. Forum

[TheBeard]

I noticed that, too! He doesn't clarify or give examples. He just reads the worksheet outline.

He's the worse. I swear, he annoys the crap out of me.

[Agoraphobia]

Does anyone but me think that my time would be better spent doing practice questions and reading explanations than reading outlines? The outlines are often gibberish to me. Even reviewing the notes and handouts feel like a waste of time. But I really feel like I start to understand more and more by doing practice questions. I will give you an example - the fact that a contract merges into the deed and that you can only sue on the deed, not the contract, post-delivery of the deed. I learned that through practice questions, not the outline or the lecure. Thoughts...?

[bgdddymtty]

*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.

New to the party here (taking Barbri) and I know the discussion of this question is a few days old, but hopefully this helps. Remember that all you have to go on, factually, is what's contained within the question, so the writers are going to try to make it pretty clear whether a given standard is met by the facts. Here, the landowner established (i.e., proved) that many people were getting sick when they spent more than a few minutes outside on his property. Given that that's precisely the normal use of a mini-golf course, it's likely to be considered substantial and unreasonable. The fact that he's lost a bunch of business over it is also good evidence of the substantial nature of the intrusion (though not of its unreasonableness, which is why D is wrong).

Keep in mind that the question-writers are going to try not to give you any close calls, unless it's a question about why a directed verdict shouldn't be granted or something like that. If they give you several facts that point to one conclusion and none that point to the opposite one, that's the conclusion they're expecting you to draw. Go with it.

As for the matter of the relative values of each piece of property, you do balance the good done by the defendant against the harm suffered by the plaintiff, but the plaintiff still has the right of reasonable use and enjoyment of his property. Most of these questions come out the way that seems fair. It's highly unlikely they'll ask a question where the answer is that Joe Residential has to suck it up because the good that Corporate America Factory is doing outweighs the soot that the factory is dumping on Joe's lawn. Don't go against what seems fair.*

*Exception: devises in Real Property; there, the rules are all that matters, and no one cares about the donor's intent

[CaliBum]

Does anyone but me think that my time would be better spent doing practice questions and reading explanations than reading outlines? The outlines are often gibberish to me. Even reviewing the notes and handouts feel like a waste of time. But I really feel like I start to understand more and more by doing practice questions. I will give you an example - the fact that a contract merges into the deed and that you can only sue on the deed, not the contract, post-delivery of the deed. I learned that through practice questions, not the outline or the lecure. Thoughts...?

I'm undecided at this point. I remember there were some things that I was able to catch in the outline that neither the handouts or lectures covered. However, I agree that sometimes the outlines could seem a bit unhelpful compared to practice questions and essays. What I do is review the outline once let that be it. I don't focus on memorizing anything, just on ensuring that I've read it all at least once - I've notice that it helps for the info to sink in during the lectures/handouts/essays. That said, I had to cut reading for Professional Responsibility short before I threw the entire book in the shredder

[mdtenor22001]

I've read several people have mentioned that the ability to speed up lectures has disappeared for them lately. The same has happened to me and the support at Themis has been absolutely dismal. I'm curious to hear what's happening with other people.

For example: on my (recent clean install) Windows 8 laptop, Chrome (version 27.0.1453.116) the speed-up function just stopped working several days ago. Firefox has the speed-up function, but about 2/3 of the videos do not play any sound (while others in the series do). I've contacted Themis repeatedly about this and never get straight answers or actual help. They told me to update Flash player. When I replied that I had and provided the version, they suggested that the problem was with the newest version of Flash player (the one they suggested I update to). Then they suggested installing and using Safari, which hasn't been supported on Windows for over a year. I actually tried this out of desperation, but still the videos would not play at increased speed. Finally, they told me that it appeared to be a problem I was repeatedly having. Well, DUH! But no other actual help.

This has been super frustrating as the only way I can possibly get through some of these awful lectures is on 1.5x or 2x speed. If you've been having these problems, please respond. I have a feeling that the problem lies in the FlowPlayer streaming program that they are using; I'd wager that a recent change someone has made to their system has disabled functionality for people with new versions of the Chrome browser. I'm dumbfounded about why over half of the videos don't have sound in Firefox (while others do!).

