Themis Bar Review Hangout - July 2017 Forum

[whats an updog]

Can someone explain the answer to question 110 of the simulated MBE to me?

[+] Spoiler

Why is there no supplemental jurisdiction for mom? In Question 83, he said that if one P's claim was over $75k, then the court could exercise SJ over a second P's claim if it arose out of the same transaction. But then for question 110 he said there could be no SJ for mom even though the son's claim was over $200,000. Can someone explain the difference?

I think for that question it was because there is no supplemental jurisdiction for plaintiffs against defendants joined through Rule 20

28 USC 1367(b): In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332

[droit]

Can someone explain the answer to question 110 of the simulated MBE to me?

[+] Spoiler

Why is there no supplemental jurisdiction for mom? In Question 83, he said that if one P's claim was over $75k, then the court could exercise SJ over a second P's claim if it arose out of the same transaction. But then for question 110 he said there could be no SJ for mom even though the son's claim was over $200,000. Can someone explain the difference?

I think for that question it was because there is no supplemental jurisdiction for plaintiffs against defendants joined through Rule 20

28 USC 1367(b): In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332

Thank you! I think what confused me was that he said that the court didn't even have SJ to hear mom's original claim against the first defendant.

[bmmccb223]

According to the rec study schedule I'm like way behind, but my progress bar says I'm at 68.7%. Not sure what that means.

It doesn't mean anything. Your pace is fine.

[cho8583]

Im really freaking out after seeing the morning part of MBE practice exam; just 51%. I was ok with the other previous exams, which I was above the average.. I never had this low score.. plus witnessing you guys on 65+%, im really worried.

Was it really ok for you guys? I dint think i have guts to do the other half of the exam..

[lavarman84]

Im really freaking out after seeing the morning part of MBE practice exam; just 51%. I was ok with the other previous exams, which I was above the average.. I never had this low score.. plus witnessing you guys on 65+%, im really worried.

Was it really ok for you guys? I dint think i have guts to do the other half of the exam..

Might as well take the second part. I thought it was easier.

[Bass]

There are two joint tenants in a property, and one grants a mortgage to a bank over the property. Subsequently, the mortgagor JT dies. The survivor JT inherits the entire property, but is the bank's mortgage still subsisting?

I really thought I came across a similar question with the answer stating the bank's mortgage was destroyed, but that seems way too counterintuitive...

Please let me know if you know the answer

[Pilking76]

There are two joint tenants in a property, and one grants a mortgage to a bank over the property. Subsequently, the mortgagor JT dies. The survivor JT inherits the entire property, but is the bank's mortgage still subsisting?

I really thought I came across a similar question with the answer stating the bank's mortgage was destroyed, but that seems way too counterintuitive...

Please let me know if you know the answer

From a practice question answer: "In most states, a judicial lien imposed on the property interest of a joint tenant does not sever the joint tenancy. There must be a levy and sale of the property interest to effect a severance. If the joint tenant against whose property interest the lien is imposed dies prior to the sale, the remaining joint tenants are entitled to that property interest by right of survivorship. Because the manicurist owned the residence in a joint tenancy with a right of survivorship with her brother, the manicurist’s interest in the residence terminated upon her death, and her brother now owns the residence. When the manicurist’s interest in the residence terminated, all liens attached to her interest also terminated." (emphasis added, hopefully that makes it a little less counterintuitive)

This same logic would appear to apply to a mortgage on a property in a lien theory state, and I would say that the JT inherits the property free and clear of the mortgage. Note this is not the case if both JTs are on the mortgage.

[ernie]

I'm gonna fail
Dibs on OP of Themis Bar Review Hangout - Feb 2018

[Puffman1234]

Some time ago I looked at a number of the Texas past answers on the BLE website and they were pretty shitty. Today I went through and systematically went through 4 years of answers and they're all like...Themis sample level or better. What the fuck? Huge confidence killer. I haven't even read the outline for like 1/3 of the state specific subjects yet. I also don't know shit for the short answer P&E questions. I guess the first time I looked through the past questions and answers I was just clicking random answers and got the shittier ones.

Oh well can't do fuck all about it now but buckle down and try to get as much done as I can for the next 2 weeks.

