February 2015 Bar Exam Forum

crit_racer · Post by **crit_racer** » Fri Feb 20, 2015 11:20 am

^thanks y'all

numbertwo88 · Post by **numbertwo88** » Fri Feb 20, 2015 3:47 pm

I'm legit going to cry if commercial paper shows up on the exam next week. Or maybe I'll just faint and pass out. It's definitely likely.

cooperlaserpup · Post by **cooperlaserpup** » Fri Feb 20, 2015 4:13 pm

Anyone else just totally out of steam? There is WAY more I should be doing....but I often find myself just staring at my task list....then refreshing reddit, getting a snack, petting the cat, then BOOM I look up and its two hours later and I've gotten nothing done. I also feel like I could nap all day if I let myself. this whole process is simultaneously lazy and exhausting.

Taking a break. Getting my nails done. When I come back, I am PLOWING 10 practice essays and a set of 100 MBES. PLOWING THEM I SAY.

numbertwo88 · Post by **numbertwo88** » Fri Feb 20, 2015 4:18 pm

cooperlaserpup wrote:Anyone else just totally out of steam? There is WAY more I should be doing....but I often find myself just staring at my task list....then refreshing reddit, getting a snack, petting the cat, then BOOM I look up and its two hours later and I've gotten nothing done. I also feel like I could nap all day if I let myself. this whole process is simultaneously lazy and exhausting.

Taking a break. Getting my nails done. When I come back, I am PLOWING 10 practice essays and a set of 100 MBES. PLOWING THEM I SAY.

I am feeling out of steam but then I remind myself, I cannot do this again. I was trying to do 8 - 10 hours a day but I'm doing about 6 to 7 hours instead. Sunday, Monday, and Tuesday I'll review all day long and hope to hit maybe 9 hours. I know people say break the day before but at this point I'm like why? Might as well keep on keeping on.

I'm jealous of your nail break - I stopped getting manicures about 3 weeks ago

Trust and believe after the exam ends next Thursday, my 1st stop will be a manicure.

sparty99 · Post by **sparty99** » Fri Feb 20, 2015 4:20 pm

numbertwo88 wrote:I'm legit going to cry if commercial paper shows up on the exam next week. Or maybe I'll just faint and pass out. It's definitely likely.

sparty99 · Post by **sparty99** » Fri Feb 20, 2015 4:21 pm

numbertwo88 wrote:
cooperlaserpup wrote:Anyone else just totally out of steam? There is WAY more I should be doing....but I often find myself just staring at my task list....then refreshing reddit, getting a snack, petting the cat, then BOOM I look up and its two hours later and I've gotten nothing done. I also feel like I could nap all day if I let myself. this whole process is simultaneously lazy and exhausting.

Taking a break. Getting my nails done. When I come back, I am PLOWING 10 practice essays and a set of 100 MBES. PLOWING THEM I SAY.
I am feeling out of steam but then I remind myself, I cannot do this again. I was trying to do 8 - 10 hours a day but I'm doing about 6 to 7 hours instead. Sunday, Monday, and Tuesday I'll review all day long and hope to hit maybe 9 hours. I know people say break the day before but at this point I'm like why? Might as well keep on keeping on.

I'm jealous of your nail break - I stopped getting manicures about 3 weeks ago Trust and believe after the exam ends next Thursday, my 1st stop will be a manicure.

Your exam isn't Tuesday and Wednesday?

numbertwo88 · Post by **numbertwo88** » Fri Feb 20, 2015 4:24 pm

sparty99 wrote:
numbertwo88 wrote:
cooperlaserpup wrote:Anyone else just totally out of steam? There is WAY more I should be doing....but I often find myself just staring at my task list....then refreshing reddit, getting a snack, petting the cat, then BOOM I look up and its two hours later and I've gotten nothing done. I also feel like I could nap all day if I let myself. this whole process is simultaneously lazy and exhausting.

