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tmbrtmbr

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Re: Barbri paced program question?

Post by tmbrtmbr » Thu Jul 03, 2014 8:24 pm

Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.

prs362

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Re: Barbri paced program question?

Post by prs362 » Thu Jul 03, 2014 8:48 pm

tmbrtmbr wrote:Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.
Try not to pay too much attention to that. I'm 2 full days ahead of the online NY program, and my little arrow is just below the green line. Barbri troll.

AJS30

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Re: Barbri paced program question?

Post by AJS30 » Thu Jul 03, 2014 9:34 pm

I have a question regarding settlements....

Dave, a driver, ran into an injured P. P has sued D alleging that D while drunk, struck P who was in a duly marked crosswalk. P's counsel wishes to prove that after the accident D went to P and offered $1,000 to settle P's claim.

The trial judge should rule this evidence:

Answer: inadmissible because even though it is relevant and an admission, the policy of the law is to encourage settlement negotiations.

I understand that you can't bring in settlement talks, but I thought that was just as long as there was a claim or dispute. I know the fact pattern says "offered $1,000 to settle P's claim". Are you supposed to just assume that P will bring a claim? Is any settlement statement completely barred?

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Stringer6

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Re: Barbri paced program question?

Post by Stringer6 » Thu Jul 03, 2014 9:38 pm

AJS30 wrote:I have a question regarding settlements....

Dave, a driver, ran into an injured P. P has sued D alleging that D while drunk, struck P who was in a duly marked crosswalk. P's counsel wishes to prove that after the accident D went to P and offered $1,000 to settle P's claim.

The trial judge should rule this evidence:

Answer: inadmissible because even though it is relevant and an admission, the policy of the law is to encourage settlement negotiations.

I understand that you can't bring in settlement talks, but I thought that was just as long as there was a claim or dispute. I know the fact pattern says "offered $1,000 to settle P's claim". Are you supposed to just assume that P will bring a claim? Is any settlement statement completely barred?
I don't think a claim necessarily has to be a legal claim at this point. Just a disagreement or dispute, as you said. And if the question actually says "claim," I'd just assume there is one.

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beachbum

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Re: Barbri paced program question?

Post by beachbum » Thu Jul 03, 2014 9:39 pm

tmbrtmbr wrote:Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.
Also at 46%. Starting to feel kinda burned out, too, so I'm glad we're entering into the do-nothing-but-study month of July.

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mvpforme

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Re: Barbri paced program question?

Post by mvpforme » Fri Jul 04, 2014 12:05 am

Quick question: Does the felony murder rule apply to both accomplices and co-conspirators?

JJDancer

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Re: Barbri paced program question?

Post by JJDancer » Fri Jul 04, 2014 5:57 am

mvpforme wrote:Quick question: Does the felony murder rule apply to both accomplices and co-conspirators?
No, my understanding is that it does not apply to co-conspirators who aren't accomplices.

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Re: Barbri paced program question?

Post by AJS30 » Fri Jul 04, 2014 9:12 am

JJDancer wrote:
mvpforme wrote:Quick question: Does the felony murder rule apply to both accomplices and co-conspirators?
No, my understanding is that it does not apply to co-conspirators who aren't accomplices.
Following up on that, can someone please explain how to tell the difference between classifying someone as an accomplice or co-conspirator?

UndecidedMN

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Re: Barbri paced program question?

Post by UndecidedMN » Fri Jul 04, 2014 9:29 am

Been working full-time, at 12%. Yeah I am screwed.

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MoneyMay

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Re: Barbri paced program question?

Post by MoneyMay » Fri Jul 04, 2014 9:33 am

UndecidedMN wrote:Been working full-time, at 12%. Yeah I am screwed.
What state?

nonprofit-prophet

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Re: Barbri paced program question?

Post by nonprofit-prophet » Fri Jul 04, 2014 10:54 am

How much do people usually go up after their simulated MBE?

