July 2017 Texas Bar Exam Forum

[leib10]

Going to be taking the July exam. Feeling pretty nervous about the essays, like most people I know. I've kept up with Barbri, but I still feel unprepared. Been looking at the essay questions online, but I still feel like I'm not absorbing enough info.

I feel like if I'm going to fail, it's because of the essays.

[TheWalrus]

Yeah, I'm like 50/50 on whether I'm going to pass or not.

[leib10]

If the overall pass rate for the exam wasn't approximately 80% over the last 5 July examinations, I would be seriously freaking out right now. It hasn't dipped below about 75%. You've gotta figure that there are a lot of people who aren't taking it as seriously who will be making up a lot of that 20%.

[TheWalrus]

If the overall pass rate for the exam wasn't approximately 80% over the last 5 July examinations, I would be seriously freaking out right now. It hasn't dipped below about 75%. You've gotta figure that there are a lot of people who aren't taking it as seriously who will be making up a lot of that 20%.

Yeah, I just don't understand how it's so high. This whole thing is just one big mind fuck.

[Thrive]

So my barbri essay grades have been 17, 13, and 15. Am I completely screwed?

[BVest]

So my barbri essay grades have been 17, 13, and 15. Am I completely screwed?

No. Just remember CIRAC and my essay advice and you'll do just fine. Honestly, with the Texas essays, the most important things are:

MOST IMPORTANT

Time management (i.e. get to every essay with time to write something).

Answer the call of the question

CIRAC

Short, Clear Sentences

Know the law

LEAST IMPORTANT


And here's my post in a prior thread:

[+] Spoiler

Having a legit freak out today. Every essay I do I look at it and immediately have no frigging clue as to what the rule could be. Doesn't matter the subject.

Massive panic. I don't know what the hell "minimal competence" means bc that phrase is bullshit.

Have the freak out now, but learn from it. Figure out what works for you when you are in that situation, because odds are good it will happen with at least one question on the exam. The important thing is to know your strategy for dealing with such questions, because freaking out in the exam means wasting too much time on a question where you're clearly getting little marginal return. I have a friend who failed the bar because she freaked out on a question like that, spent too long trying to figure it out, and ended up only having about 10 minutes for question 11 and never got to question 12. She got a 667. Clearly if she'd simply written something and moved on, she could have picked up enough points to pass from questions 11 and 12. (She passed the second time with no problem.)

I'm a big believer in having routines to cut down on the number of things you have to think about in a day. With that in mind, here's my post from another thread about how to (a) organize essays uniformly so that you don't have to put much thought into organization and (b) avoid the freakout on questions you don't have a clue about. Adapt the strategies as works best for you:

Essay Structure

I saved my essays for late in the game. Writing the essays is a "skill" I suppose. It's really more of a formula that's pretty easy to learn.

1) Follow CIRAC (Where "C" is not merely the conclusion, but the very short answer to the call of the question -- e.g. Call of Q on part (a) of an essay is = "What type of business is Global Hot Dogs? Explain fully." C = "Global Hot Dogs is a [General Partnership/Limited Partnership/Limited Liability Company].").

2) Address only the issue(s) relevant to the specific call of the question. This isn't a racehorse law school exam. You don't get points for discussing the finer points of irrelevant issues.

3) Keep your sentences short. It makes it easier for the examiners to see that you included what you needed to.

4) Stick to a few opening words for sentences that you use to answer many questions. It doesn't matter if each of your answers looks the same or isn't timeless prose. e.g.:

Global Hot Dogs is a General Partnership. The issue is whether the founders took the steps necessary to form a Limited Liability Partnership as their agreement states they have formed. To form a LLP, persons forming a business for profit must

• . Except, a business formed for profit between two or more people that does not take those steps or form another entity such as a corporation is a general partnership. Here [analyze facts in 2-3 sentences; e.g. "the founders took all the steps to form the LLP except one. They [steps they did take]. But they failed to register with the Secretary of State, a required element of forming an LLP"]. Thus the founders have failed to form an LLP as they intended, but they did form a business together for the purpose of making a profit. Therefore they have formed a General Partnership.
  
