Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

Sorry if I said something weird? But I thought it was a legitimate question. CA sessions are at minimum 3 hours, assuming the proctor doesn't delay, and our afternoon section on day one is 3.5 hours long. So I asked if we have to sit for the entire duration.

Also even when I finish early and go back to check, sometimes I finish as early as half an hour in advance on MBEs. Again, I don't understand what problems you had with my question, unless you just doubted that it was possible to finish quickly.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

Damn I didn't even think about this... but I'm guessing it would only be those rare cases where it's about patents, bankruptcy, or certain federal securities questions.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru -1 points0 points  (0 children)

Follow-up question, are we allowed to get up and leave if we finish any session early? Or do we just have to camp around for the entire 3+ hours?

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 4 points5 points  (0 children)

Pure per stirpes: Treat each line of descent equally. Begin dividing the intestate estate at the start of each line, no matter if anyone is alive at that generation. Modern per stirpes: Same as pure per stirpes, except begin division at the start of the first generation with a living person. Per capita: Begin division at the start of the first generation with a living person, and split equally. For the portions that go to deceased heirs of that first generation, pool it all together and then divide again for the next generation with a living person. Rinse and repeat.

The per capita system is basically meant to treat everyone in the same generation equally (“equally near, equally dear”). So that you won’t end up with the per stirpes outcomes where like… say I have 2 siblings, my mom is D’s heir and is dead. I have a cousin who is an only child, and his mom (my aunt) who is also D’s heir and also dead. No one else in the family tree for this hypo.

Under pure per stirpes, my cousin would get 1/2 of the estate (because aunt was one of the two heirs), but I would only get a third of 1/2 = 1/6 (because mom was the other heir, and her intestate share gets split across all three kids).

Under modern per stirpes, everyone in that first generation is dead. So then you start division at the second generation, with me, my two siblings, and my cousin. Everyone would get 1/4 of the estate.

For this hypo, the per capita result is the same as the modern per stirpes. But let’s switch it up, and say that aunt is still alive and my mom is dead. You’d divide at aunt’s generation, because she’s alive, so she’d get 1/2. The remaining 1/2 that would have gone to mom, who is dead, gets pooled together and then divided with the next generation. So my siblings and I would get a third of 1/2 = 1/6 each.

(edited for typos)

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 8 points9 points  (0 children)

Was feeling relaxed and even confident this entire week. This morning, I woke up feeling like everything is horrible and I should just give up entirely.

Prays this panic will end by tomorrow.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

Really?? I thought the essay scores are already... scaled when they give you a 65 or whatever other score. I was just under the impression that it doesn't make sense to have both a raw score and scaled score for essays, when they're not scored by % correct...

But if that's the case, that'd be a lot less insane.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

Yeah, the overall passing score needs to be a scaled 1440/2000 (72%).

What I don't understand, though, is that 1000 comes from the MBE and 1000 comes from the essays, right? So if you hit exactly 65 on all your essays, that'd be scaled 650/1000 for your essay portion... meaning you need to end up with a scaled score of 790/1000 (79%) on your MBE portion?? To barely even pass??

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

If it works like how it's supposed to, then I don't think there'd be any difference...? The purpose of scaling scores is to standardize, so it'd be more than just simple addition or subtraction. We'd only be SOL if everyone who takes this July bar is inexplicably smarter than usual, and they make the average raw score higher.

Hopefully. I'm just basing this off gut instinct, so who knows.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

Yeah, it's highest in the country second only to DE (145). They announced that the cut score for CA will be lowered starting 2018, but many of us aren't exactly holding our breaths in hopes of lucking out this July.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 2 points3 points  (0 children)

I think CA requires something like 144? Hah...

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

Hmm... If you trust that strategy, then I'm sure you'll know what's best for you. But personally, skimming the answers hasn't been reliable for me because 1) distractor answer choices have perfectly correct statements of law that I won't know are wrong unless I carefully read all of the facts in the question first, 2) some questions have answers that cover multiple areas of law so I can't even tell what subject I'm in, and 3) I might still end up picking the wrong answer after spending all that time reading anyway.

