THEMIS JULY 2018 - DISCUSSION Forum

[Manflash]

Is anyone else just ignoring certain essay topics? My state rarely tests Fed inc tax and family law, so i'm pretty much completely neglecting them. I should probably do a quick scan of the FROs to get buzzwords, I guess.

[Auxilio]

Stupid question but is anyone else hitting in the 70%-76% range on mixed sets and still feel like they don't know half this stuff well enough for the essay portion?

That's write where I am for MBEs and yeah, essays terrify me.

[Lili8]

Stupid question but is anyone else hitting in the 70%-76% range on mixed sets and still feel like they don't know half this stuff well enough for the essay portion?

*raises hand*

[CBlaw]

Stupid question but is anyone else hitting in the 70%-76% range on mixed sets and still feel like they don't know half this stuff well enough for the essay portion?

That's write where I am for MBEs and yeah, essays terrify me.

exactly how I feel. There is just soooo many common law vs UPC vs modern laws vs .blah blah to memorize all this shit. I wonder how bad an "average" essay is.

[Lurker123]

Been lurking this thread for weeks and it has been super helpful. Looking for some input/advice. I have to write the MEE/MPT portion due to effing up on the initial application. Sucks because I think I will definitely score worse on this portion than I would have typing (legibility, speed, etc.) but whatever, tough sh*t.

I was primarily wondering if people had thoughts on the best practice for formatting the essays. For example, almost every single essay I do I think of a rule or issue after the fact and have to plug it back into my answer. This in turn, adds to the analysis, etc. This isn't a problem on a laptop but not sure the best way to tackle this issue when hand writing. Just trying not to submit a convoluted mess.

[thisyearsgirl]

Neurotic bar prep question of the day -- anyone know if we can use abbreviations on the MEE/MPTs?? (e.g., D for Defendant, b/c for because) Or do we have the "define" the abbreviations if we use them? I don't want to miss points just b/c I was too lazy to type out words...

[jcwest]

Neurotic bar prep question of the day -- anyone know if we can use abbreviations on the MEE/MPTs?? (e.g., D for Defendant, b/c for because) Or do we have the "define" the abbreviations if we use them? I don't want to miss points just b/c I was too lazy to type out words...

I think you would serve yourself VERY POORLY by writing in abbreviations such as "b/c." But I am not a bar examiner.

[White Dwarf]

Neurotic bar prep question of the day -- anyone know if we can use abbreviations on the MEE/MPTs?? (e.g., D for Defendant, b/c for because) Or do we have the "define" the abbreviations if we use them? I don't want to miss points just b/c I was too lazy to type out words...

If you're pressed for time, you're better off abbreviating the party's names or the name of a rule than you are not discussing an issue because you don't have time. But, never abbreviate words like "because."

[EncyclopediaOrange]

Stupid question but is anyone else hitting in the 70%-76% range on mixed sets and still feel like they don't know half this stuff well enough for the essay portion?

Strong yes.

[Neilt001]

Been lurking this thread for weeks and it has been super helpful. Looking for some input/advice. I have to write the MEE/MPT portion due to effing up on the initial application. Sucks because I think I will definitely score worse on this portion than I would have typing (legibility, speed, etc.) but whatever, tough sh*t.

I was primarily wondering if people had thoughts on the best practice for formatting the essays. For example, almost every single essay I do I think of a rule or issue after the fact and have to plug it back into my answer. This in turn, adds to the analysis, etc. This isn't a problem on a laptop but not sure the best way to tackle this issue when hand writing. Just trying not to submit a convoluted mess.

I think this is the main problem with handwriting: you can't go back and make changes very easily. I remember in law school having to leave spaces between paragraphs in case I wanted to go back and add to it. I also remember lots of arrows and crossing things out. It won't be pretty, but I think the graders should be able to decipher what you're trying to say.

I wonder if you could also get away with saying things like "Another issue, which should have been included at X above, is that..." or "I ran out of room to discuss X, so I will say it now."

[jcwest]

Stupid question but is anyone else hitting in the 70%-76% range on mixed sets and still feel like they don't know half this stuff well enough for the essay portion?

That's write where I am for MBEs and yeah, essays terrify me.

