Themis Bar Review Hangout - July 2016 Forum

[BarPreppin'12]

Anyone getting real frustrated w/ the graded essays? My grader, for the second time, missed my entire section on conspiracy crimes and noted in red bold letters, "Missed issue: conspiracy." He's done this before, where on that instance, I didn't discuss an obviously non-issue; the Themis director even agreed with me.

I really couldn't give a crap about what Themis grades me, but i do feel uneasy that I am still not quite sure where I am with the essays.

My grader missed issues a few times. He also keeps saying my essay are too choppy and do not flow (I'm following CIRAC diligently). I'm not too worried as I think the actual essay graders will not miss huge paragraphs.

It wouldn't surprise me if actual essay graders are even worse than Themis essay graders

I've heard from colleagues of mine that bar graders, at least in FL, are pretty generous. We had a secured transactions/commercial paper essay on the FEB bar, and she wrote her response as a contracts essay. Got almost 40 points.

Yeah, and actually, if you look at the Florida Bar website, they have model answers. The model answers are horrible, and not even close to the detail we get in the sample answers. I think the people who are grading know that we are under pressure, asked to fully evaluate a fact pattern in a period of one hours, and unable to research. I think they know exactly what the deal is, and will likely act in a fair way.

[ultimolugar]

Anyone getting real frustrated w/ the graded essays? My grader, for the second time, missed my entire section on conspiracy crimes and noted in red bold letters, "Missed issue: conspiracy." He's done this before, where on that instance, I didn't discuss an obviously non-issue; the Themis director even agreed with me.

I really couldn't give a crap about what Themis grades me, but i do feel uneasy that I am still not quite sure where I am with the essays.

My grader missed issues a few times. He also keeps saying my essay are too choppy and do not flow (I'm following CIRAC diligently). I'm not too worried as I think the actual essay graders will not miss huge paragraphs.

It wouldn't surprise me if actual essay graders are even worse than Themis essay graders

I've heard from colleagues of mine that bar graders, at least in FL, are pretty generous. We had a secured transactions/commercial paper essay on the FEB bar, and she wrote her response as a contracts essay. Got almost 40 points.

Yeah, and actually, if you look at the Florida Bar website, they have model answers. The model answers are horrible, and not even close to the detail we get in the sample answers. I think the people who are grading know that we are under pressure, asked to fully evaluate a fact pattern in a period of one hours, and unable to research. I think they know exactly what the deal is, and will likely act in a fair way.

We actually had a former student, and successful bar taker, come to give a Q and A about his experience, and he made light of it when someone asked him how he was enjoying practice.

"It's great, the partner asked me to sit in a closet with no materials and give him a concise memo about the likelihood of success of a client's tort claim against the city on my lunch hour. Wait... no... that was the bar exam."

[bulinus]

Sorry if this has been asked before, but what does "MyThemis Learners" mean?

[Vantwins]

In general, I really like the Critical Pass flash cards, but I'm just going through the evidence ones for the first time and not sure the way they are organized makes much sense to me, unfortunately. bummer.

[mu13ski]

Sorry if this has been asked before, but what does "MyThemis Learners" mean?

Huh? In what context? It seems to be the name of the website

[Easy-E]

I think I totally confused Themis at this point. It has me just doing the graded crim essay then reviewing. I figured I was just doing a set of 50 daily at this point (which I am going to do).

[ndp1234]

I think I totally confused Themis at this point. It has me just doing the graded crim essay then reviewing. I figured I was just doing a set of 50 daily at this point (which I am going to do).

Themis is doing the same to me (81% completion). For the past week, I've been doing an additional set of 50 PQ each day even though it's not scheduled. I do what it assigns me for the day plus an extra set or practice essay. I refuse to just spending an entire day doing 1 or 2 essays or just reviewing this close to the exam.

[blach0987]

I think I totally confused Themis at this point. It has me just doing the graded crim essay then reviewing. I figured I was just doing a set of 50 daily at this point (which I am going to do).

Themis is doing the same to me (81% completion). For the past week, I've been doing an additional set of 50 PQ each day even though it's not scheduled. I do what it assigns me for the day plus an extra set or practice essay. I refuse to just spending an entire day doing 1 or 2 essays or just reviewing this close to the exam.

