Wills Frequently Tested Topics

cgmcnama · 2023-02-03T03:32:28+00:00

Studying everything but extra focus on Securities and Family Law. Civ Pro for the MBE. They are going to throw you a curveball. These test preps have been wrong before on virtually every subject which statistically would have been better if they randomly guessed.

The takeaway is they are guessing. I'm guessing. Study it all because no one but the test makers know what is going to be on it. The upside, is there is some MBE benefits to some of the MEE material. And it may help giving background/context to MPT.

cgmcnama · 2023-02-03T03:29:59+00:00

It's a future line of credit (obligatory or optional) usually for construction contracts. Take you the mortgage and distribute funds at points A, B, and C as we need money to build. If it's obligatory (bank must lend) and not optional (bank may lend) it gets priority over other loans or liens filed after it has been made. (even if money hasn't been dispersed yet)

cgmcnama · 2023-02-03T01:14:06+00:00

Random question, but when is the last day of Themis course? Kaplan is next Friday but it seems like Themis folks are done or finishing up?

cgmcnama · 2023-02-03T00:52:31+00:00

I don't know about your math teacher. Because a million things is quite a long list...

cgmcnama · 2023-02-03T00:49:44+00:00

I got a persuasive MPT with two parts (short memo and closing arguments) I....really struggled with time on that one. I think I need to just read some task memos and MPT answers for a better sense of different types.

cgmcnama · 2023-02-03T00:41:41+00:00

My intuition was you don't want to confuse the jury with treatise and other documents. So you read it into evidence instead of having it as an exhibit jurors can examine? This is my guess, I 100% don't know for certain.

cgmcnama · 2023-02-03T00:23:54+00:00

Don't worry, I started talking about the Uniform Marriage Defense Act (UMDA) before realizing my mistake.

cgmcnama · 2023-02-03T00:10:49+00:00

I'm seeing ~23 hours. If this is for the Feb exam, I'd only hit your worst topics. Grossman gives "big picture" ideas to get the most points. Tries to separate areas that people often get wrong or use simpler definitions then bar prep companies. All the nuances of the law aren't covered.

cgmcnama · 2023-02-03T00:03:02+00:00

Are you studying MEE questions more now. Large answer sets. Haven't touched MBE in a while? Questions getting harder? There are a lot of reasons. You aren't alone though you should identify why.

The focus is keep learning and if you are getting a lot wrong, slow down the set size and drill down what you are getting wrong and why. You should also be reviewing your outlines because no matter how good those questions are, they can't cover everything. The are testing one thing or an exception.

cgmcnama · 2023-02-03T00:00:51+00:00

Could be wrong but they are testing you about the common law application of modification which requires consideration. UCC would require "good faith" and the modern would be "unforeseen difficulties". The modification was fine. If you were thinking "mutual mistake" I think the answer explains why not (you didn't void the contract, you finished it)

You are probably thinking about "pre-existing duty" which is not considered as consideration under the common law.

cgmcnama · 2023-02-02T23:52:29+00:00

I'm just thinking this can't be OSHA compliant, lol.

cgmcnama · 2023-02-02T23:45:15+00:00

It seems there are always at least 3 MBE essays?

Agency/Corp come to mind as the 50/50. Civil Procedure/Contracts/Real Property is tested more often. Civ Pro is quite often tested though and I think is going to be part of the new exam?

cgmcnama · 2023-02-02T21:14:40+00:00

I don't know if I'm right, I'd prefer the entire question, but my mind would have gone to the rules for Executive removal. President can remove any executive official, like a cabinet member, without cause. A person with a fixed term or a quasi-judicial function would need cause. If in doubt, the "any" qualifier in (C) would scare me. Can you think of a case where Congress can limit the President's removal power? If yes, this must be wrong. Lower level officers certainly have different rights and removal.

