THEMIS JULY 2018 - DISCUSSION Forum

lawlurk · Post by **lawlurk** » Fri Jul 13, 2018 10:49 pm

CA people: How much time people are you spending on PR? Im torn, even though I am not confident with the subject (took class 2L, forgot everything per usual), I feel like my time could be better spent on additional MBE topic study, but then again I know PR is tested frequently either as a crossover or full blown essay. I feel like I can manage a cross over by bullshitting if needed, but not sure about an entire essay. Thoughts? Should I just get a "lay of the land" and move along?

dabigchina · Post by **dabigchina** » Fri Jul 13, 2018 11:44 pm

lawlurk wrote:CA people: How much time people are you spending on PR? Im torn, even though I am not confident with the subject (took class 2L, forgot everything per usual), I feel like my time could be better spent on additional MBE topic study, but then again I know PR is tested frequently either as a crossover or full blown essay. I feel like I can manage a cross over by bullshitting if needed, but not sure about an entire essay. Thoughts? Should I just get a "lay of the land" and move along?

Depends on how you're doing on the MBEs IMO. If you're below 67-70%, i'd spend more time on MBEs. If you're around that ballpark, I'd at least outline a couple PR essays.

deacon · Post by **deacon** » Sat Jul 14, 2018 1:42 am

I haven't scheduled my sleeping. Going to bed around 2-3 am and waking up around 10. I feel guilty when I think that my biological clock will fail me on the game day. Is anyone around here also a night owl? Should I really schedule my sleeping asap? I couldn't succeed this so far, because I couldn't effectively study until 5 pm

Broncsfan · Post by **Broncsfan** » Sat Jul 14, 2018 2:12 am

deacon wrote:I haven't scheduled my sleeping. Going to bed around 2-3 am and waking up around 10. I feel guilty when I think that my biological clock will fail me on the game day. Is anyone around here also a night owl? Should I really schedule my sleeping asap? I couldn't succeed this so far, because I couldn't effectively study until 5 pm

Exact Same here. I'm aiming to try and reset my clock a bit starting this upcoming Tuesday. I figure that should be enough time but the first couple of days may be rough.

Tala29 · Post by **Tala29** » Sat Jul 14, 2018 9:24 am

Thoughts on Conflict of Laws? I have completely and utterly neglected it.

I am pretty worried because I have done ZERO practice essays since 3 weeks by the way. I haven't even done the ones from the last 2 practice exam (which I probably should). Honestly it just freaked me out that I didn't know the answers and then I couldn't focus at all on studying anymore so I copy pasted the rules of the essays and tried to learn them rather than actually doing th essays...

Findedeux · Post by **Findedeux** » Sat Jul 14, 2018 11:04 am

Tala29 wrote:Thoughts on Conflict of Laws? I have completely and utterly neglected it.

I am pretty worried because I have done ZERO practice essays since 3 weeks by the way. I haven't even done the ones from the last 2 practice exam (which I probably should). Honestly it just freaked me out that I didn't know the answers and then I couldn't focus at all on studying anymore so I copy pasted the rules of the essays and tried to learn them rather than actually doing th essays...

I'm worried about some of the MEE subjects that I haven't had time to fully grasp, like Wills, Trusts, and Conflict.

That said, it seems like if our MBE scores are around a 150 scaled we can do pretty awful on the essays (percentile wise) and still be fine.

Pajsa18 · Post by **Pajsa18** » Sat Jul 14, 2018 11:08 am

Character evidence question if anyone has time to clarify?

In a Civil Case - character evidence will be admitted if it is an essential element. Character is an essential element in:
1. Negligent entrustment / hiring
2. Defamation
3. Child custody

The evidence offered can be Reputation, Opinion, or Specific Acts.

