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Scored 72% for OPE 4. Should I be worried or delighted?

Anyone else get frustrated by this question?

A plaintiff has sued a defendant, alleging that she was run over by a speeding car driven by the defendant. The plaintiff was unconscious after her injury and, accompanied by her husband, was brought to the hospital in an ambulance.

At trial, the plaintiff calls an emergency room physician to testify that when the physician asked the plaintiff's husband if he knew what had happened, the husband, who was upset, replied, "I saw my wife get run over two hours ago by a driver who went right through the intersection without looking."

Is the physician's testimony about the husband's statement admissible?
A. No, because it relates an opinion.
B. No, because it is hearsay not within any exception.
C. Yes, as a statement made for purposes of diagnosis or treatment.
D. Yes, as an excited utterance.

[+] Spoiler

The answer is B, but how is D wrong? http://apps.americanbar.org/litigation/ ... tions.html this ABA article discusses how excited utterances can be made over 3 hours after the event, so if a question like this comes up, are we supposed to just rely on our instinct to say, "oh yea, there's no way the husband would've still been startled 2 hours after the startling event"? This seems stupid, since I'm sure tons of people would still remain startled after 2 hours if their spouses were run over by a speeding car.

kcjlo10 wrote:Anyone else get frustrated by this question?

A plaintiff has sued a defendant, alleging that she was run over by a speeding car driven by the defendant. The plaintiff was unconscious after her injury and, accompanied by her husband, was brought to the hospital in an ambulance.

At trial, the plaintiff calls an emergency room physician to testify that when the physician asked the plaintiff's husband if he knew what had happened, the husband, who was upset, replied, "I saw my wife get run over two hours ago by a driver who went right through the intersection without looking."

Is the physician's testimony about the husband's statement admissible?
A. No, because it relates an opinion.
B. No, because it is hearsay not within any exception.
C. Yes, as a statement made for purposes of diagnosis or treatment.
D. Yes, as an excited utterance.

[+] Spoiler

The answer is B, but how is D wrong? http://apps.americanbar.org/litigation/ ... tions.html this ABA article discusses how excited utterances can be made over 3 hours after the event, so if a question like this comes up, are we supposed to just rely on our instinct to say, "oh yea, there's no way the husband would've still been startled 2 hours after the startling event"? This seems stupid, since I'm sure tons of people would still remain startled after 2 hours if their spouses were run over by a speeding car.

Because there is no exclamation point. Really.

Why is it not c?

t-14orbust wrote:

kcjlo10 wrote:Anyone else get frustrated by this question?

A plaintiff has sued a defendant, alleging that she was run over by a speeding car driven by the defendant. The plaintiff was unconscious after her injury and, accompanied by her husband, was brought to the hospital in an ambulance.

At trial, the plaintiff calls an emergency room physician to testify that when the physician asked the plaintiff's husband if he knew what had happened, the husband, who was upset, replied, "I saw my wife get run over two hours ago by a driver who went right through the intersection without looking."

Is the physician's testimony about the husband's statement admissible?
A. No, because it relates an opinion.
B. No, because it is hearsay not within any exception.
C. Yes, as a statement made for purposes of diagnosis or treatment.
D. Yes, as an excited utterance.

[+] Spoiler

The answer is B, but how is D wrong? http://apps.americanbar.org/litigation/ ... tions.html this ABA article discusses how excited utterances can be made over 3 hours after the event, so if a question like this comes up, are we supposed to just rely on our instinct to say, "oh yea, there's no way the husband would've still been startled 2 hours after the startling event"? This seems stupid, since I'm sure tons of people would still remain startled after 2 hours if their spouses were run over by a speeding car.

Because there is no exclamation point. Really.

I think what really throws the question off for me, is that the question adds "the husband, who was UPSET, replied..." Seems as though the facts are indicating that it has been only about 2 hours and the husband is still upset about the event (still under its effects). The rule itself seems clear: "803(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused."

As the fact pattern explicitly states the husband was still upset by the event I think D is at least equally as correct as B. Any idea what the percentage breakdown was for the question? As in, what % of students picked each option?

TheWalrus wrote:Why is it not c?