Taking a break. Getting my nails done. When I come back, I am PLOWING 10 practice essays and a set of 100 MBES. PLOWING THEM I SAY.
I am feeling out of steam but then I remind myself, I cannot do this again. I was trying to do 8 - 10 hours a day but I'm doing about 6 to 7 hours instead. Sunday, Monday, and Tuesday I'll review all day long and hope to hit maybe 9 hours. I know people say break the day before but at this point I'm like why? Might as well keep on keeping on.

I'm jealous of your nail break - I stopped getting manicures about 3 weeks ago Trust and believe after the exam ends next Thursday, my 1st stop will be a manicure.
Your exam isn't Tuesday and Wednesday?

Nope, in MA it's Wednesday and Thursday. I feel like a lot of States are Tuesday/Wednesday

JoanSloan · Post by **JoanSloan** » Fri Feb 20, 2015 4:41 pm

I spent all day yesterday looking through Barbri essay exams. After the third essay with misstated law, I just tossed the thing and listened to some lectures.

It's a lot more useful to review the BLL, so that's what I'll be doing until game day. Except for Sunday. I'm taking the day off, because if there's anything I've learned from running, it's that rest days matter.

Good luck, y'all!
May the Bar Gods be merciful...

fslexcduck · Post by **fslexcduck** » Fri Feb 20, 2015 4:55 pm

OK, question on federal venue: I think Themis is just blatantly wrong here, but I could entertain the idea that I'm missing something. I thought foreign country defendants had to be sued where the cause of action arose if it arose in the US. Anyone know the answer?

Venue under United States Law:

(b) Venue in General.— A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Venue, under Themis law:

A jeweler who is a citizen and resident of a foreign country brought some jewels into the United States to sell at a convention. A buyer purchased the jewels from the jeweler, whom he had not previously met, but whom he knew by reputation to be an honest businessperson. Subsequently, the buyer discovered that the jeweler had misrepresented the quality of the jewels. The buyer has filed an action in the federal court for the district in which he resides against the jeweler based on a state law claim of misrepresentation. The convention had been held in another state. The jeweler has timely filed a motion to dismiss this action based on lack of subject matter and personal jurisdiction, as well as improper venue. The court properly determined that it has subject matter and personal jurisdiction.

Should the court grant the motion as it relates to improper venue?

Answers:

Correct Answer: No, because a nonresident of the United States may be sued in any judicial district.
...
You Selected: Yes, because the cause of action arose in another state.

46-and-2 · Post by **46-and-2** » Fri Feb 20, 2015 5:01 pm

What is "secured transaction"?

cooperlaserpup · Post by **cooperlaserpup** » Fri Feb 20, 2015 5:23 pm

fslexcduck wrote:OK, question on federal venue: I think Themis is just blatantly wrong here, but I could entertain the idea that I'm missing something. I thought foreign country defendants had to be sued where the cause of action arose if it arose in the US. Anyone know the answer?

Venue under United States Law:

(b) Venue in General.— A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Venue, under Themis law:

A jeweler who is a citizen and resident of a foreign country brought some jewels into the United States to sell at a convention. A buyer purchased the jewels from the jeweler, whom he had not previously met, but whom he knew by reputation to be an honest businessperson. Subsequently, the buyer discovered that the jeweler had misrepresented the quality of the jewels. The buyer has filed an action in the federal court for the district in which he resides against the jeweler based on a state law claim of misrepresentation. The convention had been held in another state. The jeweler has timely filed a motion to dismiss this action based on lack of subject matter and personal jurisdiction, as well as improper venue. The court properly determined that it has subject matter and personal jurisdiction.

Should the court grant the motion as it relates to improper venue?

Answers:

Correct Answer: No, because a nonresident of the United States may be sued in any judicial district.
...
You Selected: Yes, because the cause of action arose in another state.