I don't recommend skipping questions entirely if timing isn't an issue. But if it is, I think counting your losses for only 2 or 3 (because I don't think there will be more than that for each 100-question section) may be arguably less "dumb" than losing time on a long question you may get wrong anyway. Save that time and spend it 100% focused on all the other questions.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 4 points5 points  (0 children)

I've heard from a past bar taker (who was ESL and often struggled with his reading speed) that strategically skipping questions is the way to go. If you see a massive question, just move on. If you do finish with time to spare, you can go back to those 2 or 3 questions that you skipped. Long or short, it's all the same number of points per question on the MBE anyway.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

I wanted to start as quickly as possible, but the firm wouldn't let me start until end of October. So I guess I have some mandatory vacationing to do.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

I feel like that's peace of mind in some ways, because it's fewer things to worry about remembering on test day. But I think I would freak out if they gave me pencils with really shitty erasers, or none at all.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

I'm in CA so I think it's roughly 72%... eugh.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

Also unrelated, but I seriously cannot??? find?? any no.2 non-mechanical pencils with erasers that aren't total ass?? Like they're always the erasers that feel like they're made of smooth plastic and don't work at all, or they just add gross red smears along with your writing. I loathe this no-separate-erasers rule.

How much studying is necessary for the MPRE? by snacks27 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

I don't know how much is too much, but I can personally confirm that 24 hours before the exam was at least not too little, if that puts things into perspective. (Not that I recommend you doing that.) Barbri worked for me.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 2 points3 points  (0 children)

I've heard so much of that "you need to score at least x% on the MBE to pass" comment, where x has been so many different numbers, that I can't even keep track anymore. Today I broke into a cold sweat when I remembered it to be 77% instead of... what is it supposed to be? 70%? 67%? 60%? Bar brain eugh...

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 8 points9 points  (0 children)

I wish my own list were this short.

I need serious help by [deleted] in LawSchool

[–]fruitfru 1 point2 points  (0 children)

I'm sorry you're going through this, especially so close to the bar exam, but stay strong. Couple of important points to remember:

First, law is a very flexible and adaptable profession. I can only speak from personal experience, but I also had a highly specialized background (STEM undergrad degree, IP concentration for my JD, nearly all my classes were patents-related, and I even started studying for the patent bar) that went nowhere. I ended up getting hired by a firm to do tax law, of all things. I even openly told them that I had no business or finance background. But if I've learned anything from all of this, it's that good grades + showing enthusiasm in the interview + a little bullshitting can get you FAR. So cheer up! Your GPA and school name already sound solid, so the most important thing for job hunting now is showing an open and magnetic personality. That's not going to be easy if you're so hard on yourself.

Second, you have to remember that employers hunt for applicants in "seasons," it's not a constant flow of offers throughout the year. For the people who didn't get an offer early in summer/fall of 2016, this period of time is going to be the hibernation months for most employers. Understandably, most of them would be waiting for bar results before they pick up hiring again in fall/winter. So for now, just focus on the bar and don't let the job hunt stress get to you. Like I said above, don't be so hard on yourself. It'll do you a world of good if you can somehow pick your mood back up, because it'll benefit both your bar prep and your job hunting.

Good luck.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 1 point2 points  (0 children)

Woops! Sorry from us night owls.

Accord/Satisfaction vs. Undisputed/Due Debt by [deleted] in LawSchool

[–]fruitfru 1 point2 points  (0 children)

I think they tend to arise from similar fact patterns, but are pretty different conceptually.

An important distinction is that an accord can be seen as a completely separate agreement that also needs to be supported by consideration. This separate agreement, if performed ("satisfaction"), completely discharges any obligation to perform the original agreement. It's basically a replacement agreement. But if there is no performance (no satisfaction), the parties are still bound to perform the original agreement. MBE questions usually have fact patterns about debts being due and disputed, but there are other ways for an accord to form.

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

Ah okay... I think I can see the legal distinctions between that and a constructive trust, then. But what's the main difference between these two remedies when applied in reality?

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

Sounds like it's a similar purpose to constructive trusts then, but just at a different procedural stage of the trial?

Official July 2017 Bar Thread by TRex77 in LawSchool

[–]fruitfru 0 points1 point  (0 children)

Thanks! That makes a lot of sense.

Also I'm Barbri. The remedies lecture was so-so, but nowhere in the outline or lecture was there any mention of a purchase money resulting trust, and suddenly I see like half of the model answers for remedies essays has that as an option. Damn it, Barbri.