The worst part is that... until today... I was pretty focused. Unfortunately, that focus is beginning to diminish. Wouldn't mind if the test was tomorrow at this rate.

[jemthey17]

Stupid question but is anyone else hitting in the 70%-76% range on mixed sets and still feel like they don't know half this stuff well enough for the essay portion?

*raises hand*

Same. And I actually feel like I know a good amount of rules at this point for every subject. But yet every time I attempt a Themis Essay PQ, I am thrown a curve ball.

[fuuuuuuuuuu]

First world bar problems, but I really want to get a different score on these MPQ sets. From set 6 to 14, I've had 78% all across the board. Literally no change, up or down. This number will forever scar me.

Not to mention these MPQ set scores have no correspondence on what I actually get on the practice tests. I hate everything. I also am completely unprepared for the MEE but not as fussed because eh, apathy and hopefully bs will pull me through.

[Auxilio]

Been lurking this thread for weeks and it has been super helpful. Looking for some input/advice. I have to write the MEE/MPT portion due to effing up on the initial application. Sucks because I think I will definitely score worse on this portion than I would have typing (legibility, speed, etc.) but whatever, tough sh*t.

I was primarily wondering if people had thoughts on the best practice for formatting the essays. For example, almost every single essay I do I think of a rule or issue after the fact and have to plug it back into my answer. This in turn, adds to the analysis, etc. This isn't a problem on a laptop but not sure the best way to tackle this issue when hand writing. Just trying not to submit a convoluted mess.

I think this is the main problem with handwriting: you can't go back and make changes very easily. I remember in law school having to leave spaces between paragraphs in case I wanted to go back and add to it. I also remember lots of arrows and crossing things out. It won't be pretty, but I think the graders should be able to decipher what you're trying to say.

I wonder if you could also get away with saying things like "Another issue, which should have been included at X above, is that..." or "I ran out of room to discuss X, so I will say it now."

All my law school exams were on computer, but what I did in History (similar levels of spewing out information on a page) in undergrad was essentially footnotes. If you are adding more than a line (where you just slide into into the double space) then put like a 1, circled and say "see below." Then at the bottom of that page, or the page you are on, draw a line across the page, put another 1 circled, and write out what you want to inject above.

[Allux]

does anyone know why preclusive effect of federal court's judgment in diversity is determined by federal common law?? Can't find any reference on the long outline.

[Auxilio]

does anyone know why preclusive effect of federal court's judgment in diversity is determined by federal common law?? Can't find any reference on the long outline.

It feels like procedure to me

[EncyclopediaOrange]

does anyone know why preclusive effect of federal court's judgment in diversity is determined by federal common law?? Can't find any reference on the long outline.

It feels like procedure to me

Yea and massive forum shopping issues.

[arose928]

Question: when Themis gives the task "Review: Contracts (Final Review Outline & Essay Workshop Handout)", what are you actually doing? The first time it assigned those review tasks, I actually read the FRO, and I went through the essay workshop handouts and created essay templates with the rule statements. Now it's giving me another go-around of those same review tasks. Reading the FRO was basically useless the first time around, and there's not much left to do with the essay templates. I'm not sure what is a good use of time AND what is actually useful for retention, because just reading things doesn't do much for me, and there's not really time to re-write or re-type every rule.

[fuuuuuuuuuu]

I lol and just mark it as done and watch my percentage shoot up. Then do an extra MPQ set or just memorize a few rule statements from the essays we've been assigned (typically 10-15 essays a day for a total of 30-40 rule statements).

Question: when Themis gives the task "Review: Contracts (Final Review Outline & Essay Workshop Handout)", what are you actually doing? The first time it assigned those review tasks, I actually read the FRO, and I went through the essay workshop handouts and created essay templates with the rule statements. Now it's giving me another go-around of those same review tasks. Reading the FRO was basically useless the first time around, and there's not much left to do with the essay templates. I'm not sure what is a good use of time AND what is actually useful for retention, because just reading things doesn't do much for me, and there's not really time to re-write or re-type every rule.

[Auxilio]

Question: when Themis gives the task "Review: Contracts (Final Review Outline & Essay Workshop Handout)", what are you actually doing? The first time it assigned those review tasks, I actually read the FRO, and I went through the essay workshop handouts and created essay templates with the rule statements. Now it's giving me another go-around of those same review tasks. Reading the FRO was basically useless the first time around, and there's not much left to do with the essay templates. I'm not sure what is a good use of time AND what is actually useful for retention, because just reading things doesn't do much for me, and there's not really time to re-write or re-type every rule.

