BarBri Bar Review Hangout - July 2015 Exam Forum

[N.P.H.]

129/200 on simulated mbe.

Pass if I suck at essays?

[kyle010723]

When doing timed essays, is anyone else not spending anywhere close to 30 minutes per essay? My answers aren't horribly off from the models, but I'm not getting every nuanced element. I'm doing a furious 15-20 minutes per essay, then editing them.

Yea, once I noticed it took me nowhere near 30 minutes I just started outlining essays and saving my time.

I usually start writing it out and then start using shorthand along the way and am ready to look at the answer in 15-20 minutes. On the real thing I'm gonna make sure to barf out every piece of shit I can think of.

OFS. Relevant or not, we've got 3 hours there (in UBE state, sorry bro, I know you're in CA) and nowhere else to be. Whoever is grading my exam should pass me just for effort.

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

[Good Guy Gaud]

129/200 on simulated mbe.

Pass if I suck at essays?

According to: https://one-timers.com/calculate-your-f ... exam-grade You would pass CA bar (higher standard) if you got two 70% essays and 60% on the rest of the essays and on both MPTs.

No clue how accurate that is but it has got to be better than guessing.

[Good Guy Gaud]

When doing timed essays, is anyone else not spending anywhere close to 30 minutes per essay? My answers aren't horribly off from the models, but I'm not getting every nuanced element. I'm doing a furious 15-20 minutes per essay, then editing them.

Yea, once I noticed it took me nowhere near 30 minutes I just started outlining essays and saving my time.

I usually start writing it out and then start using shorthand along the way and am ready to look at the answer in 15-20 minutes. On the real thing I'm gonna make sure to barf out every piece of shit I can think of.

OFS. Relevant or not, we've got 3 hours there (in UBE state, sorry bro, I know you're in CA) and nowhere else to be. Whoever is grading my exam should pass me just for effort.

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

Yea, I think we are all a bit worried about that. It's not gonna happen, though. You're going to see all those essays and be like "omg r u serious i know all of this!"

[kyle010723]

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

Yea, I think we are all a bit worried about that. It's not gonna happen, though. You're going to see all those essays and be like "omg r u serious i know all of this!"

Haha, I looked at the past MEEs and I can answer most of them to some extend. But man, some of these Barbri's ones, I stared at them and like what?! For instance, one of the Barbri essay asked about the constitutionality of some injunctions and contempts. I was like huh???

[musicfor18]

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

Yea, I think we are all a bit worried about that. It's not gonna happen, though. You're going to see all those essays and be like "omg r u serious i know all of this!"

Haha, I looked at the past MEEs and I can answer most of them to some extend. But man, some of these Barbri's ones, I stared at them and like what?! For instance, one of the Barbri essay asked about the constitutionality of some injunctions and contempts. I was like huh???

Constitutionality of injunctions and contempt? Did it have to do with prior restraints on speech?

[kyle010723]

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

Yea, I think we are all a bit worried about that. It's not gonna happen, though. You're going to see all those essays and be like "omg r u serious i know all of this!"

Haha, I looked at the past MEEs and I can answer most of them to some extend. But man, some of these Barbri's ones, I stared at them and like what?! For instance, one of the Barbri essay asked about the constitutionality of some injunctions and contempts. I was like huh???

Constitutionality of injunctions and contempt? Did it have to do with prior restraints on speech?

It was an Equity Essay so not an MEE subject. But it had to do with an injunction that was unconstitutional because it violated free speech and association rights. The main part of the question dealt with whether an enjoined person may disobey an unconstitutional injunction.

[rhs100]

Does anyone know many crim pro questions are we supposed to get on the MBE approx? I just want to know if its even split between crim law and pro, or some other proportion.

[kyle010723]

Does anyone know many crim pro questions are we supposed to get on the MBE approx? I just want to know if its even split between crim law and pro, or some other proportion.

