BarBri Bar Review Hangout - July 2015 Exam Forum

[Redamon1]

Did you all have the Half-Day MBE assigned to you in the PSP? I see the thing in my book now, and I get that it's different from the Simulated MBE and the Refresher (both of which I've done) but I don't see the Half-Day on my PSP. So is it just extra stuff for practice whenever we feel like taking it? Given how much Barbri relies on curveball questioning to teach rules, I guess I'm wondering how important it is to fit this in with so few days left... TYIA

It wasn't part of my PSP but I did it. I'm in 50% MBE state (also full UBE) so MBE questions are very important to me. You may not want to spend time on it if you're in a state that heavily tests state laws on essays.

Thanks. Taking in CA. So MBE matters, but I'm feeling pressure to get on top of those state essays...

[Good Guy Gaud]

Did you all have the Half-Day MBE assigned to you in the PSP? I see the thing in my book now, and I get that it's different from the Simulated MBE and the Refresher (both of which I've done) but I don't see the Half-Day on my PSP. So is it just extra stuff for practice whenever we feel like taking it? Given how much Barbri relies on curveball questioning to teach rules, I guess I'm wondering how important it is to fit this in with so few days left... TYIA

It wasn't part of my PSP but I did it. I'm in 50% MBE state (also full UBE) so MBE questions are very important to me. You may not want to spend time on it if you're in a state that heavily tests state laws on essays.

Thanks. Taking in CA. So MBE matters, but I'm feeling pressure to get on top of those state essays...

Gotcha. Yea, I mean it's nice practice and all, but in CA you've got essays to worry about. Maybe save it for a time when you're burnt out on essays?

[RaleighStClair]

I can't take any more emotional beatdowns with insane MBE questions. I'm just doing mixed sets, subject-specific sets (in the additional questions section), and outlining/reading over essays until the exam.

I think tapering down the intensity of things on Sunday and Monday is going to be pretty important too. At a certain point we need to let our brains rest and absorb all this info (...that's how it works, right?).

[Kage3212]

Yeah, here in PA (45% MBE) it was not assigned. But I figured that as I have spent the entire day doing MBEs, I might as well see how I could perform going nice and slow through this thing. I need to dedicate some serious time tomorrow learning Corps and PA DUI law (despite DUI law being tested like twice).

[kyle010723]

I can't take any more emotional beatdowns with insane MBE questions. I'm just doing mixed sets, subject-specific sets (in the additional questions section), and outlining/reading over essays until the exam.

I think tapering down the intensity of things on Sunday and Monday is going to be pretty important too. At a certain point we need to let our brains rest and absorb all this info (...that's how it works, right?).

You plan on studying on Monday?!

[RaleighStClair]

I can't take any more emotional beatdowns with insane MBE questions. I'm just doing mixed sets, subject-specific sets (in the additional questions section), and outlining/reading over essays until the exam.

I think tapering down the intensity of things on Sunday and Monday is going to be pretty important too. At a certain point we need to let our brains rest and absorb all this info (...that's how it works, right?).

You plan on studying on Monday?!

Haha I dunno. I'm making a running list of rules that I tend to forget; I thought I would just passively look over those while watching TV or something. Not planning on studying really.

[brotherdarkness]

Whether my essay is passing or failing is completely dependent on what the essay question is. Total luck of the draw. I know some stuff well, other stuff less well.

Is this normal? No one knows all this stuff -- especially the state shit -- right?

[jamescastle]

Whether my essay is passing or failing is completely dependent on what the essay question is. Total luck of the draw. I know some stuff well, other stuff less well.

Is this normal? No one knows all this stuff -- especially the state shit -- right?

That's me. I looked at two corporations essays today and one left me completely blank and one I felt like I could have nailed completely. This is despite both being relatively close to each other in terms of what they were testing (they were both over shareholder rights in not-too-dissimilar situations).
So, yeah. Dunno what to do.

