2015 February California Bar Exam Forum

[morescotchplease]

I do better on the MBEs after I've had a few drinks...less anxiety and tension. Perhaps I should employ this strategy on the day of....

[Elms]

I do better on the MBEs after I've had a few drinks...less anxiety and tension. Perhaps I should employ this strategy on the day of....

Isn't the first rule of studying that if you drink while studying you're supposed to drink while test taking as well?

[a male human]

I'm certainly not aware of any test center rules where you can't imbibe alcohol.

[EZ as AsDf]

Hey guys:

Why are certain questions in the Kaplan MBE explanatory answers in bold font?

(edit: the letter of the correct answer choice is sometimes bold and sometimes plain).

[EZ as AsDf]

Would people be willing to share what their days are like as a means of providing motivation for all of us to keep studying?

Today in the morning I wrote out three essays and went over them. MBE topics. After that I read through the professional responsibility outline, and the outline for civil procedure.

I feel like it was a productive day. Tomorrow will likely be the same -- essays in the morning, then learnings wills by reading the conviser, and then perhaps some wills essays, or a review of a different California topic.

... others?

Good night to all!

Ira Shafiroff's lectures are really good for wills and trusts.

[EZ as AsDf]

For the MBE, has anyone considered taking 5-10 minutes at the beginning to quickly scan through the questions and identify what subject each question relates to, and then answering the questions by subject?

So you mark all the questions, and then do all the contracts Qs, con law Qs, etc.

Obviously you have to be careful to make sure you are marking the answer for the right question, but there seems to be something appealing about being able to focus on one subject at a time.

It might be easier to mark them as you go through each individual question. But I would rather direct all my energy and focus at reading and answering the question (and mindlessly bubbling in a letter) rather than diverting attention towards categorizing the questions on the answer sheet.

[a male human]

When do you fill in the bubbles? I mark the answer in the booklet first, then transfer each answer after I finish all the questions in view. Batching saves me from switching back and forth, plus you might change your answer after you mark it on the test book.

[jarofsoup]

When do you fill in the bubbles? I mark the answer in the booklet first, then transfer each answer after I finish all the questions in view. Batching saves me from switching back and forth, plus you might change your answer after you mark it on the test book.

I concur with batching. I think it helps with accuracy too. Also if you have extra time instead of trying to map out the questions which seems like a completely useless and time consuming task I always go back and check bubbling at the end.

[EZ as AsDf]

When do you fill in the bubbles? I mark the answer in the booklet first, then transfer each answer after I finish all the questions in view. Batching saves me from switching back and forth, plus you might change your answer after you mark it on the test book.

I concur with batching. I think it helps with accuracy too. Also if you have extra time instead of trying to map out the questions which seems like a completely useless and time consuming task I always go back and check bubbling at the end.

My accuracy is increased by bubbling in each answer after I complete the question. If you've mastered the batching technique, I suppose you can increase your speed without worrying about errors in accuracy.

Will marking on the sides of questions (e.g. lightly crossing off "17." on question 17) result in an incorrect result when mechanically scored?

[dueprocess14]

I haven't gotten to hard copy practice tests yet, but I plan to batch too. I always did that with the LSAT - do an entire two-fold page of answers, then transfer them all. I find it increased my accuracy because I was 100% focused on bubbling. When I did answer, bubble, answer, bubble, I was already trying to read the next question while I was bubbling.

For ones I'm not sure, I'll put a tiny mark next to the scantron line to come back to it. If I have reasonable guess, I'll bubble the guess but leave the mark. Then when time is remaining, do the unbubbled marked answers first, then the bubbled marked answers to make sure I still agree with myself. (Usually we do, but sometimes past and present me are in total disagreement! )

[Elms]

I'm a TOTAL non batch bubbler. Haha! But I have a fear of misbubbling that seriously borders on insane.

Zabagabe, wasn't it you who hadn't received your admissions ticket yet? Did you get that sorted?

[morescotchplease]

I've hit a mental wall...must persevere...there will be a breakthrough! (I hope)

[kdesq]

I am so struggling with professional responsibility rule statements...I know and understand the rules and can spot the issues pretty much (umm...I mean I can spot what is wrong with the lawyer's behaviors) but it is just so hard for me to spit out okay-sounding rule statements! There must be at least one full blown professional responsibility test and I feel nervous!

[dueprocess14]

I'm a TOTAL non batch bubbler. Haha! But I have a fear of misbubbling that seriously borders on insane.

