. Forum

[Shawnology]

Hey Themis Bretheren first of all hope everyone is doing well this last week. I hope we can all kill it so I can continue to talk about my friends who spend three times as much for the same result.

With that being said, can anyone help me with this, I feel the answer is contradictory the explanation.

Spoiler MBE Mixed Set Session 8

31. (Question ID#2817)
A defendant is on trial for the murder of his father. The defendant’s defense is that he shot his father accidentally. The prosecutor calls a police officer as a witness to testify that on two occasions in the year prior to this incident, he had been called to the defendant’s home because of complaints of loud arguments between the defendant and his father, and had found it necessary to stop the defendant from beating his father.
Defense counsel objected to the introduction of the police officer’s testimony. How should the court rule?
A. Exclude the testimony, because it is improper character evidence.
B. Exclude the testimony, because the police officer lacks firsthand knowledge of who started the quarrels.
C. Admit the testimony, to show that the defendant killed his father intentionally.
D. Admit the testimony to show that the defendant is a violent person.
Incorrect: Answer choice C is correct. In criminal cases, evidence of the defendant’s bad character is not admissible to prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question. Therefore, answer choice D is incorrect. Although a defendant’s prior bad acts would not be admissible as character evidence, they could be admissible under the MIMIC rule. Here, the evidence of the defendant beating his father could be used to help show intent. Answer choice A is a true statement about admissibility as character evidence, but the evidence would still be admissible under a different theory, the MIMIC rule. Answer choice B is incorrect because firsthand knowledge of who started the quarrels is irrelevant.
The foregoing NCBE MBE question has been modified to reflect current NCBE stylistic approaches; the NCBE has not reviewed or endorsed this modification.

Thanks you two. I am getting to the point where I am over-thinking EVERYTHING. I appreciate the explanations.

[TheBeard]

So I've been struggling to get anything done these last couple of days. Now, I'm not the type to freak out about exams (it's not a good trait, trust me), but after 3 days of not being productive, I had a panic moment yesterday. I began thinking about the amount of crap this thing can cover and how little I know in relation to it. So I got back on it today, and now I'm feeling a lot better. Honestly, I'd just like to get this damn thing over with.

One. More. Week.

[Shawnology]

FL Bar: Tampa
Anyone taking the Florida Bar, or simply familiar with the Tampa Convention Center area know what the parking situation is going to be like??

[locusdelicti]

So I've been struggling to get anything done these last couple of days. Now, I'm not the type to freak out about exams (it's not a good trait, trust me), but after 3 days of not being productive, I had a panic moment yesterday. I began thinking about the amount of crap this thing can cover and how little I know in relation to it. So I got back on it today, and now I'm feeling a lot better. Honestly, I'd just like to get this damn thing over with.

One. More. Week.

I'm back and forth between panic and apathy. Today I experienced the whole "did issue spotting, actually wrote out an answer, and then realized I skipped the issue they were looking for and discussed an issue not even mentioned in the model answer" situation that I so dearly love.

So that made me frown.

[yeff]

I'm issue spotting and writing out rules for a billion essays, just not writing them out. It's kinda nice to see which parts of the law are KEY and which ones are pretty minor.

I'd have to agree. I know how to write these damn things, but I want to know what's important. I can quickly see which rules are important, how those rules fit in with other rules and keep moving on.

I have found this helpful:

http://www.smartbarprep.com/SmartBarPre ... alysis.pdf

[kalvano]

I wonder how wise taking an entire day off would be, since my apathy level is appallingly high.

[thebull]

I'm issue spotting and writing out rules for a billion essays, just not writing them out. It's kinda nice to see which parts of the law are KEY and which ones are pretty minor.

I'd have to agree. I know how to write these damn things, but I want to know what's important. I can quickly see which rules are important, how those rules fit in with other rules and keep moving on.

I have found this helpful:

http://www.smartbarprep.com/SmartBarPre ... alysis.pdf

I bought this, highly recommended.

