Themis Bar Review Hangout - July 2015 Exam Forum

[sd5289]

These final days feel WEIRD.

Yup. And it's not a good weird.

Someone tell me to actually review my outlines. All I want to do is watch Netflix...

I've reviewed the Crim Pro and Crim Law outlines and NY distinctions and am now about to write the corresponding practice essay. The only reason is because I'm taking tomorrow entirely off.

WE CAN DO THIS.

[zot1]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

Keep in mind some essays combine subjects

[eloise16]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

JEALOUS! We have 10 different essays plus an MPT.

[Underoath]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

Keep in mind some essays combine subjects

and that my friend...is what is killing me

[Peanut666]

Long time lurker here and freaking out about the next few days, this board has been the most helpful thing to read so far btw.

For NY, I need advice: I've totally put off doing anything in regards to Secured Transactions and Admin Law, never took them in school, and got to them too late to really care. Are they worth trying to cram into my head over the next day or likely not going to be worth giving up time for to review other subjects? Are there certain pts for those subjects that I should just focus on and hope that's all they ask about?

I'm so over this test, I honestly feel I barely care anymore about the results, I just want to be done with it and sleep a few days straight.

Admin I would be careful with, this will be the second exam since it was added and it didn't show up on the first one so I think it's a pretty good shot this time.

Sec. Transactions has shown up on 6 out of 212 essays so if you like those odds feel free to not look at it.

I agree about Admin since it wasn't on the last one, which was the first time they would have tested on it. I'd spend more time on Admin (specifically the rule-making vs adjudicative hearing distinction, the notice and open comment requirements for rule-making, administrative investigatory and subpoena procedures, and the due process rights a person has at adjudicative hearings).

As far as Sec. Transactions go, I'd just focus on attachment of a security interest and perfection (filing financing statement after executing a security agreement with the debtor, or if you if you don't have one of those, with the permission of the debtor). Also the purchase money security interest ("PMSI"), which automatically attaches even without a security agreement.

Awesome, thanks for your help! At least going by Themis practice MC questions it does seem like Admin gets asked about more than Sec Transactions so I'll try to review that stuff today and hope it sticks!

[anon sequitur]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

JEALOUS! We have 10 different essays plus an MPT.

I would much rather do 10 than 6, assuming total time remains the same. With only around 36 minutes per essay, they can't really expect more than a cursory analysis in depth analysis, especially when they break up each essay into 3 or 4 sub questions.

[Peanut666]

NY people - I made a 4-page handwritten chart of FRCP v. CPLR timing stuff; some of it is rather incomprehensible because of my writing/organization, but hopefully it's helpful. I had to take pictures with my phone because my scanner doesn't work...

Page 1: https://www.dropbox.com/s/7a6ut8ax29wlo ... 2.jpg?dl=0

Page 2: https://www.dropbox.com/s/sb5ki1xy89hhp ... 2.jpg?dl=0

Page 3: https://www.dropbox.com/s/vcumybffuibow ... 9.jpg?dl=0

Page 4: https://www.dropbox.com/s/lx43qfca4dbte ... 8.jpg?dl=0

This is really helpful, thanks for sharing it!

[zot1]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

Keep in mind some essays combine subjects

and that my friend...is what is killing me

Then it sounds like you should be able to use self-defense

[zot1]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

Keep in mind some essays combine subjects

and that my friend...is what is killing me

Then it sounds like you should be able to use self-defense

I think I've hit rock bottom.

[zor]

Question about the vehicle exception to the warrant requirement. Under the common law/multistate, assuming the suspect is no longer within wingspan/reaching distance of the car, a cop only need reasonable suspicion that a weapon or evidence of the crime of arrest will be found within the vehicle to go rummaging around, right? And this includes locked containers/compartments like a glove compartment or lock box?

And in NY, the cop needs probable cause to do the same. Is that right?

I just got a NY distinctions essay that's confusing me.

[gr8scOtt!]

Can anyone summarize conflicts of interest in PR? Current clients, prospective clients, imputation, etc. In just a couple of sentences?

I keep looking at my notes and my eyes just glaze over, so it's not really sticking in my head

[sd5289]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

Keep in mind some essays combine subjects

and that my friend...is what is killing me

Then it sounds like you should be able to use self-defense

I think I've hit rock bottom.

And I LOL'd so I think we're all there.

As for the essay combination discussion above, for NY at least I've noticed the following common combinations on the PQ's:

- Crim Law / Crim Pro / (sometimes) Evidence (most obvious combo in my mind, but maybe that's just because it's my field)
- Fam Law / Property / K's
- Fam Law / Wills
- Wills / Trusts (also an obvious combination to me)
- Corps / K's / (sometimes) Sec. Transactions
- Torts / (sometimes) NY SOL's / (sometimes) No-Fault Insurance

I've found Professional Responsibility and NY Practice sprinkled throughout as well. That's all I can think of off the top of my head.

