Themis Bar Review Hangout - July 2014 Exam Forum

[bport hopeful]

Just checking in on the MBE drop. Dropped 10% on set 10. This has happened to enough of us that I think we shouldn't stress it too much, though I flipped out at the time.

On a lighter note, whats everyone snacking on mid test?

[Xifeng]

On a lighter note, whats everyone snacking on mid test?

I need to decide this and go shopping today. Also, I'm pretty sure I've decided to look like a homeless yoga person on test day.

And wandering the streets on Tuesday morning with a laptop not in a case, a charger, and a gallon ziploc bag trying to find the test center without my phone is going to be a great joy.

[northwood]

Just checking in on the MBE drop. Dropped 10% on set 10. This has happened to enough of us that I think we shouldn't stress it too much, though I flipped out at the time.

On a lighter note, whats everyone snacking on mid test?

peanut butter sandwhich

[TooManyLoans]

Just checking in on the MBE drop. Dropped 10% on set 10. This has happened to enough of us that I think we shouldn't stress it too much, though I flipped out at the time.

On a lighter note, whats everyone snacking on mid test?

peanut butter sandwhich

Are you guys talking about lunch? Or will you actually be eating a PB sandwich during the test?

[Tanicius]

I'm not stressing I swear. I just think Themis really needs to ask questions with answer choices that actually make sense.

The plaintiff, an unmarried female, was prominent in the women's liberation movement. She recently gave birth to a baby and publicly announced that she had no intention of marrying the father or disclosing his identity. The local newspaper decided to do a series of articles on the plaintiff entitled "The Perils of the Plaintiff."
The first article about the plaintiff discussed her parents. The article correctly stated that her mother had died recently and her father is still living. The article referred to the fact that at the time of the plaintiff's birth there were rumors that she had been born six months after the marriage of her mother and father, that her father was not in fact her father, and that another man, who had played minor roles in two motion pictures, was her real father. The man has lived in retirement for the last ten years.
If the plaintiff asserts a claim based on invasion of privacy against the newspaper for the statements in the first article about her birth and it is established that the statements are true, the most likely result is that the plaintiff will
A. Not prevail, because truth is a complete defense.
B. Not prevail, because of her announcement concerning the birth of her own child.
C. Prevail, because the statements hold her up to ridicule and contempt.
D. Prevail, because the statements are embarrassing to her.

Incorrect: Answer choice B is correct.

That is like the least applicable answer choice available.

Why is it the correct choice? Because:

An action for the invasion of privacy based on the public disclosure of private facts is grounded in the disclosure of truthful information about the plaintiff that is not of legitimate concern to the public and that a reasonable person would find highly offensive. While the standard is objective (i.e., a reasonable person standard) rather than subjective (i.e., the disclosure is highly offensive to the plaintiff), the facts indicate that the plaintiff is not highly offended by the characterization of her own child as illegitimate. This suggests that, by modern standards, a reasonable person would not find the revelation highly offensive.

That explanation makes literally no sense. I am dumber for having read that now.

Because the other three answer choices are clearly wrong, answer choice B is best choice.

In Soviet Russia, Answer Choice B best you!

[champ33]

On a lighter note, whats everyone snacking on mid test?

I need to decide this and go shopping today. Also, I'm pretty sure I've decided to look like a homeless yoga person on test day.

And wandering the streets on Tuesday morning with a laptop not in a case, a charger, and a gallon ziploc bag trying to find the test center without my phone is going to be a great joy.

I'm going cliff bars. As for the laptop case problem, NY let's use bring hoodies if the hood is tucked in. Might want to try this:

http://www.youtube.com/watch?v=sNiP953SCOg

[Prime]

Kinda glad that the Houston testing location is pretty easy to spot. Pretty much right across the street from where the Rockets play. The February bar in Houston was out in the middle of nowhere

[Xifeng]

On a lighter note, whats everyone snacking on mid test?

I need to decide this and go shopping today. Also, I'm pretty sure I've decided to look like a homeless yoga person on test day.

And wandering the streets on Tuesday morning with a laptop not in a case, a charger, and a gallon ziploc bag trying to find the test center without my phone is going to be a great joy.

I'm going cliff bars. As for the laptop case problem, NY let's use bring hoodies if the hood is tucked in. Might want to try this:

http://www.youtube.com/watch?v=sNiP953SCOg

Hahaha amazing. Where does it say that about hoodies? I've been debating if a hoodie counts as a "jacket" for way too long.

[numbertwo88]

Doing every single one of these practice essays is such a task.

Does anyone know if we'll have access to the course once the bar exam starts? I may want to review essays Wednesday night so I just want to know if I should kill yet another tree by printing everything beforehand.

