Kaplan Bar Review Hangout - July 2015 Exam Forum

[fadedsunrise]

Can someone run through how California PR's duty of Candor to the tribunal even works?

This is from the Cal PR bar notes and its driving me nuts:
California has no exception to confidentiality. California instead adopts a “look the other way” approach. I filled something in during the lecture but its nonsensical.

I can't for the life of me figure out what this is referring to. It doesn't seem to be an actual Cal PR rule, or talked about in the long PR outline.

[redblueyellow]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

[orangecup]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

Glad to see I'm not the only one. I've reviewed Agency/Partnership and Trusts so far, but I still need to look over Secured Trans, Workers Comp/No Fault, and Admin at a bare minimum...

[redblueyellow]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

Glad to see I'm not the only one. I've reviewed Agency/Partnership and Trusts so far, but I still need to look over Secured Trans, Workers Comp/No Fault, and Admin at a bare minimum...

I am "reviewing" wills right now, and I'm three pages into the outline. I've already forgotten what was on page one. Jesus.

[orangecup]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

Glad to see I'm not the only one. I've reviewed Agency/Partnership and Trusts so far, but I still need to look over Secured Trans, Workers Comp/No Fault, and Admin at a bare minimum...

I am "reviewing" wills right now, and I'm three pages into the outline. I've already forgotten what was on page one. Jesus.

We've put in a lot of work so far, so I think it's okay if we have a not-so-productive day here or there.

[robinhoodOO]

Can someone run through how California PR's duty of Candor to the tribunal even works?

This is from the Cal PR bar notes and its driving me nuts:
California has no exception to confidentiality. California instead adopts a “look the other way” approach. I filled something in during the lecture but its nonsensical.

I can't for the life of me figure out what this is referring to. It doesn't seem to be an actual Cal PR rule, or talked about in the long PR outline.

It's my understanding that under the ABA, if you have a believe that your client will purjure him/herself, you have a duty to the Court to inform them of the falsity or not call. In CA, there is no such duty. You are, instead, obligated to avoid questions which will lead to false statements. Further, you can't reveal lies to the Court (breach confidentiality).

Feel free to correct me if anyone else has a better understanding

[fadedsunrise]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

I'm backsliding on MBEs, and I wasn't passing to begin with. 5 wrong in any given set of 10, all subjects.

Edited:

Can someone run through how California PR's duty of Candor to the tribunal even works?

This is from the Cal PR bar notes and its driving me nuts:
California has no exception to confidentiality. California instead adopts a “look the other way” approach. I filled something in during the lecture but its nonsensical.

I can't for the life of me figure out what this is referring to. It doesn't seem to be an actual Cal PR rule, or talked about in the long PR outline.

It's my understanding that under the ABA, if you have a believe that your client will purjure him/herself, you have a duty to the Court to inform them of the falsity or not call. In CA, there is no such duty. You are, instead, obligated to avoid questions which will lead to false statements. Further, you can't reveal lies to the Court (breach confidentiality).

Feel free to correct me if anyone else has a better understanding

So basically, don't (ask) don't tell in CA?

[orangecup]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

I'm backsliding on MBEs, and I wasn't passing to begin with. 5 wrong in any given set of 10, all subjects.

Stay confident! A set of 10 is just too small of a sample size to get worried about.

[robinhoodOO]

This has been the least productive day yet for me. Didn't get started until the afternoon, I've barely memorized any of the flashcards I made yesterday. I wanted to go through and read a ton of model essays today too..... but I think I will just make it a minimum goal to memorize the flashcards today. It's not the end of the world if one day here or there is unproductive

It's 2 pm and I'm only *just* getting "started." So out of it today.

I'm backsliding on MBEs, and I wasn't passing to begin with. 5 wrong in any given set of 10, all subjects.

Edited:

Can someone run through how California PR's duty of Candor to the tribunal even works?

This is from the Cal PR bar notes and its driving me nuts:
California has no exception to confidentiality. California instead adopts a “look the other way” approach. I filled something in during the lecture but its nonsensical.