  The above is:
  [Conclusion/Answer]. The issue is whether [issue]. To [rule]. Except [rule exception]. Here [analysis]. Thus [conclusion].
  
  It literally is that easy.
  
  
  
  Not Freaking Out
  
  I also had a process for when I read the question and had no idea what the law was:
  
  1) Decide what is the most equitable outcome. That's your Conclusion/Answer.
  
  2) Make up a rule that makes sense -- it doesn't matter if it matches your outcome.
  
  3) Make up an exception to your rule that makes sense -- here outcome does matter. If the rule you made up would result in the opposite outcome than your conclusion, then make up an exception so that the rule does not apply here. If the rule would result in your outcome, make up an exception that either does not apply or that reinforces your outcome.
  
  4) Write your answer as if your rule and exception are exactly what you learned from bar prep.
  
  5) Move along because you're not going to get a ton of marginal points on this question. Use your time on other questions.

[Thrive]

So my barbri essay grades have been 17, 13, and 15. Am I completely screwed?

No. Just remember CIRAC and my essay advice and you'll do just fine. Honestly, with the Texas essays, the most important things are:

MOST IMPORTANT

Time management (i.e. get to every essay with time to write something).

Answer the call of the question

CIRAC

Short, Clear Sentences

Know the law

LEAST IMPORTANT


And here's my post in a prior thread:

[+] Spoiler

Having a legit freak out today. Every essay I do I look at it and immediately have no frigging clue as to what the rule could be. Doesn't matter the subject.

Massive panic. I don't know what the hell "minimal competence" means bc that phrase is bullshit.

Have the freak out now, but learn from it. Figure out what works for you when you are in that situation, because odds are good it will happen with at least one question on the exam. The important thing is to know your strategy for dealing with such questions, because freaking out in the exam means wasting too much time on a question where you're clearly getting little marginal return. I have a friend who failed the bar because she freaked out on a question like that, spent too long trying to figure it out, and ended up only having about 10 minutes for question 11 and never got to question 12. She got a 667. Clearly if she'd simply written something and moved on, she could have picked up enough points to pass from questions 11 and 12. (She passed the second time with no problem.)

I'm a big believer in having routines to cut down on the number of things you have to think about in a day. With that in mind, here's my post from another thread about how to (a) organize essays uniformly so that you don't have to put much thought into organization and (b) avoid the freakout on questions you don't have a clue about. Adapt the strategies as works best for you:

Essay Structure

I saved my essays for late in the game. Writing the essays is a "skill" I suppose. It's really more of a formula that's pretty easy to learn.

1) Follow CIRAC (Where "C" is not merely the conclusion, but the very short answer to the call of the question -- e.g. Call of Q on part (a) of an essay is = "What type of business is Global Hot Dogs? Explain fully." C = "Global Hot Dogs is a [General Partnership/Limited Partnership/Limited Liability Company].").

2) Address only the issue(s) relevant to the specific call of the question. This isn't a racehorse law school exam. You don't get points for discussing the finer points of irrelevant issues.

3) Keep your sentences short. It makes it easier for the examiners to see that you included what you needed to.

4) Stick to a few opening words for sentences that you use to answer many questions. It doesn't matter if each of your answers looks the same or isn't timeless prose. e.g.:

Global Hot Dogs is a General Partnership. The issue is whether the founders took the steps necessary to form a Limited Liability Partnership as their agreement states they have formed. To form a LLP, persons forming a business for profit must

• . Except, a business formed for profit between two or more people that does not take those steps or form another entity such as a corporation is a general partnership. Here [analyze facts in 2-3 sentences; e.g. "the founders took all the steps to form the LLP except one. They [steps they did take]. But they failed to register with the Secretary of State, a required element of forming an LLP"]. Thus the founders have failed to form an LLP as they intended, but they did form a business together for the purpose of making a profit. Therefore they have formed a General Partnership.
  
  The above is:
  [Conclusion/Answer]. The issue is whether [issue]. To [rule]. Except [rule exception]. Here [analysis]. Thus [conclusion].
  
  It literally is that easy.
  
  
  
  Not Freaking Out
  
  I also had a process for when I read the question and had no idea what the law was:
  
  1) Decide what is the most equitable outcome. That's your Conclusion/Answer.
  