I know they say you should take the "day off" while the exam is on but that isn't how I operated in law school and that isn't how I'm about to operate now given the stakes of this fucking horrible exam that I'd sooner jump off of a cliff into a ditch full of knives than take it again.

The nerves are already setting in! I can't wait for this to be over with.

[blue920]

Doing every single one of these practice essays is such a task.

Does anyone know if we'll have access to the course once the bar exam starts? I may want to review essays Wednesday night so I just want to know if I should kill yet another tree by printing everything beforehand.

I know they say you should take the "day off" while the exam is on but that isn't how I operated in law school and that isn't how I'm about to operate now given the stakes of this fucking horrible exam that I'd sooner jump off of a cliff into a ditch full of knives than take it again.

The nerves are already setting in! I can't wait for this to be over with.

I'm pretty sure we have access through July 31st.

[numbertwo88]

Doing every single one of these practice essays is such a task.

Does anyone know if we'll have access to the course once the bar exam starts? I may want to review essays Wednesday night so I just want to know if I should kill yet another tree by printing everything beforehand.

I know they say you should take the "day off" while the exam is on but that isn't how I operated in law school and that isn't how I'm about to operate now given the stakes of this fucking horrible exam that I'd sooner jump off of a cliff into a ditch full of knives than take it again.

The nerves are already setting in! I can't wait for this to be over with.

I'm pretty sure we have access through July 31st.

Thanks!

[j1987]

Just checking in on the MBE drop. Dropped 10% on set 10. This has happened to enough of us that I think we shouldn't stress it too much, though I flipped out at the time.

On a lighter note, whats everyone snacking on mid test?

For everyone who experienced a drop in their MBE score doing the later Themis PQs:

This is an email from a Themis rep.

"Don't worry, this is normal. They get harder as you go, intentionally.

You should stop doing so many PQs at this point and just review and memorize the black letter law. Quit at some point on Monday and just chill out and get prepared (ziploc bag of contents, etc).

You have worked hard and should feel eager to "show off" your knowledge. You will rock this! Let me know if you need anything else."

[puttycake]

Is anyone taking the CA Bar in Pasadena and driving there from your house rather than getting a hotel, or I guess this applies to everyone, regardless of where they're taking it? I always planned on just getting up early and driving there from my house, but everyone I know freaked me out with their "you need to be walking distance, no more than 5 mins walking on foot, must get a hotel!!!!!." I live 21 miles away (about 30 mins w/out traffic), but I am coming from West LA. I figure If I wake up super early, like 5am, I should be there with plenty of time (like 2 hours early) and avoid traffic. About a month ago, my friend who lives 5 mins away from the convention center did tell me that he would let me stay at his house during the bar, but like all good unenforceable contracts, he breached (Damn family reunions lol) and I am left remedy-less. This is not risky right? It's just law student/bar exam induced paranoia right? I mean at this point it's either stay at my house (wake up early-which I probably would do anyway), pay $300/night for a decent hotel, or $60-80/ for an almost certain bed bug infested motel.

I read that to my husband and he cringed. He thinks you have to leave your house no later than 6 and you can't get unlucky.

It would make me nervous, but I get nervous about that sort of thing.

[Tanicius]

Just checking in on the MBE drop. Dropped 10% on set 10. This has happened to enough of us that I think we shouldn't stress it too much, though I flipped out at the time.

On a lighter note, whats everyone snacking on mid test?

For everyone who experienced a drop in their MBE score doing the later Themis PQs:

This is an email from a Themis rep.

"Don't worry, this is normal. They get harder as you go, intentionally.

You should stop doing so many PQs at this point and just review and memorize the black letter law. Quit at some point on Monday and just chill out and get prepared (ziploc bag of contents, etc).

You have worked hard and should feel eager to "show off" your knowledge. You will rock this! Let me know if you need anything else."

That's good to hear. I got that sense, and I wonder if it's why they've been intentionally repeating a lot of weird questions with more advanced applications of Miranda, Sixth Amendment counsel rights, third party beneficiaries, landsale disputes, etc.

[Gopackgo2010]

Is anyone taking the CA Bar in Pasadena and driving there from your house rather than getting a hotel, or I guess this applies to everyone, regardless of where they're taking it? I always planned on just getting up early and driving there from my house, but everyone I know freaked me out with their "you need to be walking distance, no more than 5 mins walking on foot, must get a hotel!!!!!." I live 21 miles away (about 30 mins w/out traffic), but I am coming from West LA. I figure If I wake up super early, like 5am, I should be there with plenty of time (like 2 hours early) and avoid traffic. About a month ago, my friend who lives 5 mins away from the convention center did tell me that he would let me stay at his house during the bar, but like all good unenforceable contracts, he breached (Damn family reunions lol) and I am left remedy-less. This is not risky right? It's just law student/bar exam induced paranoia right? I mean at this point it's either stay at my house (wake up early-which I probably would do anyway), pay $300/night for a decent hotel, or $60-80/ for an almost certain bed bug infested motel.

