THEMIS JULY 2018 - DISCUSSION Forum

[Lawworld19]

Any retakers on here with any advice?

[dlrkgml]

http://www.ncbex.org/pdfviewer/?file=%2 ... ument%2F17

Just did these sample 21 questions directly from NCBE website. Not sure if any of you don't know about it but can get them done in 38 mins.

How'd you do on them? I only got 14/21.

I only got a 13/21. Yikes.

The fact patterns seem easier to get through but some of the concepts I just didn't off the top of my head know if that makes sense.

18 really pissed me off. I analyzed every step from divisible portions of the contract, to goods vs. service, to SoF.... and the answer is fair and equitable? Apparently I have to go over contracts more.

Yeah... I didn't get that either. I'm not even sure what doctrine it's under. Estoppel?

Yeah what the hell were these answers. That, and newsworthy? They made no sense, at least reference a specific rule!! Are these official questions from old exams?

So I got the newsworthy question wrong and thought it was a ridiculous answer as well, but I just saw it mentioned on my Critical Pass flashcard and thought I'd share the contents in case you or anyone still wanted to know:

Tort: Disclosure - public disclosure of P's private information
Requirements: disclosure must be (1) highly offensives to a reasonable person. Public activities are not objectionable; (2) publicized - made available to a public audience.
Newsworthiness Exception: no liability if private facts are newsworthy
Defenses: Consent is a valid defense; privilege is a valid defense to disclosure

As a side note, newsworthiness exception also applies in appropriation but not in false light cases. I once upon a time had had all these details highlighted and familiarized but it feels like I'm learning torts from scratch all over again...

[Auxilio]

62% is failing in my jurisdiction, so...

Sadly, it is in mine too. I need a 133 on the MBE to get half my points.

But is it per se failing or just being on track to fail? There are lots of points to be had on the MPT and writing coherent, even if wrong, answers on the MEE.

From what I understand at least, if you write a really good answer on 9/10 relevant issues but miss the 10th in CA you only get a 60 (65 on track to pass). So say on an evidence essay if Character evidence is never going to be a successful objection, but it is tangentially relevant, the failure to mention it will drop you to a 60.

I'm basically shooting for a 75% average (upper end of what I'm getting on practice sets) on the MBE to make up for probably straight 60s on the essays.

On the plus side, it seems very hard to get a 55 or below.

[dabigchina]

62% is failing in my jurisdiction, so...

Sadly, it is in mine too. I need a 133 on the MBE to get half my points.

But is it per se failing or just being on track to fail? There are lots of points to be had on the MPT and writing coherent, even if wrong, answers on the MEE.

From what I understand at least, if you write a really good answer on 9/10 relevant issues but miss the 10th in CA you only get a 60 (65 on track to pass). So say on an evidence essay if Character evidence is never going to be a successful objection, but it is tangentially relevant, the failure to mention it will drop you to a 60.

I'm basically shooting for a 75% average (upper end of what I'm getting on practice sets) on the MBE to make up for probably straight 60s on the essays.

On the plus side, it seems very hard to get a 55 or below.

Where are you getting that? CA grading is hard but not that hard.

[Auxilio]

...

Ide-Don videos/graded essay responses. Ide-Don always says something like "hit all these issues to get a passing score" and my grader has on some essays said essentially "great answer, but missed X, so 60."

[dabigchina]

...

Ide-Don videos/graded essay responses. Ide-Don always says something like "hit all these issues to get a passing score" and my grader has on some essays said essentially "great answer, but missed X, so 60."

To be honest, I think Themis is unnecessarily harsh when it comes to the essay grading stuff. I've seen CA model answers that left out "important" elements in their model answers.

[Lawworld19]

Anyone just getting bored/tired of studying?

Not because I know everything, just unfortunately burning out a little.

Also, got a 29/50 on the NCBE recently released questions so far. Not good. Hoping they are harder than the real test. I score higher with themis.