  2) Make up a rule that makes sense -- it doesn't matter if it matches your outcome.
  
  3) Make up an exception to your rule that makes sense -- here outcome does matter. If the rule you made up would result in the opposite outcome than your conclusion, then make up an exception so that the rule does not apply here. If the rule would result in your outcome, make up an exception that either does not apply or that reinforces your outcome.
  
  4) Write your answer as if your rule and exception are exactly what you learned from bar prep.
  
  5) Move along because you're not going to get a ton of marginal points on this question. Use your time on other questions.

Thanks. That's encouraging.

[leib10]

So my barbri essay grades have been 17, 13, and 15. Am I completely screwed?

No. Just remember CIRAC and my essay advice and you'll do just fine. Honestly, with the Texas essays, the most important things are:

MOST IMPORTANT

Time management (i.e. get to every essay with time to write something).

Answer the call of the question

CIRAC

Short, Clear Sentences

Know the law

LEAST IMPORTANT


And here's my post in a prior thread:

[+] Spoiler

Having a legit freak out today. Every essay I do I look at it and immediately have no frigging clue as to what the rule could be. Doesn't matter the subject.

Massive panic. I don't know what the hell "minimal competence" means bc that phrase is bullshit.

Have the freak out now, but learn from it. Figure out what works for you when you are in that situation, because odds are good it will happen with at least one question on the exam. The important thing is to know your strategy for dealing with such questions, because freaking out in the exam means wasting too much time on a question where you're clearly getting little marginal return. I have a friend who failed the bar because she freaked out on a question like that, spent too long trying to figure it out, and ended up only having about 10 minutes for question 11 and never got to question 12. She got a 667. Clearly if she'd simply written something and moved on, she could have picked up enough points to pass from questions 11 and 12. (She passed the second time with no problem.)

I'm a big believer in having routines to cut down on the number of things you have to think about in a day. With that in mind, here's my post from another thread about how to (a) organize essays uniformly so that you don't have to put much thought into organization and (b) avoid the freakout on questions you don't have a clue about. Adapt the strategies as works best for you:

Essay Structure

I saved my essays for late in the game. Writing the essays is a "skill" I suppose. It's really more of a formula that's pretty easy to learn.

1) Follow CIRAC (Where "C" is not merely the conclusion, but the very short answer to the call of the question -- e.g. Call of Q on part (a) of an essay is = "What type of business is Global Hot Dogs? Explain fully." C = "Global Hot Dogs is a [General Partnership/Limited Partnership/Limited Liability Company].").

2) Address only the issue(s) relevant to the specific call of the question. This isn't a racehorse law school exam. You don't get points for discussing the finer points of irrelevant issues.

3) Keep your sentences short. It makes it easier for the examiners to see that you included what you needed to.

4) Stick to a few opening words for sentences that you use to answer many questions. It doesn't matter if each of your answers looks the same or isn't timeless prose. e.g.:

Global Hot Dogs is a General Partnership. The issue is whether the founders took the steps necessary to form a Limited Liability Partnership as their agreement states they have formed. To form a LLP, persons forming a business for profit must

• . Except, a business formed for profit between two or more people that does not take those steps or form another entity such as a corporation is a general partnership. Here [analyze facts in 2-3 sentences; e.g. "the founders took all the steps to form the LLP except one. They [steps they did take]. But they failed to register with the Secretary of State, a required element of forming an LLP"]. Thus the founders have failed to form an LLP as they intended, but they did form a business together for the purpose of making a profit. Therefore they have formed a General Partnership.
  
  The above is:
  [Conclusion/Answer]. The issue is whether [issue]. To [rule]. Except [rule exception]. Here [analysis]. Thus [conclusion].
  
  It literally is that easy.
  
  
  
  Not Freaking Out
  
  I also had a process for when I read the question and had no idea what the law was:
  
  1) Decide what is the most equitable outcome. That's your Conclusion/Answer.
  
  2) Make up a rule that makes sense -- it doesn't matter if it matches your outcome.
  
  3) Make up an exception to your rule that makes sense -- here outcome does matter. If the rule you made up would result in the opposite outcome than your conclusion, then make up an exception so that the rule does not apply here. If the rule would result in your outcome, make up an exception that either does not apply or that reinforces your outcome.
  