My guess is the getting run over by a car would be admissible but the part about the driver and intersection do not help with diagnosis or treatment therefore they are hearsay without any exception.

DCESQ wrote:

TheWalrus wrote:Why is it not c?

My guess is the getting run over by a car would be admissible but the part about the driver and intersection do not help with diagnosis or treatment therefore they are hearsay without any exception.

That's what I thought, but there's w barbri question that admits the defendant told a doctor he got shot after robbing a jewelry store, and that was admissible.

TheWalrus wrote:

DCESQ wrote:

TheWalrus wrote:Why is it not c?

My guess is the getting run over by a car would be admissible but the part about the driver and intersection do not help with diagnosis or treatment therefore they are hearsay without any exception.

That's what I thought, but there's w barbri question that admits the defendant told a doctor he got shot after robbing a jewelry store, and that was admissible.

The jewelry store robber's statement would be an admission by a party-opponent. The statement by the husband regarding whether someone blew a red light isn't relevant to medical diagnosis or treatment. The only portion that would probably be admitted is the fact that she was hit by a car.

[unhelpful]

t-14orbust wrote:

kcjlo10 wrote:Anyone else get frustrated by this question?

A plaintiff has sued a defendant, alleging that she was run over by a speeding car driven by the defendant. The plaintiff was unconscious after her injury and, accompanied by her husband, was brought to the hospital in an ambulance.

At trial, the plaintiff calls an emergency room physician to testify that when the physician asked the plaintiff's husband if he knew what had happened, the husband, who was upset, replied, "I saw my wife get run over two hours ago by a driver who went right through the intersection without looking."

Is the physician's testimony about the husband's statement admissible?
A. No, because it relates an opinion.
B. No, because it is hearsay not within any exception.
C. Yes, as a statement made for purposes of diagnosis or treatment.
D. Yes, as an excited utterance.

[+] Spoiler

The answer is B, but how is D wrong? http://apps.americanbar.org/litigation/ ... tions.html this ABA article discusses how excited utterances can be made over 3 hours after the event, so if a question like this comes up, are we supposed to just rely on our instinct to say, "oh yea, there's no way the husband would've still been startled 2 hours after the startling event"? This seems stupid, since I'm sure tons of people would still remain startled after 2 hours if their spouses were run over by a speeding car.

Because there is no exclamation point. Really.

Oh. Really, it's that simple? Just look out for an exclamation point? Thank you!

Knickerblocker wrote:Scored 72% for OPE 4. Should I be worried or delighted?

Thats a good score. Not autopass or anything but a very solid, above passing score.

RaceJudicata wrote:

Knickerblocker wrote:Scored 72% for OPE 4. Should I be worried or delighted?

Thats a good score. Not autopass or anything but a very solid, above passing score.

Also did this and scored 79% but it seemed a bit too easy? I finished it in one hour and a half. I'm sure civ pro not being on there helped but still seemed easy compared to other questions on Adaptibar on Barbri.

nmic wrote:

RaceJudicata wrote:

Knickerblocker wrote:Scored 72% for OPE 4. Should I be worried or delighted?

Thats a good score. Not autopass or anything but a very solid, above passing score.

Also did this and scored 79% but it seemed a bit too easy? I finished it in one hour and a half. I'm sure civ pro not being on there helped but still seemed easy compared to other questions on Adaptibar on Barbri.

Barbri is notoriously harder than actual MBE questions (especially the further you go into the course) + Adaptibar targets weaknesses/questions you get incorrect - so you probably see the harder collection of questions through their algorithm. Since OPEs (to my understanding) are half of previous NCBEs I think they give a more accurate representation of what we'll get on game day. The actual MBE appears to have a more even distribution of easy/medium/hard questions than what Barbri offers or Adaptibar feeds us.

okaygo wrote:

nmic wrote:

RaceJudicata wrote:

Knickerblocker wrote:Scored 72% for OPE 4. Should I be worried or delighted?

Thats a good score. Not autopass or anything but a very solid, above passing score.

Also did this and scored 79% but it seemed a bit too easy? I finished it in one hour and a half. I'm sure civ pro not being on there helped but still seemed easy compared to other questions on Adaptibar on Barbri.