[lameslice57]

What are the requirements for an easement to run against a subsequent purchaser of a servient estate? Do we have to go through a covenant style analysis or is notice sufficient? The themis outline is lacking.

[smalogna]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

Keep in mind some essays combine subjects

and that my friend...is what is killing me

Then it sounds like you should be able to use self-defense

I think I've hit rock bottom.

This is your final post here. You are banned after that horrible joke. Good luck on the bar.

[smalogna]

What are the requirements for an easement to run against a subsequent purchaser of a servient estate? Do we have to go through a covenant style analysis or is notice sufficient? The themis outline is lacking.

Easement is the right to conduct a certain activity on another's land or right to prevent someone from doing something on their land. Covenant is a promise to have someone do or not do something on someone's land. Very small distinction but the big distinction comes in how it can be established

Easement -> Express grant, implication, prescription, necessity

Covenant -> Burden to run requires in writing, intent for parties to have burden run to subsequent holders, touch and concern land, horizontal and vertical privity, notice; Benefit to run requires all of the previous requirements minus horizontal privity and notice

[Confused7]

What are the requirements for an easement to run against a subsequent purchaser of a servient estate? Do we have to go through a covenant style analysis or is notice sufficient? The themis outline is lacking.

Easement is the right to conduct a certain activity on another's land or right to prevent someone from doing something on their land. Covenant is a promise to have someone do or not do something on someone's land. Very small distinction but the big distinction comes in how it can be established

Easement -> Express grant, implication, prescription, necessity

Covenant -> Burden to run requires in writing, intent for parties to have burden run to subsequent holders, touch and concern land, horizontal and vertical privity, notice; Benefit to run requires all of the previous requirements minus horizontal privity and notice

Don't forget easement by estoppel!

For real covenants, you need either actual or constructive notice (NOT inquiry notice).

[Pickled]

When the assignment for today says "Review essay checklists for all subjects" are they referring to checklists I should have made myself?

[Pleasye]

So many different essay topics but they only pick 6...well, I hope I am good at making up rules on the fly.

JEALOUS! We have 10 different essays plus an MPT.

Pretty sure Raiden is taking CA with me so don't be too jealous. At least you don't have a 3 day exam

[UnamSanctam]

I've felt like no stress in the last week. It's all been coming together. Y'all got this.

[anon sequitur]

The only stress I feel is a vague worry that I'm forgetting a little bit more every hour that passes, and I'm not studying enough to keep up. I hit peak performance on maybe Tuesday or Wednesday, and now can't concentrate enough to learn, only half-assed review. Oh well, I think I should be good, there's no way that I'm not within shouting distance of average.

[InternationalShoe]

The only stress I feel is a vague worry that I'm forgetting a little bit more every hour that passes, and I'm not studying enough to keep up. I hit peak performance on maybe Tuesday or Wednesday, and now can't concentrate enough to learn, only half-assed review. Oh well, I think I should be good, there's no way that I'm not within shouting distance of average.

Feeling somewhat similar. "Shouting distance of average" will become my new mantra for the next few days.

[annapach]

Can anyone summarize conflicts of interest in PR? Current clients, prospective clients, imputation, etc. In just a couple of sentences?

I keep looking at my notes and my eyes just glaze over, so it's not really sticking in my head

you can never represent adverse parties (obvs). if the conflict comes from your former client or the client of someone else in your firm, you also need informed consent from both parties AND the representation can't be materially limiting. if you have an incoming lawyer with a bunch of conflicts, you can impute all the existing lawyers to his conflicts from his former jobs. you can also impute if a lawyer in the firm has learned conflicting info from a potential client (i.e. the example where a spouse goes to every divorce lawyer in town and tells his story in the hopes that they're conflicted out of representing his wife- in that case, the whole firm isn't conflicted out, they're just screened from the one lawyer he told the story to).

that's def not everything but a good place to start

[sd5289]

I've felt like no stress in the last week. It's all been coming together. Y'all got this.

Exactly. The only stress I've felt this week has more been agitation that I can't be done already and have to wait to take it.

I'd say my highest level of anxiety was a few weeks ago. Perhaps I'm just too exhausted now, and the practice I've done this week has all turned out perfectly fine.

[skrubba5025]

Was reviewing my Graded Essays and started having a mini panic attack. Realized I had gotten the same score (67%) on all my essays except for one where I did worse. Looked at all the average grades on those essays and people seemed to fluctuate. I read through all of my grader's analysis but even when he says I did great and hit all the issues I still got a 67%. Then I'll have one where I missed an issue but got the rest right, still 67%. It's like he just gives the same grade no matter what I do, save the one time I did the essay in 5 minutes and it reflected on my work.

[sd5289]

^ What state are you in? I'm in NY, and it looks like with a couple of deviations, we all started out lower and gradually rose up. The average on the last one was 67% whereas the average on the first one was 58%.