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

[Easy-E]

I think I totally confused Themis at this point. It has me just doing the graded crim essay then reviewing. I figured I was just doing a set of 50 daily at this point (which I am going to do).

Themis is doing the same to me (81% completion). For the past week, I've been doing an additional set of 50 PQ each day even though it's not scheduled. I do what it assigns me for the day plus an extra set or practice essay. I refuse to just spending an entire day doing 1 or 2 essays or just reviewing this close to the exam.

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

I'm 65% right now. I'm doing a 50 set daily, whatever practice/graded essays are assigned. I would consider starting to do 2 x 50 daily but I don't think there is enough sets for that. I guess I could do the optional single topic sets.

I've been spending an hour or so before bed just reviewing an FRO, but I might start either doing that during the day too or start making some flashcards. I was thinking of doing them for just the stuff I think I want to know cold for MEE questions, not every little detail. I feel pretty good about the MBE at this point.

[Easy-E]

I wish Themis had an option for me to change my answer when I was just a dipshit and clicked wrong

[bsktbll28082]

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

Closing in on 70% today. I've been doing a lot of the 50 mixed sets and I just finished all the individual sections of the S&T book. Currently reviewing why I got questions wrong and will update my outlines. Between now and the exam, I will continue to do as many MC questions as I can as well as read over the essay topics.

[Chardee_MacDennis]

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

I'm about 72% right now. I'm going to hold off on the rest of the MC for now and instead do a deep review of all MBE subjects, focusing on my weak areas. I'll probably do that in the AM for 1.5-2 hrs, and then in the afternoon review the FROs for the MEE subjects and outline the remaining practice essays for about 3-4 hrs. Next week, I'll do the same but throw in a 50 MC set each day.

[Nebby]

I think I totally confused Themis at this point. It has me just doing the graded crim essay then reviewing. I figured I was just doing a set of 50 daily at this point (which I am going to do).

Themis is doing the same to me (81% completion). For the past week, I've been doing an additional set of 50 PQ each day even though it's not scheduled. I do what it assigns me for the day plus an extra set or practice essay. I refuse to just spending an entire day doing 1 or 2 essays or just reviewing this close to the exam.

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

Yep

[Fivedham]

I'm at 77%, have been following the Recommended Schedule like a bible until this past Friday, when I fell behind due to the mountain of essays it's been assigning. I'm starting to consider deviating now on so I can focus on memorization and MBE practice sets. Anyone else in the same boat?

Doing PA/NJ, so statistically, Themis says I have a ~ 90% pass rate now. Why does that seem unbelievable still?

[hogfan1991]

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?[/quote]

I'm at 67.4%. I'm going to hard core focus on a single topic each day for the MBE topics and then do a set of mixed MBE at night probably. I"ll mix in MEE subjects maybe every other day, or however best it fits in a day. I wish we could hit "review" sections complete out of order because I'm going to be going out of order.

[PotLuck]

What method are you all using to memorize stuff for the MEE? I feel like the amount of information we need to know is insane.

[ChocolateTruffle]

What method are you all using to memorize stuff for the MEE? I feel like the amount of information we need to know is insane.

I need tips for this too. I'm starting to get more worried about the MEE than the MBE! There's just too much to know, and it's not like the right answer is in front of your face to pick!

[Vantwins]

I'm only at 61%, but not because I'm slacking, I've just been devoting so much time to drilling my notes and flash cards for the MBE topics, since those are testable on essay day too, so I kill two birds with one stone. I'm doing the simulated MBE test on Wednesday - will review that Wednesday night and thursday and then most of my focus will be on essays after that. I'm feeling decent about the MBE and confident about the MPT, but still totally overwhelmed by the essays, so that'll be my main focus in the home stretch. And MD weighs essays/MPT at 2/3 of the total score, so...yikes.

has anyone come across a sample MPT that's trickier - not the typical "write a memo," that they could point me towards? I need to try one with a strange format at least once before test day, just in case!