[Bikeflip]

I'm issue spotting and writing out rules for a billion essays, just not writing them out. It's kinda nice to see which parts of the law are KEY and which ones are pretty minor.

I'd have to agree. I know how to write these damn things, but I want to know what's important. I can quickly see which rules are important, how those rules fit in with other rules and keep moving on.

I have found this helpful:

http://www.smartbarprep.com/SmartBarPre ... alysis.pdf

See, I wish there was one of these for Colorado.

[09042014]

I wonder how wise taking an entire day off would be, since my apathy level is appallingly high.

I did this. Spent a day boozed up watching netflix. Still haven't been able to gun since.

Keep going, only 7 more days.

[Kretzy]

I'm issue spotting and writing out rules for a billion essays, just not writing them out. It's kinda nice to see which parts of the law are KEY and which ones are pretty minor.

I'd have to agree. I know how to write these damn things, but I want to know what's important. I can quickly see which rules are important, how those rules fit in with other rules and keep moving on.

I have found this helpful:

http://www.smartbarprep.com/SmartBarPre ... alysis.pdf

I bought this, highly recommended.

This is awesome. Anyone know if there's something similar for CA? I'd take out my credit card right now for this level of detail and some peace of mind.

[Charles Barkley]

FL Bar: Tampa
Anyone taking the Florida Bar, or simply familiar with the Tampa Convention Center area know what the parking situation is going to be like??

I'm also interested in knowing this. Also, are earplugs allowed?

[Bikeflip]

FL Bar: Tampa
Anyone taking the Florida Bar, or simply familiar with the Tampa Convention Center area know what the parking situation is going to be like??

I'm also interested in knowing this. Also, are earplugs allowed?

http://www.floridabarexam.org/public/ma ... l?OpenPage click on "What is permitted in the examination room?"

Screw it. Here's the link: http://www.floridabarexam.org/public/ma ... age#faq26b

What is permitted in the [FLORIDA] examination room?
Examinees are required to have an official photo badge, which is given to you at the examination site. Black pens, pencils, and scratch paper (when permitted) will be provided at your desk position. Only a jacket, money, keys, and a picture ID are authorized to be taken into the examination room. Laptop computers are permitted only if the examinee has registered and qualified through ExamSoft® prior to the examination.
Video surveillance and metal detectors are employed to support these restrictions. The following items are not permitted in the examination room:

Purses, book bags, or backpacks
Notes, books, paper, or any study materials
Food or liquids (including bottled water or soft drinks)
Cellular telephones, pagers, or any wireless communication device
Watches or clocks with audible alarms
Calculators, palm pilots, handheld computers, or any other electronic devices

[releasethehounds]

FL Bar: Tampa
Anyone taking the Florida Bar, or simply familiar with the Tampa Convention Center area know what the parking situation is going to be like??

I'm also interested in knowing this. Also, are earplugs allowed?

http://www.floridabarexam.org/public/ma ... ile/vt.pdf

It's some powerpoint that goes into more detail than the FAQ. that may help. maybe. it did specifically say no ear plugs with wires, so reading into that would suggest normal earplugs are okay. AZ provides them there and explicitly tells us we can't bring them so it's sort of a toss-up..

[Person1111]

So, for the answer above, the legislation would not be subject to due process analysis but once that legislation is applied to individual persons by whatever government agency is empowered to enforce it those persons being deprived of their benefits WOULD be able to raise procedural due process?

Thanks for the help, by the way.

Yes, when SSA cuts someone's benefits off, they are entitled to a hearing, but they are not entitled to a hearing to challenge a generally applicable law that will have the effect of threatening their benefits.

I don't want to belabor the point, but in this particular instance, where we have a law enacted that says "aliens are no longer eligible for social security payments," they are entitled to notice and a hearing before the benefits are actually taken away?

I doubt it!