At this point, with the amount of technical problems I've experienced (the streaming at the beginning just wouldn't work consistently), I don't think I can recommend Themis. I guess the proof will be in the pudding in a few weeks, but so far this has kind of been a nightmare. Although it seems Barbri sucks too (my finance is using them), their technical stuff is at least very polished.

Sorry, long rant...just very frustrated.

[09042014]

I've read several people have mentioned that the ability to speed up lectures has disappeared for them lately. The same has happened to me and the support at Themis has been absolutely dismal. I'm curious to hear what's happening with other people.

For example: on my (recent clean install) Windows 8 laptop, Chrome (version 27.0.1453.116) the speed-up function just stopped working several days ago. Firefox has the speed-up function, but about 2/3 of the videos do not play any sound (while others in the series do). I've contacted Themis repeatedly about this and never get straight answers or actual help. They told me to update Flash player. When I replied that I had and provided the version, they suggested that the problem was with the newest version of Flash player (the one they suggested I update to). Then they suggested installing and using Safari, which hasn't been supported on Windows for over a year. I actually tried this out of desperation, but still the videos would not play at increased speed. Finally, they told me that it appeared to be a problem I was repeatedly having. Well, DUH! But no other actual help.

This has been super frustrating as the only way I can possibly get through some of these awful lectures is on 1.5x or 2x speed. If you've been having these problems, please respond. I have a feeling that the problem lies in the FlowPlayer streaming program that they are using; I'd wager that a recent change someone has made to their system has disabled functionality for people with new versions of the Chrome browser. I'm dumbfounded about why over half of the videos don't have sound in Firefox (while others do!).

At this point, with the amount of technical problems I've experienced (the streaming at the beginning just wouldn't work consistently), I don't think I can recommend Themis. I guess the proof will be in the pudding in a few weeks, but so far this has kind of been a nightmare. Although it seems Barbri sucks too (my finance is using them), their technical stuff is at least very polished.

Sorry, long rant...just very frustrated.

Mine still works.

But if you have an android, you can download the videos onto your phone, copy them to your PC and watch them on 2x on VLC player. The 2x speed is better on VLC because it corrects the pitch so people don't sound like chipmonks. And I just set it to play entire subjects straight so I don't have to do the assessment questions every 15 mintes.

[Agoraphobia]

I've read several people have mentioned that the ability to speed up lectures has disappeared for them lately.......

Sorry, long rant...just very frustrated.

Same problem and they told me to restart the browser and try other browsers. I tried but of course it didn't work. I had 2x and 1.5x for a couple days but now it's gone again. Also same trouble with the sound. Carbon copy same problems you describe.

[Catleesi]

If not being able to speed to 1.5x for a few days is the biggest technical problem I have, I will still happily recommend Themis to other users.

A Barbri user can't fast forward *ever.* And the Barbri Facebook page just makes me sad for people.

[BarbellDreams]

Just got mauled to the tune of 47% on Property MBE. Nowadays whenever I see the word "subsequent purchaser" I cringe.

[elysiansmiles]

Professor Karlan is obsessed with Hoarders. She has mentioned the show several times. I think that is hysterical.

[Themis Bar Review]

I've read several people have mentioned that the ability to speed up lectures has disappeared for them lately.......

Sorry, long rant...just very frustrated.

Same problem and they told me to restart the browser and try other browsers. I tried but of course it didn't work. I had 2x and 1.5x for a couple days but now it's gone again. Also same trouble with the sound. Carbon copy same problems you describe.

Hey everyone,

Hope your studies are going well. If you are having any types of study strategy issues or are feeling behind, feel free to contact your state director through the myCommunication portal.

In terms of the video player capabilities, the browsers are fully supported and no change has gone in that would break your functionality. If you are still experiencing issues, try using Firefox Safe mode: https://support.mozilla.org/en-US/kb/tr ... -safe-mode

And if that still doesn't work, there are third party plugin services such as MySpeed that will enable video speed up functionality on the videos.

As always, give us a call at 888-843-6476 if you have any other questions.

Good luck!

EJ
Themis Bar Review

[mdtenor22001]

But if you have an android, you can download the videos onto your phone, copy them to your PC and watch them on 2x on VLC player. The 2x speed is better on VLC because it corrects the pitch so people don't sound like chipmonks. And I just set it to play entire subjects straight so I don't have to do the assessment questions every 15 mintes.

