Need advice 3 weeks out
Posted: Wed Jul 10, 2024 1:38 am
My Themis/UWorld percentages vary from 60% to 85% on a random set of 50 questions, but it feels like I guess most of the time. What can I do with 3 weeks left? Reviewing MBE questions hasn't helped given how varied the fact patterns are. The Uworld questions are especially confounding.
Examples--
My understanding of the law: Larceny= taking + carrying away w/ intent to permanently deprive. Destroying is not taking.
Question: Guy accidentally takes property (good-faith) but decides to be evil and burns it on the spot. What can he be charged with? Me: not larceny. Uworld: wrong; the continuing trespass rule applies, it's larceny.
My understanding of the law: price is an 'essential term' to a contract.
Question: parties perform without ever agreeing to a price in a services contract, other party refuses to pay. What are the damages? Me: not expectation damages. Uworld: wrong; there was a contract, the court can just read the price term into the contract because the parties intended a contract, allowing expectation damages (wth, how is there a valid contract/expectation damages if the essential price term was never agreed to?)
There are too many examples like these. I know the law but end up going with my gut feeling most of the time because the facts don't make it clear what the question is asking about.
Examples--
My understanding of the law: Larceny= taking + carrying away w/ intent to permanently deprive. Destroying is not taking.
Question: Guy accidentally takes property (good-faith) but decides to be evil and burns it on the spot. What can he be charged with? Me: not larceny. Uworld: wrong; the continuing trespass rule applies, it's larceny.
My understanding of the law: price is an 'essential term' to a contract.
Question: parties perform without ever agreeing to a price in a services contract, other party refuses to pay. What are the damages? Me: not expectation damages. Uworld: wrong; there was a contract, the court can just read the price term into the contract because the parties intended a contract, allowing expectation damages (wth, how is there a valid contract/expectation damages if the essential price term was never agreed to?)
There are too many examples like these. I know the law but end up going with my gut feeling most of the time because the facts don't make it clear what the question is asking about.