MissLucky

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Re: Barbri paced program question?

Post by MissLucky » Fri Jul 04, 2014 12:03 pm

beachbum wrote:
tmbrtmbr wrote:Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.
Also at 46%. Starting to feel kinda burned out, too, so I'm glad we're entering into the do-nothing-but-study month of July.
what state? i'm ny and only at 30% - i am definitely behind but we also have quite a few ny specific topics left...

prs362

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Re: Barbri paced program question?

Post by prs362 » Fri Jul 04, 2014 12:06 pm

MissLucky wrote:
beachbum wrote:
tmbrtmbr wrote:Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.
Also at 46%. Starting to feel kinda burned out, too, so I'm glad we're entering into the do-nothing-but-study month of July.
what state? i'm ny and only at 30% - i am definitely behind but we also have quite a few ny specific topics left...
Yeah, about that, 25 days until the exam, and for the online program, we still have 6 subjects to learn. This will be a stellar month.

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MissLucky

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Re: Barbri paced program question?

Post by MissLucky » Fri Jul 04, 2014 12:11 pm

prs362 wrote:
MissLucky wrote:
beachbum wrote:
tmbrtmbr wrote:Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.
Also at 46%. Starting to feel kinda burned out, too, so I'm glad we're entering into the do-nothing-but-study month of July.
what state? i'm ny and only at 30% - i am definitely behind but we also have quite a few ny specific topics left...
Yeah, about that, 25 days until the exam, and for the online program, we still have 6 subjects to learn. This will be a stellar month.
ugh i know. ridiculous.

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nygrrrl

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Re: Barbri paced program question?

Post by nygrrrl » Fri Jul 04, 2014 12:17 pm

32%. I hate this.

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alicrimson

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Re: Barbri paced program question?

Post by alicrimson » Fri Jul 04, 2014 12:29 pm

AJS30 wrote:I have a question regarding settlements....

Dave, a driver, ran into an injured P. P has sued D alleging that D while drunk, struck P who was in a duly marked crosswalk. P's counsel wishes to prove that after the accident D went to P and offered $1,000 to settle P's claim.

The trial judge should rule this evidence:

Answer: inadmissible because even though it is relevant and an admission, the policy of the law is to encourage settlement negotiations.

I understand that you can't bring in settlement talks, but I thought that was just as long as there was a claim or dispute. I know the fact pattern says "offered $1,000 to settle P's claim". Are you supposed to just assume that P will bring a claim? Is any settlement statement completely barred?
I think "offered to settle P's claim" indicates that P had filed a claim or threatened to, so the needed dispute was there. It isn't any settlement, there has to be a crystalized case or controversy ( can be the threat of a lawsuit).

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Re: Barbri paced program question?

Post by jd20132013 » Fri Jul 04, 2014 1:11 pm

glad (?) to see some other people are where I am. I'm at 30% but haven't been doing many essays. those are usually doable in 30-45 minutes so now that I'm caught up on videos I hope to start checking boxes off at a progressively faster rate

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LouEVille

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Re: Barbri paced program question?

Post by LouEVille » Fri Jul 04, 2014 1:30 pm

Am I just getting dumber or are these online MBE PDF questions are lame, both in format and substance? Just did a flaming hot 9/18 on Con Law Set B.

ap1987

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Re: Barbri paced program question?

Post by ap1987 » Fri Jul 04, 2014 2:32 pm

tmbrtmbr wrote:Where are people on their "Progress Bar"? I'm at 46%, which is obv. behind, but hopefully not hopelessly behind.
40%, Nevada with 3 subjects left

JJDancer

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Re: Barbri paced program question?

