Themis Bar Review Hangout - July 2015 Exam Forum

[Confused7]

Wait, so is Themis just grading our MPT tomorrow? Not even the essays?

I don't think Themis is grading any of it. Maybe your jurisdiction is grading the MPT but NY isn't

Thanks! I didn't realize Themis wasn't grading any of it. I'm in NY too.

[Confused7]

Lol did 1 of the "read and outline practice essay" assignments for today...0.1%.

[sd5289]

Can anyone give me a basic explanation differentiating contract modification from accord and satisfaction?

I asked this a while ago to a themis person and they gave a great response:
"I think the easiest way to think of it is that a modification modifies or changes the terms of a contract, while an accord is a new agreement to accept some different kind of performance in lieu of what was originally agreed upon. Another way to look at is that a modification swaps out terms in the contract. So there is just one contract still. It just changed out so term. While an accord is a separate agreement which discharges the first contract. However, remember that the accord alone does not discharge the prior contract. It merely suspends the right to enforce it in accordance with the terms of the accord contract. Satisfaction is the performance of the accord agreement. Its effect is to discharge not only the original contract but also the accord contract as well. I hope this helps! "

Also, wow the dude doing the simulated MBE answers is such a dick. "answer X is CLEARLY right had you known this obscure 1 sentence rule in your outline".

^ Also remember that in terms of a breach of the accord, the non-breaching party can sue on either the original K or the accord. It only took several MBE PQ failures for me to get that one.

[annapach]

I wish you could do MBE sets based on a subdivision of a subject. As in, 10 questions on K consideration so that you really got the point.

[Pleasye]

Can anyone give me a basic explanation differentiating contract modification from accord and satisfaction?

I asked this a while ago to a themis person and they gave a great response:
"I think the easiest way to think of it is that a modification modifies or changes the terms of a contract, while an accord is a new agreement to accept some different kind of performance in lieu of what was originally agreed upon. Another way to look at is that a modification swaps out terms in the contract. So there is just one contract still. It just changed out so term. While an accord is a separate agreement which discharges the first contract. However, remember that the accord alone does not discharge the prior contract. It merely suspends the right to enforce it in accordance with the terms of the accord contract. Satisfaction is the performance of the accord agreement. Its effect is to discharge not only the original contract but also the accord contract as well. I hope this helps! "

Also, wow the dude doing the simulated MBE answers is such a dick. "answer X is CLEARLY right had you known this obscure 1 sentence rule in your outline".

^ Also remember that in terms of a breach of the accord, the non-breaching party can sue on either the original K or the accord. It only took several MBE PQ failures for me to get that one.

And remember that you need new consideration from both sides for a modification.

[Ahyis]

Can anyone give me a basic explanation differentiating contract modification from accord and satisfaction?

I asked this a while ago to a themis person and they gave a great response:
"I think the easiest way to think of it is that a modification modifies or changes the terms of a contract, while an accord is a new agreement to accept some different kind of performance in lieu of what was originally agreed upon. Another way to look at is that a modification swaps out terms in the contract. So there is just one contract still. It just changed out so term. While an accord is a separate agreement which discharges the first contract. However, remember that the accord alone does not discharge the prior contract. It merely suspends the right to enforce it in accordance with the terms of the accord contract. Satisfaction is the performance of the accord agreement. Its effect is to discharge not only the original contract but also the accord contract as well. I hope this helps! "

Also, wow the dude doing the simulated MBE answers is such a dick. "answer X is CLEARLY right had you known this obscure 1 sentence rule in your outline".

^ Also remember that in terms of a breach of the accord, the non-breaching party can sue on either the original K or the accord. It only took several MBE PQ failures for me to get that one.

And remember that you need new consideration from both sides for a modification.

Unless it's under the UCC, in which case you only need to show good faith

[lilypad144]

Can anyone give me a basic explanation differentiating contract modification from accord and satisfaction?

I asked this a while ago to a themis person and they gave a great response:
"I think the easiest way to think of it is that a modification modifies or changes the terms of a contract, while an accord is a new agreement to accept some different kind of performance in lieu of what was originally agreed upon. Another way to look at is that a modification swaps out terms in the contract. So there is just one contract still. It just changed out so term. While an accord is a separate agreement which discharges the first contract. However, remember that the accord alone does not discharge the prior contract. It merely suspends the right to enforce it in accordance with the terms of the accord contract. Satisfaction is the performance of the accord agreement. Its effect is to discharge not only the original contract but also the accord contract as well. I hope this helps! "

Also, wow the dude doing the simulated MBE answers is such a dick. "answer X is CLEARLY right had you known this obscure 1 sentence rule in your outline".

