Themis Bar Review Hangout - July 2016 Forum

[a_bowler_hat]

Ugh, I love when I a PQ set is just "hey look at these exceptions we didn't cover in the lecture you lazy shit".

+1

Yeah, the explanations are worded like, "under the exception you should know but we never told you about..."

Pissed me off.

i actually emailed them about that and they were like "well, you can't possibly expect us to cover ALL of these exceptions in the lectures when they might never come up!" true, but i mean, they come up with enough frequency on the questions you selected for your own bar prep program that maaaaybe you might want to consider a little more coverage...

[just_me]

I can see some light. Finishing up MBE Crim Law + MBE Crim Pro lectures this weekend. Finally, will be done with lectures on MBE subjects.

Hang in there, we all gonna make it.

I know - I still have to go back and read the long outlines for a couple of subjects, and just generally I'm not as sharp at any of the subjects as I'd want to be, but it still feels nice to know that by the end of the weekend, the first big chunk will be covered!

[raptors_delight]

What's the target score for graded essays for UBE jurisdictions? I can't seem to find it mentioned anywhere in the materials.

[iliketurtles123]

Anyone know if it's possible to get completed lecture outlines instead of fill in the blank ones?


I get the point is to have us interact while we listen but i actually find it counterproductive

[Rahviveh]

How many mpts do people plan on doing

[Vantwins]

How many mpts do people plan on doing

probably no more than 2 or 3 for me. That's what I'm least worried about - it's all there for you, unlike the the MBE and essays especially. I think my time is better spent memorizing.

And even though I'm a bit rusty from taking time off to raise my kids, I clerked and practiced law already, so I feel like I have plenty of experience with this in real life - I just want to make sure I've got my timing down!

HTH

[unidentifiable]

How many mpts do people plan on doing

as many as they schedule me. its a fair portion of the exam. more practice = more points.

[Easy-E]

I am very glad I took evidence during 3L. Thank god some of this is fresh in my mind (and I had a good prof).


Edit: this lecture is infuriating though. why are there rules stuck in the middle of examples? having such a hard time following the lecture.

[mu13ski]

I'm really struggling with character evidence and when it is allowed. Anyone have a nice and easy breakdown of this? Maybe some sort of chart?

[kay2016]

I started so late that I've been working in flex mode to get through the MBE lectures. Finally finished with them so I think I'm close to being back on track and can at least resume directed study without it being completely non-sensical (hey do this evidence graded essay when you haven't done any evidence stuff yet)

[Mayakovsky]

I started so late that I've been working in flex mode to get through the MBE lectures. Finally finished with them so I think I'm close to being back on track and can at least resume directed study without it being completely non-sensical (hey do this evidence graded essay when you haven't done any evidence stuff yet)

I just started doing this (working in flex mode to get through the lecture more quickly) yesterday. Here's to us getting back on track!

[rambleon65]

I started so late that I've been working in flex mode to get through the MBE lectures. Finally finished with them so I think I'm close to being back on track and can at least resume directed study without it being completely non-sensical (hey do this evidence graded essay when you haven't done any evidence stuff yet)

I just started doing this (working in flex mode to get through the lecture more quickly) yesterday. Here's to us getting back on track!

I did the same, was a week behind, but i'll be done w/ all MBE lectures (yay) by today. Still only at 35%, though

[hogfan1991]

I wanted to pass along an opportunity to use a discount code to save $20 on the Critical Pass Flashcards as a supplement to study for the Bar Exam. These Flash Cards are for the MBE section of the Bar, so anyone can benefit from them (unless you are taking the Bar in Louisiana). These Flashcards disseminate all the MBE material into flashcards to help with memorization.

I've spoken with past bar passers and they swear by them and used them extensively the last few weeks of Bar Prep. I hope everyone's prep is going well and best of luck! If you do use the code, if you could please send me "quote" this message or somehow let me know.

The code can be used by and shared with any friends anywhere, it is not specific to Arkansans. Thanks!

