Themis Bar Review Hangout - July 2016 Forum

[hogfan1991]

Does anyone know what a "passing" score would be for essays/MPT? I've heard that 65-70% on MBE would probably be passing but haven't heard what it is on MEE/MPT? I got a "non-passing" score on my recent graded essay for Themis with an 85%.

[Mayakovsky]

I'm trying my hardest to work more efficiently and get through material more quickly, but I'm getting so discouraged seeing how far ahead everyone is from me. I'm beating myself up hard for this.

[Easy-E]

Can someone clarify the Doctrine of Merger for land sale Ks? Covenants under K are merged into the deed...so they can't be enforced unless also contained in the deed. I read "merge" to mean it becomes part of it, which would imply covenants under the K just become part of the deed automatically. That doesn't sound like it's the case.

Basically, the deed merges with the contract similar to how Majin Buu absorbs people (they cease to be), rather than like Cell, wherein he takes on some of their traits.

[KD35]

Can someone clarify the Doctrine of Merger for land sale Ks? Covenants under K are merged into the deed...so they can't be enforced unless also contained in the deed. I read "merge" to mean it becomes part of it, which would imply covenants under the K just become part of the deed automatically. That doesn't sound like it's the case.

Basically, the deed merges with the contract similar to how Majin Buu absorbs people (they cease to be), rather than like Cell, wherein he takes on some of their traits.

Haha great comparison. I have figured out that merger is a bit of a misnomer, I tend to think of the term "supersedes." So while there is an implied covenant of marketable title in the land sale K, if it is not expressly in the deed, it ceases. Hope that helps.

[Easy-E]

Can someone clarify the Doctrine of Merger for land sale Ks? Covenants under K are merged into the deed...so they can't be enforced unless also contained in the deed. I read "merge" to mean it becomes part of it, which would imply covenants under the K just become part of the deed automatically. That doesn't sound like it's the case.

Basically, the deed merges with the contract similar to how Majin Buu absorbs people (they cease to be), rather than like Cell, wherein he takes on some of their traits.

Haha great comparison. I have figured out that merger is a bit of a misnomer, I tend to think of the term "supersedes." So while there is an implied covenant of marketable title in the land sale K, if it is not expressly in the deed, it ceases. Hope that helps.

Right, that's what threw me off. I suppose it's used similarly in crim, with lesser offenses merging (as in, disappearing). Thanks for the example too, that is helpful.

[rambleon65]

Can someone clarify the Doctrine of Merger for land sale Ks? Covenants under K are merged into the deed...so they can't be enforced unless also contained in the deed. I read "merge" to mean it becomes part of it, which would imply covenants under the K just become part of the deed automatically. That doesn't sound like it's the case.

Basically, the deed merges with the contract similar to how Majin Buu absorbs people (they cease to be), rather than like Cell, wherein he takes on some of their traits.

Haha great comparison. I have figured out that merger is a bit of a misnomer, I tend to think of the term "supersedes." So while there is an implied covenant of marketable title in the land sale K, if it is not expressly in the deed, it ceases. Hope that helps.

Right, that's what threw me off. I suppose it's used similarly in crim, with lesser offenses merging (as in, disappearing). Thanks for the example too, that is helpful.

Similar thing exists in domestic relations. I think the distinction they use is "merge" vs. "incorporate". Definitely not intuitive.

[ultimolugar]

I am so ticked with this one criminal law question.

[NaeDeen]

Just took a practice torts essay. I totally missed an issue. Now on to tackle evidence in one day. The bar exam is truly a hazing ritual.

[Easy-E]

If you're discussing PQs or essays, try to use spoiler tags. If you're just mentioning the facts in a vague manner, that's cool, but mentioning the issues is a problem. Please edit your post using spoiler tags.

[Nebby]

I'm so tired of practice essays. I've got 8 scheduled over the next two days

[Easy-E]

I'm so tired of practice essays. I've got 8 scheduled over the next two days

Damn. I'm guessing your through all the lectures then?

[Nebby]

I'm so tired of practice essays. I've got 8 scheduled over the next two days

Damn. I'm guessing your through all the lectures then?