^ Also remember that in terms of a breach of the accord, the non-breaching party can sue on either the original K or the accord. It only took several MBE PQ failures for me to get that one.

And remember that you need new consideration from both sides for a modification.

Unless it's under the UCC, in which case you only need to show good faith

You do need consideration for a modification of an existing contract, under common law, and only need good faith for the UCC but that's completely separate from accord and satisfaction. Additionally, under common law, for a modification, you don't always need consideration. If the other party relied on the modification OR both parties mutually agreed to a modification, you don't need additional consideration.

[sd5289]

Just got an MBE answer explanation that said "and by the process of elimination, answer choice A is the best answer."

I hate you.

[sd5289]

Also, when the wrong answer I picked was also chosen by 76% of y'all, I'm going to take that as a "that question would've been thrown out anyway" sign.

[UnamSanctam]

Just got an MBE answer explanation that said "and by the process of elimination, answer choice A is the best answer."

I hate you.

[zot1]

Just got an MBE answer explanation that said "and by the process of elimination, answer choice A is the best answer."

I hate you.

^ This! If that's the best reason for an answer, then the question shouldn't have been asked at all.

Just imagine that... "and by the process of elimination, you should find the defendant not guilty of murder..."

[zot1]

I'm starting to get a little afraid that I'm still following directed schedule when it seems many of you are not.

However, because I am still "behind," my current schedule is a nice mix of review plus essay and MBE PQs. I think my plan is to keep doing that, do more MBEs at night or flashcards, etc., etc.

I'm starting to feel very secure on my MBEs even though I'm not consistent 70s yet (I had a mix of 50s and 60s in three exams in the past few days), but I just feel like I finally get them. I don't feel the same about the pure essay subjects. I don't think I know the rules for those as well as I do for the MBEs, so I'll make sure to review those two.

It'll be an interesting couple of weeks.

ONE AND DONE.

[lilypad144]

I'm starting to get a little afraid that I'm still following directed schedule when it seems many of you are not.

However, because I am still "behind," my current schedule is a nice mix of review plus essay and MBE PQs. I think my plan is to keep doing that, do more MBEs at night or flashcards, etc., etc.

I'm starting to feel very secure on my MBEs even though I'm not consistent 70s yet (I had a mix of 50s and 60s in three exams in the past few days), but I just feel like I finally get them. I don't feel the same about the pure essay subjects. I don't think I know the rules for those as well as I do for the MBEs, so I'll make sure to review those two.

It'll be an interesting couple of weeks.

ONE AND DONE.

Just do what gels with your learning style! The biggest mistake I made was watching the lectures and spending so much time on those because others were doing it and it was in my directed study list. Those did NOTHING for me. I learn so much better from memorization and practice, so I stopped doing the lectures, sadly after watching a good chunk of them, and I don't feel bad about it at all. You know what you need to do and what you're weak on! Do it!

[Confused7]

I really hate these non-NCBE questions.

[+] Spoiler

In 1990, the owner of a 300-acre tract, prepared and duly recorded a subdivision plan called Quiet Meadows. The plan showed 90 three-acre lots and a thirty-acre tract in the center that was designated "Future Public School." The owner published and distributed a brochure promoting Quiet Meadows which emphasized the proximity of the lots to the school properly and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. The owner sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan. In 1996, the owner sold the remaining 40 lots and the thirty-acre tract to a buyer by a deed that referred to the plan. The buyer sold the 40 lots to individual purchasers and the thirty-acre tract to a restaurateur. None of the deeds from the buyer referred to the plan. The school board of the district in which Quiet Meadows is situated has voted to erect a new school on the thirty-acre tract.

In an appropriate action between the school board and the restaurateur to determine title, the result will be in favor of
A) the restaurateur, because the school board has been guilty of laches.
B) the restaurateur, because his deed did not refer to the subdivision plan.
C) the school board, because the restaurateur had constructive notice of the proposed use of the tract.
D) the school board, because there has been a dedication and acceptance of the tract.

Answer choice D is correct. Because there is no statute governing dedication for schools, the owner's deed is sufficient to establish a dedication of land for public use. Answer choice A is incorrect because there was no unreasonable delay in asserting their rights. Answer choice B is incorrect because the prior deed referred to the recorded plan containing the dedication. Answer choice C is incorrect because, even though the restaurateur had notice of the proposed use, this answer choice does not establish why the school board is the rightful owner.

[sd5289]

I really hate these non-NCBE questions.

