BarBri Bar Review Hangout - July 2015 Exam Forum

[kyle010723]

It was failing because they used the wrong test and answered the questions in 3 sentences. Another paper failed by 0.5 points (3.5/7) and it had a decent amount of analysis but used the wrong test and was not organized at all.

Where did you find these past answers?

[charlesxavier]

It was failing because they used the wrong test and answered the questions in 3 sentences. Another paper failed by 0.5 points (3.5/7) and it had a decent amount of analysis but used the wrong test and was not organized at all.

Where did you find these past answers?

I asked my professor what a failing answer looked like and she had a file of failing, barely failing, and highest scoring essays.

[victortsoi]

It was failing because they used the wrong test and answered the questions in 3 sentences. Another paper failed by 0.5 points (3.5/7) and it had a decent amount of analysis but used the wrong test and was not organized at all.

Where did you find these past answers?

I asked my professor what a failing answer looked like and she had a file of failing, barely failing, and highest scoring essays.

so basically, its OK if we miss an element or two?

I thought that even if you used the wrong test, at least in NY, you'd get points for a logical analysis based on that rule.

[charlesxavier]

It was failing because they used the wrong test and answered the questions in 3 sentences. Another paper failed by 0.5 points (3.5/7) and it had a decent amount of analysis but used the wrong test and was not organized at all.

Where did you find these past answers?

I asked my professor what a failing answer looked like and she had a file of failing, barely failing, and highest scoring essays.

so basically, its OK if we miss an element or two?

Definitely. I mentioned a few days ago that the essay that barely failed didn't notice the state actor exception for the DCC and didn't even mention the substantial nexus test for non-discriminatory taxes. Not seeing those issues made their answer wrong on 2 out of the 3 questions. Plus, the organization was okay but surely below average.

[victortsoi]

It was failing because they used the wrong test and answered the questions in 3 sentences. Another paper failed by 0.5 points (3.5/7) and it had a decent amount of analysis but used the wrong test and was not organized at all.

Where did you find these past answers?

I asked my professor what a failing answer looked like and she had a file of failing, barely failing, and highest scoring essays.

so basically, its OK if we miss an element or two?

Definitely. I mentioned a few days ago that the essay that barely failed didn't notice the state actor exception for the DCC and didn't even mention the substantial nexus test for non-discriminatory taxes. Not seeing those issues made their answer wrong on 2 out of the 3 questions. Plus, the organization was okay but surely below average.

so my worry is that sure for most of the essays I'll get the equivalent of that, but for one or maybe 2 essays i worry about just blanking. For that question, I'd have gotten the market participant exception but probably not the substantial nexus test(unless thats another way of saying "matter of particular local concern"). Ugh.

[xfer2013]

Definitely. I mentioned a few days ago that the essay that barely failed didn't notice the state actor exception for the DCC and didn't even mention the substantial nexus test for non-discriminatory taxes. Not seeing those issues made their answer wrong on 2 out of the 3 questions. Plus, the organization was okay but surely below average.

What is the state actor exception?

[charlesxavier]

Definitely. I mentioned a few days ago that the essay that barely failed didn't notice the state actor exception for the DCC and didn't even mention the substantial nexus test for non-discriminatory taxes. Not seeing those issues made their answer wrong on 2 out of the 3 questions. Plus, the organization was okay but surely below average.

What is the state actor exception?

Sorry, market participant exception. When state is participating in the market they can favor in state residents.

[xfer2013]

These are single answers that were below the average required for passing, not necessarily answers written by people who failed the bar, correct?

Some of the mistakes you are mentioning are mistakes that I very well might make, and could lead to me getting below passing on a particular essay. But I'm hoping that failure to notice some nuance of the dormant commerce clause on a particular essay does not mean auto fail...

[rhs100]

I hate water rights.

[errmsg]

Definitely. I mentioned a few days ago that the essay that barely failed didn't notice the state actor exception for the DCC and didn't even mention the substantial nexus test for non-discriminatory taxes. Not seeing those issues made their answer wrong on 2 out of the 3 questions. Plus, the organization was okay but surely below average.

What is the state actor exception?

Thankfully, NY barely ever tests Con Law on essays...I think? Right?

[xfer2013]

Definitely. I mentioned a few days ago that the essay that barely failed didn't notice the state actor exception for the DCC and didn't even mention the substantial nexus test for non-discriminatory taxes. Not seeing those issues made their answer wrong on 2 out of the 3 questions. Plus, the organization was okay but surely below average.

What is the state actor exception?

Thankfully, NY barely ever tests Con Law on essays...I think? Right?

I kinda hope that's right. I actually had to check after reading this, the barbri materials say NY essays test the 16 random NY areas "plus all MBE topics" so I guess conlaw essays are fair game?

[cdelgado]

These are single answers that were below the average required for passing, not necessarily answers written by people who failed the bar, correct?

Some of the mistakes you are mentioning are mistakes that I very well might make, and could lead to me getting below passing on a particular essay. But I'm hoping that failure to notice some nuance of the dormant commerce clause on a particular essay does not mean auto fail...

I remember seeing these essays mentioned before and thought the con law was a little unfair, but I haven't read the essay. Based on that it seems I could easily fail an essay.

[RaleighStClair]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

[xfer2013]

These are single answers that were below the average required for passing, not necessarily answers written by people who failed the bar, correct?