No I'm just following the schedule as it is and they have me doing mostly essays on Friday and Saturday

[NaeDeen]

If you're discussing PQs or essays, try to use spoiler tags. If you're just mentioning the facts in a vague manner, that's cool, but mentioning the issues is a problem. Please edit your post using spoiler tags.

Thanks for looking out Easy!

[ndp1234]

I'm so tired of practice essays. I've got 8 scheduled over the next two days

Damn. I'm guessing your through all the lectures then?

No I'm just following the schedule as it is and they have me doing mostly essays on Friday and Saturday

Those were my scheduled tasks at the beginning of the week. It wasn't too bad.

[alicen]

I'm so tired of practice essays. I've got 8 scheduled over the next two days

Damn. I'm guessing your through all the lectures then?

No I'm just following the schedule as it is and they have me doing mostly essays on Friday and Saturday

Those were my scheduled tasks at the beginning of the week. It wasn't too bad.

I used to hate having lots of practice essays scheduled in a few days, but I realized they're great practice to improve writing rule statements quickly/automatically, and figure out all the ways you should massage each fact/sentence into your analysis sections. I notice at least with Themis's model answers, they make a lot of real-world inferences based on the facts that I never take time to think of, so It's really useful to see that!

[Chardee_MacDennis]

IL civ pro lecturer needs to chill with the mnemonics-it's pretty distracting.

[mu13ski]

Just did the first civ pro practice essay. Only one of the three parts was actually on civ pro and it was an issue that wasn't covered in the lectures...

[rambleon65]

For MA people...

anyone take the graded essay on domestic relations and had a part about in-vitro fertilization?


...holy shit.

[a_bowler_hat]

i did the first MBE mixed problem set today and did alright! at the end, i went through and identified specific areas i know i need some work in and it seems like most of it is just memorization. can anyone recommend a good method for memorizing those areas that have been particularly difficult to get in your head? there's gotta be a better way than just reading the big outline and jotting some notes down.

[Vantwins]

Ugh, I had to work my part time job this morning and all sorts of end of year school stuff for my kids the rest of the day, so I got NOTHING done for Themis. Kids are in bed and just sat down to do a set of Con Law PQs. Totally baffled by the first question. Oops, I clicked on Civ Pro PQs, which I haven't gotten to in the lectures yet! Off to go click on the correct PQs and hope I fare better.

[Chardee_MacDennis]

I just had the weirdest thing happen. I took the first Civ Pro practice essay, and here was the call of the question:

1. Does the State B court have jurisdiction to grant Husband a divorce and award Husband property acquired during the marriage? Explain.

2. Can Wife prevent Husband from obtaining a divorce on the grounds that she does not consent to the divorce and that the marriage might yet be saved? Explain.

3. Without regard to any jurisdictional issues, would Wife, in the event of a divorce, be entitled to a share of any of Husband’s assets? Explain.

Like... I have not learned any family law stuff yet. I answered the first question because it was apparent that personal jurisdiction was the issue, but the other two questions I have no idea. When I submitted the answer to see the sample answer, even the jurisdiction question was different due to family law that I didn't know.

Just did this essay. Did you ever email anyone from Themis about this?

[Nebby]

Just did the first civ pro practice essay. Only one of the three parts was actually on civ pro and it was an issue that wasn't covered in the lectures...

That happened to me!

[Nebby]

I just had the weirdest thing happen. I took the first Civ Pro practice essay, and here was the call of the question:

1. Does the State B court have jurisdiction to grant Husband a divorce and award Husband property acquired during the marriage? Explain.

2. Can Wife prevent Husband from obtaining a divorce on the grounds that she does not consent to the divorce and that the marriage might yet be saved? Explain.

3. Without regard to any jurisdictional issues, would Wife, in the event of a divorce, be entitled to a share of any of Husband’s assets? Explain.

Like... I have not learned any family law stuff yet. I answered the first question because it was apparent that personal jurisdiction was the issue, but the other two questions I have no idea. When I submitted the answer to see the sample answer, even the jurisdiction question was different due to family law that I didn't know.

Just did this essay. Did you ever email anyone from Themis about this?

I did. They were unhelpful. I told them they shouldn't categorize it as a civ pro essay since it's really a family law essay

[Easy-E]

Well the graded property essay kicked my ass. Fuck mortgages.

[CaptainLeela]

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