[Kage3212]

Keep in mind to you don't have to nail every aspect of the essays to get a passing answer on each one. Essays in PA are 20 points each and 12 points per essay is considered passing. Thus, the bar examiners apparently expect you to know at the bare minimum a little over half. Making up a reasonable rule for issues you don't know, and applying that rule, probably will net some points even if you don't know what the true result should be.

[xChiTowNx]

Had a dream/nightmare that bar results came out and I passed but something felt off about it... like everything seemed too perfect... then I woke up and couldn't get back to bed.

Did a mixed set at 5am and got 35/50 after doing not so well on the refresher.

[Hutz_and_Goodman]

Why is today's inspirational quote from someone whose son failed the NY bar twice?

[kmp127]

55-58% correct on mixed sets at this point. 56.5% correct on full mbe last week.

Essays I'll nail half, I'll bomb half.

Do I have a shot at all at passing this thing? in a 40%mee/40%mbe state - TX

[cmc_jd]

Hi people. I've been on this forum since bar prep has started and I've always been too lazy to register. Better late than never huh? Anyways I'm taking the Ohio bar. MBE is worth 33% MPT worth 17% Essays worth 50%

I see a lot of people ask about stats so here are mine. Barbri Simulated MBE: 125/200 66th percentile, Barbri Refresher: 61/100, Barbri Half-Day: 68/100

[DportIA]

For those that did this half day exam, how did you fare? Just did the first 25 questions and am getting rocked.

I had 125 on Sim & got 57/100 on Half-Day. Or, slaughtered.

Average is 60. So not too bad really.

Yeah. Just getting 43 wrong is always a drag on confidence.

[ArmyOfficer]

Hi people. I've been on this forum since bar prep has started and I've always been too lazy to register. Better late than never huh? Anyways I'm taking the Ohio bar. MBE is worth 33% MPT worth 17% Essays worth 50%

I see a lot of people ask about stats so here are mine. Barbri Simulated MBE: 125/200 66th percentile, Barbri Refresher: 61/100, Barbri Half-Day: 68/100

How are your essays? Between MPT and State Essays they are worth 67%.

[cmc_jd]

Hi people. I've been on this forum since bar prep has started and I've always been too lazy to register. Better late than never huh? Anyways I'm taking the Ohio bar. MBE is worth 33% MPT worth 17% Essays worth 50%

I see a lot of people ask about stats so here are mine. Barbri Simulated MBE: 125/200 66th percentile, Barbri Refresher: 61/100, Barbri Half-Day: 68/100

How are your essays? Between MPT and State Essays they are worth 67%.

As in how am I doing on my essays? In Ohio, our essays are graded out of 7 points with 7 being the highest you can get. A passing essay is a "4." I've submitted all of the Barbri graded essays and I've gotten 4's and 5's. There are 12 essays on the Ohio bar. Only 11 subjects tested (1 of the 12 will be a repeat subject but of course we don't know what subject will be repeated. Last Feb the examiners gave both a secured essay and a commercial paper essay. Last July it was double torts). Any of the 12 can be on either torts, contracts, corporations or agency or partnership, crim law or crim pro, wills, secured or commercial paper, professional responsibility, property, evidence, civ pro, and con law.

[kyle010723]

55-58% correct on mixed sets at this point. 56.5% correct on full mbe last week.

Essays I'll nail half, I'll bomb half.

Do I have a shot at all at passing this thing? in a 40%mee/40%mbe state - TX

Yes, in all likelihood you'll probably pass.

[kmp127]

55-58% correct on mixed sets at this point. 56.5% correct on full mbe last week.

Essays I'll nail half, I'll bomb half.

Do I have a shot at all at passing this thing? in a 40%mee/40%mbe state - TX

Yes, in all likelihood you'll probably pass.

i love you

[kyle010723]

55-58% correct on mixed sets at this point. 56.5% correct on full mbe last week.

Essays I'll nail half, I'll bomb half.