Website: http://www.criticalpass.com/
Discount Code: 20ARKANSAS

[kay2016]

I started so late that I've been working in flex mode to get through the MBE lectures. Finally finished with them so I think I'm close to being back on track and can at least resume directed study without it being completely non-sensical (hey do this evidence graded essay when you haven't done any evidence stuff yet)

I just started doing this (working in flex mode to get through the lecture more quickly) yesterday. Here's to us getting back on track!

I did the same, was a week behind, but i'll be done w/ all MBE lectures (yay) by today. Still only at 35%, though

You're still a little ahead of me % wise, but I am planning on making some more progress on that this weekend!

[rambleon65]

I'm really struggling with character evidence and when it is allowed. Anyone have a nice and easy breakdown of this? Maybe some sort of chart?

The best way I found to remembering is to really distinguish character evidence from how it's proven (405) and impeachment. The tie into impeachment is what makes it hard, I think. But just distinguish it by asking: am i offering character evidence to show propensity? (Character evidence) OR for truthfulness (impeachment)?

If you're in the former category, it's only allowed in five circumstances: (1) criminal defendant saying he doesn't have propensity for a particular crime, (2) criminal defendant showing victim had propensity to provoke (mostly often in self-defense defenses) or (3) prosecution when defendant has opened the door via #1 or #2, (4) prosecution to show victim's propensity for peacefulness if homicide defendant brings up victim's trait, and (5) when character or character trait is an essential element of a charge (usually civil cases like defamation, except the criminal charge of entrapment, which is rare).

Part of what makes it confusing is that #4 above is slightly redundant, and #5 is not listed with the rest of the 404 rules and is instead in 405-land. A lot of this is from learning evidence 2L year because I had trouble w/ character evidence myself.

[not guilty]

Property Hypo:

A business owner owned a hotel, subject to a mortgage securing a debt the owner owed to bank. The owner later acquired a nearby parking garage, financing a part of the purchase price by a loan from a private lender, secured by a mortgage on the parking garage. Two years thereafter, the owner defaulted on the loan owed to the bank, which caused the full amount of that loan to become immediately due and payable. The bank decided not to foreclose on the mortgage on the owner's hotel at that time, but instead brought an action, appropriate under the laws of the jurisdiction and authorized by the mortgage loan documents, for the full amount of the defaulted loan. The bank obtained and properly filed a judgment for that amount.

A statute of the jurisdiction provides: "Any judgment properly filed shall, for ten years from filing, be a lien on the real property then owned or subsequently acquired by any person against whom the judgment is rendered."

There is no other applicable statute, except the statute providing for judicial foreclosure of mortgages, which places no restriction on deficiency judgments.

The bank later brought an appropriate action for judicial foreclosure of its first mortgage on the hotel and of its judgment lien on the parking garage. The private lender was joined as a party defendant, and appropriately counterclaimed for foreclosure of its mortgage on the parking garage, which was also in default. All procedures were properly followed and the confirmed foreclosure sales resulted as follows:

The bank purchased the hotel for $100,000 less than its mortgage balance.

The bank purchased the parking garage for an amount that is $200,000 in excess of the private lender's mortgage balance.

The $200,000 surplus arising from the bid paid by the bank for the parking garage should be paid out to?

A.
$100,000 to the bank and $100,000 to the owner.
B.
$100,000 to the private lender and $100,000 to the owner.
C.
$100,000 to the bank and $100,000 to the private lender.
D.
$200,000 to the owner.

[ellewoods123]

I'm really struggling with character evidence and when it is allowed. Anyone have a nice and easy breakdown of this? Maybe some sort of chart?

The best way I found to remembering is to really distinguish character evidence from how it's proven (405) and impeachment. The tie into impeachment is what makes it hard, I think. But just distinguish it by asking: am i offering character evidence to show propensity? (Character evidence) OR for truthfulness (impeachment)?

If you're in the former category, it's only allowed in five circumstances: (1) criminal defendant saying he doesn't have propensity for a particular crime, (2) criminal defendant showing victim had propensity to provoke (mostly often in self-defense defenses) or (3) prosecution when defendant has opened the door via #1 or #2, (4) prosecution to show victim's propensity for peacefulness if homicide defendant brings up victim's trait, and (5) when character or character trait is an essential element of a charge (usually civil cases like defamation, except the criminal charge of entrapment, which is rare).