[Bass]

There are two joint tenants in a property, and one grants a mortgage to a bank over the property. Subsequently, the mortgagor JT dies. The survivor JT inherits the entire property, but is the bank's mortgage still subsisting?

I really thought I came across a similar question with the answer stating the bank's mortgage was destroyed, but that seems way too counterintuitive...

Please let me know if you know the answer

From a practice question answer: "In most states, a judicial lien imposed on the property interest of a joint tenant does not sever the joint tenancy. There must be a levy and sale of the property interest to effect a severance. If the joint tenant against whose property interest the lien is imposed dies prior to the sale, the remaining joint tenants are entitled to that property interest by right of survivorship. Because the manicurist owned the residence in a joint tenancy with a right of survivorship with her brother, the manicurist’s interest in the residence terminated upon her death, and her brother now owns the residence. When the manicurist’s interest in the residence terminated, all liens attached to her interest also terminated." (emphasis added, hopefully that makes it a little less counterintuitive)

This same logic would appear to apply to a mortgage on a property in a lien theory state, and I would say that the JT inherits the property free and clear of the mortgage. Note this is not the case if both JTs are on the mortgage.

That makes a lot of sense...thanks...extrapolating to the facts in Themis question 318 (Real property practice essay):

[+] Spoiler

In a notice statute state:
1 JT1 and JT2 own a farm in joint tenancy.
2 JT1 mortgages to a bank which records.
3 JT1 sells her interest to Buyer.

Answer says no severance effected by the mortgage because majority of states are lien states. Buyer then takes TIC interest because there was a severance. Since bank recorded, Buyer had notice and was not a bona fide purchaser. Hence Buyer takes subject to bank's mortgage.

In this case, would bank's mortgage be over only Buyer's TIC interest, or would it be a mortgage over the entire farm, meaning both Buyer and JT2's interest?

[cal.trask]

My Themis broke.

[Bobzilla]

A good night's sleep does wonders.

I got an absolutely pathetic 54% on the second MBE practice test two days ago (taking the big one tomorrow) and was literally hopeless. Today I got an 82% on a mixed set that I thought was super easy. Turns out, over a third of the questions in the set were answered correctly by fewer than 50% of the takers. I had yet to crack 80% on a mixed set so that definitely boosted my spirits. Get some sleep people!

[changing_names]

Im really freaking out after seeing the morning part of MBE practice exam; just 51%. I was ok with the other previous exams, which I was above the average.. I never had this low score.. plus witnessing you guys on 65+%, im really worried.

Was it really ok for you guys? I dint think i have guts to do the other half of the exam..

Might as well take the second part. I thought it was easier.

I promise you you're not the only one. That includes myself. I got 61 on the first set and 51 on the second set. But, I went through every question I got wrong, wrote down every rule I messed up, wrote down every rule I got right for the wrong reasons, and am reviewing those while continuing to do mixed subject tests. I am also using AdaptiBar but I don't think you need that, there is plenty in Themis. You can still raise your score VERY MUCH. You still have time. Keep doing mixed subject MBE practice tests, keep reviewing every rule you get wrong. Check to make sure you're not getting stuck on the same rule. You can do this. You have time to raise your score AND you will because you will put in the work and get better. This is possible. Good luck!

[michelle3908]

I'm gonna fail
Dibs on OP of Themis Bar Review Hangout - Feb 2018

Think I will be right there hanging out with you. I somehow have a chest cold in the middle of summer, so that's really helped my studying.

[J-english]

My Themis broke.

Mine too... I wish they would fix that stupid video. It's completely messed up my directed study schedule!

[champloo]

Rape is defined by statute as “sexual intercourse with a person against that person’s will or with a person under the age of 14 years old.” Rape is a second-degree felony unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, (ii) the victim is under the age of 14, or (iii) the victim is 14 or 15 years old and the actor is at least four years older, in which cases the offense is a first-degree felony.

does this mean that in order for someone to be convicted of 1st degree rape he needs to (for example): 1) have non-consensual sex AND victim is 14 and the D is 19 years old? when i read the statute it seems 1st degree rape is sufficient as long as one of the three elements is satisfied.

should i have read it as: "rape is defined as X; whether that rape was 1st or 2nd degree depends on Y"?

