July 2017 -- Barbri UBE Hangout Forum

[Harvard_Naw]

Anyone know why Barbri wants us to skip the first MEET Civ Pro Essay and just go straight to Civ Pro Essay #2?

[Toubro]

Anyone know why Barbri wants us to skip the first MEET Civ Pro Essay and just go straight to Civ Pro Essay #2?

Yes, because they let you submit Civ Pro essay #1 for grading -- see June 7 on the personal study plan. (So they probably created an answer key and grading guidelines for it which they've distributed to the graders, etc.)

I still haven't received my Torts essay back from grading though

[bballbb02]

What counts as a valid final judgement merits for purposes of issue and claim preclusion... I know lack of pj/smj do not but do settlements or grant of summary judgment count as valid final judgment??

[cnk1220]

What counts as a valid final judgement merits for purposes of issue and claim preclusion... I know lack of pj/smj do not but do settlements or grant of summary judgment count as valid final judgment??

For summary judgment to count as final judgment it has to resolve all issues to the parties- if the court grants SJ on 1 issue, it's not a final judgment if there are still remaining claims b/c by definition final judgment means trial court has made decision on merits of the ENTIRE case, so if there are still issues left, not FJ...not sure about the settlements, don't remember seeing any MBE questions on that.

Another one that is frequently tested in this area of the final judgment rule is regarding new trials. Granting a motion for a new trial is not a final judgment b/c trial court will hear the new trial and decide on its merits.

Hope this helps.

[acijku2]

Can someone explain to me how to know if an animal is wild for strict liability? I don't understand how bees and bulls are domestic.

[cnk1220]

Can someone explain to me how to know if an animal is wild for strict liability? I don't understand how bees and bulls are domestic.

There are some rules re: bees and bulls that you just should memorize- ie these are both domestic animals, prob. worth noting that these are released MBE Qs so NCBE is unlikely to use the bees/bulls again. I think the bulls are domestic because they are considered a farm animal and farm animals are considered domestic, NCBE is also referring to honeybees, they're considered domestic as well- so think honeybee not killerbee.

1. wild animals with dangerous propensities are always SL- like snakes, it doesn't matter if the owner keeps a snake that is defanged for instance, it's still a wild animal and will be strictly liable for any injuries caused- the rationale here is that wild animals cannot be tamed/domesticated no matter what (ie just because you defanged the snake, it doesn't matter), they are wild by nature, same as crazy people who keep tigers, lions, whatever else that belongs in the wild as pets. Another thing to note is that the harm must align with the type of harm the wild animal would normally cause (ie snake bite) for SL to be triggered, like if dumbo the flying elephant that Sally mcStupid decides makes a great pet and dumbo gets loose at night and decides to take a snooze on the sidewalk and you're out walking at night and trip over dumbo, Sally isn't strictly liable for your injuries because you tripped and fell- ie not the type of harm dumbo would normally cause.

2. for domestic animals- owner will be SL for harm caused if owner knows of animal's dangerous propensities (ie dog that has bitten before- now the owner of the dog has reason to know of dog's vicious propensities and must take precautionary steps to prevent this from happening again or SL. The standard is should know or reason to know of animal's vicious propensities here.

3. also- the classification of the person matters for determining SL as well: if someone is a trespasser, then SL doesn't apply for injuries either, except for injuries by a vicious watchdog (can't use deadly force to protect property).

4. And lastly, if you have a situation with trespassing animals (ie animal gets loose and gets onto someone else's property)- then the owner is strictly liable for the damage done by them if it was reasonably foreseeable.

[thelawyer1908]

I just did the Mock MBE and

THERE

WERE

NO

STATUTE

OF FRAUDS

QUESTIONS !!!!!

[bda]

This is a pretty basic question but, on essay only subjects like Trusts and Wills that are full of things like "minority view is X, majority view is Y," what are we supposed to write about on the essays? Given that we can't just look up our state's view on the topic given the universal aspect. Seems like we should just memorize and discuss it all in our easays but that seems like the biggest pain in the ass.

[cnk1220]

This is a pretty basic question but, on essay only subjects like Trusts and Wills that are full of things like "minority view is X, majority view is Y," what are we supposed to write about on the essays? Given that we can't just look up our state's view on the topic given the universal aspect. Seems like we should just memorize and discuss it all in our easays but that seems like the biggest pain in the ass.

To maximize points state both the majority and minority view. If you're testing in a UBE JX state law doesn't apply because you're being tested on the fundamental rules not any state's specific.

So say it's a wills Q write "the common law rule is ___, and in JX that follow the UPC the rule is ______.

[Toubro]

This is a pretty basic question but, on essay only subjects like Trusts and Wills that are full of things like "minority view is X, majority view is Y," what are we supposed to write about on the essays? Given that we can't just look up our state's view on the topic given the universal aspect. Seems like we should just memorize and discuss it all in our easays but that seems like the biggest pain in the ass.

Yeah, I would just add to what CNK said that SHOULD NOT look up what your state does and bring it up. On the MEE, at least, that would be the wrong answer because it specifically instructs you to ignore your state's variations and speak in generalities like majority/minority, etc.

