Themis Bar Review Hangout - July 2017 Forum

[robin600]

So apparently Themis thinks we don't have a reasonable expectation of privacy in our bank statements? Anyone else thinks that's crazy?

https://www.theatlantic.com/technology/ ... ne/282721/

third party doctrine goes hard. #neverforget #SnowdenWasWrong

Stupid Burger Court...

[uceoledinbdnrn]

So apparently Themis thinks we don't have a reasonable expectation of privacy in our bank statements? Anyone else thinks that's crazy?

https://www.theatlantic.com/technology/ ... ne/282721/

third party doctrine goes hard. #neverforget #SnowdenWasWrong

Stupid Burger Court...

*shrug emoji*

It's a pretty powerful tool for fighting white collar crime and if you think about it, it makes a lot of sense. Why should you be able to keep information secret from the government that you turn over voluntarily to for-profit companies?

[robin600]

So apparently Themis thinks we don't have a reasonable expectation of privacy in our bank statements? Anyone else thinks that's crazy?

https://www.theatlantic.com/technology/ ... ne/282721/

third party doctrine goes hard. #neverforget #SnowdenWasWrong

Stupid Burger Court...

*shrug emoji*

It's a pretty powerful tool for fighting white collar crime and if you think about it, it makes a lot of sense. Why should you be able to keep information secret from the government that you turn over voluntarily to for-profit companies?

I guess it was pretty baller practicing in a state with a financial privacy act...

[IronCobra]

So apparently Themis thinks we don't have a reasonable expectation of privacy in our bank statements? Anyone else thinks that's crazy?

https://www.theatlantic.com/technology/ ... ne/282721/

third party doctrine goes hard. #neverforget #SnowdenWasWrong

Stupid Burger Court...

*shrug emoji*

It's a pretty powerful tool for fighting white collar crime and if you think about it, it makes a lot of sense. Why should you be able to keep information secret from the government that you turn over voluntarily to for-profit companies?

Nobody is saying you should be able to keep it a secret. The question is whether the government should have to get a warrant.

[saywhat88]

Did anyone take Mixed MBE PQ 12 and 13 yet? I thought they were significantly easier than the previous couple.... I got 70% and 76% after getting around 62-64% on the previous few.

i did a bit below avg on 13, and a bit above avg for 12. i was very distracted for pq 13 so whatever. 14 killed me. got 10% below my avg score. this inconsistency is killing me. getting around 70-80 on adaptibar. so basically ive scored between 55% and 80% over the past 6 exam sets (mix b/w themis and ab). i've decided to spend some more time studying for the essays over the next few days in case the mbe fucks me over.

I'm in the same boat. I've been scoring around 55-60% on the MBE practice sets but have been scoring 80-82% in NON-themis materials (Adaptibar + Stategies and Tactics). It's incredibly frustrating and anxiety inducing. I also focused on essays today because the inconsistency is driving me insane!

As I previously mentioned in the thread, I have no idea why it is completely opposite for me; I find Adaptibar, S&T are much harder than Themis!

I was doing really well on the S&T subject-specific questions but started to do some questions from the AM/PM MBE and am scoring wayyy lower than Themis. My last Themis sets I was at around 70%. I did 30 questions from the AM MBE today and came to just 57%. Ugh.

dude, same!! i was doing fine in the sub specific questions for ST. I just finished the AM portion and got 52%. I'm freaking the f out. i literally just got 70% in a themis set yesterday... does anyone have any insight as to these questions. like shit

[MelaPela]

Did anyone take Mixed MBE PQ 12 and 13 yet? I thought they were significantly easier than the previous couple.... I got 70% and 76% after getting around 62-64% on the previous few.

i did a bit below avg on 13, and a bit above avg for 12. i was very distracted for pq 13 so whatever. 14 killed me. got 10% below my avg score. this inconsistency is killing me. getting around 70-80 on adaptibar. so basically ive scored between 55% and 80% over the past 6 exam sets (mix b/w themis and ab). i've decided to spend some more time studying for the essays over the next few days in case the mbe fucks me over.

I'm in the same boat. I've been scoring around 55-60% on the MBE practice sets but have been scoring 80-82% in NON-themis materials (Adaptibar + Stategies and Tactics). It's incredibly frustrating and anxiety inducing. I also focused on essays today because the inconsistency is driving me insane!

As I previously mentioned in the thread, I have no idea why it is completely opposite for me; I find Adaptibar, S&T are much harder than Themis!

I was doing really well on the S&T subject-specific questions but started to do some questions from the AM/PM MBE and am scoring wayyy lower than Themis. My last Themis sets I was at around 70%. I did 30 questions from the AM MBE today and came to just 57%. Ugh.

dude, same!! i was doing fine in the sub specific questions for ST. I just finished the AM portion and got 52%. I'm freaking the f out. i literally just got 70% in a themis set yesterday... does anyone have any insight as to these questions. like shit

I felt like shit yesterday. Finished the rest of the questions in the AM portion today and ended at a 63%, which didn't make me feel that much better. BUT, am looking at it as a learning opportunity since the ST explanations are so much better. I wrote down all of the rules for the questions I got wrong to help me remember them in the future. Don't freak out!!!

