Themis Bar Review Hangout - July 2014 Exam Forum

[iLoveFruits&Veggies]

Did we ever get an answer as to whether the actual MBE questions are easier/harder than what we've been getting from Themis? I know a friend of mine said they were similar, but I didn't know if anyone else had further proof.

I'm still most worried about the essays.

I know that 75% of the MBEs that Themis gives us are straight from the NCBE - so those are very similar to the "real" thing because they are the real thing - from past exams. But the other 25% Themis writes, so I have no idea about those... and I'm most concerned about the essays too... and a little worried about getting a Performance Test that doesn't look familiar. I reviewed all of the PTs that themis gave us. Is anyone else going beyond that? I'm not going to write them out at this point... I just want to be familiar with all the formats and know how to approach them. I typed up all of my notes today from all of my scribbles on each MBE question that I had missed over the past couple weeks. I keep re-reading them. Hopefully that will give me a little MBE boost. I ventured out to TJ's too, and the checker asked if I was doing anything FUN today and I said, "this IS my fun for the day!" lol. Time to get back to the books and make up for my "detour"

[jumpingjack]

There's too much random crap to remember for the non-MBE essays. Take, for example, this rule:

"However, a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer if the security interest is a PMSI and the security interest is perfected by a fixture filing. A fixture filing is the filing of a financing statement covering goods that are fixtures. The financing statement must be filed in the office designated for the filing or recording of a mortgage on the related real property, such as the local real estate records office. "



I'm going to be praying for MBE subject essays and hopefully going to sharpen my BS skills by next Tuesday.

[lawyerwannabe]

There's too much random crap to remember for the non-MBE essays. Take, for example, this rule:

"However, a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer if the security interest is a PMSI and the security interest is perfected by a fixture filing. A fixture filing is the filing of a financing statement covering goods that are fixtures. The financing statement must be filed in the office designated for the filing or recording of a mortgage on the related real property, such as the local real estate records office. "



I'm going to be praying for MBE subject essays and hopefully going to sharpen my BS skills by next Tuesday.

That's actually part of our MBE property material. Needs to be filed within 20 days of the giving of the fixture I think for it to have priority.

[hous]

OK, Just got a contracts essay that said the lease of uniforms was covered by the UCC. I was under the impression that the UCC only covered the sale of goods? I cannot find anything in the outline that mentions the other transactions that Article 2 is concerned with. Anyone confronted this?

[champ33]

I have been so stressed about memorizing the dozens/hundreds of 3- and 4-factor tests for the essay topics, but I think that I have concluded that it is actually impossible. I have been over the outlines and lectures so many times, but when I turn back to a topic I did two or three days ago, it's like starting all over again. I think my best bet at this point is to realize it's too much to memorize, go over the summary outlines a few more times before the test, and hope I can spew enough onto the page to pass.

[northwood]

I have been so stressed about memorizing the dozens/hundreds of 3- and 4-factor tests for the essay topics, but I think that I have concluded that it is actually impossible. I have been over the outlines and lectures so many times, but when I turn back to a topic I did two or three days ago, it's like starting all over again. I think my best bet at this point is to realize it's too much to memorize, go over the summary outlines a few more times before the test, and hope I can spew enough onto the page to pass.

ive heard from others that have taken the bar exam that they were shocked in a good way to realize how much they actually did remember and just typed out... even if they got some of the elements wrong or didn't put them in. so just trust yourself and your knowledge I guess,


I mean I feel the same way, and ive already had a few panic attacks ( and I will have more as the week progresses) but im going to trust that this is true

[Tanicius]

OK, Just got a contracts essay that said the lease of uniforms was covered by the UCC. I was under the impression that the UCC only covered the sale of goods? I cannot find anything in the outline that mentions the other transactions that Article 2 is concerned with. Anyone confronted this?

Holy shit. Why is there a STATUTE for renting uniforms, and why the hell would we ever need to know that? I hate the people who write this test.

[hous]

OK, Just got a contracts essay that said the lease of uniforms was covered by the UCC. I was under the impression that the UCC only covered the sale of goods? I cannot find anything in the outline that mentions the other transactions that Article 2 is concerned with. Anyone confronted this?

Holy shit. Why is there a STATUTE for renting uniforms, and why the hell would we ever need to know that? I hate the people who write this test.

I dont think its limited to uniforms. I think its just the lease of goods in general is governed by the UCC. Atleast that's what the essay model answer implied.

Does anyone know anything about leases of goods and the UCC?

[Tanicius]

OK, Just got a contracts essay that said the lease of uniforms was covered by the UCC. I was under the impression that the UCC only covered the sale of goods? I cannot find anything in the outline that mentions the other transactions that Article 2 is concerned with. Anyone confronted this?

Holy shit. Why is there a STATUTE for renting uniforms, and why the hell would we ever need to know that? I hate the people who write this test.

