FEB 2018 Bar exam Hangout thread!

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Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Sat Dec 02, 2017 10:21 am

Does anyone have criminal procedure notes? Im finding themis very unhelpful on this subject!

or does anyone have any recommendations on what to do ?

FinallyPassedTheBar

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Re: FEB 2018 Bar exam Hangout thread!

Postby FinallyPassedTheBar » Sat Dec 02, 2017 12:50 pm

Anyone need an Emanuel's S&T 2 book? It's nearly brand new with no writing in it. I'll send it to you for free, I just ask that you sign up for Adaptibar with my discount referral code. Thanks. PM me.

Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Sun Dec 03, 2017 10:10 am

I have a question on criminal law!

So one of the elements of burglary is with the intent to commit a felony therein.

Does that felony need to be one of the spesific intent crimes or can it be anything?

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Re: FEB 2018 Bar exam Hangout thread!

Postby shaq23 » Wed Dec 06, 2017 11:55 am

If anyone is considering Adaptibar. Here is a good review on the program to help you decide. They also offer $30 off.

https://www.virginiabarprep.com/review- ... its-worth/

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RCinDNA

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Re: FEB 2018 Bar exam Hangout thread!

Postby RCinDNA » Wed Dec 06, 2017 12:03 pm

Banana1 wrote:I have a question on criminal law!

So one of the elements of burglary is with the intent to commit a felony therein.

Does that felony need to be one of the spesific intent crimes or can it be anything?


It would be anything the jurisdiction considers to be a felony.

I hope this does not sound like I am yanking your chain but while there are some common law felonies many felonies have been created by statute so you could legitimately come across a question that explicitly states that a particular crime is punished as a misdemeanor in a particular jurisdiction and then you would know that if that jurisdiction's burglary elements are the same as the standard one, then what occurred would not be a felony - it is punished as a misdemeanor. Or they will say tweak the elements of a common law felony (I explain this further below) so that what would usually be a burglary is missing one of the elements so the perpetrator is not guilty of a burglary. This is basically a couple of their strategies to trip you up on the CrimLaw MBE.

Edited for clarity - no wonder you had a follow-up question. I must have been rushing.
Last edited by RCinDNA on Tue Dec 19, 2017 7:08 pm, edited 2 times in total.

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RCinDNA

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Re: FEB 2018 Bar exam Hangout thread!

Postby RCinDNA » Wed Dec 06, 2017 12:12 pm

MRSP wrote:How's everyone doing? Anyone start religiously studying yet?


Just started studying like a monk this week. Last week was basically my last hurrah for the holiday season - I have a smattering of holiday parties but it really is turning into a "study all day to earn the right to relax"-type approach which takes the fun out of getting smashed at parties. It took more time than expected to figure out what my study schedule would look like with work in the picture. Ironically, barely missing the cutoff makes it harder because a) I still remember most of this stuff from bar prep #1 and from school; and b) I don't know if I will throw myself off or burn out by doing more than I did last time.

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Wed Dec 06, 2017 1:47 pm

RCinDNA wrote:
Banana1 wrote:I have a question on criminal law!

So one of the elements of burglary is with the intent to commit a felony therein.

Does that felony need to be one of the spesific intent crimes or can it be anything?


It would be anything the jurisdiction considers to be a felony.

I hope this does not sound like I am yanking your chain but there are some common law felonies but most felonies have been created by statute so you could legitimately come across a question that explicitly states that a particular crime is punished as a misdemeanor in a particular jurisdiction and then you would know that if that jurisdiction's burglary elements are the same as the standard one, then what occurred would not be a burglary and the perpetrator would not be guilty of burglary. This is basically one of their strategies to trip you up on the CrimLaw MBE.


so then what normally could be a felony would only be treated as a misdemeanour and so wouldnt consitute a felony for the purposes of burglary ? Am I correct?

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RCinDNA

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Re: FEB 2018 Bar exam Hangout thread!