I can't for the life of me figure out what this is referring to. It doesn't seem to be an actual Cal PR rule, or talked about in the long PR outline.

It's my understanding that under the ABA, if you have a believe that your client will purjure him/herself, you have a duty to the Court to inform them of the falsity or not call. In CA, there is no such duty. You are, instead, obligated to avoid questions which will lead to false statements. Further, you can't reveal lies to the Court (breach confidentiality).

Feel free to correct me if anyone else has a better understanding

So basically, don't (ask) don't tell in CA?

Yes, DOMA

[integralx2]

Does anyone know what the difference is between the "MBE Practice and Questions Answer Book" (the big large book with 1,000+ MBE questions) and the MBE questions you can practice online?

[robinhoodOO]

Does anyone know what the difference is between the "MBE Practice and Questions Answer Book" (the big large book with 1,000+ MBE questions) and the MBE questions you can practice online?

Nothing. It's my understanding they both include similar questions all written by Kaplan.

[odoylerulez]

Yep, my studying is slowly turning worthless.

My MBE is solid, my essay knowledge is so hit and miss and I am losing my drive to do anything about it. I just want to take the exam and get it overwith. I'm probably well in passing range, but I keep dreaming up possible scenarios where I could snatch defeat from the jaws of victory.

I got two Secured Transactions back to back earlier.. one, I probably could have just about one-upped the model answer, the other I had no idea wtf it was about.

Though, the essays where I'm staring at them wondering wtf they are about is more common. Especially with Trusts and Corporations.

[coffeeandcream]

Yep, my studying is slowly turning worthless.

My MBE is solid, my essay knowledge is so hit and miss and I am losing my drive to do anything about it. I just want to take the exam and get it overwith. I'm probably well in passing range, but I keep dreaming up possible scenarios where I could snatch defeat from the jaws of victory.

I got two Secured Transactions back to back earlier.. one, I probably could have just about one-upped the model answer, the other I had no idea wtf it was about.

Though, the essays where I'm staring at them wondering wtf they are about is more common. Especially with Trusts and Corporations.

I'm having the same problem. I feel like I should take practice essays but at the same time, it's so useless when I don't know the MEE subjects well enough to write anything down worthwhile. If I'm lucky I spotted the issue and remembered the rule. If I'm not lucky, then I just spent 8 mins rambling on whatever... half the time it's so far from what they were asking, I don't know what to do.

Anyone have any solutions to this?

[coffeeandcream]

Also, WTF is with the Family Law questions - half of them are about jurisdictional stuff when one party moved out of state, and all I can remember is the Fam Law lecturer talking about how he was skipping those in his lecture. Thanks family law guy. Thanks.

[orangecup]

Also, WTF is with the Family Law questions - half of them are about jurisdictional stuff when one party moved out of state, and all I can remember is the Fam Law lecturer talking about how he was skipping those in his lecture. Thanks family law guy. Thanks.

That's terrible... the NY lecturer covered it, and I've definitely seen it come up on a few past NY exams. The gist of it is that the domicile of one resident is sufficient for a state to render a divorce (the stay-at-home spouse's state must give the decision full faith and credit, but the stay-at-home spouse, if absent, can contest the validity of the procuring spouse's domicile). A state, however, has to have PJ over both parties to impose payment obligations or institute contempt proceedings to enforce those obligations. This generally boils down to minimum contacts. NY has some specific rules on what counts as domicile, so the MEE may as well.

[orangecup]

I've been waking up earlier (up to 8AM now), but I'm just so exhausted. I had to take a nap yesterday. How the hell do I make sure I won't be tired on test day?

[decemberstar82]

I've been waking up earlier (up to 8AM now), but I'm just so exhausted. I had to take a nap yesterday. How the hell do I make sure I won't be tired on test day?

I started a new job two weeks ago, making me go from a 9:30am waking time to 6:45am. It only took about 4 consistent days to get completely used to the earlier wake time. And keep in mind that it's fine if you're tired at/ after 4pm, because the exam will be over by then.