[Bass]

If there are multiple junior interests in a security interest or a mortgage, how are the sales proceeds surplus allocated amongst the junior interest holders again? Is it pari passu or is that from insolvency?

I know I really should know this was law school, but still....

[MelaPela]

If there are multiple junior interests in a security interest or a mortgage, how are the sales proceeds surplus allocated amongst the junior interest holders again? Is it pari passu or is that from insolvency?

I know I really should know this was law school, but still....

Don't think it's pari passu - I think among the junior interests, proceeds will satisfy the interest from most senior to most junior.

Edit: Just checked Themis outline and it says as much - "The proceeds from a foreclosure sale are applied first to the costs associated with the sale, second to the balance and interest of the mortgage obligation being foreclosed, and third to the mortgage obligations owed to junior interest holders in the order of the priority of their interest."

[uceoledinbdnrn]

Mixed practice set 5: 84%

Autopass city here I come

Mixed practice set 6: 64%

[saywhat88]

Did anyone take Mixed MBE PQ 12 and 13 yet? I thought they were significantly easier than the previous couple.... I got 70% and 76% after getting around 62-64% on the previous few.

i did a bit below avg on 13, and a bit above avg for 12. i was very distracted for pq 13 so whatever. 14 killed me. got 10% below my avg score. this inconsistency is killing me. getting around 70-80 on adaptibar. so basically ive scored between 55% and 80% over the past 6 exam sets (mix b/w themis and ab). i've decided to spend some more time studying for the essays over the next few days in case the mbe fucks me over.

I'm in the same boat. I've been scoring around 55-60% on the MBE practice sets but have been scoring 80-82% in NON-themis materials (Adaptibar + Stategies and Tactics). It's incredibly frustrating and anxiety inducing. I also focused on essays today because the inconsistency is driving me insane!

As I previously mentioned in the thread, I have no idea why it is completely opposite for me; I find Adaptibar, S&T are much harder than Themis!

I was doing really well on the S&T subject-specific questions but started to do some questions from the AM/PM MBE and am scoring wayyy lower than Themis. My last Themis sets I was at around 70%. I did 30 questions from the AM MBE today and came to just 57%. Ugh.

dude, same!! i was doing fine in the sub specific questions for ST. I just finished the AM portion and got 52%. I'm freaking the f out. i literally just got 70% in a themis set yesterday... does anyone have any insight as to these questions. like shit

I felt like shit yesterday. Finished the rest of the questions in the AM portion today and ended at a 63%, which didn't make me feel that much better. BUT, am looking at it as a learning opportunity since the ST explanations are so much better. I wrote down all of the rules for the questions I got wrong to help me remember them in the future. Don't freak out!!!

haha i dont knowwww. argh, i'm just hoping it's not like that. i felt like a lot of those questions hinged on a fact i would just accidentally gloss over. i just did the free 21 q's ncbe gives out and did well. lets hope its more like those.

[redsox550]

can someone please explain why somene would make a irrevocable trust over a non-revocable one?

[uceoledinbdnrn]

can someone please explain why somene would make a irrevocable trust over a non-revocable one?

Pretty sure there are tax consequences, especially for estate tax purposes.

[whats an updog]

can someone please explain why somene would make a irrevocable trust over a non-revocable one?

If you want to maintain direct control over your assets, but still avoid probate.

[whats an updog]

Anyone got any hot tips for crystallizing remedies in these last few days? It's the only subject that causes me to stare blankly at the essay prompt wondering -- how should I organize this, are incidental damages compensatory or consequential or their thing, etc?

[yeslekkkk]

Anyone got any hot tips for crystallizing remedies in these last few days? It's the only subject that causes me to stare blankly at the essay prompt wondering -- how should I organize this, are incidental damages compensatory or consequential or their thing, etc?

I felt similarly. Then, I relistened to the lectures and wrote out the remedies essay workshop outline by hand. It seemed way less overwhelming.

[lavarman84]

Anyone got any hot tips for crystallizing remedies in these last few days? It's the only subject that causes me to stare blankly at the essay prompt wondering -- how should I organize this, are incidental damages compensatory or consequential or their thing, etc?

Remedies isn't an option for me on my state's essay, but I took it as a class in LS. I don't know how they organize Remedies essay questions, so my advice might be shit here. But I'd organize it by cause of action (if applicable). If you can't do it that way, organize it by type of Remedy and sub-group within that. Such as:
I. Legal Remedies
A. Damages
i. Compensatory Damages
ii. Punitive Damages
iii. Special Damages

II. Equitable Remedies
A. Injunction
B. Declaratory Relief

And you can create sub-sub-parts in addition to that. If this isn't helpful, send me an example of a Remedies essay in a PM, and I might be able to offer better advice.(can't make any guarantees, though, because I am just another recent grad trying to blindly feel my way to a passing grade)

[MelaPela]

haha i dont knowwww. argh, i'm just hoping it's not like that. i felt like a lot of those questions hinged on a fact i would just accidentally gloss over. i just did the free 21 q's ncbe gives out and did well. lets hope its more like those.