[+] Spoiler

In 1990, the owner of a 300-acre tract, prepared and duly recorded a subdivision plan called Quiet Meadows. The plan showed 90 three-acre lots and a thirty-acre tract in the center that was designated "Future Public School." The owner published and distributed a brochure promoting Quiet Meadows which emphasized the proximity of the lots to the school properly and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. The owner sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan. In 1996, the owner sold the remaining 40 lots and the thirty-acre tract to a buyer by a deed that referred to the plan. The buyer sold the 40 lots to individual purchasers and the thirty-acre tract to a restaurateur. None of the deeds from the buyer referred to the plan. The school board of the district in which Quiet Meadows is situated has voted to erect a new school on the thirty-acre tract.

In an appropriate action between the school board and the restaurateur to determine title, the result will be in favor of
A) the restaurateur, because the school board has been guilty of laches.
B) the restaurateur, because his deed did not refer to the subdivision plan.
C) the school board, because the restaurateur had constructive notice of the proposed use of the tract.
D) the school board, because there has been a dedication and acceptance of the tract.

Answer choice D is correct. Because there is no statute governing dedication for schools, the owner's deed is sufficient to establish a dedication of land for public use. Answer choice A is incorrect because there was no unreasonable delay in asserting their rights. Answer choice B is incorrect because the prior deed referred to the recorded plan containing the dedication. Answer choice C is incorrect because, even though the restaurateur had notice of the proposed use, this answer choice does not establish why the school board is the rightful owner.

Wut? I would've gone with C on the basis of what I've bolded above. I really don't understand this answer explanation.

[Confused7]

I really hate these non-NCBE questions.

[+] Spoiler

In 1990, the owner of a 300-acre tract, prepared and duly recorded a subdivision plan called Quiet Meadows. The plan showed 90 three-acre lots and a thirty-acre tract in the center that was designated "Future Public School." The owner published and distributed a brochure promoting Quiet Meadows which emphasized the proximity of the lots to the school properly and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. The owner sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan. In 1996, the owner sold the remaining 40 lots and the thirty-acre tract to a buyer by a deed that referred to the plan. The buyer sold the 40 lots to individual purchasers and the thirty-acre tract to a restaurateur. None of the deeds from the buyer referred to the plan. The school board of the district in which Quiet Meadows is situated has voted to erect a new school on the thirty-acre tract.

In an appropriate action between the school board and the restaurateur to determine title, the result will be in favor of
A) the restaurateur, because the school board has been guilty of laches.
B) the restaurateur, because his deed did not refer to the subdivision plan.
C) the school board, because the restaurateur had constructive notice of the proposed use of the tract.
D) the school board, because there has been a dedication and acceptance of the tract.

Answer choice D is correct. Because there is no statute governing dedication for schools, the owner's deed is sufficient to establish a dedication of land for public use. Answer choice A is incorrect because there was no unreasonable delay in asserting their rights. Answer choice B is incorrect because the prior deed referred to the recorded plan containing the dedication. Answer choice C is incorrect because, even though the restaurateur had notice of the proposed use, this answer choice does not establish why the school board is the rightful owner.

Wut? I would've gone with C on the basis of what I've bolded above. I really don't understand this answer explanation.

I picked the same thing. What the heck is this dedication bs. Maybe because it has to do with the title to the property as opposed to its use?

[InternationalShoe]

Has anyone been answering the mixed MBE questions in test mode as opposed to interactive mode? Up until now I've been only using interactive mode, but I'm going to switch to test mode because I think it will be less of an emotional roller coaster. Also, I think test mode will be more efficient, given that I miss around every third question or so, and as a result I'm wasting a lot of time yelling expletives, getting pissed off at the questions, and getting pissed off at myself. In test mode I will only have one long meltdown at the end vs 10-12 short meltdowns.

I'm losing it...

[eloise16]

Has anyone been answering the mixed MBE questions in test mode as opposed to interactive mode? Up until now I've been only using interactive mode, but I'm going to switch to test mode because I think it will be less of an emotional roller coaster. Also, I think test mode will be more efficient, given that I miss around every third question or so, and as a result I'm wasting a lot of time yelling expletives, getting pissed off at the questions, and getting pissed off at myself. In test mode I will only have one long meltdown at the end vs 10-12 short meltdowns.

I'm losing it...

I've been thinking about this too. Except my reasoning is a little different. I have used interactive mode too up until now because it helps me learn more effectively... but I am sort of worried that I may be doing better than I will actually do on the test because interactive mode gives me a breather between each question and allows me time to reset my brain for the next question.... So I'm thinking I should probably do test mode so that I get used to a stream of questions with no interruptions.

