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Lol I was gonna say that looks like Shelley's case, and it should be neither b/c FSA to landowner. But wouldn't the Rule of convenience say you close it when it vests, which wouldn't happen until the father dies since it closes the class only when immediate possession is possible (i.e. his life estate ends?)

KissMyAxe wrote:

aw2768 wrote:Can someone explain to me how this is robbery and not plain larceny?

A man broke into and entered a home at night with the intent of bludgeoning the homeowner to death with a baseball bat. Upon seeing the man raise the baseball bat to strike him, the homeowner pleaded for his life. The man decided not to strike or kill the homeowner and instead took personal property worth several thousand dollars from the home.

Of the following, which are the most serious crimes for which the man can be convicted?

I understand the burglary aspect of the question, but I'm just not grabbing the robbery aspect. From my reading of the question, he did not obtain the property through force or threat of force.

He raised a baseball bat to hit the homeowner who saw him do it and then pleaded for his life. That's definitely the threat of force. A threat of force doesn't have to be verbal. If you point a gun at someone and demand their wallet, that's robbery, even if you don't explicitly say you'll shoot them. This is no different than that.

I had serious issues with this question.

I understand that the baseball bat is a threat of force, but it was more the attempted-battery form of assault, because the burglar didn't follow through on his intent to strike and murder the homeowner. If the hypo had said that the burglar then told the homeowner to open the safe and hand him all the jewels, I'd buy the robbery charge. But the force here was totally unrelated to the taking.

I get that whoever wrote the question has filled in a blank here, but as the facts stand, the burglar assaults the homeowner, then he develops the intent to steal the personal property. Without adding facts that aren't in the question, he didn't have the specific intent to carry away the personal property at the time he assaulted the homeowner. I think the answer is just wrong, and it isn't the only wrong answer or badly-phrased question in the program.

ipsares wrote:I had a quick property question:

Landowner leaves will that says, "to A for life, remainder to his children in fee simple" - Landowner dies, A and his 2 children are alive. What do the children have?

1- Vested subject to complete divestment
2- Vested subject to partial divestment.


So i had answered a similar question with answer 2 before on either themis/adaptibar and i got it wrong because they said, naw they are actually going to determine the children in existence from the life of the testator, or when the testator dies rather than when A dies. Ok kind of make sense whatever. In FINZ the answer was 2 because A could have more children. Which is what I originally had thought. Any definite ideas on this one?

How similar was the other question?

In this one, A is pretty clearly the measuring life. I'd need to see the other question to see why it might come out differently.

cavalier1138 wrote:

ipsares wrote:I had a quick property question:

Landowner leaves will that says, "to A for life, remainder to his children in fee simple" - Landowner dies, A and his 2 children are alive. What do the children have?

1- Vested subject to complete divestment
2- Vested subject to partial divestment.


So i had answered a similar question with answer 2 before on either themis/adaptibar and i got it wrong because they said, naw they are actually going to determine the children in existence from the life of the testator, or when the testator dies rather than when A dies. Ok kind of make sense whatever. In FINZ the answer was 2 because A could have more children. Which is what I originally had thought. Any definite ideas on this one?

How similar was the other question?

In this one, A is pretty clearly the measuring life. I'd need to see the other question to see why it might come out differently.

I found it and see the difference. I guess it was not so similar after all . The Themis one was a class gift to remaining grandchildren. They closed that class at the testators death even though his children still could have had more grandkids.


Under the terms of his duly probated will, a testator devised his house to his "grandchildren in fee simple" and the residue of his estate to his brother. The testator had had two children, a son and a daughter, but only the daughter survived the testator. At the time of the testator's death, the daughter was 30 years old and had two minor children (grandchildren of the testator) who also survived the testator. A third grandchild of the testator, who was the child of the testator's predeceased son, had been alive when the testator executed the will, but had predeceased the testator. Under the applicable intestate succession laws, the deceased grandchild's sole heir was his mother. A statute of the jurisdiction provides as follows: "If a devisee, including a devisee of a class gift, who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will or fails to survive the testator, the issue of such deceased devisee shall take the deceased's share under the will, unless the will expressly provides that this statute shall not apply. For this purpose, words of survivorship, such as 'if he survives me,' are a sufficient expression that the statute shall not apply."