  4) Write your answer as if your rule and exception are exactly what you learned from bar prep.
  
  5) Move along because you're not going to get a ton of marginal points on this question. Use your time on other questions.

So what I'm hearing is that knowing the law, while obviously important, will not preclude you from getting a lot of points if you CIRAC, apply law to facts, and come up with a strong conclusion.

[CAstudent2036]

Hey I'm definitely in the same boat as others in being nervous about the essays. I've done most of the Themis course on track but I look at the essays and often I don't know the rule to apply or, more often exactly what the rule says so I can get to the right conclusion. Here is what I'm doing and it has been really working...

I feel pretty good about the MPT and the MBE so I'm doing those at the beginning and end of the day when I'm not as energetic. I spend most of the day diving into ONE essay topic. I outline the most important rules in categories (child support, what makes a valid marriage, limited spousal maintenance) and keep it short and sweet. Then I have been just tackling as many essays as I can in the day including old ones I felt bad about when I first did them. If I get someone wrong, I fix the answer. If the topic wasn't outlined I do that quickly and efficiently.

With the exception of commercial paper (I just suck at that one) this has REALLY worked to get these rules memorized. I know I'll forgot some of the detailed exceptions on test day but I'm pretty positive so will most other people so it's okay. And, I feel so much more confident after the day that I've got a whole topic I can tackle with much more than minimum confidence on the test. Maybe this will help others. I just found that it was really not helpful to follow my program when it wasn't prioritizing the essays and I felt the worst about them. We got this guys. Hang in there.

Remember the LSAT when you got to a "rare game" and the room audibly freaked out? The test is scaled guys and if you don't freak out and just start typing you're going to get points. 77% of people pass this test, people leave entire answers blank because they spend too much time trying to remember things that they won't, and others don't study much because they are cocky. If you don't fall into those categories and you work hard until test day you have a very high chance of passing.

[leib10]

I agree that tackling one subject area (Wills/Trusts/Guardianship, etc.) at a time, and going over as many old essays as you can, is helpful. Eventually you start to see a lot of the same issues pop up.

The more I think about it, the more that I think that you will pass if, at the very least, you recognize the issue as a whole, reach a conclusion, and do a good job applying law to facts, even if the law is made up. It seems like the people who fail are so concerned with getting the rule right that they don't put anything down at all, or screw up their timing so they don't get to essays.

We are in the home stretch now, don't give up!

[Pneumonia]

I know this has been asked before, but I can't find it.

Can anyone post a summary of how the 12 essays will be broken up? I know that some of them are pairs and that some of them are crossovers, but for example, what does 'business associations" mean? Does it include agency?

[BVest]

I know this has been asked before, but I can't find it.

Can anyone post a summary of how the 12 essays will be broken up? I know that some of them are pairs and that some of them are crossovers, but for example, what does 'business associations" mean? Does it include agency?

The thread is only 6 pages long and it was literally discussed on the previous page. You can also use the search for box at the bottom of the page to search within the thread (search for "pair").

BA does include agency. Generally speaking one BA question will be on formation and one will be on conflicts/duties between and among shareholders/members/directors of a going concern. (That's a bit oversimplified, but a useful one). Agency can arise under either of those questions, but is more likely in the latter type of question. See, e.g., questions 9 and 10 from last July.

[np1211]

does any one know a best way to understand or maybe easy explanation to understand a tie in statute concept via DTPA in consumer Rights subject ?

[Pneumonia]

I know this has been asked before, but I can't find it.

Can anyone post a summary of how the 12 essays will be broken up? I know that some of them are pairs and that some of them are crossovers, but for example, what does 'business associations" mean? Does it include agency?

The thread is only 6 pages long and it was literally discussed on the previous page. You can also use the search for box at the bottom of the page to search within the thread (search for "pair").

BA does include agency. Generally speaking one BA question will be on formation and one will be on conflicts/duties between and among shareholders/members/directors of a going concern. (That's a bit oversimplified, but a useful one). Agency can arise under either of those questions, but is more likely in the latter type of question. See, e.g., questions 9 and 10 from last July.

Thanks!

