. Forum

[oklahomabreakdown]

Hey everyone,

Is anyone taking the VA bar? If so, would you be willing to share the condensed outlines for the VA specific topics? I've found that they are easier to create flash cards off of, than what Kaplan provides, but I have no friends using Themis who are also taking VA. Thanks.

[Bikeflip]

35/50. Actually did okay on property, well by my standards. 11/17.

[TheBeard]

Good thread. Did okay on today's milestone (37/50), but I can't say the same about the essays. I'm spotting all the issues, but I feel that I haven't retained most of the rules, so I keep having to use my outline to get the rule right. I think I'm going to start making flash cards. Thoughts?

[forza]

*SPOILER: don't read if you haven't taken Milestone Exam #1*

QUESTION 22

Is the refinery's operation necessarily an "unreasonable" intrusion if the refinery is a lot more valuable than dude's mini-golf business? I know I am assuming that, but seems as though the question here also assumes that the intrusion is unreasonable.

[missinglink]

Mixed bag so far for me. I did the graded property exam, and ended up majorly running out of time. I need to work on time management on the essays. I can't seem to find the right line between detail and brevity. I'm also not close to having rules / statements of law memorized well enough. At least issue spotting seems to be going well.

I thought the Milestone Exam was sufficiently hard -- 37/50. That's about what my other MBE question sets average out to so at least it's consistent.

Most problems were missed on Property, which I never learned in law school, and so far, have failed to learn for the bar. I'm at 32% in California -- I started a bit early because I had a lot of dead time and a wedding to go to in early July.

Tomorrow, Crim Pro and Crim Law. I took the former just last semester, so I'm hoping the next week eases up a bit.

[lsatlsat]

*SPOILER: don't read if you haven't taken Milestone Exam #1*

Question 22
Question Text: A gas company built a large refining facility that conformed to zoning requirements on land near a landowner's property. The landowner had his own home and a mini-golf business on his property. In a nuisance action against the gas company, the landowner established that the refinery emitted fumes that made many people feel quite sick when they were outside on his property for longer than a few minutes. The landowner's mini-golf business had greatly declined as a consequence, and the value of his property had gone down markedly. Is the landowner likely to prevail?

Answer Choices:
No, because the landowner has offered no evidence demonstrating that the gas company was negligent.
No, because the refinery conforms to the zoning requirements.
Yes, because the refinery has substantially and unreasonably interfered with the landowner's use and enjoyment of his property.
Yes, because the value of the landowner's property has declined.
Learner Selected Answer: Yes, because the refinery has substantially and unreasonably interfered with the landowner's use and enjoyment of his property.
Correct
Rationale: Answer choice C is correct. To prevail on a nuisance claim, the plaintiff must show that the defendant's activity has substantially and unreasonably interfered with the plaintiff's use and enjoyment of his property. The evidence that there has been a significant decrease in the value of the landowner's property and that his business is suffering a marked decline would support a claim that the intrusion by the gas company is both substantial and unreasonable. Answer choice A is incorrect because a showing of negligent behavior on the part of the defendant is not required to prevail on a nuisance claim. Answer choice B is incorrect. The character of the neighborhood may be considered in evaluating whether a property owner has created a nuisance, but compliance with zoning requirements does not defeat a nuisance claim if the defendant's activity substantially and unreasonably interferes with the landowner's use and enjoyment of his property, which appears to have happened in this case. Answer choice D is incorrect because a mere decline in property value is not enough to establish a nuisance claim.
Subject Outline: TORTS
Chapter: HARMS TO PERSONAL PROPERTY AND LAND
Section: Nuisance

Is the refinery's operation necessarily an "unreasonable" intrusion if the refinery is a lot more valuable than dude's mini-golf business? I know I am assuming that, but seems as though the question here also assumes that the intrusion is unreasonable.

I think it's just the best answer available, because all of the other answer choices misstate the law. Sometimes Themis makes crappy questions, and you just gotta go with whatever is closest. I guess it's good practice for honing those MC skills?

There was another question on the milestone exam that was similar.. it basically just assumed "unreasonable" was satisfied. The question was about a remote electric plant in a rural area that needed a $50 million dollar upgrade to make it a little bit cleaner. This was compared with the harm to a single neighbor who suffered from a lung disease. I thought it was a balancing test, but Themis seems to imply it's not?

[Bikeflip]

*SPOILER: don't read if you haven't taken Milestone Exam #1*

BRO BRAHS DON'T SPOIL

Is the refinery's operation necessarily an "unreasonable" intrusion if the refinery is a lot more valuable than dude's mini-golf business? I know I am assuming that, but seems as though the question here also assumes that the intrusion is unreasonable.