If Congress says no more SSI to aliens, aliens don't get no more SSI. Goldberg (and Matthew v. Eldrige, etc...) were predicated on statutory entitlements. If the statute isn't there any more, well, then... that's that. Remember, Congress could kick every alien out of the country tomorrow if it really wanted to. Though in real life, I could see an SDP vested-rights-esque argument getting 5 votes, I think for bar-purposes, plenary really means plenary.

Even if this is correct, a recipient of SSI would still be entitled to some degree of procedural due process to challenge the application of the law to the particular facts of her case (e.g. to provide evidence that she was actually a citizen). This may not require a full-blown hearing (and I may have overstated the point earlier), but in general, the point is that there is a much greater degree of procedural due process required when an agency applies a statute to an individual to deprive him or her of a liberty or property interest than when Congress passes that statute in the first instance.

[TheBeard]

This is awesome. Anyone know if there's something similar for CA? I'd take out my credit card right now for this level of detail and some peace of mind.

Our Themis state director (Kevin Frost, Pennsylvania) provided us with similar analysis for the PA bar a couple weeks ago. Certainly not as thorough as this, but just as effective. Did you all not get one from your Themis director?

[Agoraphobia]

So much to do, but I need sleep so badly. Ugh. Cancelling plans for tonight. Will probably feel sick when I wake up. Complain, complain, complain.

[elysiansmiles]

This is awesome. Anyone know if there's something similar for CA? I'd take out my credit card right now for this level of detail and some peace of mind.

Our Themis state director (Kevin Frost, Pennsylvania) provided us with similar analysis for the PA bar a couple weeks ago. Certainly not as thorough as this, but just as effective. Did you all not get one from your Themis director?

Agreed - I mentioned some anxiety around particular essay subjects to the Maryland state director and she gave me a very similar thing for MD.

[BarbellDreams]

So about 25% of what needed to get done today got done. At least the MBE scores are doing ok. I'm hitting that lazy last-week-before-test syndrome hard right now.

[forza]

God damn. 4 out of 14 on constitutional law on MBE mixed set 13.

All I can do at this point is

[Reinhardt]

Same here. I've made one note card about professional responsibility today. Will probably make more but I'm really annoyed I don't get motivated until about 8pm.

[releasethehounds]

I went from getting 79/100 on MBE set 12 to what's shaping up to be probably about 45/100 on set 13. And a note from my advisor telling me 'You got this'.

Thanks for the confidence boost, Themis. I truly beg to differ. Set 12 feels like a major fluke.

[forza]

I went from getting 79/100 on MBE set 12 to what's shaping up to be probably about 45/100 on set 13. And a note from my advisor telling me 'You got this'.

Thanks for the confidence boost, Themis. I truly beg to differ.

FWIW, I found set 13 extremely difficult myself.

[09042014]

I think consensus is that after Mixed 5, it's all just trying to hone your weak points, so don't look at its representative of your test day performance.

[releasethehounds]

FWIW, I found set 13 extremely difficult myself.

Yeah I'm hoping that since it's the last set of 100 that I'm really just hitting the 'Ludicrous Speed' questions. Goin' to plaid.

I think consensus is that after Mixed 5, it's all just trying to hone your weak points, so don't look at its representative of your test day performance.

And I agree, I'm about...84% sure that these are non-representatively hard since there's no way we're going to get an ENTIRE test of these types of questions. but talk about your downers, right?

Though I can't remember who said it a couple of pages back, but I really have to agree that half the reason these questions are so difficult now is they're just poorly, poorly worded.

[as stars burn]

I wonder how wise taking an entire day off would be, since my apathy level is appallingly high.

I am SO there. I did so little this past weekend, and only managed to condense my Trusts outline today. I'm extremely apathetic and just wore out. This is actually really unlike me. My "tasks" list on Themis right now is absurd, but I just hardly give a flying fuck anymore. I need to keep practicing though.