Who now owns the house?

Answers:

A- The testator's brother.
B- The testator's two surviving grandchildren.
C- The testator's two surviving grandchildren and all other grandchildren who are born to the testator's daughter.
D- The testator's two surviving grandchildren and the deceased grandchild's mother.

Rationale:

Answer choice B is correct. The testator devised his house, which he owned at his death, to his grandchildren as a class gift. The testator was survived by two grandchildren who became the sole surviving members of the class. The deceased grandchild's interest lapsed because the grandchild, though alive at the time of the will execution, died before the testator. The deceased grandchild would qualify under the anti-lapse statute, but he was not survived by any issue who would be substituted for him under the statute. Answer choice A is incorrect because the house will pass to the two surviving grandchildren as surviving members of the class and will not fall into the residue. Answer choice C is incorrect because the class closed at the time of the testator's death and the two surviving members of the class will take. Additional children of the testator's daughter will not take. Answer choice D is incorrect. The anti-lapse statute would allow the deceased grandchild's share to pass to his issue, but not his mother.


It's all falling in line!

Soooo what do we think the odds are that Trusts doesn't show up on the MEE

Just got beat up by my most recent MBE mixed set. Worst I've done since the mixed sets started. I'm really really frustrated.

CR2019 wrote:Just got beat up by my most recent MBE mixed set. Worst I've done since the mixed sets started. I'm really really frustrated.

Same here !

kasap wrote:

CR2019 wrote:Just got beat up by my most recent MBE mixed set. Worst I've done since the mixed sets started. I'm really really frustrated.

Same here !

if it makes you feel better, I only hit 70% about 1/3 of the time. also can't remember anything anymore...

arbarprep wrote:

kasap wrote:

CR2019 wrote:Just got beat up by my most recent MBE mixed set. Worst I've done since the mixed sets started. I'm really really frustrated.

Same here !

if it makes you feel better, I only hit 70% about 1/3 of the time. also can't remember anything anymore...

"also can't remember anything anymore"
LOL I totally agree..

chickennuggets wrote:Soooo what do we think the odds are that Trusts doesn't show up on the MEE

I doubt it! Trusts hasn't been tested in 3 consecutive bar exams. It was tested consecutively in July 2012/Feb. 2013 and July 2018/Feb. 2019. However... you never know

I been using a PDF from JD Advising that includes the frequently tested topics per subject, states most of the rules, and mentions the bar dates in which they were tested.

If you haven't downloaded it, I recommend you do. It's free, easy to read, and extremely organized. Also, Themis sent (through inbox) a frequency chart. You can try to anticipate what subjects might show up in the MEE... but its recommended that you try to have a good understanding of most highly tested areas.

JD advising has some predictions too (although they were a bit off in the February bar), but their predictions arise from patterns.

Here's the link (there's a youtube video too, but I preferred to give them my info to receive the PDF by email).

Enjoy: https://www.jdadvising.com/product/how-to-pass-the-mee/

arbarprep wrote:

kasap wrote:

CR2019 wrote:Just got beat up by my most recent MBE mixed set. Worst I've done since the mixed sets started. I'm really really frustrated.

Same here !

if it makes you feel better, I only hit 70% about 1/3 of the time. also can't remember anything anymore...

What? We are supposed to REMEMBER this stuff?!? I am dreading the essays. I did fair on them last time out, but I feel like I won't remember a damn thing when it comes time to putting thoughts on paper.

HairySmokeball wrote:

arbarprep wrote:

kasap wrote:

CR2019 wrote:Just got beat up by my most recent MBE mixed set. Worst I've done since the mixed sets started. I'm really really frustrated.