New York, for example, has already determined basic competence in NY law through the NYLE (in theory lol).

[Sprout]

I just started real property and jeez this lady makes me regret my life choices

[bda]

Does our Personal Homework get integrated into our daily assignments at some point or are we supposed to work it in to our "free time" somewhere?

[Harvard_Naw]

Does our Personal Homework get integrated into our daily assignments at some point or are we supposed to work it in to our "free time" somewhere?

Na. We're supposed to make time for it. Barbri suggests the weekend.

[SowhatsNU]

I checked the progress bar, and it says that everyone has only completed 14% of the program, while they've given us 22% already- does that mean basically EVERYONE is behind? Because then I feel great.

(I get the whole outliers and mean/median thing, but generally speaking- looking for any kind of encouragement here)

[cnk1220]

I checked the progress bar, and it says that everyone has only completed 14% of the program, while they've given us 22% already- does that mean basically EVERYONE is behind? Because then I feel great.

(I get the whole outliers and mean/median thing, but generally speaking- looking for any kind of encouragement here)

Everyone is usually behind on barbri completion- it's almost impossible to complete EVERYTHING they assign and usually people don't. This is not an indication of how well you will do on the bar though.

[Toubro]

Anyone who's using Critical Pass / other supplements, how are you integrating into Barbri's schedule?

I don't have mine yet, but intend to use the FCs when Barbri recommends going over notes or the conviser. Unclear though and open to suggestions.

[law9871]

Anyone who's using Critical Pass / other supplements, how are you integrating into Barbri's schedule?

I don't have mine yet, but intend to use the FCs when Barbri recommends going over notes or the conviser. Unclear though and open to suggestions.

Between lectures or at night as a brief overview it's helpful to flip through the Critical Pass cards. Information is spot on with Barbri Lectures!

[esrom55]

I just did the Mock MBE and

THERE

WERE

NO

STATUTE

OF FRAUDS

QUESTIONS !!!!!

Are you talking about the MBE that we're scheduled to take at the end of June? the 200 question one?

Man, you're way ahead of me. i thought I was doing pretty well staying pretty much on pace, but I haven't even started covering some of the MBE topics...

[Toubro]

I just did the Mock MBE and

THERE

WERE

NO

STATUTE

OF FRAUDS

QUESTIONS !!!!!

Are you talking about the MBE that we're scheduled to take at the end of June? the 200 question one?

Man, you're way ahead of me. i thought I was doing pretty well staying pretty much on pace, but I haven't even started covering some of the MBE topics...

Well "on pace" would mean you've only covered 3 MBE subjects to far, but if you're beyond that then you're ahead.

[esrom55]

I just did the Mock MBE and

THERE

WERE

NO

STATUTE

OF FRAUDS

QUESTIONS !!!!!

Are you talking about the MBE that we're scheduled to take at the end of June? the 200 question one?

Man, you're way ahead of me. i thought I was doing pretty well staying pretty much on pace, but I haven't even started covering some of the MBE topics...

Well "on pace" would mean you've only covered 3 MBE subjects to far, but if you're beyond that then you're ahead.

Yeah, I've been keeping pretty much to the schedule--covering criminal law today, plus torts, civ pro, and property previously. I more was saying that, while I have learned/refreshed a lot, I am not at all ready to take a full MBE and was curious what Mr./Mrs. theLawyer1908 had done so far to be ready to take the full 200 question faux MBE.

[lakers180]

can someone explain how the barbri online questions overlap with the ones in the book.
are the sets we're assigned online the same as in the book. i thought they were but some say MPQ book others say Studysmart, so if its set two studysmart does that mean that MPQ book set 2 is never assigned?
also the mixed sets is that free to do on your own or do they assign later?

thanks

[Toubro]

can someone explain how the barbri online questions overlap with the ones in the book.
are the sets we're assigned online the same as in the book. i thought they were but some say MPQ book others say Studysmart, so if its set two studysmart does that mean that MPQ book set 2 is never assigned?
also the mixed sets is that free to do on your own or do they assign later?

thanks

They're the same. I only do it in the book (I like paper and pencil tests and it's more realistic this way) and transfer them online.

The mixed sets will be assigned in the PSP after all the substantive MBE lectures are done. (On that note, can anyone believe that we're basically just a week away from being done with all 7 MBE topics?!)

[Ravenclaw23]

How are people memorizing the BLL? I took every course on the MBE in law school, so most of the rules sound familiar, but I'm struggling to remember nuances, especially as I continue adding new subjects every few days. Are the critical pass flashcards the best option?

[MrT]

How are people memorizing the BLL? I took every course on the MBE in law school, so most of the rules sound familiar, but I'm struggling to remember nuances, especially as I continue adding new subjects every few days. Are the critical pass flashcards the best option?

Try making your own outline for each subject, review that outline, and then condense it as you're becoming more and more familiar. You should be able to get every subject down to a few pages.

[bballbb02]

how important are the barbri question set goals? they seem to say dont worry if you dont hit them