Postby RCinDNA » Wed Dec 13, 2017 6:23 pm

Banana1 wrote:
RCinDNA wrote:
Banana1 wrote:I have a question on criminal law!

So one of the elements of burglary is with the intent to commit a felony therein.

Does that felony need to be one of the spesific intent crimes or can it be anything?


It would be anything the jurisdiction considers to be a felony.

I hope this does not sound like I am yanking your chain but there are some common law felonies but most felonies have been created by statute so you could legitimately come across a question that explicitly states that a particular crime is punished as a misdemeanor in a particular jurisdiction and then you would know that if that jurisdiction's burglary elements are the same as the standard one, then what occurred would not be a burglary and the perpetrator would not be guilty of burglary. This is basically one of their strategies to trip you up on the CrimLaw MBE.


so then what normally could be a felony would only be treated as a misdemeanour and so wouldnt consitute a felony for the purposes of burglary ? Am I correct?


For that one question, yes. Each jurisdiction classifies crimes differently so there are literally statutes which say "Crime X is a felony; Crime Y is a misdemeanor". One example I can think of off the top of my head is that Illinois eliminated a few of the elements from the generic definition of burglary so it does not require you to enter the 'dwelling place' of a person herein unlike Florida where 'dwelling place' is still in the statute. I honestly just memorized the generic list of what is considered felonies and the list of misdemeanors to keep it straight - in most jurisdictions, simple battery is generally a misdemeanor but aggravated battery is a felony. So when I got to a question like that I just read through it to make sure they didn't tweak the definition and then I ran through the generic list to pick out what fit.

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Re: FEB 2018 Bar exam Hangout thread!

Postby Tony48 » Thu Dec 14, 2017 12:10 am

RCinDNA wrote:
Banana1 wrote:I have a question on criminal law!

So one of the elements of burglary is with the intent to commit a felony therein.

Does that felony need to be one of the spesific intent crimes or can it be anything?


It would be anything the jurisdiction considers to be a felony.

I hope this does not sound like I am yanking your chain but there are some common law felonies but most felonies have been created by statute so you could legitimately come across a question that explicitly states that a particular crime is punished as a misdemeanor in a particular jurisdiction and then you would know that if that jurisdiction's burglary elements are the same as the standard one, then what occurred would not be a burglary and the perpetrator would not be guilty of burglary. This is basically one of their strategies to trip you up on the CrimLaw MBE.


True. I'm looking over some Barbri questions (took the bar in July) and one fact pattern explicitly states that the crime in question is punished as a misdemeanor. So when it comes to the MBE, the crime is either obviously going to be a felony (because there will be a major crime involved), or it obviously won't be (because they'll either say it's not a felony or it'll be some incredibly silly "offense" going on).

"Pam planned to break into Jill's house to steal her dog." <---obvious felony
"Pam planned to break into Jill's house to poison her dog, and such conduct would be a misdemeanor in the jurisdiction." <---they tell you it's not a felony
"Pam planned to break into Jill's house to pet her dog." <---obviously not a felony

Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Thu Dec 14, 2017 4:06 am

Tony48 wrote:
RCinDNA wrote:
Banana1 wrote:I have a question on criminal law!

So one of the elements of burglary is with the intent to commit a felony therein.

Does that felony need to be one of the spesific intent crimes or can it be anything?


It would be anything the jurisdiction considers to be a felony.

I hope this does not sound like I am yanking your chain but there are some common law felonies but most felonies have been created by statute so you could legitimately come across a question that explicitly states that a particular crime is punished as a misdemeanor in a particular jurisdiction and then you would know that if that jurisdiction's burglary elements are the same as the standard one, then what occurred would not be a burglary and the perpetrator would not be guilty of burglary. This is basically one of their strategies to trip you up on the CrimLaw MBE.