Same here !

if it makes you feel better, I only hit 70% about 1/3 of the time. also can't remember anything anymore...

What? We are supposed to REMEMBER this stuff?!? I am dreading the essays. I did fair on them last time out, but I feel like I won't remember a damn thing when it comes time to putting thoughts on paper.

me on a recent crim essay..."man did bad thing, man should be punished."

kenken637 wrote:
I doubt it! Trusts hasn't been tested in 3 consecutive bar exams. It was tested consecutively in July 2012/Feb. 2013 and July 2018/Feb. 2019. However... you never know

I been using a PDF from JD Advising that includes the frequently tested topics per subject, states most of the rules, and mentions the bar dates in which they were tested.

If you haven't downloaded it, I recommend you do. It's free, easy to read, and extremely organized. Also, Themis sent (through inbox) a frequency chart. You can try to anticipate what subjects might show up in the MEE... but its recommended that you try to have a good understanding of most highly tested areas.

JD advising has some predictions too (although they were a bit off in the February bar), but their predictions arise from patterns.

Here's the link (there's a youtube video too, but I preferred to give them my info to receive the PDF by email).

Enjoy: https://www.jdadvising.com/product/how-to-pass-the-mee/

I'm totally ignoring Trusts. I think it's the one safe bet for the MEE that it won't be on the exam. I'm also pretty sure Wills WILL be (no pun!). The things I'm skeptical about are Secured Transactions and Family Law. I think either one could be on the exam. JD Advising says ST is their pick, but I'm hitting Family law too. Conflict of laws- I'm going to review the night before the exam, but I've ignored it otherwise. I think Agency and Corporations (probably LLCs) will be on the exam. LLPs was on the last exam and GPs aren't very testable, so there's that.

RioGrandeLaw wrote:

kenken637 wrote:
I doubt it! Trusts hasn't been tested in 3 consecutive bar exams. It was tested consecutively in July 2012/Feb. 2013 and July 2018/Feb. 2019. However... you never know

I been using a PDF from JD Advising that includes the frequently tested topics per subject, states most of the rules, and mentions the bar dates in which they were tested.

If you haven't downloaded it, I recommend you do. It's free, easy to read, and extremely organized. Also, Themis sent (through inbox) a frequency chart. You can try to anticipate what subjects might show up in the MEE... but its recommended that you try to have a good understanding of most highly tested areas.

JD advising has some predictions too (although they were a bit off in the February bar), but their predictions arise from patterns.

Here's the link (there's a youtube video too, but I preferred to give them my info to receive the PDF by email).

Enjoy: https://www.jdadvising.com/product/how-to-pass-the-mee/

I'm totally ignoring Trusts. I think it's the one safe bet for the MEE that it won't be on the exam. I'm also pretty sure Wills WILL be (no pun!). The things I'm skeptical about are Secured Transactions and Family Law. I think either one could be on the exam. JD Advising says ST is their pick, but I'm hitting Family law too. Conflict of laws- I'm going to review the night before the exam, but I've ignored it otherwise. I think Agency and Corporations (probably LLCs) will be on the exam. LLPs was on the last exam and GPs aren't very testable, so there's that.

Ugh, I'm hoping for Family Law...ST is just so awful.

I'm pretty ok with ST being on the exam. It's the one subject where the essay writing workshop was really helpful I think, since it gives you a plan for going through pretty much any ST essay that should at least get you some points.

I'm pretty bad with family law and wills too, but at least family law I feel like most of the time the facts tend to suggest the rule that should be applied...i.e., a lot of rules come down to the discretion of the court and are pretty factor based, and the facts tend to suggest to you what the factors are if you can't remember them lol.

westinghouse60 wrote:I'm pretty ok with ST being on the exam. It's the one subject where the essay writing workshop was really helpful I think, since it gives you a plan for going through pretty much any ST essay that should at least get you some points.

I'm pretty bad with family law and wills too, but at least family law I feel like most of the time the facts tend to suggest the rule that should be applied...i.e., a lot of rules come down to the discretion of the court and are pretty factor based, and the facts tend to suggest to you what the factors are if you can't remember them lol.

