July 2017 Texas Bar Exam Forum

[leib10]

Yep. The cardinal sin is not writing something down because you lost track of time or you spent too much time making sure that you got the law perfectly right. My brother (who is also taking the July bar) has a friend who didn't get to some essays, and if he would have written almost anything on them, he would have had enough points to pass. The reason? He spent too much time making sure the essays he did work on were perfect and never had time to get to the other essays.

Get to every essay and do your best, even if the law is made up, and you'll probably be fine.

[BVest]

I too have a close friend who got a 667 first try. Got stuck on question 10 where they were totally lost, and lost track of time. Then only got halfway through question 11 and did not get to question 12. Obviously it would not have taken much more to pass, and if you're struggling with a question, odds are good you're not getting many points relative to the amount of time you spend on it.

Point is, when you hit your move-on point, move on.

For me, my move-on point was 5 minutes over time (total -- not for each question, because that could leave you with only 5 minutes left for the last essay). For example, if the exam starts right at 9 am, then I needed to move on to the question 2 no later than 9:35; q3 by 10:05; etc.; and start q6 no later than 11:35, leaving me no less than 25 minutes.

I'm also a big believer in making an answer look finished even if it isn't. And following CIRAC closely, this was easy. Answer the call of the question twice and then type the answer. For example, to answer "what kind of entity, if any, did they form? explain completely," I would first type:

Dick and Jane formed a general partnership.


Therefore Dick and Jane formed a general partnership.

Then, between those two sentences, I would write my issue/rule/application in between those two sentences. If I ran out of time and had to move on to the next question, the fact that I had my conclusion at the end would make it look like I'd finished my thought. I don't know if that helps or not (I suspect it helps more on the MPT than the essays, at any rate).

[CAnow]

The first thing I did was scan each question enough to know which subject it was testing, and I would write the subject in the margin (consumer rights, secured transactions, etc). Then, instead of answering the questions in the order they appeared in the test booklet, I started with my strongest subject and worked my way down to my weakest. By quickly disposing of my strong subjects first, this gave me more time at the end to do my weaker subjects.

[np1211]

Does this sound correct?

in TX for adverse possession the statutory time period for the continuous requirement is
10 years, but if color of title it is 5 years and if color of title + ad valorem taxes then its 3 years?

[BVest]

Does this sound correct?

in TX for adverse possession the statutory time period for the continuous requirement is
10 years, but if color of title it is 5 years and if color of title + ad valorem taxes then its 3 years?

Color of Title - 3 years
Paying Taxes and with a deed - 5 years
Regular - 10 years
Regardless of disability of owner - 25 years

[+] Spoiler

Tex Civ Prac & Rem Code
Sec. 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:
(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.
(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 16.026. ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor's claim extends to the boundaries specified in the instrument.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1, 1989.


Sec. 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY. A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

[np1211]

Does this sound correct?

in TX for adverse possession the statutory time period for the continuous requirement is
10 years, but if color of title it is 5 years and if color of title + ad valorem taxes then its 3 years?

Color of Title - 3 years
Paying Taxes and with a deed - 5 years
Regular - 10 years
Regardless of disability of owner - 25 years

[+] Spoiler

Tex Civ Prac & Rem Code
Sec. 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:
(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.
(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 16.026. ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor's claim extends to the boundaries specified in the instrument.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1, 1989.


Sec. 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY. A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

Thanks

[sshumer]

I took the February 2017 exam and missed it by 9 points. My mpt was horrible but did not really pay much attention to it because it was 10% of points. My Crim and Civil were much better and all I did for those was go back to 2013 and do all of the questions posted on the Texas Bar website. The first time I studied with Kaplan but did not do that many essays. My first half of day 3 was amazing but second half sucked. So this time I just went to Texas bar website and did all the essays, made note of the most frequently asked rules and made my lean sheet off of that. I took the exam in Austin and brought my lunch because there was a whataburger within about a 5 min walk and the inside vendor, yes 1 vendor, had salads and sandwiches but very limited. Anyone hear about the lunch arrangements at the Irving convention center?
I may just bring lunch but not sure what the layout is for the convention center to get into a quiet place. Any ideas?

[Slow Your Roll]

Any guesses about specific topics for Texas Essays?

[TXforeignlawyer]

Sshumer - I am also sitting at the Irving Center. Looks like they have food places there, I will probably pack my own just in case there are lines. Never been so don't know the lay-out but it looks very big.