True. I'm looking over some Barbri questions (took the bar in July) and one fact pattern explicitly states that the crime in question is punished as a misdemeanor. So when it comes to the MBE, the crime is either obviously going to be a felony (because there will be a major crime involved), or it obviously won't be (because they'll either say it's not a felony or it'll be some incredibly silly "offense" going on).

"Pam planned to break into Jill's house to steal her dog." <---obvious felony
"Pam planned to break into Jill's house to poison her dog, and such conduct would be a misdemeanor in the jurisdiction." <---they tell you it's not a felony
"Pam planned to break into Jill's house to pet her dog." <---obviously not a felony


Thank you so so much! So to recap if it clearly states that a certain crime is treated as a misdemeanour in a state then that person will not be convicted of burglary unless the elements of burglary are different rigght?

Also what would she be convicted of if it s not a burglary? Do the answer choices usually have acquitted or sth like tresspass

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Re: FEB 2018 Bar exam Hangout thread!

Postby Tony48 » Thu Dec 14, 2017 11:05 am

Banana1 wrote:Thank you so so much! So to recap if it clearly states that a certain crime is treated as a misdemeanour in a state then that person will not be convicted of burglary unless the elements of burglary are different rigght?


Correct. Misdemeanor = no burglary (common law).

And the fact patterns will usually tell you whether or not the jurisdiction is applying common law. So in these situations, you'll never have to guess whether or not to apply common law or to apply a modified statute. They'll tell you in the question.

Also what would she be convicted of if it s not a burglary? Do the answer choices usually have acquitted or sth like tresspass


Depends on the fact pattern. You'll most likely see "No crime," "burglary," "attempted burglary," "burglary and larceny," etc.

But I would keep in mind that most burglary questions test the intent element, not the felony element, since the felony element is pretty easy to spot.

Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Thu Dec 21, 2017 4:26 pm

property question

oliver conveys Blackacre “to Anna, but if the land is ever used as a business during Anna’s lifetime, to Ben.”


does this violate the rule of perpetuities ? i thought it did because it says life time

FinallyPassedTheBar

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Re: FEB 2018 Bar exam Hangout thread!

Postby FinallyPassedTheBar » Thu Dec 21, 2017 6:29 pm

Banana1 wrote:property question

oliver conveys Blackacre “to Anna, but if the land is ever used as a business during Anna’s lifetime, to Ben.”


does this violate the rule of perpetuities ? i thought it did because it says life time



No RAP violation.

RAP violation occurs if vesting can occur beyond a life in being + 21 years.

Here, the vesting might occur within Anna's lifetime...and if the land is never used as a business then Ben has no interest once Anna is dead. So it does not violate RAP.
Last edited by FinallyPassedTheBar on Thu Dec 21, 2017 6:34 pm, edited 1 time in total.

FinallyPassedTheBar

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Re: FEB 2018 Bar exam Hangout thread!

Postby FinallyPassedTheBar » Thu Dec 21, 2017 6:31 pm

It would be a RAP violation if the question read: to Anna, but if the land is ever used as a business, to Ben.

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Re: FEB 2018 Bar exam Hangout thread!

Postby macgirl » Fri Dec 29, 2017 11:58 am

Since the Emanuel's 7th edition hasn't come out does anyone have a good resource for more civ pro practice questions? TIA

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Re: FEB 2018 Bar exam Hangout thread!

Postby shaq23 » Fri Dec 29, 2017 9:11 pm

macgirl wrote:Since the Emanuel's 7th edition hasn't come out does anyone have a good resource for more civ pro practice questions? TIA


Have you tried the 6th edition? That's a good resource as well. Here's a link to it on amazon: http://amzn.to/2yKO0si

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phillywc

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Re: FEB 2018 Bar exam Hangout thread!

Postby phillywc » Sat Dec 30, 2017 3:34 pm

hello

first time taker

i'm 4 days into studying and already so very bored

Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Sat Dec 30, 2017 5:15 pm

shaq23 wrote:
macgirl wrote:Since the Emanuel's 7th edition hasn't come out does anyone have a good resource for more civ pro practice questions? TIA


Have you tried the 6th edition? That's a good resource as well. Here's a link to it on amazon: http://amzn.to/2yKO0si



Would you recommed this book or adapti bar

shaq23

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Re: FEB 2018 Bar exam Hangout thread!