[CAstudent2036]

I agree that tackling one subject area (Wills/Trusts/Guardianship, etc.) at a time, and going over as many old essays as you can, is helpful. Eventually you start to see a lot of the same issues pop up.

The more I think about it, the more that I think that you will pass if, at the very least, you recognize the issue as a whole, reach a conclusion, and do a good job applying law to facts, even if the law is made up. It seems like the people who fail are so concerned with getting the rule right that they don't put anything down at all, or screw up their timing so they don't get to essays.

We are in the home stretch now, don't give up!

Yes! I had a friend that took the exam last year and said he had to make up the rules for about half or so of the essays. He says afterwards he realized that he got many of the rules wrong but he wrote something for every essay and applied the rules (even though incorrect) to get the answer that made sense. We got this.

[TheWalrus]

Anyone have a good link to study oil and gas or wills?

[BVest]

does any one know a best way to understand or maybe easy explanation to understand a tie in statute concept via DTPA in consumer Rights subject ?

The tie-in statutes are other laws which control business activities in the state, such as the door-to-door sales statute. These laws operate separate and apart from DTPA. Businesses have to follow these laws and some regulatory agency or the Attorney General can enforce these laws with injunctions and administrative penalties (i.e. fines). Some of these laws even allow for non-DTPA private causes of action (i.e. the right of a consumer to sue under the act), but will often limit damages to statutory damages or economic damages (i.e. expense to fix the problem caused).

DTPA offers additional options with three main benefits. First, if the tie-in statute doesn't have a private cause of action, DTPA gives you that right. Second, DTPA allows for actual damages (i.e. both economic and non-economic damages). Third, in certain situations, DTPA allows for treble damages.

[np1211]

does any one know a best way to understand or maybe easy explanation to understand a tie in statute concept via DTPA in consumer Rights subject ?

The tie-in statutes are other laws which control business activities in the state, such as the door-to-door sales statute. These laws operate separate and apart from DTPA. Businesses have to follow these laws and some regulatory agency or the Attorney General can enforce these laws with injunctions and administrative penalties (i.e. fines). Some of these laws even allow for non-DTPA private causes of action (i.e. the right of a consumer to sue under the act), but will often limit damages to statutory damages or economic damages (i.e. expense to fix the problem caused).

DTPA offers additional options with three main benefits. First, if the tie-in statute doesn't have a private cause of action, DTPA gives you that right. Second, DTPA allows for actual damages (i.e. both economic and non-economic damages). Third, in certain situations, DTPA allows for treble damages.

Thanks. So basically you are saying that if tie in statute allows for independent cause of action, the consumer can choose to sue under that tie in act or under DTPA for non economical damages or treble damages?

[BVest]

Thanks. So basically you are saying that if tie in statute allows for independent cause of action, the consumer can choose to sue under that tie in act or under DTPA for non economical damages or treble damages?

Yes. To be entirely clear though, you can get your economic damages under DTPA as well. And of course you can't get treble damages in all DTPA cases.

[np1211]

Thanks. So basically you are saying that if tie in statute allows for independent cause of action, the consumer can choose to sue under that tie in act or under DTPA for non economical damages or treble damages?

Yes. To be entirely clear though, you can get your economic damages under DTPA as well. And of course you can't get treble damages in all DTPA cases.

That makes sense thanks

[TheWalrus]

Anyone have any predections as to whether it will be trusts or guardianship?

Also, Bvest do you want to take the bar exam for me. It seems like you still remember more about it than I know.

[BVest]

Anyone have any predections as to whether it will be trusts or guardianship?

Also, Bvest do you want to take the bar exam for me. It seems like you still remember more about it than I know.

I suspect I'd do better on the essays now than MBE, though it was the reverse when I took it.

[leib10]

Anybody doing extra work outside of what your bar prep company has assigned?

[TheJanitor6203]

Am I the only one that just doesn't get commercial paper? It makes no sense to me. Any advice on understanding/internalizing what I actually need to know to write a decent answer on the essay?

[TheJanitor6203]

Anyone have any predections as to whether it will be trusts or guardianship?

Also, Bvest do you want to take the bar exam for me. It seems like you still remember more about it than I know.

From the chart on the last page, it looks like the odds are on trusts not guardianship.