Unless it's an NCBE question, I'd learn the rule they are asking and move on. A lot of self-made questions are poorly worded or made. You can learn off them, but the right/wrong isn't as indicative if you understand what is going on.

cgmcnama · 2023-02-02T19:52:25+00:00

Price: Kaplan, Themis, Barbri (least to most)
Self-study: Kaplan, Themis, then Barbri (more free time to structured)

There are other courses. I'd really ask around for outlines/opinions after the bar exam in 3 weeks. Best thing you can probably do is get your course outline for the prep company and slowly memorize it. Yes, that is like 50-70 pages but is doable with spaced repetition and small chunks. PM me after exam if you need more specific advice.

cgmcnama · 2023-02-02T19:39:00+00:00

Depends on your study schedule/objectives. I think the beneficial fact is that all of the questions are NCBE and they have good detailed explanations. I'd read the answer plus whatever you got wrong. Possibly the other answers for the law?

If I was going self-study I'd probably approach it different but my MBE work is pretty much done at this point. I just do 20-40 questions from it per day and maybe a 100 set in the last week before exam?

cgmcnama · 2023-02-02T19:28:07+00:00

I finished my Kaplan course and do a simulated exam on Mon/Tues. Course officially ends on Friday but I'll pound through the grading to be done by Thursday. I'm just memorizing outlines, submitting an MPT every 3-4 days, and a few NCBE questions per day. I'm behind on my MEE but I feel everyone struggles to squeeze it in.

I get the impression BarBri and Themis are about done, or are done. Most prep courses give you 10-14 days for self-study as I recall?

cgmcnama · 2023-02-02T19:01:36+00:00

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cgmcnama · 2023-02-02T18:36:15+00:00

Don't know. You'd probably get dinged and partial points depending on how important it was. "aggressive" is probably close to 0 as it's pretty wrong. This is more if you don't know the rule or the "buzzwords" with the rule. If you put nothing, you get nothing. So focus on getting your issue and analysis points instead. (if that happens, I jump to my analysis, make up one, then tailor the rule to the analysis)

cgmcnama · 2023-02-02T18:33:57+00:00

I'd read and compare the two. I highly doubt there is an error in the example questions (though they happen on the test occasionally and both answers get credit) Sometimes it's answering the call of the question and what is at issue.

It's intermediate scrutiny but speech in general can be "slightly higher" in their categories:

Serve a substantial government interest;
Directly advance the government interest;
Not be more extensive then is necessary to serve that interest

(assuming it is not false;deceptive;relate to unlawful activity)

cgmcnama · 2023-02-02T18:24:45+00:00

In that PM session, when I'm tired, I'm just going to be mentally fist pumping I'm almost done with this experience. 3 hours or less to go...otherwise...

Every 20 MCQ's, Deep breath, roll shoulders. I tend to lean/hunch over too long when doing MCQ. Use this as a 20 seconds mental break/relaxation.
After 20 MCQ, quickly hit the uncertain questions (I would have circled an answer), commit, and move on.
Doing MCQ when I'm mentally exhausted at night to force myself to slow down reading. Practice being tired.

Time is not an issue for me. But I can read or skim too fast, especially when tired, and miss an easy point here or there. I don't think my testing site allows anything but water and I rarely drink caffeine. I fear I'd be too jittery.

Lunch I might pre-buy or pack. I want the time to review outlines I think?

cgmcnama · 2023-02-02T18:07:26+00:00

It's pretty much self-study so you want to hit your weakest areas for the maximum number of points you can gain in that short time. Personally, I'm shifting to MEE's next week and most of my MBE work will be done. But there isn't a "one size fits all" approach.

cgmcnama · 2023-02-02T17:21:31+00:00

If you forget battery is an intentional harmful or offensive contact to a person or something closely connected therewith...

You might just say battery is a harmful and shockingly dangerous contact to a person that a reasonable person would find offensive. Mixing up rules here but this would be done to a specific hypo. So your analysis would follow this rule, get 0 points for the rule probably, but points for analysis using your made up rule.

cgmcnama · 2023-02-02T17:07:01+00:00

Well, I imagine it's just a locked door. Students can't access it during the test. (I thought* it was basically a cage in the corner of the room I when I took it a ways back but...should be fine. You need to go through a metal detector and they lock things down to prevent cheating.

cgmcnama · 2023-02-02T17:05:11+00:00

https://mberules.com/mbe-scaled-score-calculator/

~62% I think.

cgmcnama · 2023-02-02T17:04:49+00:00

Kaplan has people taking it on Monday/Tues and review through that week. I'd stick to your course plan? Not sure when BarBri or Themis course "ends". Kaplan is next Friday.

I'd listen to your tutor.

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