I read that to my husband and he cringed. He thinks you have to leave your house no later than 6 and you can't get unlucky.

It would make me nervous, but I get nervous about that sort of thing.

Lol. I'm Jewish so I'm well versed in neurotic nervousness, comes with the territory haha. I was thinking out the door by 5:30 am, and, If I do that, I can't really see how it could possibly take 2:30 hours to go 21 miles. But, that is exactly the type of thing I usually say before something goes horribly wrong.

[champ33]

Quick question: does the doctrine of exoneration provide that anyone receiving property that has a mortgage on it has the right to have the debt paid from the residuary of the estate? The summary property outline says that exoneration applies only if specifically stated in the will, whereas I am seeing MBE answer explanations saying the right is automatic.

[kapital98]

I don't get this question. I thought the President could choose not to spend federal expenditures unless Congress expressly says he must. What am I missing?

Question 26 - Constitutional Law - Separation of Powers

You answered C. The correct answer is B.

The question was:
Congress enacted a statute that authorized the construction of a monument commemorating the role of the United States in liberating a particular foreign nation during World War II. Another statute appropriated $3 million for the construction. When the United States became involved in a bitter trade dispute with the foreign nation, the President announced that he was canceling the monument's construction and that he would not spend the appropriated funds. Although the actual reason for the President's decision was the trade dispute, the announcement stated that the reason was an unexpected rise in the federal deficit.

Assume that no other statutes apply.

Is the President's decision constitutional?

A. No, because the President failed to invoke his foreign affairs powers in his announcement.
B. No, because the President is obligated to spend funds in accordance with congressional directions.
C. Yes, because the President is vested with inherent executive power to control federal expenditures.
D. Yes, because the President's decision is a valid exercise of his foreign affairs powers.

The explanation for the answer is:


B is correct. The President's decision is unconstitutional, because Article II of the Constitution obligates the President to take care that the laws are faithfully executed. Because the appropriations statute is a valid exercise of Congress's spending power, the President must abide by the requirements of the statute.

C is incorrect. The Constitution does not give the President power to control federal expenditures by refusing to authorize spending directed by Congress. The President's decision is unconstitutional, because Article II of the Constitution obligates the President to take care that the laws are faithfully executed. Because the appropriations statute is a valid exercise of Congress's spending power, the President must abide by the requirements of the statute.

[numbertwo88]

I don't get this question. I thought the President could choose not to spend federal expenditures unless Congress expressly says he must. What am I missing?

Question 26 - Constitutional Law - Separation of Powers

The question was:
Congress enacted a statute that authorized the construction of a monument commemorating the role of the United States in liberating a particular foreign nation during World War II. Another statute appropriated $3 million for the construction. When the United States became involved in a bitter trade dispute with the foreign nation, the President announced that he was canceling the monument's construction and that he would not spend the appropriated funds. Although the actual reason for the President's decision was the trade dispute, the announcement stated that the reason was an unexpected rise in the federal deficit.

Congress was saying the funds had to be spent for the monument - they provided $3 million for its construction and the president cannot go against that.

[kapital98]

I don't get this question. I thought the President could choose not to spend federal expenditures unless Congress expressly says he must. What am I missing?

Question 26 - Constitutional Law - Separation of Powers

The question was:
Congress enacted a statute that authorized the construction of a monument commemorating the role of the United States in liberating a particular foreign nation during World War II. Another statute appropriated $3 million for the construction. When the United States became involved in a bitter trade dispute with the foreign nation, the President announced that he was canceling the monument's construction and that he would not spend the appropriated funds. Although the actual reason for the President's decision was the trade dispute, the announcement stated that the reason was an unexpected rise in the federal deficit.

Congress was saying the funds had to be spent for the monument - they provided $3 million for its construction and the president cannot go against that.

I guess I get it? If they say, "Spend $3 million on education" that's an example of something the President could choose not to spend the money on but if they say, "Spend $3 million on a new school located at X", then the President would be forced to use the money?

[blue920]

Quick question: does the doctrine of exoneration provide that anyone receiving property that has a mortgage on it has the right to have the debt paid from the residuary of the estate? The summary property outline says that exoneration applies only if specifically stated in the will, whereas I am seeing MBE answer explanations saying the right is automatic.

I remember this, because I got it wrong way back on real property question set #3. This was the question:

Question
A widow executes a will in which she leaves her house to her son and the remainder of her estate to her daughter. The house is subject to a purchase money mortgage, the unpaid portion of which is nearly equal to the value of the residuary estate. The son demands that the personal representative of the estate use the residuary estate to pay off the mortgage. The will contains a general provision for the payment of all the testator's debts, but not a specific provision authorizing the payment of the outstanding balance of the mortgage. Should the personal representative accede to the son's demand?