Barbri is notoriously harder than actual MBE questions (especially the further you go into the course) + Adaptibar targets weaknesses/questions you get incorrect - so you probably see the harder collection of questions through their algorithm. Since OPEs (to my understanding) are half of previous NCBEs I think they give a more accurate representation of what we'll get on game day. The actual MBE appears to have a more even distribution of easy/medium/hard questions than what Barbri offers or Adaptibar feeds us.

This is a fair assesment from what I have heard.

Barbri is notoriously more nuanced, longer fact patterns and more "gotcha" type questions. Adaptibar is generally trying to push questions from the subtopics you are weak on while also functioning from a closed set (they only have 1750 questions which includes the "made-up" Civ-Pro and some real property questions) so I dont read TOO much into the algorithm as eventually you simply get all the available questions (regardless of subtopic and difficulty). The algorithm may help early on as it will push certain subtopics, but it can really only do so for a limited amount of time (again, limited question universe and the need to test other topics as well). This isnt to put the program down (I am using it and love it), the true value is in the feedback you receive (timing, scoring by sub-topic, trends over time) along with convenience. Ive done a bit over 1,100 questions and feel supremely confident that I have gotten a taste over everything the test can throw at me and I have definitely learned from mistakes - I feel comfortable knowing EXACTLY where I stand with the test which helps calm nerves.

I dont have much to say on the OPEs other than it does not include Civ Pro (which matters), still value in doing real questions, reviewing answers. Certainly if you are scoring 70%+ you are well on your way to passing.

I'm biting the bullet and signing up. First person to PM me a discount code I'll use and you can get the referral

nothingtosee wrote:I'm biting the bullet and signing up. First person to PM me a discount code I'll use and you can get the referral

I am a fan of adaptibar, but TBH I think its a waste of money for you at this point.

I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

you have pms disabled in your settings

If my average is a long shot away from the average am I totally fucked?

edit: be honest. my feelings literally couldn't be hurt right now bc I am dead inside.

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

Are you doing another program as well? Right now I'm at 800 questions completed. I'm staying on pace with the Barbri program while using Adaptibar as a supplement, so I never really anticipated getting through all 1,700 questions. For this last week, I'm focusing on MEE, but dedicating 1 hour to Adaptibar questions first thing in the morning to make sure my MBE doesn't slip.

nothingtosee wrote:

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

you have pms disabled in your settings

Fixed. Sorry about that.

WestWingWatcher wrote:

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

Are you doing another program as well? Right now I'm at 800 questions completed. I'm staying on pace with the Barbri program while using Adaptibar as a supplement, so I never really anticipated getting through all 1,700 questions. For this last week, I'm focusing on MEE, but dedicating 1 hour to Adaptibar questions first thing in the morning to make sure my MBE doesn't slip.

No other program for me, at least not in the traditional sense. I am self-studying while working full-time so I am use tools when I can. For MBE topics I am using Adaptibar for questions and BarMax for their audio lectures. For the essays I am using SmartBar's outlines (they have a longer set of about 270 pages for the MEE subjects and a shorter set of roughly 70 pages as "attack sheets").

ndbigdave wrote:

WestWingWatcher wrote:

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

Are you doing another program as well? Right now I'm at 800 questions completed. I'm staying on pace with the Barbri program while using Adaptibar as a supplement, so I never really anticipated getting through all 1,700 questions. For this last week, I'm focusing on MEE, but dedicating 1 hour to Adaptibar questions first thing in the morning to make sure my MBE doesn't slip.

No other program for me, at least not in the traditional sense. I am self-studying while working full-time so I am use tools when I can. For MBE topics I am using Adaptibar for questions and BarMax for their audio lectures. For the essays I am using SmartBar's outlines (they have a longer set of about 270 pages for the MEE subjects and a shorter set of roughly 70 pages as "attack sheets").