This is where I get messed up --> the evidence can be introduced/offered by EITHER the Plaintiff or Defendant???

sproutz · Post by **sproutz** » Sat Jul 14, 2018 11:35 am

Broncsfan wrote:
deacon wrote:I haven't scheduled my sleeping. Going to bed around 2-3 am and waking up around 10. I feel guilty when I think that my biological clock will fail me on the game day. Is anyone around here also a night owl? Should I really schedule my sleeping asap? I couldn't succeed this so far, because I couldn't effectively study until 5 pm

Exact Same here. I'm aiming to try and reset my clock a bit starting this upcoming Tuesday. I figure that should be enough time but the first couple of days may be rough.

Melatonin is super useful for effectively resetting your internal clock. I've been taking some around 9:30, usually able to get to sleep by 10:30 and then able to work by 8:30am. And I am usually a total night owl, so it's pretty amazing.

unsweetened · Post by **unsweetened** » Sat Jul 14, 2018 12:04 pm

Lawworld19 wrote:
unsweetened wrote:Scored 50% on mixed set 7 yesterday. Scored 78% on mixed set 8 today. The only thing consistent is my inconsistency. I am very worried about the MBE. I don't mind the MEE stuff because I can feel my way through it, but the MBE stuff is very frustrating. Just when I feel like I am getting it, I crash and burn hard.

What state are you taking??

I'm in Georgia

unsweetened · Post by **unsweetened** » Sat Jul 14, 2018 12:06 pm

sproutz wrote:
Broncsfan wrote:
deacon wrote:I haven't scheduled my sleeping. Going to bed around 2-3 am and waking up around 10. I feel guilty when I think that my biological clock will fail me on the game day. Is anyone around here also a night owl? Should I really schedule my sleeping asap? I couldn't succeed this so far, because I couldn't effectively study until 5 pm

Exact Same here. I'm aiming to try and reset my clock a bit starting this upcoming Tuesday. I figure that should be enough time but the first couple of days may be rough.
Melatonin is super useful for effectively resetting your internal clock. I've been taking some around 9:30, usually able to get to sleep by 10:30 and then able to work by 8:30am. And I am usually a total night owl, so it's pretty amazing.

Good idea, will have to try that out. I have the same issues where I naturally only start to get tired around midnight

jcwest · Post by **jcwest** » Sat Jul 14, 2018 12:19 pm

Alright, I have a question. How indicative are the essays we have been given through Themis of what will be on the Bar?

For instance, just locked up Secured Transactions and I have gone through all the essays. Not one essay talked about a time period for re-filing a financing statement, the exact contents of a financing statement (seriously misleading, etc) or security agreement for that matter, a lien creditor (one mentioned a general creditor)... etc. In fact, every essay, and I mean every, has a bank or lender who attaches and files a financing statement and some other tools who try to hide their security interest as a lease or just ignore it entirely.

Like, If I know the elements of attachment, perfection, priority, and enforcement... sprinkled in with "first in time", "case by case", "security agreement in existence"... can I move on? --> and apply this same logic to every other essay subject that is not MBE.

xhe02 · Post by **xhe02** » Sat Jul 14, 2018 12:31 pm

Is this poor drafting or am I understanding the question incorrectly?

A woman and her sister walked into the woman’s house. The woman went into her bedroom to say hello to her husband, while the sister waited in the other room. As soon as the woman walked into the bedroom, her sister heard her exclaim, “Where did you get all that money? There must be several thousand dollars on this dresser!” The woman came out of her bedroom shortly thereafter, and told her sister that they had to leave immediately. When they got in the car, the woman told her sister that her husband had robbed a bank. The husband was later arrested for bank robbery. At trial, the woman refused to testify against her husband, and the prosecution called the sister as a witness. The sister testified that the woman had said there was several thousand dollars on the dresser, and that the woman later said that the husband had robbed a bank. The defendant objected to both pieces of testimony.

How should the judge rule regarding the sister’s testimony?
The judge should admit both pieces of testimony.
The judge should admit the testimony regarding the woman’s statement about the money on the dresser only.
The judge should admit the testimony regarding the woman’s statement about her husband robbing a bank only.
The judge should exclude both pieces of testimony.

When did the woman say there were money on the dresser? Isn't it the sister who exclaimed?

