BarBri Bar Review Hangout - July 2015 Exam Forum

[rinkrat19]

I don't want to study today; I just wanna play with my new phone. But I am definitely not in a place where I can slack off at all, unlike some of you geniuses with your 85 percents.

I consistently am hitting low 60% on MBE questions and did pretty poorly on the simulated MBE. I'm finding it really hard to keep going though despite knowing that slacking off here could easily result in my failing. Just really really exhausted of it all at this point. I don't know this stuff well enough and this last week is going to kill me.

But isn't low 60% pretty alright, statistically speaking? The barbri average was 61-62% correct on the simulated MBE. That puts you right in average territory, which is far from failing! They said somewhere you should only be worried if you are in the bottom 20% (I guess suggesting they have around a 80% pass rate?).

Pretty sure you'll be fine provided your essays are half decent.

60% was above average for the barbri simulates exam. 58% was average and even people with below average scores pass. You're in good shape

My state's minimum passing score is 284. The last three exams have had 64%, 65%, and 66% passage rates. I need to score somewhere around the national median to pass (and I was hoping my MBE would make up for sucking at essays).

[kykiske]

Again, think it was just pure luck. If I was truly capable of that score, I'd be able to reproduce it on a consistent basis.

Well, the Refresher focused mainly on some nuance exceptions. So if you understand those, the general rule should be must easier to comprehend.

Another explanation is that I'm just burnt out. I've done 300 MBE questions over the past three days.

I took the Refresher after not studying for 2 days.

[kyle010723]

My state's minimum passing score is 284. The last three exams have had 64%, 65%, and 66% passage rates. I need to score somewhere around the national median to pass (and I was hoping my MBE would make up for sucking at essays).

Wow... 284 is really really high... (although I am still convinced you will do just fine!)

[kyle010723]

Another explanation is that I'm just burnt out. I've done 300 MBE questions over the past three days.

I took the Refresher after not studying for 2 days.

There you go, stop studying and you will surely own the Bar

[xChiTowNx]

Low sixty percent on questions puts you above average in most instances (even above average for all Barbri takers). Keep the perspective about what score you actually need to obtain. Often it is much lower standard than what you are currently holding yourself to.

Essays are freaking me out, guys (NY). I'm catching up on a bunch of overdue ones, and there are so many rules I've never seen before!

[gretchenweiners]

fed civ pro question about diversity jurisdiction and aggregating state law claims. pretty sure this is really simple but it's tripping me up.

Hypo 1: P brings claim 1 for $40k and unrelated claim 2 for $50k against D = this is fine for diversity jurisdiction

Hypo 2: P1 brings claim 1 for $40k against D. P2 brings related claim 2 for $50k against same D = this is fine for diversity jurisdiction, but would not be fine if P2's claim was unrelated?

Hypo 3: P1 brings claim 1 for $40k against D1 and D2. P1 brings related claim 2 for $50k against D1 and D2. Is this okay? What if claim 2 is unrelated--is that okay? (***If this is not okay, would the sensible thing be for P to just assert both claims against only D1, get aggregation, and let D1 worry about impleading D2 if they want to?)

Hypo 4: P1 brings claim 1 for $40k against D1 and D2. P2 brings related claim 2 for $50k against D1 and D2. This is not okay (and also still not okay if P2's claim is unrelated)--right?

bumping because this is still puzzling me

[jamescastle]

Side ramble on Guzman: Did you ever put Guzman at 1.0x speed and listen to how slow he talks. I don't understand how that's possible. I'm convinced that BARBRI slowed all his videos down beforehand as a joke.

[Tiago Splitter]

Hypo 2 is not fine for diversity jurisdiction. Can't aggregate claims by different plaintiffs against the same D.

[rinkrat19]

My state's minimum passing score is 284. The last three exams have had 64%, 65%, and 66% passage rates. I need to score somewhere around the national median to pass (and I was hoping my MBE would make up for sucking at essays).

Wow... 284 is really really high... (although I am still convinced you will do just fine!)

Yeah, I have no idea why Oregon has such a stick up its ass about passing the bar. That has to be one of the highest required scores in the country. Yayyy.

[RaleighStClair]

Hypo 2 is not fine for diversity jurisdiction. Can't aggregate claims by different plaintiffs against the same D.

I believe you can if you're asserting claims that arise out the same interest (like a piece of land). E.g., if D harmed a piece of land that P1 and P2 owned as JTs, they could each assert $40k? Obviously this is rare, if even correct.

Edited...

[kyle010723]

I believe you can if you're asserting claims that arise out the same interest (like a piece of land). E.g., if D harmed a piece of land that P1 and D1 owned as JTs, they could each assert $40k? Obviously this is rare, if even correct.

Yea, the exception is very narrow. Unless you know what you are doing, I would just assume 2 plaintiffs cannot aggregate claims together.

[ArmyOfficer]

I don't want to study today; I just wanna play with my new phone. But I am definitely not in a place where I can slack off at all, unlike some of you geniuses with your 85 percents.

I consistently am hitting low 60% on MBE questions and did pretty poorly on the simulated MBE. I'm finding it really hard to keep going though despite knowing that slacking off here could easily result in my failing. Just really really exhausted of it all at this point. I don't know this stuff well enough and this last week is going to kill me.

But isn't low 60% pretty alright, statistically speaking? The barbri average was 61-62% correct on the simulated MBE. That puts you right in average territory, which is far from failing! They said somewhere you should only be worried if you are in the bottom 20% (I guess suggesting they have around a 80% pass rate?).

Pretty sure you'll be fine provided your essays are half decent.

60% was above average for the barbri simulates exam. 58% was average and even people with below average scores pass. You're in good shape

My state's minimum passing score is 284. The last three exams have had 64%, 65%, and 66% passage rates. I need to score somewhere around the national median to pass (and I was hoping my MBE would make up for sucking at essays).

