2018 July California Bar Forum

[echo foxtrot]

what remedy is available if specific performance for a sale of land is barred because of sale to a bona fide purchaser?

Hmm. This is a broad question. I think one needs more facts. As for remedies, here are some possibilities: compensatory damages, restitution, punitive damages. Is this from an essay question?

[echo foxtrot]

SORRY GUYS! That is my fault. I kept reading GUN for some reason. Yikes! Prime example that you should read SLOW because that's just a GIMME type question.

Again, I also read it as he had his hands ON the money and placed it back, which is why I got the robbery instead of the attempt. I need to slow down when I read.

was just doing some reading from a law review...

attempted _______ includes all lesser offenses

so Attempted robbery would include the underlying assault or battery. So that question does not matter of whether or not the cashier was a victim of criminal assault, only that the defendant can be charged with attempted robbery which would include all lesser offenses including any assault or battery committed during the commission of the attempted robbery.

here the law review I read and the important quoted part.

https://digitalcommons.law.seattleu.edu ... ntext=sulr

Where the greater offense is an attempt, therefore, the first prong of the test for lesser included offenses is slightly different from Workman's own general formula. Workman holds that a lesser offense is a lesser included offense if each element of the lesser offense is either an element of the greater offense or, where the greater offense is an attempt, an inherent characteristic of the attempt. In Workman,the lesser offense had two elements. The first, carrying a weapon, was an element in the greater offense: "It is clear that the element of carrying a weapon under RCW 9.41.270, the gross misdemeanor, is a necessary element of the greater crime of first- degree robbery [under RCW 9A.56.200(1)(a)]. ' ' "i '
The second element of the lesser offense, "circumstances warranting alarm," was an inherent characteristic of the greater offense, an attempt: "Likewise, the element of circumstances warranting alarm under the lesser offense is an inherent characteristic of an attempt to commit a robbery. The existence of such circumstances therefore qualifies as a necessary element of the greater offense of attempted first-degree robbery.""' The court therefore concluded that the first prong of the test for lesser included offenses was met. Thus, Workman formulated and applied, albeit cryptically, an inherent characteristic rule for attempt cases.

Yes, I agree with scard that assault will merge with attempted robbery.

Underoath, I would also add this: be careful of distinguishing between the two common type of questions that sound very similar (at least in the area of crimes). Here are the two questions:

1. On what crimes can the person be charged with?
2. Regarding this incident, what could the person be charged with?

Question 1 asks you to list all of the possible crimes. Based on the facts you mentioned, I agree with you and think that assault was likely. However, be careful because that is not what the question is asking. If you compare item 2 above, with the question in your hypothetical, you will see that it is asking you about one specific incident. There, assault would merge into attempted robbery.

Thus, Answer C, attempted robbery, is the correct answer.

[lawyer786]

Hey everyone,

I've heard some people say that the barbri lectures are a waste of time and that those are the things to skip if you were going to skip anything, but how do you fill out the handouts? Any advice would be appreciated. Thanks!

[a male human]

Hey everyone,

I've heard some people say that the barbri lectures are a waste of time and that those are the things to skip if you were going to skip anything, but how do you fill out the handouts? Any advice would be appreciated. Thanks!

Are you talking about blanks in the lecture notes? What are you going to use them for?

[Underoath]

I know I shouldn't care and we all have different external factors in this, BUT how many questions have you guys completed and reviewed with adaptibar? I want to be sure I am on par.

[FinallyPassedTheBar]

I know I shouldn't care and we all have different external factors in this, BUT how many questions have you guys completed and reviewed with adaptibar? I want to be sure I am on par.

I completed/reviewed 2800 last summer. But that is on the high side IMHO.

[justanotheruser]

I know I shouldn't care and we all have different external factors in this, BUT how many questions have you guys completed and reviewed with adaptibar? I want to be sure I am on par.

Passed the 2/18 CA bar and did about 1500-1600 questions on just adaptibar. Confirmed via score advisory that I scored at least 150 on the MBE.

[MBernard]

Hey everyone,

I've heard some people say that the barbri lectures are a waste of time and that those are the things to skip if you were going to skip anything, but how do you fill out the handouts? Any advice would be appreciated. Thanks!

I’m guessing at this point that your bar program only has 2-3 lecture subjects left. If that’s the case, you can probably knock ‘em out maybe these next few days. Still have 31 days left.

If you’re behind, then I’d probably consider purchasing lean sheets or other condensed bar material online. I know the Barbri program includes a mini-conviser book which has condensed outlines. If you’re Bar program has something similar you can always substitute that for watching the lectures (only difference i believe is that the conviser doesn’t include hypos). I purchased the lecture notes already filled-in and the mini conviser from a 3rd party.

Hope everyone’s study period is productive. Definitely starting to fight against burnout and sheer boredom.

[zr3sg]

Does anyone know how barbri's professional responsibility lecture is and if we're better off just reading conviser?

[GoneSouth]

Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

[Underoath]

Adaptibar is starting to become a joke, it's already recycling questions that I did a week ago, yet it shows I have 60 questions for a particular subject that I haven't answered. They are even recycling questions I have gotten right. I want to answer the remaining 60 questions!!!!!!