[ndp1234]

I'm only at 61%, but not because I'm slacking, I've just been devoting so much time to drilling my notes and flash cards for the MBE topics, since those are testable on essay day too, so I kill two birds with one stone. I'm doing the simulated MBE test on Wednesday - will review that Wednesday night and thursday and then most of my focus will be on essays after that. I'm feeling decent about the MBE and confident about the MPT, but still totally overwhelmed by the essays, so that'll be my main focus in the home stretch. And MD weighs essays/MPT at 2/3 of the total score, so...yikes.

has anyone come across a sample MPT that's trickier - not the typical "write a memo," that they could point me towards? I need to try one with a strange format at least once before test day, just in case!

The one I was assigned today was a legal argument for a brief that I found challenging because it took me a while to figure out how to organize it. It was "In Re Rowan" This was the first one where I felt I had no idea how to start.

[ChocolateTruffle]

I'm only at 61%, but not because I'm slacking, I've just been devoting so much time to drilling my notes and flash cards for the MBE topics, since those are testable on essay day too, so I kill two birds with one stone. I'm doing the simulated MBE test on Wednesday - will review that Wednesday night and thursday and then most of my focus will be on essays after that. I'm feeling decent about the MBE and confident about the MPT, but still totally overwhelmed by the essays, so that'll be my main focus in the home stretch. And MD weighs essays/MPT at 2/3 of the total score, so...yikes.

has anyone come across a sample MPT that's trickier - not the typical "write a memo," that they could point me towards? I need to try one with a strange format at least once before test day, just in case!

The one I was assigned today was a legal argument for a brief that I found challenging because it took me a while to figure out how to organize it. It was "In Re Rowan" This was the first one where I felt I had no idea how to start.

That's good to know. I was going to skip it, but now I think I'll do it after all!

[hirkaismyname]

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

Closing in on 70% today. I've been doing a lot of the 50 mixed sets and I just finished all the individual sections of the S&T book. Currently reviewing why I got questions wrong and will update my outlines. Between now and the exam, I will continue to do as many MC questions as I can as well as read over the essay topics.

How long did it take you to do the ind. section for each subject? Does that include the "attack" advice they give you prior to each subject?

Thanks.

[rambleon65]

For those who haven't hit like 75% at this point, what are you focusing on? Just doing daily set of 50 questions?

I'm at 67.4%. I'm going to hard core focus on a single topic each day for the MBE topics and then do a set of mixed MBE at night probably. I"ll mix in MEE subjects maybe every other day, or however best it fits in a day. I wish we could hit "review" sections complete out of order because I'm going to be going out of order.

Just around 66%. My goal is to get to 80% by this Sunday/next Monday (~2% per day), which will give me a week and a half to do more memorization / practice essays. I am taking MA, which is one of the easier bars, FWIW. I feel good about the MBE, just need to get to the MEE stuff.

[Vantwins]

I'm only at 61%, but not because I'm slacking, I've just been devoting so much time to drilling my notes and flash cards for the MBE topics, since those are testable on essay day too, so I kill two birds with one stone. I'm doing the simulated MBE test on Wednesday - will review that Wednesday night and thursday and then most of my focus will be on essays after that. I'm feeling decent about the MBE and confident about the MPT, but still totally overwhelmed by the essays, so that'll be my main focus in the home stretch. And MD weighs essays/MPT at 2/3 of the total score, so...yikes.

has anyone come across a sample MPT that's trickier - not the typical "write a memo," that they could point me towards? I need to try one with a strange format at least once before test day, just in case!

The one I was assigned today was a legal argument for a brief that I found challenging because it took me a while to figure out how to organize it. It was "In Re Rowan" This was the first one where I felt I had no idea how to start.

thanks!

[unidentifiable]

Anyone else get this "wild deed" question?

[+] Spoiler

Question 6229

The owner of a restaurant decided to pursue a different line of work, so he conveyed the restaurant to an up-and-coming chef. The owner executed a valid, written deed to the chef, who did not record the deed. The chef was talented, but he did not understand how to run a business, so his restaurant failed within a few months. A culinary school, in search of a new location to hold their cooking classes, purchased the restaurant from the chef. The chef executed a valid, written deed to the culinary school, and the culinary school promptly recorded the deed. After the sale, but before the culinary school had a chance to occupy the restaurant space, the original owner noticed that the restaurant was vacant. The owner then conveyed the space to a fast-food chain, and the fast food chain promptly recorded the deed. The owner did not tell the fast-food chain of his earlier conveyance of the restaurant to the chef and the fast-food chain otherwise lacked actual knowledge of this conveyance. Subsequently, the chef recorded the deed from the owner conveying the restaurant to him. When the fast-food chain attempted to take possession of the restaurant, it discovered the culinary school had moved into the restaurant. The fast-food chain has filed an appropriate action for quiet title against the owner, the chef and the cooking school. The jurisdiction in which the restaurant is located applies a race-notice recording statute. Who will prevail?