[IronCobra]

should i have read it as: "rape is defined as X; whether that rape was 1st or 2nd degree depends on Y"?

Yep, that's correct. Tricky question though. It's very easy to get roped into your first interpretation if you don't read the question slowly enough.

[droit]

My Themis broke.

Mine too... I wish they would fix that stupid video. It's completely messed up my directed study schedule!

Same, now it has me doing the civ pro lectures on Wednesday even though I already did them .

[champloo]

should i have read it as: "rape is defined as X; whether that rape was 1st or 2nd degree depends on Y"?

Yep, that's correct. Tricky question though. It's very easy to get roped into your first interpretation if you don't read the question slowly enough.

thanks. yea, i totally interpreted it as being two separate requirements that don't interact with each other.

[Fireworks2016]

should i have read it as: "rape is defined as X; whether that rape was 1st or 2nd degree depends on Y"?

Yep, that's correct. Tricky question though. It's very easy to get roped into your first interpretation if you don't read the question slowly enough.

thanks. yea, i totally interpreted it as being two separate requirements that don't interact with each other.

Same here. I'd be kinda surprised to see a stat. int. question that picky on the real bar....

[J-english]

Does anyone else feel like some of these MBE questions are confusing because that's just not how it works in the real world? Almost like you need to forget anything you have learned about how to actually be a lawyer in order to pass this stupid test?

[foundingfather]

what's the deal with all of these best evidence MBE questions?

[mendianne]

Anyone else super behind? I'm a mom for 2 who is currently at home with my 9 month old trying to get through these lecture and everything else and its such a struggle. This is my second go around at themis since the first time I took the bar I ended up not being able to complete it due to a medical emergency. I'm only 50% done with this program and the test is two weeks away!!! I'm freaking out and so stressed I literally cut all my hair off the other day. Lord I can't be the only one dealing and feeling like this.

A consolation is the last time I took Themis I only completed like 30% before own into the test and after the first day I was relieved but I think it was because I actually got through one day of testing not because I was super confident I did well. lol!

[champloo]

Anyone else super behind? I'm a mom for 2 who is currently at home with my 9 month old trying to get through these lecture and everything else and its such a struggle. This is my second go around at themis since the first time I took the bar I ended up not being able to complete it due to a medical emergency. I'm only 50% done with this program and the test is two weeks away!!! I'm freaking out and so stressed I literally cut all my hair off the other day. Lord I can't be the only one dealing and feeling like this.

A consolation is the last time I took Themis I only completed like 30% before own into the test and after the first day I was relieved but I think it was because I actually got through one day of testing not because I was super confident I did well. lol!

it's people like you that make me take a step back and stop complaining lol. i have no idea what it'd be like trying to study for the bar with a 9 month old baby but i don't want to know either. cheers to you and i'm sure you'll do fine. i'm only at 40% but i think most people are around the 60% mark, so i don't think you're too far off.

[whats an updog]

Anyone else super behind? I'm a mom for 2 who is currently at home with my 9 month old trying to get through these lecture and everything else and its such a struggle. This is my second go around at themis since the first time I took the bar I ended up not being able to complete it due to a medical emergency. I'm only 50% done with this program and the test is two weeks away!!! I'm freaking out and so stressed I literally cut all my hair off the other day. Lord I can't be the only one dealing and feeling like this.

A consolation is the last time I took Themis I only completed like 30% before own into the test and after the first day I was relieved but I think it was because I actually got through one day of testing not because I was super confident I did well. lol!

As a parent whose spouse has taken over ALL duties in the last week or so, I definitely feel for you. Still, I think 50% isn't a bad spot to be in with a couple weeks left. You've got time to finish the main materials and get a good amount of practice in.

If you have anyone who you can call on for help with the kids, do it - it might make you feel guilty or like you're putting a burden on other people, but you probably underestimate what others are willing to do for you. You owe it to yourself to get as much practice as you can. Additionally, if you pass this time, you won't have to worry about repeating the same thing down the line. Best of luck!