13 to 14

[Tiago Splitter]

yeah one of the barbri essays I did today, which was a real essay from the CA bar exam just a few years ago, asked whether one guy would be successful against the other in a suit for malicious prosecution. I had no idea there was a malicious prosecution tort.

I'm resigned to the fact that one of the essays will be like that, and am just counting on having one right in my wheelhouse to make up for it.

[rhs100]

Does anyone know many crim pro questions are we supposed to get on the MBE approx? I just want to know if its even split between crim law and pro, or some other proportion.

13 to 14

Oh ok thx so I guess it is 50-50.

[kyle010723]

Does anyone know many crim pro questions are we supposed to get on the MBE approx? I just want to know if its even split between crim law and pro, or some other proportion.

13 to 14

Oh ok thx so I guess it is 50-50.

From what Barbri said, yes

[old_soul]

When doing timed essays, is anyone else not spending anywhere close to 30 minutes per essay? My answers aren't horribly off from the models, but I'm not getting every nuanced element. I'm doing a furious 15-20 minutes per essay, then editing them.

Yea, once I noticed it took me nowhere near 30 minutes I just started outlining essays and saving my time.

I usually start writing it out and then start using shorthand along the way and am ready to look at the answer in 15-20 minutes. On the real thing I'm gonna make sure to barf out every piece of shit I can think of.

OFS. Relevant or not, we've got 3 hours there (in UBE state, sorry bro, I know you're in CA) and nowhere else to be. Whoever is grading my exam should pass me just for effort.

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

Yea, I think we are all a bit worried about that. It's not gonna happen, though. You're going to see all those essays and be like "omg r u serious i know all of this!"

Lol, you're so positive, I like that!

My fear is that my knowledge is patchy on the essays. There are some topics within a subject I'm (relatively speaking, heh, who am I kidding) good at, others, I have a very superficial knowledge. And since NC graders come up with rubrics after they look at everyone else, my fear is that I'll fall towards the bottom. All I want is to get a nice 6.something/10 as an average for my 12 essays.

[brotherdarkness]

My knowledge is patchy, as well. I think everyone's is. Do well on the MBE and balance out one or two bad essays with a few good ones. I don't know wills/trusts very well, but I know I'm not going to get six essays on just that subject.

[buckythebadger]

Anyone do mixed set 3? Question 12 is really bothering me on prexisting duties as consideration. The question said nothing about applying the new traditional rule.

Correct answer says "Under the modern and better view of the Restatement (Second), a promise modifying a duty undera contract not fully performed on either side is binding if the modification is fair and equitable."

I picked "(A) is incorrect because it states the traditional rule and does not take into account the unanticipated circumstances of the embargo."

Why do you do this Barbri?

[diowad]

Fascinating information regarding the MEE predictions

[Good Guy Gaud]

Fascinating information regarding the MEE predictions

Right? I think a handful of us are banking on it

[kyle010723]

Anyone do mixed set 3? Question 12 is really bothering me on prexisting duties as consideration. The question said nothing about applying the new traditional rule.

Correct answer says "Under the modern and better view of the Restatement (Second), a promise modifying a duty undera contract not fully performed on either side is binding if the modification is fair and equitable."

I picked "(A) is incorrect because it states the traditional rule and does not take into account the unanticipated circumstances of the embargo."

Why do you do this Barbri?

It was a real question, not Barbri's. See NCBE Q18

[gretchenweiners]

Anyone do mixed set 3? Question 12 is really bothering me on prexisting duties as consideration. The question said nothing about applying the new traditional rule.

Correct answer says "Under the modern and better view of the Restatement (Second), a promise modifying a duty undera contract not fully performed on either side is binding if the modification is fair and equitable."

I picked "(A) is incorrect because it states the traditional rule and does not take into account the unanticipated circumstances of the embargo."

Why do you do this Barbri?

I was bothered about this question for all the same reasons.

[diowad]

Fascinating information regarding the MEE predictions

Right? I think a handful of us are banking on it

I was particularly intrigued by the fact that Secured has not been tested twice in a row in the last 8 administrations and the fact that only once has more than 1 of Family, Wills, or Trusts have been tested together on the same exam.