Some of the mistakes you are mentioning are mistakes that I very well might make, and could lead to me getting below passing on a particular essay. But I'm hoping that failure to notice some nuance of the dormant commerce clause on a particular essay does not mean auto fail...

I remember seeing these essays mentioned before and thought the con law was a little unfair, but I haven't read the essay. Based on that it seems I could easily fail an essay.

Yeah... essays are definitely not my strong suit. But I typically get passing/slightly above on Barbri essays when I grade them, and my MBE numbers have been better... hoping MBE carries me even if my essays are weak.

[rhs100]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

Yes, to be enforceable. For CL: option K - need consideration. UCC: writing. valid upto 3 months.

[xfer2013]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

Yes. Offer by a merchant in a signed writing which by its terms gives assurance that it will be held open is irrevocable during the time stated, but period of revocability cannot exceed 90 days.

[charlesxavier]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

It has to be in writing. I missed that on the simulated MBE.

[thewaterlanding]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

Yes. Offer by a merchant in a signed writing which by its terms gives assurance that it will be held open is irrevocable during the time stated, but period of revocability cannot exceed 90 days.

Unless consideration is given, and then it can last for an irrevocable period past 90 days. I think there was a question in the Simulated MBE about this.

I believe that's right, but someone correct me if I'm wrong!

[RaleighStClair]

Awesome. Thanks!!

[Good Guy Gaud]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

They have to be in writing

[rinkrat19]

I need to boost my MBE score 10%. 20% would be even better and give me more than a snowball's chance to pass.

I've been doing small sets of problems and then going back through them and writing down the rule/exception/nitpicky bullshit relevant detail for every one, whether I got it right or wrong, and making sure I understand why I was right/wrong. Last night I decided to try reviewing the LeanSheet for each subject immediately before doing a small of Emanuel questions and was super excited to 90% in ConLaw! Followed by 20% in Contracts. Averaged out to my usual 60% in all categories. (I only get about 5% worse on Barbri questions most of the time.)

I can't seem to get consistently over the 60% hump. What should I try?

[xfer2013]

I need to boost my MBE score 10%. 20% would be even better and give me an actual chance to pass.

I've been doing small sets of problems and then going back through them and writing down the rule/exception/nitpicky bullshit relevant detail for every one, whether I got it right or wrong, and making sure I understand why I was right/wrong. Last night I decided to try reviewing the LeanSheet for each subject immediately before doing a small of Emanuel questions and was super excited to 90% in ConLaw! Followed by 20% in Contracts. Averaged out to my usual 60% in all categories. (I only get about 5% worse on Barbri questions most of the time.)

I can't seem to get consistently over the 60% hump. What should I try?

Two possible approaches:

1) just keep drilling the MBE stuff because there are a lot of little tricks within each area of each topic and you don't fall for the trick after you've seen it once or twice. That should get you some more points...

2) alternatively, you could start focusing on essay stuff. Your MBE score looks medianish, which is well above passing for the bar. The effort required to move your MBE from median to 60th or 70th percentile might be more than the effort to move your essays from sub median to median or whatever.

[Tiago Splitter]

Dumb question, but I've seen different rules for this in my notes/outlines.

Do merchant's firm offers need to be in writing to be enforceable? Or is it just that they have the three month limitation?

Yes. Offer by a merchant in a signed writing which by its terms gives assurance that it will be held open is irrevocable during the time stated, but period of revocability cannot exceed 90 days.

Unless consideration is given, and then it can last for an irrevocable period past 90 days. I think there was a question in the Simulated MBE about this.

I believe that's right, but someone correct me if I'm wrong!

Yep. If there's consideration then you've got an agreement to keep it open so the terms of the agreement control. Doesn't have to involve a merchant.

[rinkrat19]

I need to boost my MBE score 10%. 20% would be even better and give me an actual chance to pass.

I've been doing small sets of problems and then going back through them and writing down the rule/exception/nitpicky bullshit relevant detail for every one, whether I got it right or wrong, and making sure I understand why I was right/wrong. Last night I decided to try reviewing the LeanSheet for each subject immediately before doing a small of Emanuel questions and was super excited to 90% in ConLaw! Followed by 20% in Contracts. Averaged out to my usual 60% in all categories. (I only get about 5% worse on Barbri questions most of the time.)

I can't seem to get consistently over the 60% hump. What should I try?

Two possible approaches:

1) just keep drilling the MBE stuff because there are a lot of little tricks within each area of each topic and you don't fall for the trick after you've seen it once or twice. That should get you some more points...

2) alternatively, you could start focusing on essay stuff. Your MBE score looks medianish, which is well above passing for the bar. The effort required to move your MBE from median to 60th or 70th percentile might be more than the effort to move your essays from sub median to median or whatever.

I need an overall national median score just to pass. Oregon's passing score is a ridiculous 284. 50% MBE, 25% mixed essay, 25% MPTs

There are essay topics I haven't even looked at yet because I've been stuck for weeks trying to improve my MBE. All along I wanted to ace the MBE so I could bomb the essays, but I got stuck at 60-ish% for so long that I haven't been able to shift gears to put in any time on the essays.

[xChiTowNx]

If PR shows up on the essay, I think my answer will be:

"Please refer to my MPRE score."

kthxbai

*drops mic*