Postby shaq23 » Sat Dec 30, 2017 7:31 pm

Banana1 wrote:
shaq23 wrote:
macgirl wrote:Since the Emanuel's 7th edition hasn't come out does anyone have a good resource for more civ pro practice questions? TIA


Have you tried the 6th edition? That's a good resource as well. Here's a link to it on amazon: http://amzn.to/2yKO0si



Would you recommed this book or adapti bar


I think they’re both a good resource. Emanuel’s has strategies and questions whereas the main Adaptibar program has just questions and explanations.

If you’re looking for questions (because you are comfortable with your strategy) then the main adaptibar program is a good go to. If you’re looking for strategy plus questions then the book might be a better option. If you decide to use Adaptibar let me know and I can send you a discount code.

Here’s a comprehensive review of adaptibar to give you an idea of what to expect:

https://www.virginiabarprep.com/review- ... ou-get-it/

macgirl

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Re: FEB 2018 Bar exam Hangout thread!

Postby macgirl » Sat Dec 30, 2017 11:25 pm

I like the 6th edition of Strategies and Tactics. There is definitely some Civ Pro in there but I was hoping for some more since it's been tested in two testing cycles already.

I also came across this MBE question bank that's half as much as Adaptibar and also has tracking (although not sure if it tracks to the subset subject or just the main subject) http://www.esqyr.com ... maybe someone will find this helpful

myrtlewinston

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Re: FEB 2018 Bar exam Hangout thread!

Postby myrtlewinston » Mon Jan 01, 2018 10:47 pm

NCBE recently released 210 questions, 30 of which are on Civ Pro:
http://store.ncbex.org/mbe-study-aid/

Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Wed Jan 03, 2018 6:42 am

How horrible is the evidence lecturer! He is killing me

Banana1

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Re: FEB 2018 Bar exam Hangout thread!

Postby Banana1 » Wed Jan 03, 2018 10:16 am

can a party impeach their own witness or not? the lecturer said there is no limit on impeachment for your own witness but I thought this was only limited to certain situations

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a male human

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Re: FEB 2018 Bar exam Hangout thread!

Postby a male human » Thu Jan 04, 2018 2:58 pm

macgirl wrote:Since the Emanuel's 7th edition hasn't come out does anyone have a good resource for more civ pro practice questions? TIA

Free options –

- BarPrepHero has a free practice exam with 30 Civ Pro questions. http://barprephero.com/civil-procedure-mbe-test/
- The NCBE has 10 sample questions with annotations. http://www.ncbex.org/pdfviewer/?file=%2 ... ument%2F16

Paid options -

- 30 official questions (and answer key, presumably no annotations) from the NCBE’s Study Aid (download option also available for $15 less) http://store.ncbex.org/mbe-study-aid-download/
- 7Sage’s MBE Question Bank - Premium has the 30 official Civ Pro questions from the NCBE Study Aid (without answer explanations)—may be worth it if you were planning on getting all of the official Online Practice Exams, which are included with 7Sage for less than what you'd pay the NCBE https://7sage.com/mbe/enroll/
- AdaptiBar or BarMax.
- And of course, your prep course has some questions to drill if you're enrolled in one.

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phillywc

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Re: FEB 2018 Bar exam Hangout thread!

Postby phillywc » Sun Jan 14, 2018 12:46 pm

finally feeling a little better about the MBE after a rough start on property.

Still pretty worried about the essays tho. I can get the right answers ultimately i'm pretty sure but actually listing out the elements feels impossible to me right now. Also, even when I feel like I explained everything the model answers are like 3 times as long and i'm confused as to why the hell they're writing so much saying absolutely nothing.



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