BarBri - NY Exam - July 2014 Forum

[turquoiseturtle]

I'm doing NYMC first because it'll start my recall of law for the essays haha

This may be a good approach. Now I'm having anxiety thinking which I am going to do first. I had planned to do the essays first.

I'm terrified on the essays I'm just going to black out and not remember anything.

Yeah this was my thinking as well. I'm still pondering whether I might skim the essays first just to have them in the back of my mind while doing the MC, but I'm not sure if it's worth the time it'd take. And then if I skim the essays, I'll have a really hard time resisting the impulse to start outlining, at which point I might as well write them.

On a separate note, I had a nightmare about forgetting my Examsoft password and then being kicked out for checking my email in the exam room to find it. I don't mean to add to any anxiety, but just keep that issue in mind! I'm not sure if it's an option to change passwords, but mine is a jumble of letters and numbers.

Don't we just open the exam files and then they will be available? The instructions seemed to suggest to me that we would upload the files later, when we got home (but no later than a certain number of hours, I forget). So I presume how it works is we have to hit some button to save it at the conclusion of each session. But I don't think we need the password except maybe to upload it later? Can someone explain the Examsoft process?

I'm actually a bit worried about the uploading because I have to dash straight from the exam to the airport. There's no wifi at the testing center and I feel a little iffy about trying to get some at the airport. What if it doesn't work?

[PennBull]

Pretty sure you got 24 hours

[turquoiseturtle]

Pretty sure you got 24 hours

Ohhh, got confused. For some reason I keep thinking that I'll have to upload something on Wednesday after the exam, but only on Tuesday. So rushing to the airport won't affect me.

From an email from the NY Bar: "After the conclusion of the exam you must upload your exam answer files to ExamSoft by 8:30 p.m. (EST) on Wednesday, July 30, 2014."

Please, no one wait until midnight! I know its midnight in other places, but its 8:30 in NY!

[PennBull]

Why am I paranoid I'm gonna forget something?

Pencils
Exam ticket
ID
Computer

That's it right?

[Stringer6]

Why am I paranoid I'm gonna forget something?

Pencils
Exam ticket
ID
Computer

That's it right?

Why am I paranoid I'm gonna forget something?

Pencils
Exam ticket
ID
Computer

That's it right?

Clothes. Wear them.

[turquoiseturtle]

I know it got mentioned earlier, but I'm actually sort of alarmed at how many times "notice of alibi" is an issue in the essays. There was nothing at all in the lecture about this.

Why am I paranoid I'm gonna forget something?

Pencils
Exam ticket
ID
Computer

That's it right?

Clothes. Wear them.

With regard to the "quiet" snack we're allowed, does that mean I can actually eat during the test? I'm a stress eater.

[PennBull]

Haha what is notice of alibi?

[belowthelaw57]

Haha what is notice of alibi?

Stupid procedural thing. Defense has 20 days after his arraignment to serve notice to prosecution he's going to use it in the defense. I cannot see how it would matter if you left it out.

http://law.onecle.com/new-york/criminal ... 50.20.html

[PennBull]

Oh haha fuck that then

Time to make property flash cards

[turquoiseturtle]

Haha what is notice of alibi?

Stupid procedural thing. Defense has 20 days after his arraignment to serve notice to prosecution he's going to use it in the defense. I cannot see how it would matter if you left it out.

http://law.onecle.com/new-york/criminal ... 50.20.html

I mean more that the essay says there has been "notice of alibi" and then one of the questions is somehow about having an the defense of alibi.

[Stringer6]

Haha what is notice of alibi?

[sarahh]

Does anyone know if we can bring a pencil sharpener to the exam? It is not mentioned as either something allowed or not.

[peanut123]

This has been bothering me. Granted, I'm a dummy when it comes to crim law/procedure but the model answer to essay 46 references the Rosario rule, which I'm good on. (Between the time the jury is sworn and the prosecutor's opening statement, prosecutor has to give defense any prior written or recorded statements of people to be called as witnesses and their criminal records). But then it says "Prosecutor waited 30 days after arraignment and only after being served with discovery demands by Lawyer. This notice is not timely, and, thus, the court should not allow such evidence to be put forth by Prosecutor."

Is it a given that 30 days after arraignment is after the window for Rosario rule? The model answer is so conclusory on that point. I looked up the student answers and they have a different rule, so maybe the law has changed but Barbri didn't update its answer well?

[AJS30]

So my battery on my computer probably only last two hours. Do I go to the apple store and buy a new battery or just pray that my outlet works? I don't really see the need for a new battery because I just keep my computer plugged in all the time, but getting a little nervous.

[sarahh]

I know it got mentioned earlier, but I'm actually sort of alarmed at how many times "notice of alibi" is an issue in the essays. There was nothing at all in the lecture about this.

Why am I paranoid I'm gonna forget something?

Pencils
Exam ticket
ID
Computer

That's it right?

Clothes. Wear them.

With regard to the "quiet" snack we're allowed, does that mean I can actually eat during the test? I'm a stress eater.

I think so, if it is quiet. I am putting my snack in a small zip lock bag so I do not have to unwrap anything during the exam.

[encore1101]

The sample candidate answers selected by the Board received scores superior to the average scale score awarded for the relevant essay. They have been reprinted without change, except for minor editing. These essays should not be viewed as "model" answers, and they do not, in all aspects, accurately reflect New York State law and/or its application to the facts. These answers are intended to demonstrate the general length and quality of responses that earned above average scores on the indicated administration of the bar examination. There answers are not intended to be used as a means of learning the law tested on the examination, and their use for such a purpose is strongly discouraged.

