. Forum

[forza]

Pity grade on the last graded essay to boost my confidence? I'll take it, advisor--thanks!

[BarbellDreams]

SPOILER


Which of the following is most likely to be found to be a strict liability offense?
Answers
A city ordinance providing for a fine of not more than $200 for shoplifting.
A federal statute making it a felony to possess heroin.
A state statute making it a felony to fail to register a firearm.
A state statute making the sale of adulterated milk a misdemeanor.
Rationale:
Answer choice D is correct. In general, courts will not find offenses with severe penalties to be strict liability crimes. Answer choices B and C are incorrect because they indicate that the crimes are felonies, which generally have severe penalties attached to them. Answer choice D, on the other hand, makes the crime a misdemeanor. Thus, answer choice D is more likely to be found to be a strict liability offense by a court than answer choices B and C. Answer choice A is incorrect. It imposes a fine for shoplifting. While the penalty is relatively minor, to prove shoplifting, the prosecution would need to show intent. Strict liability crimes do not require any intent. Rather the mere accomplishment of the act invokes criminal liability. Thus, answer choice D, which requires no showing of intent, is a better choice than answer choice A, which does.

So i guess statutory rape with like 10 years in jail isn't that big of a deal...

[09042014]

SPOILER


Which of the following is most likely to be found to be a strict liability offense?
Answers
A city ordinance providing for a fine of not more than $200 for shoplifting.
A federal statute making it a felony to possess heroin.
A state statute making it a felony to fail to register a firearm.
A state statute making the sale of adulterated milk a misdemeanor.
Rationale:
Answer choice D is correct. In general, courts will not find offenses with severe penalties to be strict liability crimes. Answer choices B and C are incorrect because they indicate that the crimes are felonies, which generally have severe penalties attached to them. Answer choice D, on the other hand, makes the crime a misdemeanor. Thus, answer choice D is more likely to be found to be a strict liability offense by a court than answer choices B and C. Answer choice A is incorrect. It imposes a fine for shoplifting. While the penalty is relatively minor, to prove shoplifting, the prosecution would need to show intent. Strict liability crimes do not require any intent. Rather the mere accomplishment of the act invokes criminal liability. Thus, answer choice D, which requires no showing of intent, is a better choice than answer choice A, which does.

So i guess statutory rape with like 10 years in jail isn't that big of a deal...

They mean interpret if the statute isn't clear.

[Agoraphobia]

THEMIS said:

Second, Husband, who formerly worked 40 to 60 hours per week, is now working only 10 to 20 hours per week so that he can finish writing a novel. Husband has worked on the novel sporadically over the past few years, but has not had time to complete it. Husband’s current income is only 25% of what it was when he was employed full time.

Sounds exactly like my ex-boyfriend, except change "past few years" to "past ten to fifteen years"

[Bikeflip]

A contracts essay question with ethical rules? dafaq, Themis?

[praetorspqr]

Anyone else taking the Bar in Austin? I'm flying out this Saturday and I'll be there for a week.

What's everyone's opinion of the MPT? I'm taking Themis as well and I got my ass handed to me with an 5/25. I'm terrible at writing memos in 45 minutes apparently....


Is there any point to continue doing MBE questions?

[forza]

Wife was kind enough to quiz me on NY wills and family law today. Clutch assist in crunch time..

[calibred]

deleted

[releasethehounds]

A contracts essay question with ethical rules? dafaq, Themis?

Was it the one with the lawyers pulling all kinds of shady shit when they left their firm? I emailed Themis about that one and they really snidely told me that it's not at all a professional responsibility essay. As i stared at a model answer that said 'such and such has violated the model rules of professional conduct' multiple times.

[Bikeflip]

A contracts essay question with ethical rules? dafaq, Themis?

Was it the one with the lawyers pulling all kinds of shady shit when they left their firm? I emailed Themis about that one and they really snidely told me that it's not at all a professional responsibility essay. As i stared at a model answer that said 'such and such has violated the model rules of professional conduct' multiple times.

Yup. That one. You've also had Themis respond with snark too, huh? That's happened to me a few times. My Colorado people are great, and they've gone out of their way to answer my questions, but their substantive law people need to stop sucking.

To be fair, a lot of the question did challenge us to recall the contractual elements of a partnership, especially the duty of loyalty. But the Model Rules of Prof Conduct made me laugh and think, "no fucking way they'll do that on the MEE."

[kalvano]

My studying has gone so downhill. I do a set of practice essays, then fuck off for an hour. Then another set, followed by more not working. Rinse and repeat most of the day.

[denimchickn]

Had to have my dog put to sleep this afternoon and now I'm having a bona fide freak out moment after getting several practice essays in a row where I had no idea whatsoever how to approach the question. Legitimately feeling like there's a chance I might fail this thing despite all of the work I've put in over the last two months.

Needless to say, I'm having a rough time of it today.

[Bikeflip]

My studying has gone so downhill. I do a set of practice essays, then fuck off for an hour. Then another set, followed by more not working. Rinse and repeat most of the day.

You're not the only one. It's painful to read my wills notes/outline.