[orangecup]

I've been waking up earlier (up to 8AM now), but I'm just so exhausted. I had to take a nap yesterday. How the hell do I make sure I won't be tired on test day?

I started a new job two weeks ago, making me go from a 9:30am waking time to 6:45am. It only took about 4 consistent days to get completely used to the earlier wake time. And keep in mind that it's fine if you're tired at/ after 4pm, because the exam will be over by then.

That's not too bad. Do you think waking up at ~6:30am everyday is a better idea than slowly winding back the clock 30 minutes each night?

[decemberstar82]

That's not too bad. Do you think waking up at ~6:30am everyday is a better idea than slowly winding back the clock 30 minutes each night?

It was for me, but I've got a serious snooze button problem, so when I tried to slowly wake up earlier before starting my job, I'd only actually get up like 5 minutes earlier each day. And I think it helps getting used to eating breakfast/ having coffee that early, and then stopping by exam time.

[orangecup]

That's not too bad. Do you think waking up at ~6:30am everyday is a better idea than slowly winding back the clock 30 minutes each night?

It was for me, but I've got a serious snooze button problem, so when I tried to slowly wake up earlier before starting my job, I'd only actually get up like 5 minutes earlier each day. And I think it helps getting used to eating breakfast/ having coffee that early, and then stopping by exam time.

Yeah, I have serious snooze problems too. I woke up at 8am today but just took a 3 hour nap because I didn't have the energy.... I think I just have to try for 630am the next few days and hope for the best

[a male human]

I've been waking up earlier (up to 8AM now), but I'm just so exhausted. I had to take a nap yesterday. How the hell do I make sure I won't be tired on test day?

Adrenaline and panic

My hotel had a garbage truck banging on metal for about 2 hours. I couldn't sleep, but I got myself through by realizing I'm taking the bar exam, which is literally a big deal

I tried to take a nap Thursday during lunch time, but these cleaning ladies wouldn't stop chattering right outside my hotel room

However, I only had a PT left, what's another 3 hours? And driving back home after? I could take all the naps I wanted after that

[fadedsunrise]

I've been waking up earlier (up to 8AM now), but I'm just so exhausted. I had to take a nap yesterday. How the hell do I make sure I won't be tired on test day?

B vitamins (especially B2/B3), coffee, periodic cold water on the face, low carb diet? Most of those work for me and I start studying around 8am/8:30am these days. I'm hoping for an adrenaline boost test day too though.

[robinhoodOO]

I've been waking up earlier (up to 8AM now), but I'm just so exhausted. I had to take a nap yesterday. How the hell do I make sure I won't be tired on test day?

I started a new job two weeks ago, making me go from a 9:30am waking time to 6:45am. It only took about 4 consistent days to get completely used to the earlier wake time. And keep in mind that it's fine if you're tired at/ after 4pm, because the exam will be over by then.

That's not too bad. Do you think waking up at ~6:30am everyday is a better idea than slowly winding back the clock 30 minutes each night?

It's my understanding the lunch break is 2 hours (12-2, but you're seated at 1:30). So, we're finished at 5 PM.

[odoylerulez]

Ugh. I'm going the wrong direction now. Only hitting 63% on multiple choice today, when I'd been consistently in the 75-85% range for a couple of weeks. Missing tons due to reading comprehension/misinterpretation issues.

I hope this is normal. My MEE still sucks and I can't afford to be at anything other than high 60s or better on exam day.

[orangecup]

Ugh. I'm going the wrong direction now. Only hitting 63% on multiple choice today, when I'd been consistently in the 75-85% range for a couple of weeks. Missing tons due to reading comprehension/misinterpretation issues.

I hope this is normal. My MEE still sucks and I can't afford to be at anything other than high 60s or better on exam day.

Just a small blip, especially since it's RC fail and not lack of knowledge fail. Take a day off from MBE and hit that essay stuff hard. You got this!