Post by JJDancer » Fri Jul 04, 2014 5:06 pm

AJS30 wrote:
JJDancer wrote:
mvpforme wrote:Quick question: Does the felony murder rule apply to both accomplices and co-conspirators?
No, my understanding is that it does not apply to co-conspirators who aren't accomplices.
Following up on that, can someone please explain how to tell the difference between classifying someone as an accomplice or co-conspirator?
Ok I need to clarify what I said. I don't think it applies to conspirators or accomplices unless:
I think for felony murder only someone who committed/attempted to commit the underlying felony can be liable. so someone who only conspired *but didn't commit, withdrew* isn't, and someone who only encouraged isn't either

Co conspirators who change their mind/alert the police/back out may not be liable for crimes committed by other coconspirators - who actually carry it out. So the person is guilty of the conspiracy but not the actual crime.

Co conspirators = two (or more) people knowingly agree to commit a criminal act, and do some act in furtherance of that conspiracy (like agreeing to kidnap and going out to stalk the target and buy rope, duct tape etc). (aka intent + overt act = conspiracy completed). Co conspirators are liable for crimes by other conspirators if they are in furtherance of the conspiracy and foreseeable.

Accomplices = someone who gives aid counsel or encouragement with the intent to encourage the crime.
Liable for any crime he did or counseled + any crimes committed in the crime as long as probable/foreseeable.

Someone who withdraws from the crime before it gets "unstoppable" is NOT guilty as an accomplice. Withdrawl = repudiate if you just enouraged, but need attempt to neturalize if you participated more than just encouragement.

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Re: Barbri paced program question?

Post by jd20132013 » Fri Jul 04, 2014 8:18 pm

I thought we could submit the 4 barbri graded essays late?

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Re: Barbri paced program question?

Post by peanut123 » Fri Jul 04, 2014 8:38 pm

jd20132013 wrote:I thought we could submit the 4 barbri graded essays late?
I have submitted one late and got it back, albeit somewhat slowly.

Separately, people who are outlining, are you going from the lecture handouts or the CMR? I know it's not necessary to produce more materials, but making outline is what got me through law school - it helps me internalize the material better. So, any consensus as to which is the gold standard?

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MoneyMay

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Re: Barbri paced program question?

Post by MoneyMay » Fri Jul 04, 2014 8:55 pm

LouEVille wrote:Am I just getting dumber or are these online MBE PDF questions are lame, both in format and substance? Just did a flaming hot 9/18 on Con Law Set B.
They are awful. I had a few questions that directly contradicted the lecture outlines-- very frustrating!

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Re: Barbri paced program question?

Post by jd20132013 » Fri Jul 04, 2014 9:10 pm

peanut123 wrote:
jd20132013 wrote:I thought we could submit the 4 barbri graded essays late?
I have submitted one late and got it back, albeit somewhat slowly.

Separately, people who are outlining, are you going from the lecture handouts or the CMR? I know it's not necessary to produce more materials, but making outline is what got me through law school - it helps me internalize the material better. So, any consensus as to which is the gold standard?

That's weird. I went to "Submit an Essay" and in the place where you're supposed to click to upload, it says "Due Date has Expired."

I can call next week but am I just in the wrong spot?

as to your question I'm certainly not going from the CMR, although it looks like I will have to do something like that for the state distinctions for crim law in my state since it's sure to be tested and there are annoying differences of terminology. It seems to me that there's no need to outline from CMR otherwise

also I sure as hell hope it's not necessary to produce more materials...I just don't see how there's time to outline everything :(

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LAWYER2

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Re: Barbri paced program question?

Post by LAWYER2 » Fri Jul 04, 2014 9:19 pm

peanut123 wrote:
jd20132013 wrote:I thought we could submit the 4 barbri graded essays late?


Separately, people who are outlining, are you going from the lecture handouts or the CMR? I know it's not necessary to produce more materials, but making outline is what got me through law school - it helps me internalize the material better. So, any consensus as to which is the gold standard?
I've been creating outlines based solely on lecture handout because (most) lecturers only stress what's likely to be tested. I've heard that it should be based on the CMR though, but have also heard others talk about success from just studying the lecture handouts.

Seriously? What are you waiting for?

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