[franklyscarlet]

I can't seem to pull together even a semi decent con law essay. Jesus take the wheel.

What areas are throwing you off? FWIW, "predictions" of the MEE this July seem to have con law being a 'maybe' lol

That's comforting!

I find that with all the specific language of con law, I have trouble remembering the rules well enough to put them down for the essays. Take the 1st amendment, for example. I can easily answer a MC question about, say, the 1st amendment as applied to the states through the 1st amendment. But on an essay, all the right words swirl around in my head, but I can't lock them down into a rule statement.

I know that's really vague. Mostly, I'm just frustrated. I should have spent more time on essays.

[LSL]

Anyone mind helping with some sale of goods damages examples? Just having some trouble wrapping my head around 2 of the situations for what these scenarios/damages would look like. For example:

S breaches/B keeps: Buyer recovers [FMV of goods if they'd been delivered perfectly]-[FMV of goods delivered]

B breaches/B keeps: Seller recovers K price.

^^^These two listed above, I think I get well enough as they're pretty straight forward. However, if anyone has real world concrete examples for these other two, I'd be really grateful.

S breaches/S keeps: Buyer recovers [market price at time of discovery]- [K price] OR [replacement price] - [K price]

B breaches/S keeps: S recovers [K price]-Market price at time and place of delivery] or [K price]-[resale price]

[musicfor18]

My worst fear is still not knowing a subject... on most of them, I can write out (or make up enough stuff to write) for 30 mins. But when it is one of the foreign subjects, I can hardly squeeze out more than a sentence or two. This is truly what is stressing me out the most right now...

Yea, I think we are all a bit worried about that. It's not gonna happen, though. You're going to see all those essays and be like "omg r u serious i know all of this!"

Haha, I looked at the past MEEs and I can answer most of them to some extend. But man, some of these Barbri's ones, I stared at them and like what?! For instance, one of the Barbri essay asked about the constitutionality of some injunctions and contempts. I was like huh???

Constitutionality of injunctions and contempt? Did it have to do with prior restraints on speech?

It was an Equity Essay so not an MEE subject. But it had to do with an injunction that was unconstitutional because it violated free speech and association rights. The main part of the question dealt with whether an enjoined person may disobey an unconstitutional injunction.

And what's the answer? I think you can't challenge an injunction if you disobey it, right?

[musicfor18]

Anyone mind helping with some sale of goods damages examples? Just having some trouble wrapping my head around 2 of the situations for what these scenarios/damages would look like. For example:

S breaches/B keeps: Buyer recovers [FMV of goods if they'd been delivered perfectly]-[FMV of goods delivered]

B breaches/B keeps: Seller recovers K price.

^^^These two listed above, I think I get well enough as they're pretty straight forward. However, if anyone has real world concrete examples for these other two, I'd be really grateful.

S breaches/S keeps: Buyer recovers [market price at time of discovery]- [K price] OR [replacement price] - [K price]

B breaches/S keeps: S recovers [K price]-Market price at time and place of delivery] or [K price]-[resale price]

These last two have to do with covering by either buying substitute goods or selling to another buyer. So, if you have a contract to buy 100 shoes from someone for $1000, and the seller breaches by not sending the shoes, you cover by buying them from someone else. If you have to pay more than $1000, the you recover the difference from the original breaching seller. Works the same way in your last scenario, except here the seller sells to a different buyer and recovers is the amount he gets is less than what he would have gotten from the original buyer. Plus, in both situations, the non breaching party can recover incidental damages for the costs involved with covering.

For sales of goods, you're not required to cover, so that's where the market price formula would come into play. If you don't cover, then you measure damages by market price.

[kmp127]

TEXAS WILLS QUESTION PLEASE

Husband dies. Wife dies 24 hours later. Husband had a Life Ins. policy naming wife beneficiary. Husband has a son from previous marriage. Wife has nephew. No one else is involved. Who gets the life ins proceeds and why?

THANK U!