Part of what makes it confusing is that #4 above is slightly redundant, and #5 is not listed with the rest of the 404 rules and is instead in 405-land. A lot of this is from learning evidence 2L year because I had trouble w/ character evidence myself.

I'm also struggling with character evidence! if anyone could confirm that my understanding is either correct or incorrect, i would be super appreciative! i've been finding the best way to try and get a handle on it is by drilling a ton of questions.

My understanding is as follows:

Generally, in a criminal case only a defendant may first offer evidence of good character. (the prosecution may never introduce evidence of D's character until he does so UNLESS the MIMIC exceptions apply). D may introduce evidence for good character either by witnesses who testify to their opinion of D as a person of good character, or by witnesses who testify to D's reputation in the community. D may not, however, introduce evidence of good character with specific acts of conduct.

Here's where I get confused. Once D opens the door, the prosecution may then either rebut's D's evidence of good character with rebuttal witnesses (who testify to D's bad character) ... or by cross-examining the character witness about her knowledge as to D's character. (is that right?)

Where a prosecutor cross-examines the D about specific acts that bear on D's character for truthful - this is admissible only for impeachment purposes? And may the prosecutor do so only after the D introduces evidence of good character, or as long as D takes the stand the prosecutor can impeach any way that is permissible including crossing on specific acts that bear on D's character for truthfulness?

..I felt confused writing that. any and all help is appreciative. (FWIW I was on my school's trial team for all 3 years and thought I knew evidence like the back of my hand. apparently..the bar examiners feel otherwise.)

[Easy-E]

Just did the Conlaw practice essay (floodlights)...

[+] Spoiler

Rule: "A taking has occurred when the governmental regulation results in a permanent physical occupation of the property."

Sample Answer: "Here, the ordinance does not result in a permanent physical occupation because the restaurant, and not a third party, is required to install flood lights. "

Since when does that matter? The regulation requires the floodlights. Sounds like a permanent physical occupation to me. What am I not seeing?

I also apparently don't full understand the test for the easement condition. Anyone have a good rule statement for this? The sample answers argument against "rough proportionality" was exactly my reason for not finding "essential nexus".

[Easy-E]

How did you guys do on Property PQs #3?

[Fivedham]

Is anyone else having issues with screen fatigue? I've been getting headaches the past few days, and a little dizziness - I assume from all the staring at my laptop screen. Any solutions? I'm already using dimmers like f.lux, and I use my iPad as much as possible, but it doesn't seem to be helping much.

[unidentifiable]

Is anyone else having issues with screen fatigue? I've been getting headaches the past few days, and a little dizziness - I assume from all the staring at my laptop screen. Any solutions? I'm already using dimmers like f.lux, and I use my iPad as much as possible, but it doesn't seem to be helping much.

ive always been told to look away at something 20 feet away for 20 seconds every 20 minutes. or something like that

[CaptainLeela]

Welcome to TLS

[Fivedham]

Good tip on the screen fatigue, thanks.

First return in like a week or two to Civ Pro MBE PQs today (Civ Pro PQ 4). Started killing it during the first 20 or so questions, then got like 9 in a row wrong. That's so demoralizing haha. Definitely improving, and still exceeding the recommended percentage, but damn. It hurts to get 9 wrong in a row right after getting like 20 right.

[Vantwins]

Can you pass the Bar if you get EVERY mortgage question wrong? Asking for a friend.

[Vantwins]

Good tip on the screen fatigue, thanks.

First return in like a week or two to Civ Pro MBE PQs today (Civ Pro PQ 4). Started killing it during the first 20 or so questions, then got like 9 in a row wrong. That's so demoralizing haha. Definitely improving, and still exceeding the recommended percentage, but damn. It hurts to get 9 wrong in a row right after getting like 20 right.

Sometimes I reload the page so it restarts at 0-0, it's good for morale!