That sounds like a brilliant idea, and exactly what I've been looking for! Where are the files downloaded into the Android file system? I will definitely give this a try.

Thanks!

[09042014]

But if you have an android, you can download the videos onto your phone, copy them to your PC and watch them on 2x on VLC player. The 2x speed is better on VLC because it corrects the pitch so people don't sound like chipmonks. And I just set it to play entire subjects straight so I don't have to do the assessment questions every 15 mintes.

That sounds like a brilliant idea, and exactly what I've been looking for! Where are the files downloaded into the Android file system? I will definitely give this a try.

Thanks!

android/data/com.themisbar.mythemis

[TheBeard]

I don't know what the hell is wrong with me when it comes to evidence. I can do evidence practice essays all day without a problem, but when it comes to MBE PQs, my average after 119 questions is stuck at 64%, 3% below average. Everything else is above average. The worse part of this is that I actually like evidence.

[Agoraphobia]

I feel like when I think I do great, I do average, and when I think I do terrible, I do average. (Except Property. I really did do terrible on those). I guess I am just average... or maybe a tad below. Reminding myself that the average test taker in my state passed easily. Reminding myself of this several times a day, in fact.

[antonious13]

Professor Karlan is obsessed with Hoarders. She has mentioned the show several times. I think that is hysterical.

She also spoiled Mad Men, apparently. That was going to be my post bar show to "get caught up in a week". That whore.

[09042014]

Professor Karlan is obsessed with Hoarders. She has mentioned the show several times. I think that is hysterical.

She also spoiled Mad Men, apparently. That was going to be my post bar show to "get caught up in a week". That whore.

First season stuff, won't harm your enjoyment.

[BarbellDreams]

How in the world can you listen to Geis on regular speed? I like him a lot, but he is fairly decent on 2x, and 1.5x just sounds natural.

[Dr. Review]

How in the world can you listen to Geis on regular speed? I like him a lot, but he is fairly decent on 2x, and 1.5x just sounds natural.

1.5x all day

As a side note though, is anyone else bothered he reuses pretty much all of his Ks examples for Sales?

[Bikeflip]

Getting murdered on Evidence. Didn't know hearsay as well as I thought.

[kalvano]

JFC, every time I sit down to study today, something else comes up. Of all days, today is the day my downstairs toilet chooses to explode, making me drive 50 fucking miles to the only store around that sells exactly what I need. Yeah, I really feel like bar prep now.

[Bikeflip]

JFC, every time I sit down to study today, something else comes up. Of all days, today is the day my downstairs toilet chooses to explode, making me drive 50 fucking miles to the only store around that sells exactly what I need. Yeah, I really feel like bar prep now.

What a shitty situation.

[MiniMaximus]

Does anyone but me think that my time would be better spent doing practice questions and reading explanations than reading outlines? The outlines are often gibberish to me. Even reviewing the notes and handouts feel like a waste of time. But I really feel like I start to understand more and more by doing practice questions. I will give you an example - the fact that a contract merges into the deed and that you can only sue on the deed, not the contract, post-delivery of the deed. I learned that through practice questions, not the outline or the lecure. Thoughts...?

This is my second time using Themis (failed the Feb 2013 exam), and I have to agree. Last time I spent WAY too much time actually reading, highlighting and annotating all the outlines, and then found I remembered exactly ZERO when it came time for MBE PQs or Practice Essays. This time, I fast-fwd'd thru the lectures, reviewed the Handouts from last time, and I'm focusing heavily on memorizing rule statements. Someone else here mentioned that they are condensing their Handouts into 4-page outlines that they print onto 1-page (by shrinking). Very smart. Wish I'd done that last time.

[Agoraphobia]

JFC, every time I sit down to study today, something else comes up. Of all days, today is the day my downstairs toilet chooses to explode, making me drive 50 fucking miles to the only store around that sells exactly what I need. Yeah, I really feel like bar prep now.

I am having a lousy day too. Think I'll just listen to this one set of lectures and call it quits. I literally couldn't even make it through one lecture all morning, crisis after crisis after crisis. Hope things are OK now at your house

[09042014]

At least you have an excuse. I woke up at noon and just sat around for 4 hours.