I called them to find out about parking and to ask if the lot fills up. The person I spoke to mentioned it fills up but couldn't say which time so that has left me a little unsure as to what time I plan on arriving there. How about you?

[Tiredbuthappyitsover]

Any guesses about specific topics for Texas Essays?

I took February 2017 and passed.

For the UCC pairing, I had commercial paper/sales of goods (no secured transactions anywhere to be found). So I would guess you'll have a secured transactions/commercial paper pairing this time around (sales of goods isn't tested that often).

Trusts/guardianships: July 2016 had guardianships, February 2017 had trusts. Who knows for July 2017, but history leans in favor of trusts. Don't kill me if you get a guardianships question though-they recently re-did the guardianship rules in 2015, so they may go back there to test that new stuff.

[np1211]

Anyone have any advice on how to approach Commercial Paper? I feel completely lost, I am getting very lost in the language and just can't seem to get hold of this one subject.

[BVest]

Anyone have any advice on how to approach Commercial Paper? I feel completely lost, I am getting very lost in the language and just can't seem to get hold of this one subject.

Hand outline the basics (especially the lists/ elements of the most important items -- Instrument, Holder, Holder in Due Course, Real Defenses, Personal Defenses) onto just 2 pages; to edit this into a useful format, you'll probably have to go through 2-3 versions (which is by design). Once it's done, let it be the last thing you look at before you leave your car on Thursday morning. If it doesn't appear on the exam in the morning, let it also be the last thing you look at before you leave your car after lunch (at which point you can carry with you up to the door of the secured area and throw it in the recycling/garbage on the way in).

Also if your property class covered Bona Fide Purchaser for Value, remember that Holder in Due Course is basically a commercial paper analog to BFP (and the shelter rule applies to HDC just like it does to BFP). That should help you learn HDC/shelter rule, at least well enough to bs your way through it.

Code: Select all

HDC        BFP
For Value   For Value
Good Faith Good Faith
No Notice  No Notice/knowledge

[lovesthelaw]

How many out of 20 is 'passing' on each part of the P&E?

[shawktheworld]

How many out of 20 is 'passing' on each part of the P&E?

I can't give you an answer, but to get an idea of how the average bear does, you should take a look at the answers on the BLE website--the answers usually identify if almost all, most, many, or few examinees got something correct. A lot of "few examinees knew..." on the Criminal P&E. And at any rate, both are very learnable, especially the Civil P&E since the BLE tests the same shit over and over.

[ilovelacroix]

Has anyone had a problem with laptops and not being able to reach an outlet in a testing center, specifically re: Austin?

I know they sent out some email awhile ago saying like, have at least an 8 foot extension cord because we can't guarantee you will reach. How literally should we take that email? My laptop could probably last the entire day (really only the third day since 1st day is only 3 hours and 2nd is part MBE), but I don't want to be stuck in a position where my laptop dies because I am 2 feet short of an outlet.

Anyone have any extra info about this? Can't figure out if I should call BLE or the testing center direct

[BVest]

How many out of 20 is 'passing' on each part of the P&E?

It's not binary like multiple choice. As a raw score, you get from 0-5 points for each question. But then the scale is scored to the rest of the exam. As a result, "passing" (i.e. the number of points you need to score in order to get a 135 from that section and be on track for a 675 overall if you were to get a 135 on every section) is whatever score is better than approximately the bottom 1/3 of test takers.

Has anyone had a problem with laptops and not being able to reach an outlet in a testing center, specifically re: Austin?

In July 2015 Austin was set up with two people for every 6-foot rectangular table (standard 72x30" folding table), and each table had its own power strip, so you should be fine. I assume it will be the same because "1 power strip per table" is a really easy instruction to give one a banquet event order (the order form for telling convention centers how to set up a room).

Since you're fine for Tuesday, even if they have changed something since 2015, you'll have a chance to preview that and can buy an extension cord that afternoon for Thursday (or just arrive early Thursday so that you get to pull the power strip toward you).

[TheJanitor6203]

How many out of 20 is 'passing' on each part of the P&E?

It's not binary like multiple choice. As a raw score, you get from 0-5 points for each question. But then the scale is scored to the rest of the exam. As a result, "passing" (i.e. the number of points you need to score in order to get a 135 from that section and be on track for a 675 overall if you were to get a 135 on every section) is whatever score is better than approximately the bottom 1/3 of test takers.