Zabagabe, wasn't it you who hadn't received your admissions ticket yet? Did you get that sorted?

Good memory! It was me. I'm still waiting, but I finally got my last grade in on Tuesday and my law school just sent verification that I did in fact graduate yesterday. They received it today and it should update by tomorrow. (Which is good, because the only thing worse than studying for this thing and having to take it would be studying for it and then finding out at the last minute that I wouldn't be allowed to take it. Speaking of heat of passion crimes...)

I've hit a mental wall...must persevere...there will be a breakthrough! (I hope)

I know. These videos are killing me. I've taken to listening to Booker T. and the MG's in the background b/c it's instrumental but upbeat and somehow I think Pam Karlan would approve having Booker T. back up her crim pro lectures. Hah.

[Elms]

I'm a TOTAL non batch bubbler. Haha! But I have a fear of misbubbling that seriously borders on insane.

Zabagabe, wasn't it you who hadn't received your admissions ticket yet? Did you get that sorted?

Good memory! It was me. I'm still waiting, but I finally got my last grade in on Tuesday and my law school just sent verification that I did in fact graduate yesterday. They received it today and it should update by tomorrow. (Which is good, because the only thing worse than studying for this thing and having to take it would be studying for it and then finding out at the last minute that I wouldn't be allowed to take it. Speaking of heat of passion crimes...)

Awesome, I would think it should be updated quickly now that verification is sent!

And congrats on graduating!

[dueprocess14]

I'm a TOTAL non batch bubbler. Haha! But I have a fear of misbubbling that seriously borders on insane.

Zabagabe, wasn't it you who hadn't received your admissions ticket yet? Did you get that sorted?

Good memory! It was me. I'm still waiting, but I finally got my last grade in on Tuesday and my law school just sent verification that I did in fact graduate yesterday. They received it today and it should update by tomorrow. (Which is good, because the only thing worse than studying for this thing and having to take it would be studying for it and then finding out at the last minute that I wouldn't be allowed to take it. Speaking of heat of passion crimes...)

Awesome, I would think it should be updated quickly now that verification is sent!

And congrats on graduating!

Thanks so much! Really appreciate it. Definitely felt like a huge load off.

[redblueyellow]

I'm using flash cards to memorize the law, but how much is actually necessary (or alternatively, how much of the following do you know vs had to memorize (or didn't bother memorizing)? I need to pick up my pace if I want to knock out contracts (MBE) today.

Acceptance by Performance:
Unilateral Contract: 1) complete performance required; Exceptions: offeree is not obligated to complete performance, offeree's failure to perform does not constitute a breach (b/c no K is formed w/o complete perf.), offer may become irrevocable upon the start of perf. For Notice: offeree is not required to give notice upon the start, but must notify offeror within a reasonable time of completion.

Of that little blurb, how much would you commit to memory? (I just picked a random card, but conceptually the same issue)

EDIT: In comparison, leansheets says the following:

Full Performance: [it's blank]
Start Performance: for bilateral K, but not unilateral K

Soooo, what is sufficiently appropriate?

[a male human]

I'm using flash cards to memorize the law, but how much is actually necessary (or alternatively, how much of the following do you know vs had to memorize (or didn't bother memorizing)? I need to pick up my pace if I want to knock out contracts (MBE) today.

Acceptance by Performance:
Unilateral Contract: 1) complete performance required; Exceptions: offeree is not obligated to complete performance, offeree's failure to perform does not constitute a breach (b/c no K is formed w/o complete perf.), offer may become irrevocable upon the start of perf. For Notice: offeree is not required to give notice upon the start, but must notify offeror within a reasonable time of completion.

Of that little blurb, how much would you commit to memory? (I just picked a random card, but conceptually the same issue)

EDIT: In comparison, leansheets says the following:

Full Performance: [it's blank]
Start Performance: for bilateral K, but not unilateral K

Soooo, what is sufficiently appropriate?

Everything.

Make it make sense intuitively. So you know a unilateral contract is not made unless there is complete performance. This is something to know, just as a basic concept.

At this point, I would imagine a bar filling up. At any point before the bar fills up, there's no uniK.

Essentially, no one owes anyone shit until you actually complete it (kind of, offeror can't revoke, but this is one of your "exceptions"). It's up to you to finish if you want, and when you do, you get the promise. Like a download you can't open until it's 100% done and CRC hash checked and virus checked. You leave your computer on overnight to finish the download completely, then you can have your reward.

