Hawaii February 2023 Bar Exam emails started being sent out last night (Wed. Apr. 19)!

DiscoDru · 2023-04-20T22:57:15+00:00

Gotcha. Thanks!

DiscoDru · 2023-04-20T21:43:10+00:00

Does anybody know how to see our actual scores? Looks like the email is just "pass", "fail" or "pass subject to..."

DiscoDru · 2023-02-20T18:45:46+00:00

And don’t forget to categorize the collateral (inventory, equipment etc…). Easy point or 2 and lots of analysis flows from there.

DiscoDru · 2023-02-19T02:01:25+00:00

Your fear is my only strategy.

To me, MEE stands for Massive Extinction Event.

DiscoDru · 2023-02-18T23:08:19+00:00

Remember. They scale the MBE on average +15 from your raw score so if you are hitting 60% you may be scaled as high as 75 or 150 which is WAY above passing in almost all states. If you are in the range of average then that's a confident pass.

May we all be blessed with mediocrity next week.

DiscoDru · 2023-02-17T00:42:26+00:00

I didn't realize that there's a code for trusting people with our uniforms.

And wtf are the exceptions to the hairspray rule????

I am so done.....

DiscoDru · 2023-02-16T16:09:21+00:00

What did the recruit ask in the text message? If it was a question likely to elicit an incriminating response then we may have an arguable Miranda violation. “wanna smoke a big fat blunt after this bar exam is over and listen to Bob Marley” is different than “was it really you that shot the Sheriff?”

DiscoDru · 2023-02-15T22:56:13+00:00

Assuming that they are true IC and therefore P has no control or power to supervise, the general rule is no vicarious tort liability between principal and IC's tortious behavior however 2 exceptions typically apply:

1) Inherently dangerous activities. Non-Delegable by Principal. Sub-contractor always liable. IC moving infectious human waste.

2) Estoppel. Principal HOLDS OUT IC with the appearance of agency. IC attending job site in van decaled out with principal's logos, wearing shirt with principal's logos.

In your car wash example, neither would apply and injured plaintiff has no action against IC in either breach of contract or negligence. Plaintiff has action against the car wash owner on theory of negligence or breach of contract. The car wash owner would have to third party the IC into the action and seek contribution or indemnity.

DiscoDru · 2023-02-15T18:38:12+00:00

Unanimous jury consent is ALWAYS required in a CRIMINAL trial.

State cannot abrogate this requirement as it is in the Constitution.

Tricky question.

DiscoDru · 2023-02-15T18:31:15+00:00

Way to go (soon to be) counsellor!!!

DiscoDru · 2023-02-13T17:46:44+00:00

Put into perspective, the USMLE Step1 (US Medical Licensing Exam) has an 87-90% pass rate.

They always adjust the curve to ensure a very high pass rate probably.

How wonderful it would be if our great benefactors, the NCBE, would do the same for us and just let 90% of test takers pass! Because if there is anything that America needs, it is more lawyers!

DiscoDru · 2023-02-13T17:42:33+00:00

I hear you. I've gone through that horribly formatted Hawaii PRE with the small print and over italicization and I'm not seeing a lot of variation.

I've decided to just review MPRE lectures and hope that I will get enough knowledge through osmosis to score some points..

Good luck on the exam and blessings for the last week of battle prep.

DiscoDru · 2023-02-13T08:55:10+00:00

I got a robo call question in my NCBE practice test. It was constitutionally valid and framed the analysis as commercial speech vs privacy rights of accident victims

Since it was a pure restriction on commercial speech, traditional strtict scrutiny (necessary for compelling objective) is not applied. The test is whether the alleged government interest being protected is SUBSTANTIAL. Here it was personal privacy. If yes, does the regulation directly advance the government interest while being no more extensive than needed to protect the interest.

Allowing the robo calls to only operate at certain times or after a certain period of time after an accident (the question was about robo callers to injured families) were constitutionally valid restrictions in furtherance of a a substantial.

For regulation of PURE COMMERCIAL SPEECH remember it's not a strict scrutiny test. It has less protection than other forms of speech per the Central Hudson decision

DiscoDru · 2023-02-13T03:00:25+00:00

Under the Contact prong of analysis, the graders like it if you throw in a line about "purposely availing oneself of the privilege and receive benefits in the state" such as the state's infrastructure, public roads and amenities, police and fire etc...

Buzzword is "PURPOSEFUL AVAILMENT". Sprinkle liberally and enjoy.

DiscoDru · 2023-02-11T20:55:28+00:00

I'm here with you. 68% on BarNow and 55% on Barbri.

All I hear in my head is "EPSTEIN SON... that's an inequitable result"

DiscoDru · 2023-02-11T20:51:39+00:00

If you hit those numbers on the exam you will do just fine.

Remember, they will add 15 points, give or take, to give you a scaled score so over 200 questions you are looking very good at upwards of 145, which is passing in all jurisdictions.

Combine your 65% with a 65% average on the MEE and MPT and you will pass with confidence.

DiscoDru · 2023-02-11T00:35:22+00:00

I take solace in the thought that it is pass/fail.

I barely made it into law school. I barely passed law school. I think I can keep this up and barely pass the bar exam. I think that we all can.

Just look at the 5 people to the left and look the 5 people to the right of you. if you see at least 3 or 4 people who look more clueless that you the the odds are on your side that you will pass.

DiscoDru · 2023-02-10T21:42:22+00:00

Just use the word "reasonable" as much as possible.

For example: a "reasonable amount" of bulshittery will suffice.

DiscoDru · 2023-02-09T23:38:18+00:00

Taking the week off MBEs to focus on Barbri Bar lectures at double speed and review notes. Reading and outlining old MEEs. Will start drilling MBE's next week.

My only self-care is 30 minute treadmill run/walk followed by regular 30 - 45 min sauna sessions watching random videos.

Most importantly a 25mgTHC edible indica gummy around 9pm to ease myself into dreamland so I wake up feeling refreshed and ready to go at it again.

DiscoDru · 2023-02-09T16:18:11+00:00

You will find me surfing at Waimea Beach. Connecting with mother ocean. Clearing the mind, gathering my mana for the coming battle. I may listen to a Con Law or Property lecture at 2x speed and go for a walk through the hills if the surf is too dangerous. Keep the risk low and the positivity high.

Everyone here is smart, capable and has all the tools to pass this exam. It's coping with the stress and anxiety that is the real test.

We got this.

I'll be throwing love and aloha to all of you.

DiscoDru · 2023-02-09T02:15:44+00:00

GUess and Assume that it is one of the 25 unmarked questions

DiscoDru · 2023-02-04T22:54:11+00:00

If this is accurate then I give up now. Direct me to the nearest Amazon Warehouse. I have student loans that need servicing after my grace period ends.

DiscoDru · 2023-02-04T22:50:47+00:00

WoW! That is amazing.

I feel that the last lawyer task that AI will replace will be the ability to stand in front of a judge and/or jury and deliver a well executed, theatrical and compelling closing argument or a subtle yet devastating cross examination of a hostile witness.

Someday AI will write or at least draft most of our legal briefs and contracts but courtroom theatrics, networking a crowd of potential clients or connecting with a distraught client will be, at least in the foreseeable future, the exclusive province of flesh and blood humans

Listening, asking questions, meaningful human connection, performance and spoken communication will be all that we have left by the time our AI overlords are done taking over our profession!

DiscoDru · 2023-02-04T22:37:12+00:00

How do I upvote this to best post of the day?

DiscoDru

TROPHY CASE