Has anyone had a problem with laptops and not being able to reach an outlet in a testing center, specifically re: Austin?

In July 2015 Austin was set up with two people for every 6-foot rectangular table (standard 72x30" folding table), and each table had its own power strip, so you should be fine. I assume it will be the same because "1 power strip per table" is a really easy instruction to give one a banquet event order (the order form for telling convention centers how to set up a room).

Since you're fine for Tuesday, even if they have changed something since 2015, you'll have a chance to preview that and can buy an extension cord that afternoon for Thursday (or just arrive early Thursday so that you get to pull the power strip toward you).

So is the test curved as a whole or is each section curved individually?

[BVest]

How many out of 20 is 'passing' on each part of the P&E?

It's not binary like multiple choice. As a raw score, you get from 0-5 points for each question. But then the scale is scored to the rest of the exam. As a result, "passing" (i.e. the number of points you need to score in order to get a 135 from that section and be on track for a 675 overall if you were to get a 135 on every section) is whatever score is better than approximately the bottom 1/3 of test takers.

Has anyone had a problem with laptops and not being able to reach an outlet in a testing center, specifically re: Austin?

In July 2015 Austin was set up with two people for every 6-foot rectangular table (standard 72x30" folding table), and each table had its own power strip, so you should be fine. I assume it will be the same because "1 power strip per table" is a really easy instruction to give one a banquet event order (the order form for telling convention centers how to set up a room).

Since you're fine for Tuesday, even if they have changed something since 2015, you'll have a chance to preview that and can buy an extension cord that afternoon for Thursday (or just arrive early Thursday so that you get to pull the power strip toward you).

So is the test curved as a whole or is each section curved individually?

Technically it's scaled. Not curved. (Minor difference). The MBE is scaled first (and equated to past MBE administrations) and then the essays, P/E, and MPT are all scaled to the same Mean and Standard Deviation as the MBE.

You have other things to worry about right now, but if you want to know more: https://ble.texas.gov/scoring_and_weighting

[sshumer]

Sshumer - I am also sitting at the Irving Center. Looks like they have food places there, I will probably pack my own just in case there are lines. Never been so don't know the lay-out but it looks very big.

I called them to find out about parking and to ask if the lot fills up. The person I spoke to mentioned it fills up but couldn't say which time so that has left me a little unsure as to what time I plan on arriving there. How about you?

I will probably bring mine like i did in Austin. My husband comes fir support and driving, so parking not an issue.

[sshumer]

Sshumer - I am also sitting at the Irving Center. Looks like they have food places there, I will probably pack my own just in case there are lines. Never been so don't know the lay-out but it looks very big.

I called them to find out about parking and to ask if the lot fills up. The person I spoke to mentioned it fills up but couldn't say which time so that has left me a little unsure as to what time I plan on arriving there. How about you?

I will probably bring mine like i did in Austin. My husband comes fir support and driving, so parking not an issue.

I usually get to exams by 7:30 , pick my quiet place and think, keep calm, and breath. Lol

[czechos37]

Has anyone ever sat for the exam in the San Antonio location? I'm coming from NJ and my fiance will be with me, so he'll be dropping me off each day and will take the rental car with him. Just wondering if there is a place I can keep a packed lunch in the facility or if there is a close place I can walk to to grab something to eat? Would prefer to pack something and leave it somewhere if possible.

[lovesthelaw]

Sorry--one more question about the P&E: if typing, are there character, word, or line limits for it? Will it say? Basically, how does the P&E work with the software--both in terms of how many questions we put it in for it (40?) and the limit? Thanks so much!

[leib10]

Who else is over this? My motivation has slackened considerably this las week. I'm nervous, but I want to get it over with even more so.

[TheWalrus]

Who else is over this? My motivation has slackened considerably this las week. I'm nervous, but I want to get it over with even more so.

I think everyone is in this boat. I'm just accepting my essays are going to be awful.

[BVest]

Sorry--one more question about the P&E: if typing, are there character, word, or line limits for it? Will it say? Basically, how does the P&E work with the software--both in terms of how many questions we put it in for it (40?) and the limit? Thanks so much!

Each answer is limited to 360 characters. A character includes a letter, space,
punctuation mark, or symbol. SofTest features a running character count in the
bottom of each screen.