[abogado2018]

62% is failing in my jurisdiction, so...

Sadly, it is in mine too. I need a 133 on the MBE to get half my points.

But is it per se failing or just being on track to fail? There are lots of points to be had on the MPT and writing coherent, even if wrong, answers on the MEE.

From what I understand at least, if you write a really good answer on 9/10 relevant issues but miss the 10th in CA you only get a 60 (65 on track to pass). So say on an evidence essay if Character evidence is never going to be a successful objection, but it is tangentially relevant, the failure to mention it will drop you to a 60.

I'm basically shooting for a 75% average (upper end of what I'm getting on practice sets) on the MBE to make up for probably straight 60s on the essays.

On the plus side, it seems very hard to get a 55 or below.

This is not true. Ide-Don said you have to hit all the pieces of evidence to get a 65, not every issue. So if you have three pieces of evidence, and you only hit two of them, yeah, you're not getting a 65. But if there are 10 hearsay exceptions and you hit 9, you're definitely OK.

[jcwest]

Anyone just getting bored/tired of studying?

Not because I know everything, just unfortunately burning out a little.

Also, got a 29/50 on the NCBE recently released questions so far. Not good. Hoping they are harder than the real test. I score higher with themis.

Oh yeah, I'm way beyond bored of studying. Its taking me an obnoxious amount of time to memorize family law because of it. The amount of details in this outline is mind boggling.

My Themis scores have begun to pan out around 70% though (past 3 at least have been 70, 70, 72) and I have not done MBE subjects in 4 days outside of PQs.

As much as I am freaking out, I do think its going to be OK. --> I do think they're "you know more than you think" concept is true and I do think being rested will be key. Last night I couldn't remember any of wills/trusts but when I woke up I started spitting out all the highly tested stuff.

[ithrowds]

Are question sets getting noticeably harder for anyone else?

I'm at MBE mixed set #15 and the last couple sets I've dropped maybe 10-15% from my prior scores and I've started to notice more and more obscure rules being tested

[CrawlingToTheBar]

Absolutely. My scores went from upper 70s through MBE PQ sets 6-9 to low 70s and even upper 60s on 10-14.

[Pajsa18]

Is anyone else getting tripped up by vague questions concerning conversion? There is a conversion in torts and a conversion in criminal law, both are pretty easy to understand.

I just missed a question (and I've had others like this one) that had three answers discussing elements of the criminal conversion, so I selected the answer for the torts conversion and got it wrong. The way some of these questions are worded, I'm unsure of which "conversion" the question is referring to.

Is anyone else having this problem, and if so, do you have any advice on how to decipher which one they are talking about - torts or criminal?

[Lawworld19]

My mixed set # 14 was the hardest yet. Don't even want to say my score.

[RareExports]

Is anyone else getting tripped up by vague questions concerning conversion? There is a conversion in torts and a conversion in criminal law, both are pretty easy to understand.

I just missed a question (and I've had others like this one) that had three answers discussing elements of the criminal conversion, so I selected the answer for the torts conversion and got it wrong. The way some of these questions are worded, I'm unsure of which "conversion" the question is referring to.

Is anyone else having this problem, and if so, do you have any advice on how to decipher which one they are talking about - torts or criminal?

There is no criminal conversion. Conversion is an element of theft crimes, however. For terms which actually could be used in either torts or criminal law (e.g. assault, battery), the question will tell you which legal system to apply. It may do so directly or it may do so indirectly by mentioning that a person is suing another person (civil) or a prosecutor is bringing charges (criminal).

[Pajsa18]

Is anyone else getting tripped up by vague questions concerning conversion? There is a conversion in torts and a conversion in criminal law, both are pretty easy to understand.

I just missed a question (and I've had others like this one) that had three answers discussing elements of the criminal conversion, so I selected the answer for the torts conversion and got it wrong. The way some of these questions are worded, I'm unsure of which "conversion" the question is referring to.