I've heard great things about the SmartBar outlines and almost did them instead of Adaptibar. I imagine the combination of those, the barmax lecture, and Adaptibar is just as good as any bar program plus much cheaper (I assume, I don't actually know the cost of the BarMax stuff). Thank god for traditional bar prep companies so many of us are sheep

WestWingWatcher wrote:

ndbigdave wrote:

WestWingWatcher wrote:

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

Are you doing another program as well? Right now I'm at 800 questions completed. I'm staying on pace with the Barbri program while using Adaptibar as a supplement, so I never really anticipated getting through all 1,700 questions. For this last week, I'm focusing on MEE, but dedicating 1 hour to Adaptibar questions first thing in the morning to make sure my MBE doesn't slip.

No other program for me, at least not in the traditional sense. I am self-studying while working full-time so I am use tools when I can. For MBE topics I am using Adaptibar for questions and BarMax for their audio lectures. For the essays I am using SmartBar's outlines (they have a longer set of about 270 pages for the MEE subjects and a shorter set of roughly 70 pages as "attack sheets").

I've heard great things about the SmartBar outlines and almost did them instead of Adaptibar. I imagine the combination of those, the barmax lecture, and Adaptibar is just as good as any bar program plus much cheaper (I assume, I don't actually know the cost of the BarMax stuff). Thank god for traditional bar prep companies so many of us are sheep

I bought BarMax 2 years ago for my first bar (which I passed) and the price was the same as it is now $500. Adaptibar was $360 and SmartBar was $160. There is a lot of overlap with BarMax/Adaptibar because BarMax also includes all the licensed questions and is now doing an even better job of tracking progress and success (but not quite to the level of adaptibar yet) so I now view BarMax more as my lecture suite (which I can listen to on my phone or from my laptop) Adaptibar is for questions/tracking progress and SmartBar is for essays. What is great about BarMax is that i own it for life.

All told, a thorough, all-inclusive bar prep on my schedule/terms for under $1,000? Yes please.

ndbigdave wrote:

WestWingWatcher wrote:

ndbigdave wrote:I have seen a few threads about individual student's completion percentage of their programs and thought I would ask how far people are with Adaptibar - I find it interesting that as of about 1 minute ago the "overall average" has students at 671 questions completed (which is about 38% of the program).

I have completed 1,118 questions thus far, my main focus this last week is review of essay topics so I am going through outlines for non-MBE subjects and over the weekend will review my short, attack-sheet outlines (roughly 70 pages for the 14 topics) so Ill likely only get another 100-200 done. I think I am pretty well set for where I stand now, but I am amazed at how low the national average is with questions completed.

So where are you now? Have a goal for these last few days? Any impressions regarding the program now that the end is near?

Are you doing another program as well? Right now I'm at 800 questions completed. I'm staying on pace with the Barbri program while using Adaptibar as a supplement, so I never really anticipated getting through all 1,700 questions. For this last week, I'm focusing on MEE, but dedicating 1 hour to Adaptibar questions first thing in the morning to make sure my MBE doesn't slip.

No other program for me, at least not in the traditional sense. I am self-studying while working full-time so I am use tools when I can. For MBE topics I am using Adaptibar for questions and BarMax for their audio lectures. For the essays I am using SmartBar's outlines (they have a longer set of about 270 pages for the MEE subjects and a shorter set of roughly 70 pages as "attack sheets").

Also self-studying with a used copy of Barbri's Conviser & Florida Testing Book, sample essay answers from my Florida Bar website, and Adaptibar for MBE. As of right now I've answered 1896 questions with a 63.8% overall average, and a 77.4% average since July 1st. My question progress is 87.7% (1,535 of 1,751 questions answered).

My first 700 questions were terrible, around 56% overall. Likely due to the fact that I was doing mixed set questions from the beginning. Yes it was frustrating, but I decided early on I would rather miss questions on Adaptibar and get them right later on exam day. My strategy when missing a question, or getting a question right I was unsure about, was to write a short note regarding the black letter law to help enforce my learning.

For this final stretch I am doing 25 MBE questions per day on Adaptibar to keep sharp as I noticed my score tends to drop whenever I would take a day or two off. I also answer 25 Florida multiple choice and review and quick-write two to three essays per day.

On the morning of the MBE I plan to do 10 or so questions to warm up my brain.