Lifted from the NY Bar Examiner's website. So anyone relying on model answers provided by BOLE shouldn't be concerned if the answer from the model essay does not match with your answer. I don't know for certain, but I'm willing to bet BarBri model essay answers are not necessarily correct, as well.

This has been bothering me. Granted, I'm a dummy when it comes to crim law/procedure but the model answer to essay 46 references the Rosario rule, which I'm good on. (Between the time the jury is sworn and the prosecutor's opening statement, prosecutor has to give defense any prior written or recorded statements of people to be called as witnesses and their criminal records). But then it says "Prosecutor waited 30 days after arraignment and only after being served with discovery demands by Lawyer. This notice is not timely, and, thus, the court should not allow such evidence to be put forth by Prosecutor."

Is it a given that 30 days after arraignment is after the window for Rosario rule? The model answer is so conclusory on that point. I looked up the student answers and they have a different rule, so maybe the law has changed but Barbri didn't update its answer well?

The answer you seek is in CPL §240.45, which states that so-called Rosario information must be turned over to the defendant after the jury has been sworn in, but before the prosecutor's opening statement.

[Guchster]

I've done two sets of the NCBE released questions and my scores on both equalled what I basically got on the mixed questions sets (a few percentage points lower).

[turquoiseturtle]

I've done two sets of the NCBE released questions and my scores on both equalled what I basically got on the mixed questions sets (a few percentage points lower).

Yay! Thanks for this info. Over in the general Barbri thread people are freaking me out a little bit with talking about how different (not easier/harder, just different) they find the questions. Are they really so different that I should spend money on them?

[TrustMeI'mAnActress]

I've done two sets of the NCBE released questions and my scores on both equalled what I basically got on the mixed questions sets (a few percentage points lower).

Did you find the questions to be similar in terms of topics/difficulty (i.e., less difficult than Barbri's other questions)?

[Guchster]

They are on a computer screen so it's difficult to be completely sure, but they definitely feel much shorter and simpler. I'm not getting frustrated in understanding the question or answer choices like I am with barbri questions. They cut out a lot of extraneous bullshit that sometimes make doing barbri qs exhausting.

That being said, they're much more blunt and to the point. But they seem to be much more nitpicky--if you misread a word or don't think of an exception you'll get it wrong.

I believe there's some free ones on the MBE 2014 outline on its website. Give those a shot and you can see what I mean.

[Guchster]

For example in one question, a non-merchant gave an acceptance expressly conditioned on the fact that he got a merchant's warrant (or some weird interpretation of the warrant of merchantability)

One of the answer choices was basically "battle of the forms--this is a rejection and not an acceptance because of the language "expressly condition" but the correct answer was hidden in an answer choice that the warrant of merchantability is already contained in all contracts (and the "express conditional" language in battle of the forms questions only applies to NEW terms and not terms hidden in the contract).

[TrustMeI'mAnActress]

They are on a computer screen so it's difficult to be completely sure, but they definitely feel much shorter and simpler. I'm not getting frustrated in understanding the question or answer choices like I am with barbri questions. They cut out a lot of extraneous bullshit that sometimes make doing barbri qs exhausting.

That being said, they're much more blunt and to the point. But they seem to be much more nitpicky--if you misread a word or don't think of an exception you'll get it wrong.

I believe there's some free ones on the MBE 2014 outline on its website. Give those a shot and you can see what I mean.

Would love to take a look - would you mind passing along a link? I was trying to find some and had no success.

[Guchster]

They are on a computer screen so it's difficult to be completely sure, but they definitely feel much shorter and simpler. I'm not getting frustrated in understanding the question or answer choices like I am with barbri questions. They cut out a lot of extraneous bullshit that sometimes make doing barbri qs exhausting.

That being said, they're much more blunt and to the point. But they seem to be much more nitpicky--if you misread a word or don't think of an exception you'll get it wrong.

I believe there's some free ones on the MBE 2014 outline on its website. Give those a shot and you can see what I mean.

Would love to take a look - would you mind passing along a link? I was trying to find some and had no success.

At the end thereof
--LinkRemoved--

caveat: i have no idea if those are released mbe questions but they're very, very similar to a few Qs I've encountered in the released exams and about the same level of difficulty.

[TrustMeI'mAnActress]

They are on a computer screen so it's difficult to be completely sure, but they definitely feel much shorter and simpler. I'm not getting frustrated in understanding the question or answer choices like I am with barbri questions. They cut out a lot of extraneous bullshit that sometimes make doing barbri qs exhausting.

That being said, they're much more blunt and to the point. But they seem to be much more nitpicky--if you misread a word or don't think of an exception you'll get it wrong.

I believe there's some free ones on the MBE 2014 outline on its website. Give those a shot and you can see what I mean.

Would love to take a look - would you mind passing along a link? I was trying to find some and had no success.

At the end thereof
--LinkRemoved--

Many thanks!

[turquoiseturtle]

For example in one question, a non-merchant gave an acceptance expressly conditioned on the fact that he got a merchant's warrant (or some weird interpretation of the warrant of merchantability)

One of the answer choices was basically "battle of the forms--this is a rejection and not an acceptance because of the language "expressly condition" but the correct answer was hidden in an answer choice that the warrant of merchantability is already contained in all contracts (and the "express conditional" language in battle of the forms questions only applies to NEW terms and not terms hidden in the contract).

That is super picky. Makes me nervous because I've gotten into a bad habit of reading the facts and already guessing what answer I'm looking for. There have been a few times when I've picked answer A or B and not even read C or D...