Themis Bar Review Hangout - July 2015 Exam Forum

[zot1]

The MEE Milestone 1 was such a pain! I am curious if someone can help me with one of the torts question:

[+] Spoiler

I finally saw this feature and decided this was an appropriate use.

In the torts essay, the question said that the team "owned and maintained" the park. As such, this triggered the landlord issue of liability to third parties off property for me. However, the model answer addressed vicarious liability instead. Did anyone else think the landlord liability was a possible issue? Why or why not?

It's hard to assess essays sometimes because the model answer does not clearly tell us whether we got something right or not

Thanks!

[EyeTwitchAllSummer]

California- checking in.

[habz]

I am curious if anyone else is finding that reading the big outline before watching the lectures is marginally helpful at most

[VicariouslySuperior]

I am curious if anyone else is finding that reading the big outline before watching the lectures is marginally helpful at most

I found reading the big outline before to be a waste of time but reading the big outline after the lectures has helped a lot.

[sd5289]

I am curious if anyone else is finding that reading the big outline before watching the lectures is marginally helpful at most

For sure.

I do the lectures first, and then go back over the long outlines to catch any big things I've missed. Everything else I'm picking up from the MBE practice questions and answer explanations.

[zor]

How far along are NYers?

Only 18%

Me too! I'm a week behind because of graduation and moving. It's OK, we'll make it!

[aladdinismyprince]

If anyone is taking the Florida bar, could you PM me? I must have saved the lecture handout for "Introduction to the Florida Bar" incorrectly, because only about half of the blanks are filled in for me. I would be eternally grateful!

[Worker and Parasite]

Not understanding this Torts MBE about alligators....

[+] Spoiler

Prompt: Owner keeps alligator in pen in front yard. Bystander walks by, gets scared, falls over and hits his knee or whatever.

Rule/Answer: Strict liability also applies to an injury caused by a plaintiff’s fearful reaction to the sight of an unrestrained wild animal. In this case, although the defendant owned a wild animal, she is not strictly liable for the injury caused by the plaintiff’s fearful reaction to the sight of the alligator because the alligator was not roaming free, but instead was confined within a pen.

I didn't see that at all in the Long Outline....I thought fearful reactions to wild animals are Strictly Liable despite restraints or warnings.

[smalogna]

Alright writing out a full MPT is the biggest time suck ever! and it's only 10% of the NY score. I also need to balance out a little better I was going through the facts and only had 35 minutes left so panicked and didn't pick up on the major thing you were supposed to argue in the closing argument. I hope when they say practice is the only way to improve they really mean it.

[MarcZero]

Trying to get through all of the MBE evidence lectures today and I am stalling out at Hearsay (Chapter 11 of 17). The presenter is a nice enough guy and uses a lot of examples, but all of the lectures are longer than the 20 minutes or so he says he tries to make them. Chapter 11 is 27 minutes long for example. I'm trying to actively learn this stuff and not just mindlessly fill in the blanks so I forget it all tomorrow. This bar studying is certainly a marathon and as a former 3L, I'm very out of shape.

Also, he REALLY hopes you did well on your assessment questions.

[kjartan]

Right now I'm trying to learn torts, remedies, and crim law at the same time.

[texlaw]

Not understanding this Torts MBE about alligators....

[+] Spoiler

Prompt: Owner keeps alligator in pen in front yard. Bystander walks by, gets scared, falls over and hits his knee or whatever.

Rule/Answer: Strict liability also applies to an injury caused by a plaintiff’s fearful reaction to the sight of an unrestrained wild animal. In this case, although the defendant owned a wild animal, she is not strictly liable for the injury caused by the plaintiff’s fearful reaction to the sight of the alligator because the alligator was not roaming free, but instead was confined within a pen.

I didn't see that at all in the Long Outline....I thought fearful reactions to wild animals are Strictly Liable despite restraints or warnings.

[+] Spoiler

I don't understand it either. Actually the fact pattern said the alligator was merely behind a fence. Only the answer choice said anything about being kept in a pen. I think this makes it less likely that the correct answer is actually correct.

[Worker and Parasite]

Not understanding this Torts MBE about alligators....

[+] Spoiler

Prompt: Owner keeps alligator in pen in front yard. Bystander walks by, gets scared, falls over and hits his knee or whatever.

Rule/Answer: Strict liability also applies to an injury caused by a plaintiff’s fearful reaction to the sight of an unrestrained wild animal. In this case, although the defendant owned a wild animal, she is not strictly liable for the injury caused by the plaintiff’s fearful reaction to the sight of the alligator because the alligator was not roaming free, but instead was confined within a pen.

I didn't see that at all in the Long Outline....I thought fearful reactions to wild animals are Strictly Liable despite restraints or warnings.

[+] Spoiler

I don't understand it either. Actually the fact pattern said the alligator was merely behind a fence. Only the answer choice said anything about being kept in a pen. I think this makes it less likely that the correct answer is actually correct.

I'm going to send Themis a message and I'll update this thread when I get an answer. Yeah that's a strange discrepancy.

[Worker and Parasite]

Not understanding this Torts MBE about alligators....

[+] Spoiler

Prompt: Owner keeps alligator in pen in front yard. Bystander walks by, gets scared, falls over and hits his knee or whatever.