Is anyone else having this problem, and if so, do you have any advice on how to decipher which one they are talking about - torts or criminal?

There is no criminal conversion. Conversion is an element of theft crimes, however. For terms which actually could be used in either torts or criminal law (e.g. assault, battery), the question will tell you which legal system to apply. It may do so directly or it may do so indirectly by mentioning that a person is suing another person (civil) or a prosecutor is bringing charges (criminal).

THANK YOU!!

[White Dwarf]

Definitely think the mixed MBE sets are getting harder. There are always several questions per set that touch on issues I've never seen before (especially in Con Law and RP). I'm 2000+ questions in, this shouldn't be happening.

The question breakdown (ie. % covering each topic within the subject) is not even close to what was discussed in the MBE Workshop vids (the ones with Lisa Tucker). There's a lot more obscure stuff than the main areas the videos tell you to focus on.

I don't know if that's because the videos are wrong, or if it's intentional to make us more prepared...

[CBlaw]

My mixed set # 14 was the hardest yet. Don't even want to say my score.

I def think these question sets are diff for everyone. set #14 was my highest score yet and you seemed to always be getting more correct than me.

[ubebarstudying]

Definitely think the mixed MBE sets are getting harder. There are always several questions per set that touch on issues I've never seen before (especially in Con Law and RP). I'm 2000+ questions in, this shouldn't be happening.

The question breakdown (ie. % covering each topic within the subject) is not even close to what was discussed in the MBE Workshop vids (the ones with Lisa Tucker). There's a lot more obscure stuff than the main areas the videos tell you to focus on.

I don't know if that's because the videos are wrong, or if it's intentional to make us more prepared...

Take a breath, and go with the mindset that it is to make you more prepared. Some question sets are just simply more difficult than others, and it also depends on what your own strengths are. I also agree/remember thinking that mixed sets were not the same for everyone, unlike the topic by topic sets.

[Lawworld19]

My mixed set # 14 was the hardest yet. Don't even want to say my score.

I def think these question sets are diff for everyone. set #14 was my highest score yet and you seemed to always be getting more correct than me.

Was it a 34 question set?

[CBlaw]

My mixed set # 14 was the hardest yet. Don't even want to say my score.

I def think these question sets are diff for everyone. set #14 was my highest score yet and you seemed to always be getting more correct than me.

Was it a 34 question set?

yea the second one of the 34 question set.

[thisyearsgirl]

Oof, just took the free NCBE questions and got 13/21. I'm glad everyone else found it rough too b/c boy, it was rough.....

[ee215909]

I am feeling so burned out... Like I am reading these essays and not getting what is being asked. I am no freaked out that I have forgotten everything or am regressing. Anyone else feel like their ability is less than it was 2 weeks ago?

[Lawworld19]

Oof, just took the free NCBE questions and got 13/21. I'm glad everyone else found it rough too b/c boy, it was rough.....

Everyone on here got a 12-14 out of 21 besides a few outliers it seems. What would you all say is the "average scaled mbe score" for themis takers. 138-142 maybe?

[Lawworld19]

I am feeling so burned out... Like I am reading these essays and not getting what is being asked. I am no freaked out that I have forgotten everything or am regressing. Anyone else feel like their ability is less than it was 2 weeks ago?

Yea, just burnt and bored to be honest with you. Trying to do active studying thru problems etc because I just don't have the attention span to sit with outlines right now. I wish I did.

[abogado2018]

Oof, just took the free NCBE questions and got 13/21. I'm glad everyone else found it rough too b/c boy, it was rough.....

Everyone on here got a 12-14 out of 21 besides a few outliers it seems. What would you all say is the "average scaled mbe score" for themis takers. 138-142 maybe?

Higher. Maybe CA is a unrepresentative sample but the overall Themis first time pass rate for CA was 77%. The score you need to pass in CA is 144. So it's gotta be higher than 138-142, at least for CA.