If that's true, the other "exceptions" (more like nuances or extensions of the rule) also make sense. If there's no completion, failing to perform completely isn't a breach (because there's no K). At the same time, it would be unfair to finish 99% and then the offeror's like lol jk and revoke the offer. You're torrenting one huge file, and then all the seeders leave. That's not cool! So the offer is irrevocable once you start (not just "may"--it IS irrevocable AFAIK). Then again you can't just start "mere preparations" and be like "dude I started so you can't revoke it"; that's not cool either. That is kind of an exception to the rule that says it's irrevocable once you start. No "mere preparations."

If you see a fact pattern where someone's gotta do something to have the other person bound, then see what else is going on. The progress bar started going. Did the offeror change his mind? Did the offeree stop? Did the offeree finish "downloading" and now the offeror is at now at his mercy?

I don't know what the notice thing is about and i gotta go work so peace for now

[morescotchplease]

I hate real property

[dueprocess14]

I hate real property

I completely agree, although to paraphrase Dan Savage, it gets better. I hated it at first too, but then I found once I finally got over the threshold of the 580th random, totally unintuitive rule, it generally makes for relatively obvious fact patterns for the MBE questions. And the essay questions tend to cluster in a single area (mortgages, transfers in time, easements/covenants, deeds, etc.), so it has begun to feel more manageable than it seemed at first.

Is anyone else struggling with contracts? I'm not sure why, but I just can't seem to remember the (extremely relevant, sometimes pivotal) minor technicalities that turn an issue spotter in an entirely different direction. (it wasn't in writing! the UCC doesn't require consideration for a modification!).

[cndounda1985]

I'm working full-time and studying but I started studying in November. I slacked off on MBEs during the middle of January. So this week, I'm playing catch up and doing 33 MBEs per subject and review. My usual study schedule is, I memorize and outline 1-2 essays per day. I usually do 2 timed practice essays per week. I've been trying to work on my writing since my essay scores were low. I will probably pump it up to one timed essay per subject a day, once I take my time off from work next week. I've also done a few PTs and have another PT to do this weekend. I'm working with a tutor so he has me doing all the stuff, I would normally procrastinate on.

[morescotchplease]

I find that for the essays that test the usual topics (i.e. subject matter jurisdiction/personal jurisdiction for civ pro), they're not too difficult to navigate, but because of the once-in-awhile odd topics (like that con law one just on takings), I get stressed that I need to know every single thing of every subject just in case. My worst fear is that I'll see an essay and have no idea what to write about. Is there a general pattern with how many of these odd ball questions they put in the essays? Do they choose one or two topics per year, just to make it more challenging or is it just completely random?

[a male human]

It seems like there's at least one or two WTF questions. Best way to prepare is to know everything...which is unrealistic. One way to approach it is to look at a lot of past essays to at least know what was previously tested and what is frequently tested. If you can get the "usual" topics down, you have a bit more leeway with the WTF ones.

[morescotchplease]

It seems like there's at least one or two WTF questions. Best way to prepare is to know everything...which is unrealistic. One way to approach it is to look at a lot of past essays to at least know what was previously tested and what is frequently tested. If you can get the "usual" topics down, you have a bit more leeway with the WTF ones.

I like the way you put it... "WTF" questions. It's that's the case, I wonder if it's better to make sure I have all the "usual" questions down for every subject rather than spending so much time trying to know everything just in case...

Also, is it just me, but I feel like I feel pretty good about whatever subject I reviewed today, but when I try to test myself on a subject I went over yesterday or two days ago, it's as if I never went over it....

[redblueyellow]

Also, is it just me, but I feel like I feel pretty good about whatever subject I reviewed today, but when I try to test myself on a subject I went over yesterday or two days ago, it's as if I never went over it....

YES. THIS. Me too! That's definitely my problem and I don't know what to do about it. If I go back and try to re-memorize/learn the material of the previous subject, I'll be cutting time short for the other remaining subjects.

EDIT: I just reviewed some higher scoring essays on baressays and they tend to be pretty lightweight for the rules (as in, elements of the rules only, maybe one exception, and then they move on to analysis). Whereas the review I'm trying to do seems a lot more intense BUT I can see how it would be really beneficial for the MBE since they test much more specific knowledge than an essay would.

I don't know what the notice thing is about and i gotta go work so peace for now

Appreciate your help! I've been going down the contracts flashcards and I'm halfway done with them. I was supposed to have finished all 4x cards today so I could concentrate on MBEs and essays tomorrow, but that doesn't look like it's going to happen.