[Nightcrawler]

Adaptibar is starting to become a joke, it's already recycling questions that I did a week ago, yet it shows I have 60 questions for a particular subject that I haven't answered. They are even recycling questions I have gotten right. I want to answer the remaining 60 questions!!!!!!

Agree. Their "patented technology" is really just a gimmick. Lots of holes... I just got a bunch of repeat questions that I got RIGHT a week ago wtf

[dabigchina]

Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

Your essays are within passing range.

What are you trying to do, book the bar?

[a male human]

Nothing wrong with redoing questions that you got right. I'd suggest going through the question and reasoning as if you're seeing it for the first time. It will confirm whether you still know how to answer that type of question.

[ladybug1989]

I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

[MBernard]

I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

If you’ve got the 7 MBE subjects down to the extent that you’re average is generally 70% or over I don’t think you’ll have much trouble writing essays for those topics. Plus if you can also write a good PT then that’s another plus.

There’s like 9 state specific topics, but like business associations (agency + Corp) as well as Will + Trusts were pretty standard. Probably the same stuff if you took the courses in law school.

I’ve got no prescient knowledge about what’s going to be tested but Remedies and PR come up a lot as crossovers and sometimes as questions unto themselves. I’d probably also prioritize CP and Evidence. Those are allegedly the big ones for CA. Ca CIV is not that hard and I think they usually quiz on FRCP. I definitely think you have enough time. If you get lucky could always be the case there’s 3 MBE topics and maybe a Remedies and PR question.

Hope this helps, sorry I don’t really know much about autopass though.

[a male human]

I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

https://one-timers.com/one-timers-bar-exam-calculator/

I'm assuming the calculations are done according to the new MBE scoring (175 scored), per the second hint on the right side of the screen.

Using this as a calculator, if you get 168/200 on the MBE, you can get 40s on everything else and pass.
158/200 if you want to shoot for an average raw written score of 45 -- basically an "auto-pass" if you write something remotely decent on each essay.

[echo foxtrot]

Re: Seeking Review of Bar Prep Hero.

Free MBE questions on Bar Prep Hero. Has anyone tried these before? if so, what was your experience? Thank you. Here is the link: https://m.barprephero.com

[GoneSouth]

Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

Your essays are within passing range.

What are you trying to do, book the bar?

Is 60-65 passing range? Kaplan calls it borderline

[a male human]

Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

Your essays are within passing range.

What are you trying to do, book the bar?

Is 60-65 passing range? Kaplan calls it borderline

It is borderline. At the same time, you pass as long as you cross the border.

Historically, an average written score of 62.5ish put you on track to get a 1440 scaled written score. Assuming you get a 1440 MBE scaled score, you would have passed the CA bar. It's a good rule of thumb to aim to get a 65 on each essay to be on track to pass (or do so well on the MBE that you can afford to do not so well on the written portion).

[ladybug1989]

I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

https://one-timers.com/one-timers-bar-exam-calculator/

I'm assuming the calculations are done according to the new MBE scoring (175 scored), per the second hint on the right side of the screen.

Using this as a calculator, if you get 168/200 on the MBE, you can get 40s on everything else and pass.
158/200 if you want to shoot for an average raw written score of 45 -- basically an "auto-pass" if you write something remotely decent on each essay.

Thanks, this was helpful. I'm assuming those MBE scores are scaled, right? Not raw scores?

[a male human]

I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

https://one-timers.com/one-timers-bar-exam-calculator/

I'm assuming the calculations are done according to the new MBE scoring (175 scored), per the second hint on the right side of the screen.

Using this as a calculator, if you get 168/200 on the MBE, you can get 40s on everything else and pass.
158/200 if you want to shoot for an average raw written score of 45 -- basically an "auto-pass" if you write something remotely decent on each essay.

Thanks, this was helpful. I'm assuming those MBE scores are scaled, right? Not raw scores?

They're raw scores, as in the number of questions you get right. Yes, the numbers are quite high. I wouldn't count on "auto-passing" in CA.

[psg190]

So, let's say one knows he or she will fail miserably on the BARBRI simulated MBE day. Still worth sitting through 200 questions or is time better spent studying? Asking for a friend.

[a male human]

If your friend knows for a fact (100%) that he or she will fail miserably, there's less of a point in doing a 200Q mock test.

Doing larger sets for mock purposes is for measuring your skill, not for improving it. It's like getting on the scale. If your friend already knows his or her weight (will fail miserably), what's the point of getting on the scale?

That's not to say there won't be any benefit to doing 200 questions. For one, it's a practice of endurance. And he or she could focus on reviewing those questions rather than focus on how well he or she does on the test.

[psg190]

If your friend knows for a fact (100%) that he or she will fail miserably, there's less of a point in doing a 200Q mock test.

Doing larger sets for mock purposes is for measuring your skill, not for improving it. It's like getting on the scale. If your friend already knows his or her weight (will fail miserably), what's the point of getting on the scale?

That's not to say there won't be any benefit to doing 200 questions. For one, it's a practice of endurance. And he or she could focus on reviewing those questions rather than focus on how well he or she does on the test.

Agreed that in general the practice is good, but if it turns into 6 hours of frustration it seems like the review process will be overwhelming. Doing smaller sets via self-study seems more manageable.

Also, it feels like BARBRI's approach to MBE prep is terrible.