Answers:

The owner
The chef
The culinary school
Correct Answer: The fast-food chain

Rationale:

Answer choice D is correct. Although an instrument is recorded and indexed in the recording office, it’s possible that it was not recorded in such a way as to give notice to subsequent purchasers. The school’s recording would not suffice to put the fast-food chain on notice of the earlier sale because the chef never recorded his deed. A search by the owner’s name would indicate that the owner had the ability to transfer a valid deed to the fast-food restaurant. Here, the restaurant is located in a race-notice jurisdiction. Under the race-notice statute, the culinary school’s prior recording of the deed from the chef to the culinary school does not count because it is a “wild deed”—a deed not within the chain of title—due to the failure of the chef to promptly record his deed to the restaurant that he received from the owner. In addition, the fast-food chain did not have inquiry notice of the owner’s deed to the chef at the time of its purchase of the restaurant from the owner because the restaurant was then unoccupied. The fast food chain also did not have actual or constructive notice of the deed to the chef. For these reasons, the fast food chain will prevail, and thus answer choices A, B, and C are incorrect.

fuck that.

[Chardee_MacDennis]

Property Session 5:

[+] Spoiler

A sporting goods store owner purchased football equipment from a supplier and gave the supplier an unsecured, nonnegotiable promissory note. Prior to the date on which payment of the note was required, the owner asked the supplier for an extension of time to pay the note. The supplier demanded in exchange that the owner execute a mortgage with respect to the store itself to serve as security for payment of the note. When the owner refused, the supplier threatened to reveal to the police that the owner was running an illegal bookmaking operation in the back of the store. Acting under duress, the owner executed the mortgage, which the supplier promptly recorded. Shortly afterwards, the owner transferred ownership of the store to his daughter as a gift. The daughter assumed the obligation to pay the promissory note. The note is now in default and the supplier has instituted foreclosure proceedings on the mortgage.

Can the daughter assert the owner’s defense of duress against the supplier?

Answers:

No, because the supplier recorded its mortgage prior to the transfer of the store to the owner’s daughter.
You Selected: No, because the daughter received ownership of the store as a gift.
Yes, because the daughter is related to the owner.
Correct Answer: Yes, because, as a donee, the owner’s daughter is entitled to enjoy the same rights with respect to the store as those enjoyed by the owner.
Rationale:

Answer choice D is correct. A donee who takes property that has been mortgaged is entitled to assert the donor’s defenses against the mortgagee. (Note: By contrast, the purchaser of a property that has been mortgaged who assumes the mortgage cannot generally assert the defenses of mortgagor-seller against the enforcement of the mortgage if the purchase price reflects the assumption of the mortgage. Otherwise, the purchaser would, by being permitted to avoid the assumed obligation, be unjustly enriched.) Answer choice A is incorrect. While the supplier’s recording of the mortgage serves to protect the supplier from any claim by a subsequent good faith purchaser that the purchaser’s rights have priority over the supplier’s mortgage, the owner’s daughter took ownership by gift rather than by purchase. Consequently, the supplier’s recording of its mortgage is not relevant to the ability of the daughter to assert her father’s defense. Answer choice B is incorrect because, as noted with regard to answer choice D, it is the fact that the daughter took ownership of the store through a gift that allows her to assert her father’s duress defense. Answer choice C is incorrect. The familial relationship of the daughter to the owner is not relevant because the daughter took the property by gift rather than by the law of intestacy. Her ability to assert the owner’s defense of duress arises from her status as donee of his property interest in the mortgaged store and not from her status as the owner’s daughter.

Where is the support in the outline for the premise that a donee can assert the same defenses as a mortgagor?