I dont think its limited to uniforms. I think its just the lease of goods in general is governed by the UCC. Atleast that's what the essay model answer implied.

Okay, that makes more sense. I guess it makes sense. Odd we weren't given any materials on renting under the UCC at all.

[hous]

OK, Just got a contracts essay that said the lease of uniforms was covered by the UCC. I was under the impression that the UCC only covered the sale of goods? I cannot find anything in the outline that mentions the other transactions that Article 2 is concerned with. Anyone confronted this?

Holy shit. Why is there a STATUTE for renting uniforms, and why the hell would we ever need to know that? I hate the people who write this test.

I dont think its limited to uniforms. I think its just the lease of goods in general is governed by the UCC. Atleast that's what the essay model answer implied.

Okay, that makes more sense. I guess it makes sense. Odd we weren't given any materials on renting under the UCC at all.

Yeah and the Contracts and Sales outline says the UCC generally applies to the sales of goods and conveniently refers us to the Themis discussion for further details about Article 2 of the UCC. There is no Themis Sales outline and I couldn't find the materials they referred to.

[iLoveFruits&Veggies]

Civ Pro and Community Property. If those are on the CA exam, I'm in big trouble. Had to let them go. It's a gamble, but there's just TOO much to learn and my brain can't remember everything. Have to devote these last few precious days to subjects that I really think will be tested. SCARY

[Prime]

Civ Pro and Community Property. If those are on the CA exam, I'm in big trouble. Had to let them go. It's a gamble, but there's just TOO much to learn and my brain can't remember everything. Have to devote these last few precious days to subjects that I really think will be tested. SCARY

Unless the California system is drastically different from the Texas system, just learn some of the easy points like the general rule + exceptions. My prof had a reputation for teaching enough CP in the first 2 classes that you could pass the bar. After doing about a dozen CP related questions? He was right. haha

[dtl]

Yeah, you should absolutely memorize the basic community property stuff. Basically, memorize this paragraph, and you are 80% there. It is one of those subjects where you can learn the majority of it extremely quickly, as long as you are willing to ignore the nuance.

Code: Select all

California is a community property state. The marital economic community begins upon marriage, and ends at divorce, permanent physical separation, or the death of a spouse. Property, wages, or debt acquired during the marital economic community are community property. Property acquired by one spouse during the marital economic community by gift, devise or bequest is separate property. Generally, property purchased with separate property remains separate. Finally, property acquired during marriage out of the state of California that would have been considered community property if it were acquired within California is characterized as quasi community property. 

I do not know if anyone else has mentioned this, but given your situation, it might be worth thinking about buying one of the commercial ultra-condensed outlines like Leansheets.

Edit: but yeah Civ Pro is a nightmare. If you have not studied it at all yet, I would make sure you know just PJ, SMJ and maybe preclusion.

[Lilly76]

Civ Pro and Community Property. If those are on the CA exam, I'm in big trouble. Had to let them go. It's a gamble, but there's just TOO much to learn and my brain can't remember everything. Have to devote these last few precious days to subjects that I really think will be tested. SCARY

Unfortunately for me Civ Pro is always tested. It's just a toss up whether it will be the federal rules of the Pa Rules. Plus NJ always tests its own rules, so I have to review all them

[FlanAl]

Can anyone tell me why this is a license and not an easement?

A landowner orally gave his neighbor permission to share the use of the private road on the landowner's land so that the neighbor could have more convenient access to the neighbor's land. Only the landowner maintained the road. After the neighbor had used the road on a daily basis for three years, the landowner conveyed his land to a grantee, who immediately notified the neighbor that the neighbor was not to use the road. The neighbor sued the grantee seeking a declaration that the neighbor had a right to continue to use the road. Who is likely to prevail?

Is it because the neighbor doesn't maintain the road?

[FlanAl]

Also, anyone figure out a way to string all of the lecture videos together so that you don't have to start them up every 20 minutes? I've got a couple of really long drives to get to my test site and would like to at least try and do something productive but I don't want to have to keep pushing the next button after every single video.

[Tanicius]

Can anyone tell me why this is a license and not an easement?

A landowner orally gave his neighbor permission to share the use of the private road on the landowner's land so that the neighbor could have more convenient access to the neighbor's land. Only the landowner maintained the road. After the neighbor had used the road on a daily basis for three years, the landowner conveyed his land to a grantee, who immediately notified the neighbor that the neighbor was not to use the road. The neighbor sued the grantee seeking a declaration that the neighbor had a right to continue to use the road. Who is likely to prevail?

Is it because the neighbor doesn't maintain the road?

It's because it's oral. Easements have to be in writing if they aren't of the adverse possession/necessity variety. A license is oral permission.

Why is there actually a policy distinction between the two in this day and age? Good question.

[FlanAl]

Awesome, thanks!