I'm making myself flash cards, which isn't something I would normally do but decided is worth it this time. So I just walk through the outline making flashcards of any topic I have remotely struggled with. Then Sunday/Monday is going to be basically just flash card review.

Having said that, I don't know if I'd do it twice. I never read the outlines in the first place.

[houritsu]

does anyone know why preclusive effect of federal court's judgment in diversity is determined by federal common law?? Can't find any reference on the long outline.

It feels like procedure to me

Yea and massive forum shopping issues.

It's on page 17 of the lecture outline for Civ, though it seems to only be relevant if you have a subsequent case in another federal court. If you look at page 90 of the long-outline, under heading 8 ) Diversity Jurisdiction, for subsequent cases in another state court (i.e. not in the first forum state) you would apply the first forum state's claim preclusion laws re: a federal court's judgment in diversity.

[Elastigirl14]

I just got a 62% on practice exam #3 (the morning simulated MBE). Should I be concerned? The Themis average was 64%. I've already completed almost 2,000 practice MBE questions, and my scores usually range between 60 and 70, usually low to mid 60's.

[smile0751]

Similar to the above comment, when should we feel "safe" about our performance? Like what performance on practice sets or practice essays makes it REALLY unlikely that we won't pass?

[Lawworld19]

I just got a 62% on practice exam #3 (the morning simulated MBE). Should I be concerned? The Themis average was 64%. I've already completed almost 2,000 practice MBE questions, and my scores usually range between 60 and 70, usually low to mid 60's.

I am exactly the same. I got a 66% on the most recent study aid released by the NCBE. I got 132 out of 200 correct.

Hopefully that is indicative of how I will do on the real test and same for you.

[xhe02]

Can someone help explain when a donee is protected under a recording act? I got this question wrong and am very confused. I thought donees are generally not protected under the recording statues. Is it because the claim arises after the deed was transferred?

thanks a lot!

The owner of a remote 150 acre tree farm gifted it to his son by quitclaim deed ten years ago. The son, who was 21 years old, took possession of the farm and began to supervise the harvest of timber, but failed to record his deed. Five years later, the owner conveyed the farm to a businessman by warranty deed. The businessman, who paid valuable consideration for the warranty deed, was unaware of the son’s possession of the land or the prior quitclaim deed. The businessman promptly and properly recorded his deed and began sending geologists onto the property to assess it for possible mineral extraction. The son learned of the businessman’s actions and promptly recorded his deed. The son then brought an action to enjoin the businessman from entering the property and to quiet title.
The recording act of the jurisdiction provides the following: “No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law.”
Who should succeed in this action?
The businessman, because his warranty deed has priority over the son’s quitclaim deed.
The businessman, because he paid valuable consideration for the deed.
The son, because a reasonable investigation of the farm would have revealed the son’s interest.
The son, because his interest is protected under the recording act.

Sorry, that's not the best choice.
The answer you selected is not the best choice in this situation.

Answer choice C is correct. The recording act in this jurisdiction is a notice statute. This means that a purchaser need only purchase the property without notice of the prior interest to prevail. However, if a reasonable investigation would have disclosed the existence of prior claims, then the grantee is considered to possess inquiry notice, and she cannot prevail against those prior claims. In this case, because the son took possession of the tree farm and continued to harvest timber, inspection of the property would have revealed the son’s prior claim. Therefore, the businessman cannot prevail. Answer choice A is incorrect because the recording act does not provide that a warranty deed will always succeed over a quitclaim deed. Answer choice B is incorrect. Because the businessman was on inquiry notice of the prior claim, he cannot prevail, regardless of his having given valuable consideration to acquire the property through a warranty deed. Answer choice D is incorrect. The son is not protected under the recording act because he was not a purchaser for value and he knew of the businessman’s interest when he recorded his quitclaim deed. Instead, because the businessman does not enjoy the protection of the recording act, as he had inquiry notice of the son’s interest, the “first in time, first in right” rule dictates that the son will prevail over the businessman.