Had to have my dog put to sleep this afternoon and now I'm having a bona fide freak out moment after getting several practice essays in a row where I had no idea whatsoever how to approach the question. Legitimately feeling like there's a chance I might fail this thing despite all of the work I've put in over the last two months.

Needless to say, I'm having a rough time of it today.

Hugs bros. This week is the freakout week. Do what you need to calm down, and you'll get through it.

[kalvano]

Had to have my dog put to sleep this afternoon and now I'm having a bona fide freak out moment after getting several practice essays in a row where I had no idea whatsoever how to approach the question. Legitimately feeling like there's a chance I might fail this thing despite all of the work I've put in over the last two months.

Needless to say, I'm having a rough time of it today.

JFC, quit for the day. Go have a drink and chill.

[praetorspqr]

My studying has gone so downhill. I do a set of practice essays, then fuck off for an hour. Then another set, followed by more not working. Rinse and repeat most of the day.

I'm in the same boat. I feel like I'm just about near max retention. I read over outlines and think to myself... yeah, I've remember reading this. I feel like no new information is getting in. Luckily, there's cold beer here and Netflix.

[BarbellDreams]

You guys do realize that there will be maybe one person in this entire thread that fails, if that. Idk, I have my panic moments too, but I kinda just wanna take this thing and get it over with. I feel like as long as you don't screw up the MBE, everyone here knows how to BS enough on the essays to pass. Seriously, I think you can TRAC a rule thats half made-up and apply the facts and still do fine. You think I remember the exact definition of the two types of arson in PA? Hell no, I'm likely making those up on the exam, and that really doesn't stress me out.

[09042014]

Do the NCBE exam that costs 50 bucks if you are freaking out. It should give a fairly accurate measure of what you are.

[Agoraphobia]

Had to have my dog put to sleep this afternoon and now I'm having a bona fide freak out moment after getting several practice essays in a row where I had no idea whatsoever how to approach the question. Legitimately feeling like there's a chance I might fail this thing despite all of the work I've put in over the last two months.

Needless to say, I'm having a rough time of it today.

I'm really sorry. Losing a pet is so hard.

((hugs))

Take the day off.

[kalvano]

Do the NCBE exam that costs 50 bucks if you are freaking out. It should give a fairly accurate measure of what you are.

You said something in the MBE Autopass thread about a BarBri raw score of 130 on the MBE being equal to about an actual 150. Any idea of where Themis falls?

[TheBeard]

Had to have my dog put to sleep this afternoon and now I'm having a bona fide freak out moment after getting several practice essays in a row where I had no idea whatsoever how to approach the question. Legitimately feeling like there's a chance I might fail this thing despite all of the work I've put in over the last two months.

Needless to say, I'm having a rough time of it today.

Dude, I'm with everyone else, take the day off. Losing a pet is tough, I feel for you. Sending positive vibes your way.

[09042014]

Do the NCBE exam that costs 50 bucks if you are freaking out. It should give a fairly accurate measure of what you are.

You said something in the MBE Autopass thread about a BarBri raw score of 130 on the MBE being equal to about an actual 150. Any idea of where Themis falls?

No fucking clue.

Best idea I have to compare Themis National Average which was like 62% on the Simulated. Average score is like 144 SCALED. For every % you got above 62%, you should add 2 MBE points. So if you got 70% thats like 160 SCALED.

BUT we took it with time left to study. So the average person might still increasing their score. So that's probably a high estimate.

[forza]

FYI THEMIS BROS: quite intuitively, if you kill your spouse and you hold property together as tenants by the entirety, your right of survivorship ceases. Quite COUNTERINTUITIVELY, you can still have one half of the property as a tenant in common.

[JuTMSY4]

Do the NCBE exam that costs 50 bucks if you are freaking out. It should give a fairly accurate measure of what you are.

You said something in the MBE Autopass thread about a BarBri raw score of 130 on the MBE being equal to about an actual 150. Any idea of where Themis falls?

No fucking clue.

Best idea I have to compare Themis National Average which was like 62% on the Simulated. Average score is like 144 SCALED. For every % you got above 62%, you should add 2 MBE points. So if you got 70% thats like 160 SCALED.

BUT we took it with time left to study. So the average person might still increasing their score. So that's probably a high estimate.

I never thought about it that way - makes me feel better

[BarbellDreams]

From PA Crim distinction outline: "Absent exigent circumstances, forcible entry without following the knock and announce requirement constitutes a violation of the prohibition against unreasonable searches and seizures. "

Does this mean that unlike CL, where if a cop doesn't knock and announce that in and of itself will not trigger exclusionary rule, in PA if you fail to knock and announce thats it, its tainted and nothing can be introduced?

[09042014]

From PA Crim distinction outline: "Absent exigent circumstances, forcible entry without following the knock and announce requirement constitutes a violation of the prohibition against unreasonable searches and seizures. "

Does this mean that unlike CL, where if a cop doesn't knock and announce that in and of itself will not trigger exclusionary rule, in PA if you fail to knock and announce thats it, its tainted and nothing can be introduced?

I don't know if that is what they mean.

The "no knock" IS a violation of your rights re:unreasonable searches and seizures. It just doesn't trigger exclusion. I think that what federal courts says.