[northwood]

Can anyone tell me why this is a license and not an easement?

A landowner orally gave his neighbor permission to share the use of the private road on the landowner's land so that the neighbor could have more convenient access to the neighbor's land. Only the landowner maintained the road. After the neighbor had used the road on a daily basis for three years, the landowner conveyed his land to a grantee, who immediately notified the neighbor that the neighbor was not to use the road. The neighbor sued the grantee seeking a declaration that the neighbor had a right to continue to use the road. Who is likely to prevail?

Is it because the neighbor doesn't maintain the road?

It's because it's oral. Easements have to be in writing if they aren't of the adverse possession/necessity variety. A license is oral permission.

Why is there actually a policy distinction between the two in this day and age? Good question.

don't you know that bar exam stands for Barely Applicable Rule examination

[northwood]

How should a person feel about their simulated MBE score? Like what range for: (1) terrified; (2) ok; (3) good; (4) thrilled?

I like Kapital's numbers for the most part, but I guess for me it would be less than 50% for terrified, 50-60% for okay, 60-70% for good, and 70% plus for thrilled. But that's taking into account that you have time to practice and see what went wrong in between the simulated MBE and actual exam.

I got a 139 and am devoting only two more days to MBE between now and the first day of the exam. I guess I feel OK. LOL.

On to NY law!

NY law will be the death of me. Evidence.

NY evidence on the NYMC will be easy... any NY rules of evidence question will be answered with D... because D is minimal competency and that's all we need to pass... and theres not enough braincells/time to memorize all of them and keep them straight with FRE rules of evidence and be able to cut a parth through the forest of bs trees that I need to do in order to pass this thing..

[iLoveFruits&Veggies]

Yeah, you should absolutely memorize the basic community property stuff. Basically, memorize this paragraph, and you are 80% there. It is one of those subjects where you can learn the majority of it extremely quickly, as long as you are willing to ignore the nuance.

Code: Select all

California is a community property state. The marital economic community begins upon marriage, and ends at divorce, permanent physical separation, or the death of a spouse. Property, wages, or debt acquired during the marital economic community are community property. Property acquired by one spouse during the marital economic community by gift, devise or bequest is separate property. Generally, property purchased with separate property remains separate. Finally, property acquired during marriage out of the state of California that would have been considered community property if it were acquired within California is characterized as quasi community property. 

I do not know if anyone else has mentioned this, but given your situation, it might be worth thinking about buying one of the commercial ultra-condensed outlines like Leansheets.

Edit: but yeah Civ Pro is a nightmare. If you have not studied it at all yet, I would make sure you know just PJ, SMJ and maybe preclusion.

Thanks DTL & Prime! It's funny I actually have those facts for Community Property in my head already - so maybe it's not a complete wash after all but that's a great synthesized paragraph - thanks! I'll practice writing it out. And I know the rules for subject matter Jx and personal Jx. Should probably add at least a couple more issues to my brain before test day if there's time! I should check out the top issues tested. I have Lean Sheets but haven't been using them very much. Today I'm going to do more MBEs and read a ton of essays, and hopefully memorize more rules. Unfortunately the stress/anxiety sleep pattern seems to be setting in... woke up 2 hours before I wanted to this morning, watched the sun rise, and sure enough, fell back to sleep about 20 minutes before the alarm went off. It's gonna be a sleepy day!

[Rirruto]

Really wish there was a way to shut off repeats on the MBE PQs. I think we always get a couple of repeats on a 50 or 100 question set, but I guess I've made it through the Crim Pro bank because I don't think I've gotten a new question in a couple of days. It's messing with my averages and giving me a false sense of security.

[Burgstaller04]

47. (Question ID#1026)
A testator owned Maypond in fee simple. By her will, she devised as follows: "Maypond to such of my grandchildren who shall reach the age of 21; and by this provision I intend to include all grandchildren whenever born." At the time of her death, the testator had two children and five grandchildren.

Which of the following additions to or changes in the facts of the preceding question would produce a violation of the common-law Rule Against Perpetuities?
A. A posthumous child was born to the testator.
B. The testator's will expressed the intention to include all afterborn grandchildren in the gift.
C. The instrument was an inter vivos conveyance rather than a will.
D. The testator had no grandchildren living at the time of her death.

So...answer A. How is a posthumous child born to a female testator?

[BarExamAvoider]

Is anyone else getting the same question repeatedly on the NYMC? I've gotten the same question 5 times now - twice in the current section. I'm not going to worry about the section too much but it would be nice if given the small amount of questions Themis provides they didn't constantly repeat.

[champ33]

Anyone else notice that in the later MBE mixed sets they are introducing somewhat obscure stuff that we wouldn't necessarily know from the materials so far? I guess this is a good idea to give us more information but I can't tell if this is the case or I'm just forgetting a lot of MBE stuff after focusing on the essays. It may be a combination.