Rule/Answer: Strict liability also applies to an injury caused by a plaintiff’s fearful reaction to the sight of an unrestrained wild animal. In this case, although the defendant owned a wild animal, she is not strictly liable for the injury caused by the plaintiff’s fearful reaction to the sight of the alligator because the alligator was not roaming free, but instead was confined within a pen.

I didn't see that at all in the Long Outline....I thought fearful reactions to wild animals are Strictly Liable despite restraints or warnings.

[+] Spoiler

I don't understand it either. Actually the fact pattern said the alligator was merely behind a fence. Only the answer choice said anything about being kept in a pen. I think this makes it less likely that the correct answer is actually correct.

I'm going to send Themis a message and I'll update this thread when I get an answer. Yeah that's a strange discrepancy.

From a common sense standpoint I guess it makes sense (thinking about zoos and stuff)

[smalogna]

Con law guy is growing on me, "federal powers are superior...that was essentially the point of the civil war." Classic.

[PepsiMinimum]

Trying to get through all of the MBE evidence lectures today and I am stalling out at Hearsay (Chapter 11 of 17). The presenter is a nice enough guy and uses a lot of examples, but all of the lectures are longer than the 20 minutes or so he says he tries to make them. Chapter 11 is 27 minutes long for example. I'm trying to actively learn this stuff and not just mindlessly fill in the blanks so I forget it all tomorrow. This bar studying is certainly a marathon and as a former 3L, I'm very out of shape.

Also, he REALLY hopes you did well on your assessment questions.

Yeah, it would be really nice if they structured Evidence more like Property. 25 Chapters - but each one is shorter. These long ones are brutal. Themis wants me to do Ch. 8-17 tonight. On a scale from 1-even, I can't.

He is doing a good job though. I wonder if there is anyone who actually finds the actual Rule #'s useful though.

[kgus22]

Not understanding this Torts MBE about alligators....

[+] Spoiler

Prompt: Owner keeps alligator in pen in front yard. Bystander walks by, gets scared, falls over and hits his knee or whatever.

Rule/Answer: Strict liability also applies to an injury caused by a plaintiff’s fearful reaction to the sight of an unrestrained wild animal. In this case, although the defendant owned a wild animal, she is not strictly liable for the injury caused by the plaintiff’s fearful reaction to the sight of the alligator because the alligator was not roaming free, but instead was confined within a pen.

I didn't see that at all in the Long Outline....I thought fearful reactions to wild animals are Strictly Liable despite restraints or warnings.

[+] Spoiler

I don't understand it either. Actually the fact pattern said the alligator was merely behind a fence. Only the answer choice said anything about being kept in a pen. I think this makes it less likely that the correct answer is actually correct.

I'm going to send Themis a message and I'll update this thread when I get an answer. Yeah that's a strange discrepancy.

From a common sense standpoint I guess it makes sense (thinking about zoos and stuff)

The tortfeasor is only strictly liable for injuries from a plaintiff's fearful reaction to an UNRESTRAINED wild animal. Because it was restrained, even though it was a wild animal, he isn't liabile for injuries due to a fearful reaction. If the alligator was unrestrained but just chilling in the yar napping and the plaintiff had a fearful reaction, then he would be strictly liable because he was unrestrained.

I got this one wrong too and it took me a while to figure it out.

[HND]

Right now I'm trying to learn torts, remedies, and crim law at the same time.

I am in the same boat. I fell behind and I feel I will never catch up.

[PepsiMinimum]

Right now I'm trying to learn torts, remedies, and crim law at the same time.

I am in the same boat. I fell behind and I feel I will never catch up.

I'm at 34% and I still feel doomed.

[LetsGoLAW]

For the most part, I am utilizing Flex Study, but I am staying on par with my suggested pace. At this point, I am meeting the goal of scoring 55%-60% or higher on the M.B.E. questions. However, i know I need 60-65% on the M.B.E. to be safe. My study strategy involves reading through the large outline, going through the lectures and assessments, making my own outline, and then taking M.B.E. practice questions. Is this strategy sufficient? How can I increase my score a bit? I feel like my knowledge of the law is not 100%.

[anon sequitur]

if you do a question set in flex study mode and have it just give you 1 question, can you just never see the rest of the questions? It says the set is finished and I can review the question I did but can't find any way to see the rest of them or reset the question set.

[TheBeard]

California, checking in. Working full time so I started a month ahead of everyone, somehow only at 38% in June.

[Velours]

I'm pretty sure if you don't do the full amount of questions by selecting less than 34 you won't be able to see the rest of them. It mentioned that in one of the introduction things, but I can't recall which one. The milestone exam said if you accidentally exit it early you can email them and they will reopen it. So if you wanted to access those extra questions you might be able to email them and have them reopen the assignment.

[Pleasye]

if you do a question set in flex study mode and have it just give you 1 question, can you just never see the rest of the questions? It says the set is finished and I can review the question I did but can't find any way to see the rest of them or reset the question set.

You have to email them and ask them to unlock the rest of the questions. Next time, just open the set as if you're going to do the full thing and close out of it when you want to stop. It will let you open it back up when you come back to it and save your answers and time.

[anon sequitur]

thanks for the tip. Glad they make it so you have to e-mail tech support, we couldn't handle that terrible responsibility on our own.