BarBri Bar Review Hangout - July 2015 Exam Forum

[rinkrat19]

Stupid question: do we bubble the MBE answer sheet with pen or pencil?

[musicfor18]

Anyone else feel like it's impossible to know ALL these rules for the essays?

Reading the passing (like 65-70) answers from prior years is kind of scary, they seem to hit the rules pretty accurately... Not totally sure that I can replicate that on Tuesday, especially if it's on CA Evidence or something.

I'm not in CA. I'm assuming they only release a small number of model answers, right? If so, you should keep in mind that they're probably the best answers. There were plenty that passed but didn't do as well. Also, they're all from different applicants. So, a person who nailed one essay may have missed tons of rules on another one.

Anyway, I agree it's not possible to remember every rule.

[kyle010723]

Stupid question: do we bubble the MBE answer sheet with pen or pencil?

My guess is pencil. But in my state, we cannot even bring in our own pen/pencil anyway...

[musicfor18]

Stupid question: do we bubble the MBE answer sheet with pen or pencil?

My guess is pencil. But in my state, we cannot even bring in our own pen/pencil anyway...

Definitely number 2 pencil.

[gmail]

I am concerned that the Studysmart MBE questions are often decided on the most minute distinctions of law that will not be tested on the actual bar. Am I just a whiny little, underperforming bitch, or am I right here?

Yes. Barbri "studysmart" has that "makes shit up" quality about it. Some in the printed sets aren't much better (When has the 13th Amendment *ever* been the right answer?). Mixed sets progressively get harder and harder (trying to fine tune the distinctions?). At this point, get the ~35Q's per topic of decommissioned questions and plow through those if you need something to practice on.

Yesterday I rage-quit studysmart ...TWICE. You are not alone. Barbri is a sadistic bitch.

thank you!! I need this!!! Barbri makes me feel like an idiot for not knowing theres a SoF exception for options to buy attached to leaseholds---if i ever have a client who walks in holding a 21+ year lease I am going to drop kick his ass.

[gretchenweiners]

Is a prior conviction of a crime involving dishonesty always admissible to impeach a witness / never in the court's discretion, even if it's more than 10 years old? Or does it passing the 10-year threshold remove the auto-admissible part and make it probably too remote or at least make it an issue for the judge to decide?

[charlesxavier]

Is a prior conviction of a crime involving dishonesty always admissible to impeach a witness / never in the court's discretion, even if it's more than 10 years old? Or does it passing the 10-year threshold remove the auto-admissible part and make it probably too remote or at least make it an issue for the judge to decide?

10 year threshold applies to all convictions--whether felony or dishonesty.

[Tiago Splitter]

Anyone else feel like it's impossible to know ALL these rules for the essays?

Reading the passing (like 65-70) answers from prior years is kind of scary, they seem to hit the rules pretty accurately... Not totally sure that I can replicate that on Tuesday, especially if it's on CA Evidence or something.

I'm not in CA. I'm assuming they only release a small number of model answers, right? If so, you should keep in mind that they're probably the best answers. There were plenty that passed but didn't do as well. Also, they're all from different applicants. So, a person who nailed one essay may have missed tons of rules on another one.

Anyway, I agree it's not possible to remember every rule.

yeah just keep in mind you'll probably end up with a variety of scores in the 55-70 range. Handle your PTs, do solidly on the MBE, and you'll be fine in that range. Chances are we'll all get an essay we feel really good about.

[gretchenweiners]

Is a prior conviction of a crime involving dishonesty always admissible to impeach a witness / never in the court's discretion, even if it's more than 10 years old? Or does it passing the 10-year threshold remove the auto-admissible part and make it probably too remote or at least make it an issue for the judge to decide?

10 year threshold applies to all convictions--whether felony or dishonesty.

thank you!

[kyle010723]

Anti-Lapse Statute, surviving residuary beneficiaries rule, class gift rule of construction, class closing rule... yea, not going to happen

[musicfor18]

Anti-Lapse Statute, surviving residuary beneficiaries rule, class gift rule of construction, class closing rule... yea, not going to happen

How about whether the anti-lapse statute applies to gifts to adopted-out children.

[Good Guy Gaud]

In the mini reviews, Guzman suggests that he believes the civ pro portions won't be too hard because the examiners don't have enough data to test the very difficult issues...