Hopefully there is a higher rate for first time takers. My state releases the first time and repeat passage rights. The first time is usually between 75-80% but the retakers are around 65%.

[myrtlewinston]

I don't want to study today; I just wanna play with my new phone. But I am definitely not in a place where I can slack off at all, unlike some of you geniuses with your 85 percents.

I consistently am hitting low 60% on MBE questions and did pretty poorly on the simulated MBE. I'm finding it really hard to keep going though despite knowing that slacking off here could easily result in my failing. Just really really exhausted of it all at this point. I don't know this stuff well enough and this last week is going to kill me.

right there with ya, man.

It's really hard to avoid thinking "I'm not going to improve enough in a week, so why bother?"

I'm the ultimate Debbie Downer when it comes to anything law school/exam related, so I know what you guys are saying, but even if you have to completely fake enthusiasm for this shit for one more week, just do it. Take it one thing that's troubling you at a time. You got this. Minimum competency.

Well-said. Thank you.

[gretchenweiners]

I believe you can if you're asserting claims that arise out the same interest (like a piece of land). E.g., if D harmed a piece of land that P1 and D1 owned as JTs, they could each assert $40k? Obviously this is rare, if even correct.

Yea, the exception is very narrow. Unless you know what you are doing, I would just assume 2 plaintiffs cannot aggregate claims together.

That makes sense--thanks to both of ya

[Lawlawpalooza]

I don't want to study today; I just wanna play with my new phone. But I am definitely not in a place where I can slack off at all, unlike some of you geniuses with your 85 percents.

I consistently am hitting low 60% on MBE questions and did pretty poorly on the simulated MBE. I'm finding it really hard to keep going though despite knowing that slacking off here could easily result in my failing. Just really really exhausted of it all at this point. I don't know this stuff well enough and this last week is going to kill me.

But isn't low 60% pretty alright, statistically speaking? The barbri average was 61-62% correct on the simulated MBE. That puts you right in average territory, which is far from failing! They said somewhere you should only be worried if you are in the bottom 20% (I guess suggesting they have around a 80% pass rate?).

Pretty sure you'll be fine provided your essays are half decent.

^^^ This. I think anything above Barbri average should be fine if you are getting 50% on the essays (not necessarily "passing" just half the points) and you get a passing score or better on the MPT.

This seems obvious to me, but I'd be interested in dissenting views. Seems as though this is the general consensus though.

[myrtlewinston]

Low sixty percent on questions puts you above average in most instances (even above average for all Barbri takers). Keep the perspective about what score you actually need to obtain. Often it is much lower standard than what you are currently holding yourself to.

Essays are freaking me out, guys (NY). I'm catching up on a bunch of overdue ones, and there are so many rules I've never seen before!

I might read a released answer to cheer myself up.

[rickgrimes69]

Following a less than desirable score on Mixed Set 5 (31/50), atrocious scores on pretty much every NYMC set, and a general feeling of losing information faster than I'm retaining new material, can someone please reassure me that I have a decent chance of passing?

124 / 200 on the Simulated MBE
63 / 100 on the Refresher
Generally strong essay writer but feeling very weak on NY law and distinctions

[Good Guy Gaud]

Following a less than desirable score on Mixed Set 5 (31/50), atrocious scores on pretty much every NYMC set, and a general feeling of losing information faster than I'm retaining new material, can someone please reassure me that I have a decent chance of passing?

124 / 200 on the Simulated MBE
63 / 100 on the Refresher
Generally strong essay writer but feeling very weak on NY law and distinctions

You're going to pass. You remember a lot more than you think you do.

[musicfor18]

Low sixty percent on questions puts you above average in most instances (even above average for all Barbri takers). Keep the perspective about what score you actually need to obtain. Often it is much lower standard than what you are currently holding yourself to.

Essays are freaking me out, guys (NY). I'm catching up on a bunch of overdue ones, and there are so many rules I've never seen before!

I might read a released answer to cheer myself up.

The worrisome thing is not that I don't remember all the rules. It's that not knowing the rules sometimes means I can't even spot the correct issue.

[RaleighStClair]

I don't want to study today; I just wanna play with my new phone. But I am definitely not in a place where I can slack off at all, unlike some of you geniuses with your 85 percents.

I consistently am hitting low 60% on MBE questions and did pretty poorly on the simulated MBE. I'm finding it really hard to keep going though despite knowing that slacking off here could easily result in my failing. Just really really exhausted of it all at this point. I don't know this stuff well enough and this last week is going to kill me.

But isn't low 60% pretty alright, statistically speaking? The barbri average was 61-62% correct on the simulated MBE. That puts you right in average territory, which is far from failing! They said somewhere you should only be worried if you are in the bottom 20% (I guess suggesting they have around a 80% pass rate?).

Pretty sure you'll be fine provided your essays are half decent.

^^^ This. I think anything above Barbri average should be fine if you are getting 50% on the essays (not necessarily "passing" just half the points) and you get a passing score or better on the MPT.

This seems obvious to me, but I'd be interested in dissenting views. Seems as though this is the general consensus though.

I think you're more or less correct.

St Clair, J. (Concurring in result)

[kmp127]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

[kmp127]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

[musicfor18]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

You mean rule interpleader and statutory interpleader? Freer didn't cover this in his lecture, but it came up on the simulated MBE. Here are the notes I took from the review video:

rule interpleader

• relies on the normal rules of SMJ (must be FQ or complete diversity between stakeholder and claimants + AIC over $75K)

statutory interpleader

• arises when AIC is $500 or more and when there’s diversity between any 2 contending claimants (minimal diversity)

[kyle010723]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

[musicfor18]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.