BarBri Bar Review Hangout - July 2016 (UBE -NY) Forum

[generaltoast]

Anyone else starting to feel kinda ready and lack of motivation for the next week and a half? I definitely have some ironing out to do and final memorization (especially on MEE), but given a good performance on the sample MBE that I finally took this week I'm finding myself slipping into a bit of a lull... and kinda prefer being calm to Barbri's constant insistence on freaking us out

Sames. I'm growing more and more confident towards the MBE, and feel that the MEE will be doable with some cramming of the lecture notes during the last few days. I need something to whip my ass back into fear.

How'd you do on the practice MBE? I'm debating if I did well enough to have a similar attitude, haha.

Honestly not as good as the rest of the people on here, but not terrible. I got a 127. But iv'e been drilling my weak areas with tons of practice questions ever since and re-doing older questions, so I think Iv'e improved. Probably still not enough to warrant my confidence, hence why I need something to scare me back into gear haha.

[mrscooter1]

A couple rules I hope I'm not mistating:

1. A holdover tenant in a residential lease is subject to a month to month tenancy.

2. If a landlord notifies a tenant before the termination of the lease that occupancy after termination will be at an increased rent, the holdover tenant will be subject to the increased rent.

My question: is rule 2 applicable to residential tenants too? Will a holdover residential tenant who prior to holding over was informed of an increased rent be subject to the increased rent as well? If so, would the holdover tenant be subject to the rest of the terms of the new lease (e.g., does the holdover tenant acquiesce to a full year-to-year tenancy instead of the month-to-month holdover tenant default illustrated by rule 1.)

Applies to residential tenant. Will be held to a month to month for the increased rent amount. Be aware of the distinction between a commercial tenant though. The commercial tenant who was previously in a year-to-year lease will be held to the new rent amount AND a year to year lease (not a month to month as with a residential tenant)

Thank you!

[LionelHutzJD]

A couple rules I hope I'm not mistating:

1. A holdover tenant in a residential lease is subject to a month to month tenancy.

2. If a landlord notifies a tenant before the termination of the lease that occupancy after termination will be at an increased rent, the holdover tenant will be subject to the increased rent.

My question: is rule 2 applicable to residential tenants too? Will a holdover residential tenant who prior to holding over was informed of an increased rent be subject to the increased rent as well? If so, would the holdover tenant be subject to the rest of the terms of the new lease (e.g., does the holdover tenant acquiesce to a full year-to-year tenancy instead of the month-to-month holdover tenant default illustrated by rule 1.)

Applies to residential tenant. Will be held to a month to month for the increased rent amount. Be aware of the distinction between a commercial tenant though. The commercial tenant who was previously in a year-to-year lease will be held to the new rent amount AND a year to year lease (not a month to month as with a residential tenant)

Thank you!

Np. And just for further clarification, regardless of whether a residential tenant was in a year to year lease, the holdover will always be for a month to month period (again, not the case with a commercial tenant).

[LionelHutzJD]

Average on this years Simulated MBE was 118.

[Br3v]

Average on this years Simulated MBE was 118.

Last year was what, 113/115?

Also, did anyone watch today's live lecture? What was it about?

[LionelHutzJD]

Average on this years Simulated MBE was 118.

Last year was what, 113/115?

Also, did anyone watch today's live lecture? What was it about?

Last year was a little bit lower than this year (not sure exactly what it was). I'm watching it now. He said you should have aimed for 30th percentile on the Sim MBE.

[LionelHutzJD]

Re essays

He said if you state wrong rule of law but your conclusion reasonably flows from that rule, you will get "tons" of points.

[LionelHutzJD]

Sorry last one.

Q: How accurate is the Sim MBE with regards to passing if you scored above average?

A: Pretty darn good.

[MCFC]

I thought the Evidence set today was the first of the Set 5s where I could see what people mean when they talk about testing more minor or obscure areas of law.

[Br3v]

Re essays

He said if you state wrong rule of law but your conclusion reasonably flows from that rule, you will get "tons" of points.

Is this what people mean by saying if you don't know the law make it up?