Do I have a shot at all at passing this thing? in a 40%mee/40%mbe state - TX

Yes, in all likelihood you'll probably pass.

i love you

It's easy to lose sight of the big picture, but the reality is most of us on here will most likely pass.

[kyle010723]

Haha I dunno. I'm making a running list of rules that I tend to forget; I thought I would just passively look over those while watching TV or something. Not planning on studying really.

My study plan for Monday: place the CMR under a pillow and sleep on it.

[Good Guy Gaud]

Barely more than a week until we are all free!!

[trustmouse83]

55-58% correct on mixed sets at this point. 56.5% correct on full mbe last week.

Essays I'll nail half, I'll bomb half.

Do I have a shot at all at passing this thing? in a 40%mee/40%mbe state - TX

Yes, in all likelihood you'll probably pass.

i love you

It's easy to lose sight of the big picture, but the reality is most of us on here will most likely pass.

My odds are terrible. I'm a foreign repeater. I won't say how many times I failed before until the results come out!

[charlesxavier]

Hi people. I've been on this forum since bar prep has started and I've always been too lazy to register. Better late than never huh? Anyways I'm taking the Ohio bar. MBE is worth 33% MPT worth 17% Essays worth 50%

I see a lot of people ask about stats so here are mine. Barbri Simulated MBE: 125/200 66th percentile, Barbri Refresher: 61/100, Barbri Half-Day: 68/100

I don't know where you went to school but our bar counselor sent out an answer that got a 3.5. Figured I'd summarize for any Ohio takers who didn't see it.

It was not organized well and hit maybe 1/2 the issues. It was a dormant commerce clause question and they didn't mention the market participant exception or the substantial nexus requirement for non-discriminatory tax. There were 3 parts to the question and those two rules had a decent impact on 2 of them. Honestly, if it was more organized it probably would have passed despite its legal shortcomings.

[kyle010723]

My odds are terrible. I'm a foreign repeater. I won't say how many times I failed before until the results come out!

Foreign as in you didn't attend a law school in the States? Or foreign as in you're not from here but attended a law school here? But hey, maybe this time is your time to pass!

[xlawschoolhopefulx]

Sorry for the big pictures. Idk how to fix so whatever.

Anyway that appears to be creating the right of re-entry in the third party without magic words. But the lecture notes say that you must say "has the right to re-enter."

ETA -- Am I violating copyright laws by posting these pics? Fuck. I'll take it down shortly. For ppl with Barbri books, this is Real Property Set 1 Question 8.

There's no "right of re-entry" in a third party. That's an executory interest.

Okay so if the condition subsequent is in a third party (i.e., executory), then no magic words. But if it's in the grantor, then magic words?

Not exactly. The condition subsequent isn't "in a party." It's just a condition that will cause the interest to shift somehow. The question is who does it shift to? If it shifts to a third party, then the third party's interest is called an "executory interest." By definition, that interest wouldn't exist unless you used some words to express it (i.e., "but if . . . . . , then to B"). If it shifts back to the grantor, it's a right of re-entry. The question is whether there will be a right of re-entry if the grant doesn't expressly say so. Barbri seems to say no; you have to expressly reserve it in the grant. If you don't, then the court is left to figure out how to construe the grant. For example: "To A, provided that A never serves coffee on the premises." Is it merely precatory language that the court will strike, giving A a fee simple? Or the court may construe it as a covenant not to serve coffee on the premises, etc. But, at least according to Barbri's outline and Franzese's lecture, the court will not imply a right of re-entry in the grantor.

Now I'm confusing myself reading these comments.

Let's say the grant is "To A, provided that A never serves coffee on the premises." Would this violate RAP, since presumably coffee could be served on the premises for 50+ years and then suddenly they stop serving it? If so, couldn't it never be anything other than a FS to A, even if it expressly grants an executory interest in a third party or a right of reentry in the grantor? What am I missing?