July 2017 -- Barbri UBE Hangout Forum

[FormerChild]

How screwed am I if I'm still getting "below passing" on a number of essays...

It's hard to tell (assuming you mean self-grading the essays). IMO, it depends on whether you're using the same rules, points/arguments, analysis and conclusion as Barbri, but just not using Barbri's exact language. We can't know for sure how lenient or strict the actual bar essay graders will be with the above. With Barbri's self-grading sheets, you either said exactly what they want or you didn't, and we don't really have any discretion to make the call ourselves without sacrificing integrity of the whole thing. We also can't know if they'd give credit for logical and coherent arguments that Barbri didn't include. I think if you're recognizing the pertinent issues, stating the law correctly, and applying it correctly, but just your language is different than Barbri's, you shouldn't worry toooo much (assuming you're doing it all in 30 mins or less). If this is the case for you, just sharpen up the rule statements. But, if none of the above is your case and you can't state the precise rule under the timed conditions, then no way to sugar coat it--just gotta get back to work. Best of luck.

[Toubro]

I think consensus is that you don't do all additional essays when assigned in the PSP this week, but at least questions 5, 6, 7, and 8 in the "writing program"? Presumably those are more relevant than the "additional" ones placed at the end, which they prefatorily note contain less frequently tested topics.

/(Calling cnk)

[Ken Kesey]

Is anyone actually reviewing the CMR today? I feel like it would be a waste of my time. planning on just reviewing lecture notes again.

My experience is that the lectures really don't cover everything you need to know.

[cricketlove00]

Is embezzlement a crime involving dishonesty that you could be impeached with? I thought the crime had to be one with a false statement, but then I got a question where Barbri said dishonesty was a character trait for embezzlement.

[RDA2930]

Is embezzlement a crime involving dishonesty that you could be impeached with? I thought the crime had to be one with a false statement, but then I got a question where Barbri said dishonesty was a character trait for embezzlement.

Yes, any crime that involves dishonesty but is more than mere theft will qualify. So, embezzlement, false pretenses, etc. will count. I think the rationale here is that because there is an element of entrustment (to embezzle, you are stealing funds that someone trusted you with) and you aren't just "merely" stealing--you're deceiving someone.

[californiauser]

Is embezzlement a crime involving dishonesty that you could be impeached with? I thought the crime had to be one with a false statement, but then I got a question where Barbri said dishonesty was a character trait for embezzlement.

Yes because embezzlement implicates trustworthiness, i.e., you were trusted to control this money, property, etc. If the defendant can show that they have a general reputation for trustworthiness, this helps to vitiate the specific intent required for embezzlement.

edit: scooped above

[cricketlove00]

Is embezzlement a crime involving dishonesty that you could be impeached with? I thought the crime had to be one with a false statement, but then I got a question where Barbri said dishonesty was a character trait for embezzlement.

Yes, any crime that involves dishonesty but is more than mere theft will qualify. So, embezzlement, false pretenses, etc. will count. I think the rationale here is that because there is an element of entrustment (to embezzle, you are stealing funds that someone trusted you with) and you aren't just "merely" stealing--you're deceiving someone.

Thank youuuuu!

[Cantab10]

Hi guys,

Anyone in the Albany area looking for a study buddy? PM me if interested

[dhersz]

I'm finding myself feeling very underprepared for Corps, Family and Trusts.

What do we think the odds of them showing up back-to-back are? I can't decide if I'm wasting precious MBE-focus time by trying to get memorize them!

[bballbb02]

I'm finding myself feeling very underprepared for Corps, Family and Trusts.

What do we think the odds of them showing up back-to-back are? I can't decide if I'm wasting precious MBE-focus time by trying to get memorize them!

Corps would actually be back-to-back-to-back so idk, but I feel the same way on this,,, feel a little better about family than the other twords though

[Brian_Wildcat]

I am banking on no family law. let's hope that is the case because I am just going to casually review it Sunday night and thats it.

[dhersz]

Yeah, well I reckon family is fairly easy to wing it. Like its all very straight forward.

I'm kinda studying Corps, but there's a lot to memorize there.

Im figuring Trusts is fair game, given that most predictions are stating Wills.

[runthetrap1990]

Trust and Wills is what is giving me the creeps. So many nuanced rules that don't quite mesh with everything else we've learned (as opposed to say, Agency/Partnership/Corporations all having that common thread of agency law connecting them).

Family law will ultimately be a word vomit of "best interest of the child" and "equity."

[dhersz]

Yeah I get that.

I think Wills is ok, as ultimately it will be intestacy/validity issues which are straightforward. Trusts is a lot trickier.

I'm very tempted to just let Corps go at this stage

[Brian_Wildcat]

I freaking hate MPT.

[cricketlove00]

I think Barbri is trying to kill me. I had real property, mortgages, liens, and sureties today. I'm dead.

[cnk1220]

Trust and Wills is what is giving me the creeps. So many nuanced rules that don't quite mesh with everything else we've learned (as opposed to say, Agency/Partnership/Corporations all having that common thread of agency law connecting them).

Family law will ultimately be a word vomit of "best interest of the child" and "equity."

