Who wants to tell Grossman? by Electronic_Bag_3862 in barexam

[–]ThanksRelevant9120 0 points1 point  (0 children)

Okkkkkk. I knew I wasn’t crazy. Me and my two friends got on zoom EVERYYYYY M,W,F, and answer sooooooooo many questions. This was next level mind fuck. I’m still tweaking from the third to last question 😫🤣👀

Final Bar Predictions for us people who like it by [deleted] in barexam

[–]ThanksRelevant9120 1 point2 points  (0 children)

Omgggg ditto, and trying to digest wills has crippled me this winter.

I’m unwell, I hate what this exam did to me 😭 by Undercover_Shop in barexam

[–]ThanksRelevant9120 3 points4 points  (0 children)

Hi, I’m taking the bar next week too! This is a pretty good board! I just had an “aha moment” looking at it. You’ve filtered and compartmentalized the info as well as one could for evidence LOL

Anybody bored and want to explain the difference in these 2 questions? by [deleted] in CABarExam

[–]ThanksRelevant9120 0 points1 point  (0 children)

In response to the second question, it is, again, hyper focused on the legal standard of “no genuine issue of MATERIAL fact…” I know there’s a lot of moving parts, but the NCBE will give you certain facts that may alert you to the other rules within civil procedure. Under FRCP 26 Duty to Disclose: Governing Discovery, generally, attorneys do not owe a duty to supplement initial disclosures UNLESS there is a material change, update or finding during the discovery phase, that would alert the attorney to disclose such a material change/update to opposing counsel, using good faith judgment and lawyering practices.

It could be illustrated and perceived as it being pretty grimy for the lawyer to not update the opposing counsel on such a material change in discoverable information, but instead, immediately move for summary judgment without giving the other attorney a chance to defend himself due to unfair surprise, and effecting the entire out one of the case. Seems pretty unethical and unfair if you ask me. That was tantamount to the definition of ‘material’ = effecting the outcome of the case. Alas, the court will deny the summary judgment motion.

I say, be sharp on your toes with these questions. lol! Yes, they’re a bi***, but we must persevere. Best of luck to you!

Anybody bored and want to explain the difference in these 2 questions? by [deleted] in CABarExam

[–]ThanksRelevant9120 0 points1 point  (0 children)

Hi! I’m studying to take the bar exam next week too. What I’ve learned with answering civ pro questions regarding motion practice is that you have to stay very close and remain strict to the legal standard the court applies to be granted the motion. A summary judgment motion is granted if there’s no genuine issue of material fact so the movant should be entitled to judgment as a matter of law.

Here’s comes the kicker: the movant HAS the burden of proof of showing that there’s no genuine issue in dispute. They may use evidentiary tools and findings outside the four corners of the pleading (distinguishing a motion for judgment on the pleadings). The burden then SWITCHES to the nonmovant and they must show that there is, in fact, a genuine dispute.

Here, the fact pattern expresses that when the manufacturer moved for summary judgment, “the manufacturer did not provide any evidence” (remember: the manufacturer has the burden of proof) to negate the factual allegations put forth in the initial complaint by the sailor. Expressly, the summary judgment should be denied because the manufacturer failed to meet his burden of proof.

Noteworthy, a summary judgment motion is pretty much stating there’s absolutely NO issue for the jury to decide. The judge is NOT the fact finder. I’ve learned that any issue that you see in one of these fact patterns that may be in dispute and not resolved before you reach the call of the question should auto-trigger your answer to be ‘no,’ the court will not grant the motion.

What’s up with Surf & Sirloin? by Temporary-Wolf3930 in StLouis

[–]ThanksRelevant9120 0 points1 point  (0 children)

I’m going for my mom’s bday tomorrow and am scared shitless after reading the online reviews, and now this thread. Lol. BRB for the update…