I should have watched this thing it seemed helpful

[hellojd]

Anyone else starting to feel kinda ready and lack of motivation for the next week and a half? I definitely have some ironing out to do and final memorization (especially on MEE), but given a good performance on the sample MBE that I finally took this week I'm finding myself slipping into a bit of a lull... and kinda prefer being calm to Barbri's constant insistence on freaking us out

Sames. I'm growing more and more confident towards the MBE, and feel that the MEE will be doable with some cramming of the lecture notes during the last few days. I need something to whip my ass back into fear.

How'd you do on the practice MBE? I'm debating if I did well enough to have a similar attitude, haha.

Honestly not as good as the rest of the people on here, but not terrible. I got a 127. But iv'e been drilling my weak areas with tons of practice questions ever since and re-doing older questions, so I think Iv'e improved. Probably still not enough to warrant my confidence, hence why I need something to scare me back into gear haha.

I think you're fine with a 127, especially considering a) Barbri made it harder than the real thing and b) you've improved since then.

I got a 150, which was a little surprisingly high, I didn't feel that great when I went through it. I agree though, I think the MEE is annoying, but a 4/5 score is totally doable with a few days of cramming. I'm basically just viewing it as a bonus at this point, since we all seem ready to do better than required on the MBE and the MPT from what everyone says is a guaranteed 4/5 if you're familiar with how it works / how to structure an answer.

[LionelHutzJD]

Re essays

He said if you state wrong rule of law but your conclusion reasonably flows from that rule, you will get "tons" of points.

Is this what people mean by saying if you don't know the law make it up?

I should have watched this thing it seemed helpful

He said it's being recorded so it should be available somewhere for your viewing pleasure.

[Betharl]

What do people think about Barbri's "target goals?" They say they are "based on" the average... but not that they are the average. I did way better on the simulated MBE than I have relative to the goals, assuming the targets are 50th percentile.

[mvp99]

I noticed today the NCBE has some inconsistent questions and answers (or maybe its adaptibar's fault idk). I distinctly remember getting a question wrong because I thought the person had delegated all his duties under the K but I was wrong because there had been an novation. I'm familiar with the concept from 1l property but I didn't think novation was possible because they only agree to substitute performance, so what happened was at most an assignment, there was no release but, you know, whatever the law is whatever they say it is. Well right now I did another very similar question that literally states in quotes again that "Y takes over X contract" as a total substitution of performance but the correct answer is not novation; now its delegation.

[KRose04]

I watched the webinar (yea I have no life lol) and he said to aim for getting above the 30th percentile, so I think we're all good. After he said that I definitely feel better now

[learntolift]

I don't feel confident to repeat a 147 on the real MBE, bc I did not feel confident on that sim. But maybe that is just the nature of the beast no matter what...

[WahooLaw24]

I thought the Evidence set today was the first of the Set 5s where I could see what people mean when they talk about testing more minor or obscure areas of law.

Yeah, Evidence and Con Law 5 stuck out to me as being especially random. Not bad other than that, and from the few 6s I've done it goes back to normal.

[all_lies_and_jest]

I noticed today the NCBE has some inconsistent questions and answers (or maybe its adaptibar's fault idk). I distinctly remember getting a question wrong because I thought the person had delegated all his duties under the K but I was wrong because there had been an novation. I'm familiar with the concept from 1l property but I didn't think novation was possible because they only agree to substitute performance, so what happened was at most an assignment, there was no release but, you know, whatever the law is whatever they say it is. Well right now I did another very similar question that literally states in quotes again that "Y takes over X contract" as a total substitution of performance but the correct answer is not novation; now its delegation.

Noticed the same thing on novation/delegation. Don't know what to think at this point.

[sublime]

I noticed today the NCBE has some inconsistent questions and answers (or maybe its adaptibar's fault idk). I distinctly remember getting a question wrong because I thought the person had delegated all his duties under the K but I was wrong because there had been an novation. I'm familiar with the concept from 1l property but I didn't think novation was possible because they only agree to substitute performance, so what happened was at most an assignment, there was no release but, you know, whatever the law is whatever they say it is. Well right now I did another very similar question that literally states in quotes again that "Y takes over X contract" as a total substitution of performance but the correct answer is not novation; now its delegation.