Answers
Yes, because the son has a right to the exoneration of the mortgage.
Yes, because the will contains a general provision for the payment of the testator's debts.
No, because the doctrine of satisfaction does not apply to a specific devise.
No, because the mortgage is a purchase-money mortgage.

Rationale:
Answer choice A is correct. The devisee of real property is entitled under the doctrine of exoneration of liens to have any outstanding balance of a mortgage or other encumbrance on the property to be paid from the remaining assets of the testator's estate. Answer choice B is incorrect because a general provision that requires the payment of a testator's debts does not require the personal representative of the estate to pay off any mortgages or other encumbrances on real property of the testator. Answer choice C is incorrect because the doctrine of satisfaction refers to the receipt of a gift from the testator prior to death that satisfies a devise made by the testator in the testator's will. Answer choice D is incorrect because the doctrine of exoneration of liens applies to all encumbrances, not just purchase-money mortgages.

And from the Themis outline:

Under the common-law exoneration of liens doctrine, if a testator makes a specific devise of real property that is subject to an encumbrance, such as a mortgage or a lien, the devisee is entitled to have the land “exonerated” by payment of the encumbrance from the remaining assets in the testator’s estate. Many states have abolished this doctrine. In such states, the property passes subject to the encumbrance unless the will specifically requires payment of the encumbrance.

So I would say that exoneration does apply for the MBE, but state-specific law could abolish this and only permit exoneration if expressly stated in the will. And I'm not seeing that in the general real property summary outline - where do you see that stated?

EDIT: It does say that "specific devisee of encumbered real property entitled to have mortgage on property paid from estate only if T’s intent to do so is clear in will" on the NY wills summary outline, so I'm wondering if you're looking at state-specific materials.

[bkenney2]

For those debating the difficulty of the later MBE PQs. I have finished all but one (saving it for tomorrow). And they get noticeably more difficult as you move on. I just finished 17 and there were some questions testing the most intricate concepts and providing some of the worst collections of answers possible. Though they have been getting more difficult, I have found that my scores remain consistent overall (between 72-78), but varying greatly in subject categories (i.e. one test I'll get a 100% in contracts, the next I'll get a 50%).

On a side note: if Themis makes the later PQs more difficult on purpose as someone said, I think this is a flawed method. People are generally doing those groups of questions closer to the actual exam so (1) it is likely to add stress at a time where the tester no longer benefits from stress, and (2) those questions force you to review topics that will likely not be covered on the actual exam, and if they are covered they will not be in great detail, thus taking valuable time away from worthwhile review on topics that one should be more familiar with in order to get the major concepts worth the substantial amount of points on game day.

[champ33]

blue920 - Yep I was looking at the Wills material. I think your explanation is perfect - exoneration presumed on MBE but only if specifically stated in NY. Thank you.

[Lasers]

Just checking in on the MBE drop. Dropped 10% on set 10. This has happened to enough of us that I think we shouldn't stress it too much, though I flipped out at the time.

On a lighter note, whats everyone snacking on mid test?

peanut butter sandwhich

Are you guys talking about lunch? Or will you actually be eating a PB sandwich during the test?

my lunch: banana + fruit energy bar + water.

i've been eating one meal a day for a while now, though, so that's more than i usually eat.

[Lasers]

For those debating the difficulty of the later MBE PQs. I have finished all but one (saving it for tomorrow). And they get noticeably more difficult as you move on. I just finished 17 and there were some questions testing the most intricate concepts and providing some of the worst collections of answers possible. Though they have been getting more difficult, I have found that my scores remain consistent overall (between 72-78), but varying greatly in subject categories (i.e. one test I'll get a 100% in contracts, the next I'll get a 50%).

On a side note: if Themis makes the later PQs more difficult on purpose as someone said, I think this is a flawed method. People are generally doing those groups of questions closer to the actual exam so (1) it is likely to add stress at a time where the tester no longer benefits from stress, and (2) those questions force you to review topics that will likely not be covered on the actual exam, and if they are covered they will not be in great detail, thus taking valuable time away from worthwhile review on topics that one should be more familiar with in order to get the major concepts worth the substantial amount of points on game day.

i agree. they should probably mix it up a bit better. focusing on the little details that you got wrong in the later sections probably won't help you nearly as much as completely nailing the broader concepts.

i only did 1 or 2 of the later sets and instead moved to some barbri (which are similarly and maybe needlessly tricky), and official NCBE questions.

[Xifeng]

Missing more questions now makes me anxious. Themis shouldn't toy with my emotional stability right now...

Also this is so true: http://notthatbar.tumblr.com/post/93032 ... e-question