EncyclopediaOrange · Post by **EncyclopediaOrange** » Sat Jul 14, 2018 12:41 pm

xhe02 wrote:Is this poor drafting or am I understanding the question incorrectly?

A woman and her sister walked into the woman’s house. The woman went into her bedroom to say hello to her husband, while the sister waited in the other room. As soon as the woman walked into the bedroom, her sister heard her exclaim, “Where did you get all that money? There must be several thousand dollars on this dresser!” The woman came out of her bedroom shortly thereafter, and told her sister that they had to leave immediately. When they got in the car, the woman told her sister that her husband had robbed a bank. The husband was later arrested for bank robbery. At trial, the woman refused to testify against her husband, and the prosecution called the sister as a witness. The sister testified that the woman had said there was several thousand dollars on the dresser, and that the woman later said that the husband had robbed a bank. The defendant objected to both pieces of testimony.

How should the judge rule regarding the sister’s testimony?
The judge should admit both pieces of testimony.
The judge should admit the testimony regarding the woman’s statement about the money on the dresser only.
The judge should admit the testimony regarding the woman’s statement about her husband robbing a bank only.
The judge should exclude both pieces of testimony.

When did the woman say there were money on the dresser? Isn't it the sister who exclaimed?

"her sister heard HER (the woman) exclaim . . . ."

xhe02 · Post by **xhe02** » Sat Jul 14, 2018 12:45 pm

EncyclopediaOrange wrote:
xhe02 wrote:Is this poor drafting or am I understanding the question incorrectly?

A woman and her sister walked into the woman’s house. The woman went into her bedroom to say hello to her husband, while the sister waited in the other room. As soon as the woman walked into the bedroom, her sister heard her exclaim, “Where did you get all that money? There must be several thousand dollars on this dresser!” The woman came out of her bedroom shortly thereafter, and told her sister that they had to leave immediately. When they got in the car, the woman told her sister that her husband had robbed a bank. The husband was later arrested for bank robbery. At trial, the woman refused to testify against her husband, and the prosecution called the sister as a witness. The sister testified that the woman had said there was several thousand dollars on the dresser, and that the woman later said that the husband had robbed a bank. The defendant objected to both pieces of testimony.

How should the judge rule regarding the sister’s testimony?
The judge should admit both pieces of testimony.
The judge should admit the testimony regarding the woman’s statement about the money on the dresser only.
The judge should admit the testimony regarding the woman’s statement about her husband robbing a bank only.
The judge should exclude both pieces of testimony.

When did the woman say there were money on the dresser? Isn't it the sister who exclaimed?
"her sister heard HER (the woman) exclaim . . . ."

Oh thanks! Stupid to miss that.

Findedeux · Post by **Findedeux** » Sat Jul 14, 2018 1:07 pm

Pajsa18 wrote:Character evidence question if anyone has time to clarify?

In a Civil Case - character evidence will be admitted if it is an essential element. Character is an essential element in:
1. Negligent entrustment / hiring
2. Defamation
3. Child custody

The evidence offered can be Reputation, Opinion, or Specific Acts.

This is where I get messed up --> the evidence can be introduced/offered by EITHER the Plaintiff or Defendant???

I believe it can be offered by either party.

In defamation, the falsity of the statement is an element and therefore has to be proven by the P but since there will usually be a factual dispute the D will frequently present such evidence of its truth as well.

Can imagine the same type of factual squabbling in the other two as well; one parents says she's unfit and the other says "No, I'm not, I did this and this and this for my kid".

Pajsa18 · Post by **Pajsa18** » Sat Jul 14, 2018 1:21 pm

Findedeux wrote:
Pajsa18 wrote:Character evidence question if anyone has time to clarify?

In a Civil Case - character evidence will be admitted if it is an essential element. Character is an essential element in:
1. Negligent entrustment / hiring
2. Defamation
3. Child custody

The evidence offered can be Reputation, Opinion, or Specific Acts.

This is where I get messed up --> the evidence can be introduced/offered by EITHER the Plaintiff or Defendant???
I believe it can be offered by either party.