IIRC the difference between novation and assignment/delegation is that novation requires both of the original parties.

[ballouttacontrol]

I understand this is a little late in the game to be asking this, but will all the BarBri MBE questions be assigned eventually? In other words, am I going to miss out on practice questions if I only do my Personal Study Plan?

this isn't meant to freak you out at all nor am I suggesting that sticking to the PSP is not sufficient (I think its fine) but there are a ton of other practice questions on the Barbri Enrolled Student Center that, to my understanding, don't get assigned in the PSP if you're looking for more! There's a bunch of additional 50 Mixed Sets and then Set A/Set B/Drill sets of 18Qs in each subject (but I have noticed some repeats in those sets of questioned assigned in the PSP so they definitely aren't all new)

Hahahaha oh man. Thank you.

Juat fyi on this topic, I do almost all of my studying using the barbri apps, and the main barbri app has just short of 200 questions in each subject. For example, see below screenshot. I'm sure these are on the website but idk if it is arranged the same way

[rmhco]

I watched the webinar (yea I have no life lol) and he said to aim for getting above the 30th percentile, so I think we're all good. After he said that I definitely feel better now

I feel like this is a stupid question, but "aim for the 30th percentile" means ... 30th percentile is the "pass predicted"? If you finished above 30th percentile you're in good shape?

[mvp99]

I noticed today the NCBE has some inconsistent questions and answers (or maybe its adaptibar's fault idk). I distinctly remember getting a question wrong because I thought the person had delegated all his duties under the K but I was wrong because there had been an novation. I'm familiar with the concept from 1l property but I didn't think novation was possible because they only agree to substitute performance, so what happened was at most an assignment, there was no release but, you know, whatever the law is whatever they say it is. Well right now I did another very similar question that literally states in quotes again that "Y takes over X contract" as a total substitution of performance but the correct answer is not novation; now its delegation.

Noticed the same thing on novation/delegation. Don't know what to think at this point.

Thank GOD. I thought I was alone on this. The correct rule I believe is that mere full delegation is not equal to novation, there has to be some sort of consent to release the party from the K.

[all_lies_and_jest]

I noticed today the NCBE has some inconsistent questions and answers (or maybe its adaptibar's fault idk). I distinctly remember getting a question wrong because I thought the person had delegated all his duties under the K but I was wrong because there had been an novation. I'm familiar with the concept from 1l property but I didn't think novation was possible because they only agree to substitute performance, so what happened was at most an assignment, there was no release but, you know, whatever the law is whatever they say it is. Well right now I did another very similar question that literally states in quotes again that "Y takes over X contract" as a total substitution of performance but the correct answer is not novation; now its delegation.

Noticed the same thing on novation/delegation. Don't know what to think at this point.

Thank GOD. I thought I was alone on this. The correct rule I believe is that mere full delegation is not equal to novation, there has to be some sort of consent to release the party from the K.

Yes! That's what I thought. The inconsistency is driving me crazy.

[KRose04]

I watched the webinar (yea I have no life lol) and he said to aim for getting above the 30th percentile, so I think we're all good. After he said that I definitely feel better now

I feel like this is a stupid question, but "aim for the 30th percentile" means ... 30th percentile is the "pass predicted"? If you finished above 30th percentile you're in good shape?

He said to think of it this way. Say only 70% of first time takers will pass the bar exam. So, if you're above the 30% percentile, statistically, you have a good chance of passing

[jj252525]

Let me know what you guys think about question 33 from today's set.

[+] Spoiler

It seems a bit odd that a party would have a right to cure in this instance. I was under the opinion that if an installment contract was so seriously deficient and constituted a material breach that the entire contract could be cancelled? I got the question right by process of elimination, but would the plaintiff not be able to cancel the entire contract here for a breach of this sort?

Edit: Also, for that matter, does anyone know the average of today's set? - edit 2: nvm, it's right on the online assignment page.