I SHORE HOAP HE IS WRITE

[robinhoodOO]

Is a prior conviction of a crime involving dishonesty always admissible to impeach a witness / never in the court's discretion, even if it's more than 10 years old? Or does it passing the 10-year threshold remove the auto-admissible part and make it probably too remote or at least make it an issue for the judge to decide?

10 year threshold applies to all convictions--whether felony or dishonesty.

thank you!

The 10 year limit is not hard and fast. I believe prior convictions may still come in subject to balancing (probative value v. prejudicial effect). See Rule 609(b)

Also, it's 10 years after release OR conviction (whichever is later).

[kyle010723]

Anti-Lapse Statute, surviving residuary beneficiaries rule, class gift rule of construction, class closing rule... yea, not going to happen

How about whether the anti-lapse statute applies to gifts to adopted-out children.

Ughhh, I know nothing...

[victortsoi]

In the mini reviews, Guzman suggests that he believes the civ pro portions won't be too hard because the examiners don't have enough data to test the very difficult issues...

I SHORE HOAP HE IS WRITE

someone in another thread said that they were kind of similar to the adaptibar evidence fact patterns, really short 2 liners testing a basic thing.

[kyle010723]

In the mini reviews, Guzman suggests that he believes the civ pro portions won't be too hard because the examiners don't have enough data to test the very difficult issues...

I SHORE HOAP HE IS WRITE

Note, that video was recorded before the Feb exam.

[Good Guy Gaud]

In the mini reviews, Guzman suggests that he believes the civ pro portions won't be too hard because the examiners don't have enough data to test the very difficult issues...

I SHORE HOAP HE IS WRITE

Note, that video was recorded before the Feb exam.

Yea, good call.

[Good Guy Gaud]

In the mini reviews, Guzman suggests that he believes the civ pro portions won't be too hard because the examiners don't have enough data to test the very difficult issues...

I SHORE HOAP HE IS WRITE

someone in another thread said that they were kind of similar to the adaptibar evidence fact patterns, really short 2 liners testing a basic thing.

Woo! Hope that holds true to this exam

[kyle010723]

In the mini reviews, Guzman suggests that he believes the civ pro portions won't be too hard because the examiners don't have enough data to test the very difficult issues...

I SHORE HOAP HE IS WRITE

someone in another thread said that they were kind of similar to the adaptibar evidence fact patterns, really short 2 liners testing a basic thing.

Woo! Hope that holds true to this exam

But then why were the model questions so hard...?!

[victortsoi]

not remembering anything state related (NY). How bad is a 45 on an essay?

[ash0117]

I'm feeling ok about the MBE. But my state subjects are killing me. I'm in a 50/50 MBE/ essay jdx (fl) and I'm just so scared I'll know nothing for the essays. I don't think I know the rules solidly enough.

Also fuck my patents for saying "you'll pass, you've studied so hard. And if you don't, it will be okay." No it won't be fucking ok. / end rant.

[redblueyellow]

Is a prior conviction of a crime involving dishonesty always admissible to impeach a witness / never in the court's discretion, even if it's more than 10 years old? Or does it passing the 10-year threshold remove the auto-admissible part and make it probably too remote or at least make it an issue for the judge to decide?

10 year threshold applies to all convictions--whether felony or dishonesty.

thank you!

The 10 year limit is not hard and fast. I believe prior convictions may still come in subject to balancing (probative value v. prejudicial effect). See Rule 609(b)

Also, it's 10 years after release OR conviction (whichever is later).

Does the CEC/Prop 8 have a 10 year thing as well? Leansheets doesn't say anything about it, but does explicitly mention it for FRE.

[gmail]

anyone know how to get my percentile rank to appear in studysmart MBE? is there a minimum # of Qs I need to answer? right now it comes up blank.

[redblueyellow]

I'm feeling ok about the MBE. But my state subjects are killing me. I'm in a 50/50 MBE/ essay jdx (fl) and I'm just so scared I'll know nothing for the essays. I don't think I know the rules solidly enough.

Also fuck my patents for saying "you'll pass, you've studied so hard. And if you don't, it will be okay." No it won't be fucking ok. / end rant.

People throw this out like it's candy. Yea, I guess it'll be OK if you're 1% and don't need the ESQ for a job, but for everyone else, not so much. It really should be something like "And if you don't, chin up, and try again."

[kyle010723]

anyone know how to get my percentile rank to appear in studysmart MBE? is there a minimum # of Qs I need to answer? right now it comes up blank.

It says updated nightly, so wait till tomorrow to check?