[sd5289]

Has anyone been answering the mixed MBE questions in test mode as opposed to interactive mode? Up until now I've been only using interactive mode, but I'm going to switch to test mode because I think it will be less of an emotional roller coaster. Also, I think test mode will be more efficient, given that I miss around every third question or so, and as a result I'm wasting a lot of time yelling expletives, getting pissed off at the questions, and getting pissed off at myself. In test mode I will only have one long meltdown at the end vs 10-12 short meltdowns.

I'm losing it...

HAHAHA

Oh I'm glad I'm not the only one cursing out my computer.

And yes, I'm also thinking of doing straight test mode from now on just so it simulates the exam conditions.

[sd5289]

I really hate these non-NCBE questions.

[+] Spoiler

In 1990, the owner of a 300-acre tract, prepared and duly recorded a subdivision plan called Quiet Meadows. The plan showed 90 three-acre lots and a thirty-acre tract in the center that was designated "Future Public School." The owner published and distributed a brochure promoting Quiet Meadows which emphasized the proximity of the lots to the school properly and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. The owner sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan. In 1996, the owner sold the remaining 40 lots and the thirty-acre tract to a buyer by a deed that referred to the plan. The buyer sold the 40 lots to individual purchasers and the thirty-acre tract to a restaurateur. None of the deeds from the buyer referred to the plan. The school board of the district in which Quiet Meadows is situated has voted to erect a new school on the thirty-acre tract.

In an appropriate action between the school board and the restaurateur to determine title, the result will be in favor of
A) the restaurateur, because the school board has been guilty of laches.
B) the restaurateur, because his deed did not refer to the subdivision plan.
C) the school board, because the restaurateur had constructive notice of the proposed use of the tract.
D) the school board, because there has been a dedication and acceptance of the tract.

Answer choice D is correct. Because there is no statute governing dedication for schools, the owner's deed is sufficient to establish a dedication of land for public use. Answer choice A is incorrect because there was no unreasonable delay in asserting their rights. Answer choice B is incorrect because the prior deed referred to the recorded plan containing the dedication. Answer choice C is incorrect because, even though the restaurateur had notice of the proposed use, this answer choice does not establish why the school board is the rightful owner.

Wut? I would've gone with C on the basis of what I've bolded above. I really don't understand this answer explanation.

I picked the same thing. What the heck is this dedication bs. Maybe because it has to do with the title to the property as opposed to its use?

Yeah...never heard of it.

Did you check the distribution breakdown on this question? I'd bet it'll be close to a question I did earlier in Evidence where a whopping 76% of us chose the same "wrong" answer.

[Mad Hatter]

Q: Are the essays on the exam as discrete subject-wise as Themis' are? The lecturers kept on saying things like "they like to combine Subject X (e.g., conflicts of law) with Subject Y (e.g., family law)," but I have yet to encounter a truly mixed question...

[anon sequitur]

Has anyone been answering the mixed MBE questions in test mode as opposed to interactive mode? Up until now I've been only using interactive mode, but I'm going to switch to test mode because I think it will be less of an emotional roller coaster. Also, I think test mode will be more efficient, given that I miss around every third question or so, and as a result I'm wasting a lot of time yelling expletives, getting pissed off at the questions, and getting pissed off at myself. In test mode I will only have one long meltdown at the end vs 10-12 short meltdowns.

I did this today for the exact same reasons and it's so much better. I was literally having a mini-anxiety attack on every damned question: "oh god I think it's B but maybe D I'm only 70% sure agh!", or even worse "it's gotta be C, oh my god that's too easy, I'm probably missing major exception dammit I'll never get everything memorized".

Also had the problem that after a question, or every few questions at best I'd go to another window to screw around for anywhere between 10 seconds and 30 minutes.

So going to do test mode from now on, just got to make sure I do a legit job reviewing.

[zot1]

For the first time yet I struggle to finish an ungraded essay practice question. It was for both crim law and pro, and man, it was LONG. I sure hope the real questions are not that long.

[gr8scOtt!]

Officially hit 75+% today. Still feel woefully underprepared for this thing

I think my biggest problem so far is that I know the rules well enough to get by on the MBE but when it comes to essay writing, I'm at a loss. Anyone else dealing with this?

[sd5289]

Q: Are the essays on the exam as discrete subject-wise as Themis' are? The lecturers kept on saying things like "they like to combine Subject X (e.g., conflicts of law) with Subject Y (e.g., family law)," but I have yet to encounter a truly mixed question...

Really? I've been hitting quite a few. I did a practice partnerships essay yesterday that was family law / conflict of laws, partnership, and secured transactions.