I think if I'm understanding your question you are possibly over thinking it. Since he is subject to personal jurisdiction, 3b applies. I think their statement of the law would be better if it said "No, because a non resident may be sued in any judicial district that can exercise personal jurisdiction over the defendant." On these facts, we don't even know if the convention took place in the same judicial district, we only know it was another state. Don't forget districts span several states, so that wasn't likely to be the answer here. But, 3b tells you they can be sued any where there is PJ, so that gives you a heads up to go for that answer.

It is definitely a poorly worded question.

underthirty · Post by **underthirty** » Fri Feb 20, 2015 5:26 pm

cooperlaserpup · Post by **cooperlaserpup** » Fri Feb 20, 2015 5:27 pm

underthirty wrote:
fslexcduck wrote:OK, question on federal venue: I think Themis is just blatantly wrong here, but I could entertain the idea that I'm missing something. I thought foreign country defendants had to be sued where the cause of action arose if it arose in the US. Anyone know the answer?

Venue under United States Law:

(b) Venue in General.— A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Venue, under Themis law:

A jeweler who is a citizen and resident of a foreign country brought some jewels into the United States to sell at a convention. A buyer purchased the jewels from the jeweler, whom he had not previously met, but whom he knew by reputation to be an honest businessperson. Subsequently, the buyer discovered that the jeweler had misrepresented the quality of the jewels. The buyer has filed an action in the federal court for the district in which he resides against the jeweler based on a state law claim of misrepresentation. The convention had been held in another state. The jeweler has timely filed a motion to dismiss this action based on lack of subject matter and personal jurisdiction, as well as improper venue. The court properly determined that it has subject matter and personal jurisdiction.

Should the court grant the motion as it relates to improper venue?

Answers:

Correct Answer: No, because a nonresident of the United States may be sued in any judicial district.
...
You Selected: Yes, because the cause of action arose in another state.
Themis is right. I think this is the case of you knowing enough law to get it wrong. Everything you wrote about venue under US law is correct. However, you needed one more rule: Foreign nationals may be sued in any judicial district. This rule is a part of the residency determination. A foreign national is considered to reside in any judicial district. Therefore, when deciding the proper venue, you would stop at (b)(1) A civil action may be brought in a judicial district in which any defendant resides, since the foreign national is a resident of any district. Thus, your analysis would end, and you would not move on to (b)(2) A civil action may be brought in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.

JK, this sounds way more correct than what I said.

underthirty · Post by **underthirty** » Fri Feb 20, 2015 5:32 pm

fslexcduck · Post by **fslexcduck** » Fri Feb 20, 2015 5:33 pm

underthirty wrote: Themis is right. I think this is the case of you knowing enough law to get it wrong. Everything you wrote about venue under US law is correct. However, you needed one more rule: Foreign nationals may be sued in any judicial district. This rule is a part of the residency determination. A foreign national is considered to reside in any judicial district. Therefore, when deciding the proper venue, you would stop at (b)(1) A civil action may be brought in a judicial district in which any defendant resides, since the foreign national is a resident of any district. Thus, your analysis would end, and you would not move on to (b)(2) A civil action may be brought in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.

AHA! That's it! Foreign nationals "reside" in any judicial district, for the purposes of (b)(1) basically is what you're saying. Thank you.

OK, so what is the purpose of (b)(3) then? Like when could it ever arise that there's no judicial district and no residence? Would it only be if at least one defendant were from the US and not all resided in same place, AND the claim arose in a foreign country?

BeachedBrit · Post by **BeachedBrit** » Fri Feb 20, 2015 5:42 pm

fslexcduck wrote:
underthirty wrote:

OK, so what is the purpose of (b)(3) then? Like when could it ever arise that there's no judicial district and no residence? Would it only be if at least one defendant were from the US and not all resided in same place, AND the claim arose in a foreign country?

A is suing B and C for wrongful death in a car accident that took place in Italy.