You're unlikely to get fam law- it was just tested in feb. 2017 and we had a best interests of the child issue, I'd focus more on other topics, especially bc fam law is easy to "BS" but wills/trusts is not! Good luck

[runthetrap1990]

Trust and Wills is what is giving me the creeps. So many nuanced rules that don't quite mesh with everything else we've learned (as opposed to say, Agency/Partnership/Corporations all having that common thread of agency law connecting them).

Family law will ultimately be a word vomit of "best interest of the child" and "equity."

You're unlikely to get fam law- it was just tested in feb. 2017 and we had a best interests of the child issue, I'd focus more on other topics, especially bc fam law is easy to "BS" but wills/trusts is not! Good luck

How lenient/strict do you think graders are with respect to the essays. For stuff like Wills/Trusts, which have very particular sets of rules that can often determine an outcome (as opposed to an equity balancing approach like FamLaw), can you get away with having a broader grasp of the overall law landscape without all the nitty gritty details that can make a difference?

e: to follow up - more specifically, how strictly do they adhere to getting specific vocabulary down vs. having the general concept/idea on paper.

[cnk1220]

Trust and Wills is what is giving me the creeps. So many nuanced rules that don't quite mesh with everything else we've learned (as opposed to say, Agency/Partnership/Corporations all having that common thread of agency law connecting them).

Family law will ultimately be a word vomit of "best interest of the child" and "equity."

You're unlikely to get fam law- it was just tested in feb. 2017 and we had a best interests of the child issue, I'd focus more on other topics, especially bc fam law is easy to "BS" but wills/trusts is not! Good luck

How lenient/strict do you think graders are with respect to the essays. For stuff like Wills/Trusts, which have very particular sets of rules that can often determine an outcome (as opposed to an equity balancing approach like FamLaw), can you get away with having a broader grasp of the overall law landscape without all the nitty gritty details that can make a difference?

e: to follow up - more specifically, how strictly do they adhere to getting specific vocabulary down vs. having the general concept/idea on paper.

Honestly- I think it's important to know some of the buzz words in the rules verbatim especially with complex issues that appear in trusts and wills, so you can rack up some points by hitting those buzz words in the rule in case you're not sure exactly what's going on (this happened to me in trusts with power of appt, but I knew some key words from the rule I jotted down and then applied it to the facts).

The graders are reading a lot of essays so make yours stand out by having key word rule statements (ex: duty of care in corps: mention "acting in good faith, honest basis in the best interests of the corporation") and then applying those facts to each element in your rule.

[runthetrap1990]

Trust and Wills is what is giving me the creeps. So many nuanced rules that don't quite mesh with everything else we've learned (as opposed to say, Agency/Partnership/Corporations all having that common thread of agency law connecting them).

Family law will ultimately be a word vomit of "best interest of the child" and "equity."

You're unlikely to get fam law- it was just tested in feb. 2017 and we had a best interests of the child issue, I'd focus more on other topics, especially bc fam law is easy to "BS" but wills/trusts is not! Good luck

How lenient/strict do you think graders are with respect to the essays. For stuff like Wills/Trusts, which have very particular sets of rules that can often determine an outcome (as opposed to an equity balancing approach like FamLaw), can you get away with having a broader grasp of the overall law landscape without all the nitty gritty details that can make a difference?

e: to follow up - more specifically, how strictly do they adhere to getting specific vocabulary down vs. having the general concept/idea on paper.

Honestly- I think it's important to know some of the buzz words in the rules verbatim especially with complex issues that appear in trusts and wills, so you can rack up some points by hitting those buzz words in the rule in case you're not sure exactly what's going on (this happened to me in trusts with power of appt, but I knew some key words from the rule I jotted down and then applied it to the facts).

The graders are reading a lot of essays so make yours stand out by having key word rule statements (ex: duty of care in corps: mention "acting in good faith, honest basis in the best interests of the corporation") and then applying those facts to each element in your rule.

Gotcha - Good to know. It's tough keeping it all straight on top of the MBE prep, but hopefully I can cram enough in in the next few days.

[Brian_Wildcat]

"id like to see those judge strung up. If some one will give me a rope i'll go do it my self"

BarBri logic: That isn't a true threat of immediate harm.

[EzraFitz]

"id like to see those judge strung up. If some one will give me a rope i'll go do it my self"

BarBri logic: That isn't a true threat of immediate harm.

While this one annoyed me a little (and I got it wrong for the same reason), I do see how that it would be very unlikely that someone would actually consider what he said a threat against the judges. If he had said "I'd like to see those judges strung up, and I'll give $10,000 to anyone who does it", that would be much more apparent.

[MrWhitman]

Dear Lord! Property MPQ Set 6 is a slog. I'm not sure how I got anything correct.

[RDA2930]

Can anyone explain the difference between an irrevocable license (license coupled with an interest) and a profit easement?

Question 11 on Property Set 6 really doesn't make sense to me. What language in an agreement will make an irrevocable license/license coupled with an interest versus a profit easement? They seem like the same thing to me. I thought the whole analysis between license and profit/easement was that licenses are revocable at will; if a license is irrevocable, doesn't that just make it a profit/easement? Edit: Does it have something to do with whether it is written or not?

[cricketlove00]

Dear Lord! Property MPQ Set 6 is a slog. I'm not sure how I got anything correct.

I got a 33 percent. Lowest I've ever done. I think partly it was because every question was over three paragraphs long and I've stopped trying to succeed at property.