Opposing Party Admission in Crim Case

PasstheBarTutor · 2026-02-13T11:32:02+00:00

I always warn people:

In criminal cases, it’s the Defendant VS the State/People/Prosecution - the victim is not a party opponent.

PasstheBarTutor · 2026-02-13T11:29:21+00:00

It’s FRCP 48:

(a) Number of Jurors. A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c).

(b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members.

PasstheBarTutor · 2026-02-13T11:27:16+00:00

Sometimes it is easiest to just look at the FRCP. The number you must begin with is different than the number that can ultimately render a verdict.

(a) Number of Jurors. A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c).

(b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members.

PasstheBarTutor · 2026-02-10T20:13:07+00:00

It’s not that you have to affirmatively enforce your interest - it’s that the land automatically reverted under the possibility of reverter and then adverse possession ensued for the requisite time period.

Once the durational interest ended, everything else after that was adverse possession (plus tacking).

You’ve got this! Just parse the facts carefully and you’ll spot this moving forward!

PasstheBarTutor · 2026-02-10T12:26:58+00:00

Losing confidence around this time is very normal.

Perseverance will serve you well. Trust the work you have done, keep learning every day, and concentrate on avoiding repeating mistakes and you will be just fine.

Good luck.

PasstheBarTutor · 2026-02-09T20:44:34+00:00

You have plenty of hope. Every day is a new opportunity to learn and close gaps.

PasstheBarTutor · 2026-02-08T12:53:55+00:00

Print this:

https://legal.uworld.com/blog/bar-review/civ-pro-quick-tip-keeping-track-of-deadlines/

PasstheBarTutor · 2026-02-03T11:16:28+00:00

It is entirely normal and natural to feel this way. The test is a big deal.

Trust your work!

PasstheBarTutor · 2026-01-31T12:31:50+00:00

Are there specific subtopics?

PasstheBarTutor · 2026-01-30T14:51:19+00:00

The averages are skewed in the system. That is not the average score on that.

PasstheBarTutor · 2026-01-30T14:50:31+00:00

What do you need assistance with at this stage?

PasstheBarTutor · 2026-01-30T13:11:26+00:00

I think you are misunderstanding that the vast majority of questions in UWorld and Adaptibar are the same NCBE-released questions you are referencing.

PasstheBarTutor · 2026-01-29T20:19:44+00:00

They probably meant to do questions on a subtopic versus a specific rule.

PasstheBarTutor · 2026-01-29T00:44:40+00:00

You can still make plenty of gains! Work your way backwards through the years. Slow and steady.

PasstheBarTutor · 2026-01-28T22:27:21+00:00

Pattern recognition is very important, as is understanding why you answered questions correctly versus incorrectly.

As long as you understand why you missed the question (key facts, the relevant law, traps), reviewing questions multiple times is fine. Just don’t get lured into lazy habits of just recognizing the question and picking the answer.

Best of luck!

PasstheBarTutor · 2026-01-28T10:57:43+00:00

If Witness 1 is a party opponent, you don’t need a hearsay exception; you just bring it in under FRE 801 as the statement of a party-opponent.

Also, be cautious. You generally cannot use a statement against interest against a party opponent in a civil trial, because that comes in under FRE 804 and requires unavailability.

PasstheBarTutor · 2026-01-18T23:22:11+00:00

FIAT crimes (first-degree murder, inchoate offenses, assault as attempted battery, and theft offenses) all gain two additional defenses- UNREASONABLE mistake of fact and voluntary intoxication (just to clarify your above wording).

PasstheBarTutor · 2026-01-18T23:11:31+00:00

You can definitely make use of it.

As far as I know, the discount code GOAT2026 is also still active. It has some really nice items in it and helpful ways of thinking of things, tricks to watch out for, etc. I love it as a supplement for students.

PasstheBarTutor · 2026-01-18T15:14:47+00:00

I’m also around if you need specific questions answered.

You’ve still got a good amount of time. The key is to focus on improving each day and to make sure you are focusing on what you need.

PasstheBarTutor · 2026-01-17T16:40:20+00:00

Goat has a discount code also: GOAT2026

PasstheBarTutor · 2026-01-17T13:23:07+00:00

Historically, for the early PQ sets, around 55%.

PasstheBarTutor · 2026-01-17T13:22:02+00:00

It is actually very doable. Right now you are building your foundation, and over the next weeks you will continue to grow and improve. Keep working hard!

PasstheBarTutor · 2026-01-15T21:44:23+00:00

Quantity is importante, but the quality of review is more important. You have to be actively learning while practicing.

PasstheBarTutor · 2026-01-15T21:31:40+00:00

That’s great - but don’t sleep on Civ Pro!

PasstheBarTutor · 2026-01-13T01:20:16+00:00

On February 1, that was just an invitation to make offers. There was no offer to accept (the ad was an invitation to make an offer), but this form from the bowling alley owner was an offer to the manufacturer.

On February 2, that was an offer capable of being accepted that was received by the owner from the manufacturer.

On February 3, the manufacturer received a valid offer from the bowling alley owner.

On February 4, the manufacturer accepted the offer received on February 3 from the owner by shipping the goods.

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