The ST civ pro questions killed me. Hopefully the actual MBE doesn't have super long questions like those - UGH. Going to try the 50 of the PM questions tomorrow and see how it goes. Fingers crossed for us!

[whats an updog]

Anyone got any hot tips for crystallizing remedies in these last few days? It's the only subject that causes me to stare blankly at the essay prompt wondering -- how should I organize this, are incidental damages compensatory or consequential or their thing, etc?

I felt similarly. Then, I relistened to the lectures and wrote out the remedies essay workshop outline by hand. It seemed way less overwhelming.

Thanks, I think this was good advice for me since I tend to learn well from listening, I just needed a push in that direction.

Anyone got any hot tips for crystallizing remedies in these last few days? It's the only subject that causes me to stare blankly at the essay prompt wondering -- how should I organize this, are incidental damages compensatory or consequential or their thing, etc?

Remedies isn't an option for me on my state's essay, but I took it as a class in LS. I don't know how they organize Remedies essay questions, so my advice might be shit here. But I'd organize it by cause of action (if applicable). If you can't do it that way, organize it by type of Remedy and sub-group within that. Such as:
I. Legal Remedies
A. Damages
i. Compensatory Damages
ii. Punitive Damages
iii. Special Damages

II. Equitable Remedies
A. Injunction
B. Declaratory Relief

And you can create sub-sub-parts in addition to that. If this isn't helpful, send me an example of a Remedies essay in a PM, and I might be able to offer better advice.(can't make any guarantees, though, because I am just another recent grad trying to blindly feel my way to a passing grade)

Thanks for the organizational tip & offer. I think you are pretty close to the money on organization absent a few types (restitution, reliance, nominal), though you may have understood these to go in there somewhere as subheadings. I think following yeslek's advice, I'll be relatively ok. I hope.

[uceoledinbdnrn]

Does apparent authority have to be an express communication from one party to another? Or if someone's acting in a capacity that would suggest they have authority is that enough to create apparent authority as long as it's reasonable to think so according to custom etc...?

I ask because Question ID: 361* seemed like you could find liability on both contracts under a theory of apparent authority but the model answer suggests that you'd need to resort to estoppel.


Fact pattern is someone owns a restaurant and is secretly bought out by an owner who instructs her not to enter into certain types of contracts but keeps her in charge of the place. She promptly goes and enters into those contracts and hilarity ensues.

[Law4lyf]

Can someone explain to me the risk of loss rules? So for example, if the parties agree in a contract FOB seller then we don't have to run the 4 part analysis correct(Terms of agreement,
breach, courier, merchant nonmerchant)?

[Pilking76]

Does apparent authority have to be an express communication from one party to another? Or if someone's acting in a capacity that would suggest they have authority is that enough to create apparent authority as long as it's reasonable to think so according to custom etc...?

I ask because Question ID: 361* seemed like you could find liability on both contracts under a theory of apparent authority but the model answer suggests that you'd need to resort to estoppel.


Fact pattern is someone owns a restaurant and is secretly bought out by an owner who instructs her not to enter into certain types of contracts but keeps her in charge of the place. She promptly goes and enters into those contracts and hilarity ensues.

Apparent authority doesn't need to be from express communication from the principal to the third party. For example, if the principal makes the agent's title Chief Officer of Sales, a third party will take the designation by the principal as the agent having apparent authority to enter into sales contracts. Estoppel may just be another means by which the principal can be said to be liable on the contract and thats why it was discussed.

[champloo]

Can someone explain to me the risk of loss rules? So for example, if the parties agree in a contract FOB seller then we don't have to run the 4 part analysis correct(Terms of agreement,
breach, courier, merchant nonmerchant)?

lol im so fucked. When i see risk of loss its either shipment/destination/equitable conversion and choose whatever sounds right. I had no idea there was some sort of 4 step analysis.

[quirky]

Can someone explain to me the risk of loss rules? So for example, if the parties agree in a contract FOB seller then we don't have to run the 4 part analysis correct(Terms of agreement,
breach, courier, merchant nonmerchant)?

lol im so fucked. When i see risk of loss its either shipment/destination/equitable conversion and choose whatever sounds right. I had no idea there was some sort of 4 step analysis.

Hahaha, same here. But I thought I kind of understood the rules until I read that post.

[SeewhathappensLarry]

Can someone explain to me the risk of loss rules? So for example, if the parties agree in a contract FOB seller then we don't have to run the 4 part analysis correct(Terms of agreement,
breach, courier, merchant nonmerchant)?

lol im so fucked. When i see risk of loss its either shipment/destination/equitable conversion and choose whatever sounds right. I had no idea there was some sort of 4 step analysis.

Hahaha, same here. But I thought I kind of understood the rules until I read that post.

The way I understand it is the FOB k doesn't control unless 1) the parties didn't agree beforehand who will bear the risk of loss, and 2) one of the parties didn't breach. Only then does it matter if it's a shipment or delivery contract. Someone correct me if I'm wrong

[2014applicant]

Can anybody explain how you would use a prior judgment against a defendant for non-impeachment purposes? I'm having trouble wrapping my head around when it wouldn't be character evidence.