A is from N.D.NY
B is from W.D.TX
C is from WA

fslexcduck · Post by **fslexcduck** » Fri Feb 20, 2015 5:46 pm

BeachedBrit wrote:
fslexcduck wrote:
underthirty wrote:

OK, so what is the purpose of (b)(3) then? Like when could it ever arise that there's no judicial district and no residence? Would it only be if at least one defendant were from the US and not all resided in same place, AND the claim arose in a foreign country?
A is suing B and C for wrongful death in a car accident that took place in Italy.

A is from N.D.NY
B is from W.D.TX
C is from WA

ya, got it, thanks for the help! glad to have that resolved. amazing how missing one sub-rule can throw everything off.

underthirty · Post by **underthirty** » Fri Feb 20, 2015 5:48 pm

cooperlaserpup · Post by **cooperlaserpup** » Fri Feb 20, 2015 5:50 pm

underthirty wrote:
cooperlaserpup wrote:I think if I'm understanding your question you are possibly over thinking it. Since he is subject to personal jurisdiction, 3b applies. I think their statement of the law would be better if it said "No, because a non resident may be sued in any judicial district that can exercise personal jurisdiction over the defendant." On these facts, we don't even know if the convention took place in the same judicial district, we only know it was another state. Don't forget districts span several states, so that wasn't likely to be the answer here. But, 3b tells you they can be sued any where there is PJ, so that gives you a heads up to go for that answer.

It is definitely a poorly worded question.
I'm sure it's a typo, but just a heads up if not: A judicial district exists in only one state or a part of a single state. Think Eastern District of New York or Southern District of California. It is the circuit courts that cover multiple states.

yes you're right I didn't explain that right. I meant to say that since venue is wholly within the state, then you can know that the fact that the issue took place in another state is irrelevant because the issue is whether you're in the correct district within the state.....I'm once again not explaining myself well. Basically it was how I logic-ed that the answer she chose couldn't have been correct without knowing the law flat out. This type of tom foolery got me 148 MBE last time so I'm hoping it holds up this time as well!

In other news, I got 7/10 of NCBE's example civ pro questions, and the 8th I should have gotten right if I read it more carefully. I'm only averaging in the 60s with Themis so I'm hopeful the real questions are much easier.

ilovetypos · Post by **ilovetypos** » Fri Feb 20, 2015 6:50 pm

I suddenly feel like I just don't "get" con law. How can I not let this get to me? I don't want to freak myself out

Why is this such an exhausting and awful process?

cooperlaserpup · Post by **cooperlaserpup** » Fri Feb 20, 2015 7:03 pm

ilovetypos wrote:I suddenly feel like I just don't "get" con law. How can I not let this get to me? I don't want to freak myself out Why is this such an exhausting and awful process?

you know it. its just a brain fart. relax and don't do any more conlaw until tomorrow.

minnbills · Post by **minnbills** » Fri Feb 20, 2015 7:14 pm

I am def running out of steam too. Have had a very light day so far. Did a set of barbri conlaw Qs this morning (50%, whatev), then read an MPT set to get a feel for it. Took the GF out for lunch.

Right now I'm just reviewing each subject. Going to do a couple of MBE sets and outline some essays tonight. Tomorrow will be a lighter day too, then Sunday is my last big study day to tie everything up. I will do very very little the day before the exam. Whoever above said rest days matter is absolutely right. I don't feel sharp right now. Getting my head in the game is probably the biggest factor in my success on this thing. At this point I feel like I know what I need to now and now it's about execution.

ilovetypos · Post by **ilovetypos** » Fri Feb 20, 2015 7:23 pm

Thanks guys. Let's do this!! By this time next week, we will be getting ready to enjoy a good start to the weekend that will not involve bar study.

46-and-2 · Post by **46-and-2** » Fri Feb 20, 2015 7:43 pm

Pairing an IPA with a crim pro review. Wild Friday night.

crit_racer · Post by **crit_racer** » Fri Feb 20, 2015 8:16 pm

Omg commercial paper. Fucking kill me. I'm quite honestly getting worse at this shit with every passing day. My head is mush.

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