In defamation, the falsity of the statement is an element and therefore has to be proven by the P but since there will usually be a factual dispute the D will frequently present such evidence of its truth as well.

Can imagine the same type of factual squabbling in the other two as well; one parents says she's unfit and the other says "No, I'm not, I did this and this and this for my kid".

Thank you!

frqw9201 · Post by **frqw9201** » Sat Jul 14, 2018 1:24 pm

jcwest wrote:Alright, I have a question. How indicative are the essays we have been given through Themis of what will be on the Bar?

For instance, just locked up Secured Transactions and I have gone through all the essays. Not one essay talked about a time period for re-filing a financing statement, the exact contents of a financing statement (seriously misleading, etc) or security agreement for that matter, a lien creditor (one mentioned a general creditor)... etc. In fact, every essay, and I mean every, has a bank or lender who attaches and files a financing statement and some other tools who try to hide their security interest as a lease or just ignore it entirely.

Like, If I know the elements of attachment, perfection, priority, and enforcement... sprinkled in with "first in time", "case by case", "security agreement in existence"... can I move on? --> and apply this same logic to every other essay subject that is not MBE.

They are all past exam questions, if you google a random sentence in the question it will come up

Allux · Post by **Allux** » Sat Jul 14, 2018 2:03 pm

What is the average percentage of last Practice Exam?Is it harder or easier? I just did it on the book, 64 percent left... I thought I did ok, but I got 24/50 for the last 50 questions.

EncyclopediaOrange · Post by **EncyclopediaOrange** » Sat Jul 14, 2018 2:16 pm

xhe02 wrote:
Oh thanks! Stupid to miss that.

No problem!

lawlurk · Post by **lawlurk** » Sat Jul 14, 2018 2:50 pm

dabigchina wrote:
lawlurk wrote:CA people: How much time people are you spending on PR? Im torn, even though I am not confident with the subject (took class 2L, forgot everything per usual), I feel like my time could be better spent on additional MBE topic study, but then again I know PR is tested frequently either as a crossover or full blown essay. I feel like I can manage a cross over by bullshitting if needed, but not sure about an entire essay. Thoughts? Should I just get a "lay of the land" and move along?
Depends on how you're doing on the MBEs IMO. If you're below 67-70%, i'd spend more time on MBEs. If you're around that ballpark, I'd at least outline a couple PR essays.

Yeah, I haven't really dipped below 70% on mixed sets in a long time, usually around 76-84%. I'll spend some of my time on it again today though.

Also related to PR, I happen to have Barbri's CA bar exam outlines.(which I have concluded are usually better) Barbri covers "conflicts facing insurance defense lawyers" pretty in-depth, but I don't remember seeing Themis cover this? Wonder if its a big issue. Anyone see this arise in a past essay?

lytieul0ng · Post by **lytieul0ng** » Sat Jul 14, 2018 2:53 pm

Not related to anything useful, but finally just started the Wills lectures and think it's hilarious that the reference to best friends is Hank Mardukas. Hank Mardukas has been my best friend since our first year at IBM.

Lawworld19 · Post by **Lawworld19** » Sat Jul 14, 2018 3:57 pm

Starting to really lose motivation and steam. Wish it was easier to keep it goin.

CBlaw · Post by **CBlaw** » Sat Jul 14, 2018 4:26 pm

masterherm wrote:Do the MBE problem sets get harder as you go along? I've only done the first 4-5 but I'm doing way better on them than I did on the practice tests. Not sure if it's because I'm improving or because they start off really easy...

I was about to ask the opposite lol. I am getting way better scores on the last couple sets. I am on set 12 now but dont know if they are getting easier or im just remembering everything now. Maybe they are different for everyone

Great45 · Post by **Great45** » Sat Jul 14, 2018 4:30 pm

At this point, is everyone doing the mixed sets in Test Mode, or are you still doing Interactive?

Lawworld19 · Post by **Lawworld19** » Sat Jul 14, 2018 4:34 pm

In test mode.

Everyone scoring in the 60-70% range?

or most on here in 70-80?

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