I felt the same way until that essay about construction mortgages/fixtures. I think it was a joint ST/Property essay. I actually had to stop working and go for a walk I was so angry after reading the sample answer. I think I would have gotten 0s across the board on that one.

I'm so annoyed by the quizbuilder. Same questions again and again and again.

Anon2468 wrote:I'm so annoyed by the quizbuilder. Same questions again and again and again.

How many questions have you completed in total? Do they repeat the questions you got wrong the first time?

I have questions repeated but they tend to be in unimportant sub-topics that are not weighed heavily (which justifies Themis not having too many questions in rotation for those sub-topics).

strawberrieee wrote:

Anon2468 wrote:I'm so annoyed by the quizbuilder. Same questions again and again and again.

How many questions have you completed in total? Do they repeat the questions you got wrong the first time?

I have questions repeated but they tend to be in unimportant sub-topics that are not weighed heavily (which justifies Themis not having too many questions in rotation for those sub-topics).

I don't think they're questions I got wrong. I consistently get like 95%+ right on the quizbuilders because i've seen the questions so many times.

Just came in to say F* Themis. Did mixed set 12 and got a whopping 55% correct.

I do NOT want to do this f*ing bullshit for a third time.

HairySmokeball wrote:Just came in to say F* Themis. Did mixed set 12 and got a whopping 55% correct.

I do NOT want to do this f*ing bullshit for a third time.

Just signed up to say I don’t know you but I know you won’t fail. Hang in there

I much rather get questions wrong now than see the stuff on test day for the first time. I just want hard questions at this point. i want no surprises on MBE Day - i want to kill this test - i want to breeze through and finish at least 30 minutes early - i'd be happy to get 0% right now as long as i learn and it preps me to commit premeditated and deliberate destruction on this mfer



I'm praying for everyone!!!! Godspeed! This time next week we gonna be freeeeeeeeeeeee!

I found this old thread helpful. Don't think I saw it above, might be of some comfort:

http://www.top-law-schools.com/forums/v ... 1&t=281735

Short of it is that the bump from the Themis simulated MBE to the actual bar was a shade over 20 points for those who entered data (e.g., simulated 120 -> 140 MBE), with the bump getting more pronounced the lower you go down the distribution. Increases from simulated Themis score to MBE score were almost universally in the double digits. If people do worse than their Themis simulated score, it's pretty rare -- I didn't see anyone report a decrease.

CEReds wrote:

HairySmokeball wrote:Just came in to say F* Themis. Did mixed set 12 and got a whopping 55% correct.

I do NOT want to do this f*ing bullshit for a third time.

Just signed up to say I don’t know you but I know you won’t fail. Hang in there

Thanks for the good vibes. I'm not really sweating it today. It is what it is, so just going to power through the next few days, relax on Monday and knock this shit out next week. Thankfully, the waiting will be short as my jurisdiction will release results on Sept 6...so won't have to hang out in purgatory too long.

barryzee wrote:I found this old thread helpful. Don't think I saw it above, might be of some comfort:

http://www.top-law-schools.com/forums/v ... 1&t=281735

Short of it is that the bump from the Themis simulated MBE to the actual bar was a shade over 20 points for those who entered data (e.g., simulated 120 -> 140 MBE), with the bump getting more pronounced the lower you go down the distribution. Increases from simulated Themis score to MBE score were almost universally in the double digits. If people do worse than their Themis simulated score, it's pretty rare -- I didn't see anyone report a decrease.

That bump is the only thing that has kept me going, frankly. I am going to take one of the NCBE 100q sets today just to see how the score compares. I assume I will see some of those questions that Themis will have used but that's OK. I just need to morale boost at this point.

I'm not getting much out of quiz builder anymore because I've seen all of the questions. Anyone else having this problem?
Also, i feel like I'm getting inflated scores because I'm getting the same questions on the practice sets. oh well