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Author Topic: Memoirs of a Bar Examinee  (Read 88647 times)

Tony Montana

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Re: Memoirs of a Bar Examinee
« Reply #110 on: May 22, 2007, 12:13:15 PM »
The Avatar already established that B is tca.

Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder.  But he did intend to shoot Belle, so I'm ruling out D too.  So I guess the question is how serious was the arm shooting.  Pretty serious, obviously, and the question asks for the most serious crime, so I'm going to say B.  Alternatively, D.  Then C.  Then A. 


ETA: Now that I think about it, I've never heard of B, so I bet it's D, since that might involve not having the mens rea for murder, yet negligently/recklessly inflicting bodily injury that could lead to death.  So I change my mind and say D.

Oh, you jedi mind tricked yourself out of the right answer.  Use the force, luke.  It is strong with you.  The answer was B.

But oh wait!  The insurance scheme.  I forgot about that.  Hmmmm.  That seems too obvious though.  I bet there's some rule about it being a serious felony, which this is not.  I'm sticking with D.

They say that this is a "classic" MBE question that is designed to set you up for Felony-Murder since they commit this act of murder during the commission of a felony.  However, the "trick" is that the felony in question here, the false insurance report, is not malum in se. It's merely malum prohibitum so it doesn't trigger felony-murder like robbery or rape or arson would.

According to the bar examiners, there are 4 types of murder:

1. good old fashioned intentional killing with premeditation or deliberation (aka - malice aforethought)
2. intent to inflict serious bodily injury murder
3. felony-murder
4. depraved heart (aka reckless killing) murder


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Re: Memoirs of a Bar Examinee
« Reply #111 on: May 22, 2007, 12:48:09 PM »
But it also looks like he deleted that post to allow people to guess :p

Tony Montana

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Re: Memoirs of a Bar Examinee
« Reply #112 on: May 22, 2007, 12:54:08 PM »
But it also looks like he deleted that post to allow people to guess :p

How could he have deleted it when I just copied that post from page 8 of this thread ???  You really need to get your sh!t together, son.
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Re: Memoirs of a Bar Examinee
« Reply #113 on: May 22, 2007, 12:59:54 PM »
Right, obviously I missed that when looking back.

Any reason you have to be a cuntface instead of just saying so? Need to overcompensate for something perhaps?

Tony Montana

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Re: Memoirs of a Bar Examinee
« Reply #114 on: May 22, 2007, 01:05:57 PM »
Lol @ "cuntface."  Just busting your chops.  Although, it's good practice to do a little research before making assertions... It prevents people from being a "cuntface" :D to you.
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Re: Memoirs of a Bar Examinee
« Reply #115 on: May 22, 2007, 01:07:25 PM »
Cuntface is a good word! I did do research, for the same reason as you probably, it seemed a bit weird to answer a question after the answer had been given :p And obviously, like Sparkz I missed that part ;)

Tony Montana

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Re: Memoirs of a Bar Examinee
« Reply #116 on: May 22, 2007, 01:13:40 PM »
Obviously, my Norwegian brethren, obviously  ;)
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smujd2007

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Re: Memoirs of a Bar Examinee
« Reply #117 on: May 22, 2007, 05:29:31 PM »
I started what is called the "general bar review" course today . . . BarBri.

It was a room of at least 250-300 people, listening to a guy talk about evidence at a podium for 3 hours while filling in the blanks.

It seemed like it was too easy.  Maybe it was because I did the PMBR in evidence last week.  Who knows? I'll update my opinion later on in the week, when we get to Contracts.  Or, Oil and Gas next week.

At any rate, I do know that doing that IS NOT enough work to pass the bar.  I also don't feel like the BarBri study schedule is enough either.

Sands, what do you think?  :-\
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Re: Memoirs of a Bar Examinee
« Reply #118 on: May 22, 2007, 05:36:32 PM »
What are the downsides to getting the iPod?

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #119 on: May 22, 2007, 06:08:22 PM »
I started what is called the "general bar review" course today . . . BarBri.

It was a room of at least 250-300 people, listening to a guy talk about evidence at a podium for 3 hours while filling in the blanks.

It seemed like it was too easy.  Maybe it was because I did the PMBR in evidence last week.  Who knows? I'll update my opinion later on in the week, when we get to Contracts.  Or, Oil and Gas next week.

At any rate, I do know that doing that IS NOT enough work to pass the bar.  I also don't feel like the BarBri study schedule is enough either.

Sands, what do you think?  :-\


Day 2 of BarBri today.  Crim Pro. Yesterday was Crim Law.

Fortunately I had a kick-ass former SCOTUS Clerk as a professor for Crim Pro so there was nothing that I heard today that was news.  We didn't do the fill in the blanks joint, but I know what you are talking about b/c we did that in BarBri "Early Start" back in February for those few weekends here or there.

What do I think so far?  I think you're right. I think that BarBri capitalizes on the fear of graduating 3L's who need to pass the bar just like Kaplan does pre-laws who are trying to take the LSAT.  They know that you need to prepare, and they know they have the market cornered.  If all you did was BarBri and nothing else, I'm 99.9999999% convinced that you would fail the bar.  And I'm saying this as a BarBri rep for my school.  They are more concerened with getting your money and having you sit through some cookie cutter video tape lecture than they are with making sure you actually pass the bar.

The cat from PMBR I felt was actually giving us real talk about the bar exam. Plus, PMBR's speciatly is, of course, the MBE.  That's what they do.  BarBri covers the MBE for 3 days in July.  If you are seeing MBE questions for the first time in July, then you should be a little concerned.

Having said all of that, I thought the Prof. Whitebread BarBri lectures for Crim both yesterday and today were good.  He went over what you need to know for the bar in terms of Crim law essays and crim pro essays and that's about it.  He mentioned a few topics that are frequently tested on the MBE, but in true BarBri fashion, did not show us the actual test questions.  Which, as you guys have seen in this thread alone, are the type of thing that you need to be familiar with from practice/first hand experience.

Even with the MPRE that we took way back, I thought that BarBri's stuff was superficial.  The lecture extremely glossed over the MPRE stuff and I didn't learn anything from it.  I had to actually do the questions on my own.  Which is ultimately what you have to do anyway.

I think its easy for law students to get lulled into this false sense of security that "if you just go to BarBri then you'll be ok." Which is not true.  You need to put in the work on your own; the irony of which makes you wonder why you need any of these bar prep courses in the first place if it all boils down to doing work on your own anyway at the end of the day... :P  Such is life.

Theoretically speaking, all you needed to do for the LSAT was sit down with some test questions and go over them ad nauseum until they sunk in.  I guess it always helps to have somebody point you in the right direction every now and again along with your personal studies - thus Kaplan, Princeton Review, BarBri, etc.

Just my 2 cents on BarBri.



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