I think it's just the best answer available, because all of the other answer choices misstate the law. Sometimes Themis makes crappy questions, and you just gotta go with whatever is closest. I guess it's good practice for honing those MC skills?

There was another question on the milestone exam that was similar.. it basically just assumed "unreasonable" was satisfied. The question was about a remote electric plant in a rural area that needed a $50 million dollar upgrade to make it a little bit cleaner. This was compared with the harm to a single neighbor who suffered from a lung disease. I thought it was a balancing test, but Themis seems to imply it's not?

I've learned that "close enough" is good enough for Themis' MBE question on reasonableness. It seems like the reasonableness portion of their torts questions is a given. It makes sense, assuming they want to objectively test you on the elements of a torts claim, to assume reasonableness is given and mistake the law in 3 questions.

[forza]

lol, dude quoted it. Sorry, brahs.

[Reinhardt]

The milestone exam's property questions were ridiculous. I got 9 wrong total, but 6 of them from property. I have a tough time imagining the real MBE's property stuff is that bad.

[HETPE3B]

Seriously considering relying solely on the 30-page handout instead of the 100-page outline for Federal Civ Pro (that's not even tested on the MBE). Thoughts?

[Sogui]

Arriving late to the party, had to move all my shit twice in two weeks and deal with all sorts of ancillary bullshit.

After doing some research this seems like my best (only?) option for successful online cramming the NY July exam.

Good news is that I've got an absolutely clear schedule until the exam. Looks like I'll be working weekends.

[Holly Golightly]

Don't worry, you'll be caught up to me in no time.

[locusdelicti]

Karlan is an odd, funny woman. If I commit a crime, I'm calling her.

She and Moby, having lunch together. It would turn into a 4-hour affair.

[Reinhardt]

Seriously considering relying solely on the 30-page handout instead of the 100-page outline for Federal Civ Pro (that's not even tested on the MBE). Thoughts?

Yeah I don't actually see much purpose to reading the massive outlines for essay-only topics.

[Sogui]

Don't worry, you'll be caught up to me in no time.

I appreciate the support, I'm figuring if the "typical" study day is 7-9 hours - making up 3 weeks of missed study is going to test my sanity.

[Agoraphobia]

The 30 page Civ Pro handout meaning the thing they give you when they start the lectures? Or is it a condensed thing we are going to get that's similiar to the Torts, Propety, ConLaw ones we just got?

[Bikeflip]

The 30 page Civ Pro handout meaning the thing they give you when they start the lectures? Or is it a condensed thing we are going to get that's similiar to the Torts, Propety, ConLaw ones we just got?

You got a condensed thing for Civ Pro? I only got them for Con, Torts and Property.

[Agoraphobia]

Arriving late to the party, had to move all my shit twice in two weeks and deal with all sorts of ancillary bullshit.

After doing some research this seems like my best (only?) option for successful online cramming the NY July exam.

Good news is that I've got an absolutely clear schedule until the exam. Looks like I'll be working weekends.

I had a get-together for my firm the other night and was talking to sooo many people doing Barbri who wish they were doing Themis. Especially when I described the way the lectures are short and have little reviews between. I guess they are sitting through three hour lectures? Ughhhhh and most of them aren't even going to the in person lectures anymore. Since Bar Review is going to be awful no matter what, I'm glad I took Themis. So good choice and you will be fine. I know you will catch up.

[HETPE3B]

The 30 page Civ Pro handout meaning the thing they give you when they start the lectures? Or is it a condensed thing we are going to get that's similiar to the Torts, Propety, ConLaw ones we just got?

It's the pdf with blanks to fill in when you watch lectures. Not sure what you mean by "condensed thing." Is there something else?

[HETPE3B]

I really wish Themis gave us the option to download handouts with the blanks filled in. I find myself trying to listen for what goes in the blank instead of paying attention to the rest of the lecture.

[Reinhardt]

I wish Themis would allow regular computer users to download the lectures. It's a beautiful day, and I want to go outside, but I don't have a smartphone.

[Agoraphobia]

It's the pdf with blanks to fill in when you watch lectures. Not sure what you mean by "condensed thing." Is there something else?

Before the milestone exam they emailed us links to 9-12 page outlines for Torts, Property & Conlaw. I think I'll use them to make flashcards. I'm guessing there might be something similar sent for CivPro but am not sure.

[jerwood84]

My jurisdiction limites the character count to 5000. However the model answers on these graded essays are 6000+. So much for that being a model answer.

[Holly Golightly]

Don't worry, you'll be caught up to me in no time.

I appreciate the support, I'm figuring if the "typical" study day is 7-9 hours - making up 3 weeks of missed study is going to test my sanity.

I mean, getting caught up to me is no big accomplishment since I'm also hugely behind, but you will still get there soon. haha

[Bikeflip]

2X broken for anyone else?