Welcome back to the Bar Exam Toolbox podcast! In today's episode, we share tips for what a solid personalized study schedule would look like, and have suggestions for how to stay on track with your schedule once you've put it together. In this episode, we discuss: Choosing between a commercial bar course study schedule and building your own What materials and tasks should be on an ideal schedule? How many hours does bar prep generally take? How to structure your study time around other responsib...
Dec 06, 2021•34 min•Season 2Ep. 155
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment. In this episode, we discuss: A brief review of the Fourth, Fifth, and Sixth Amendments The exclusionary rule and its related exceptions Statements made after a suspect has been given Miranda warnings Going through a hypo from the February 2018 California bar exam Resources: “Listen and Lea...
Nov 29, 2021•19 min•Season 2Ep. 154
Welcome back to the Bar Exam Toolbox podcast! Today's episode is the second part of our discussion of joinder. In particular, we look at intervention, impleader (or third-party action), and class actions. We previously covered permissive and required joinder in episode 145 . In this episode, we discuss: The five types of joinder Intervention as a right and permissive intervention When impleader (or third-party action) comes up What is a class action? Examples illustrating the different types of ...
Nov 15, 2021•19 min•Season 2Ep. 153
Welcome back to the Bar Exam Toolbox podcast! Last week we discussed the emotional fallout from a bar exam failure , and today, we're moving on to navigating the practical steps of retaking the exam. In this episode, we discuss: The most common reasons people fail the bar Analyzing why you failed and what you have to work on to succeed the next time Exploring different study methods When to start studying and how much study time to set aside Thinking about whether you might need accommodations o...
Nov 08, 2021•35 min•Season 2Ep. 152
Welcome back to the Bar Exam Toolbox podcast! Today, we're chatting about the emotional challenges of a bar exam failure. We walk you through the first few days of frustration to finding the motivation to start studying again. In this episode, we discuss: Tips for processing bar exam failure so you can move on Knowing what your coping mechanisms are Getting ongoing emotional support Battling imposter syndrome and a defeatist mindset Deciding what your next step is Finding the motivation to start...
Nov 01, 2021•34 min•Season 2Ep. 151
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about how corporations are formed, what happens when formation isn’t completed, and the details of pre-formation contract liability. In this episode, we discuss: How is a corporation properly formed? Characteristics of de facto, de jure, and corporations by estoppel Analyzing two hypos, from the February 2013 and February 2005 California bar exams The Revised Model Business Corporation Act Promoter liability in pre-incorpo...
Oct 25, 2021•16 min•Season 2Ep. 150
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants. Both are subtopics of Negligence under Tort Law. In this episode, we discuss: A general review of negligence and duty The duty landlords owe to tenants with respect to maintenance and latent defects The duty landlords owe to tenants to keep them safe from the criminal acts of thi...
Oct 18, 2021•25 min•Season 2Ep. 149
Welcome back to the Bar Exam Toolbox podcast! As part of our "Listen and Learn" series, today we're focusing on one of the newest additions to the MBE portion of the bar exam: Civil Procedure. In particular, we take a look at claim preclusion and issue preclusion, also known as res judicata and collateral estoppel. In this episode, we discuss: A review of the categories of Civil Procedure questions on the bar exam The rule and elements of claim preclusion (or res judicata) The rule and elements ...
Oct 11, 2021•13 min•Season 2Ep. 148
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law. In this episode, we discuss: Brushing up on the subjects of negligence and duty The standards of care to which children are held What happens if a child is engaged in an adult activity? Duties that professionals owe to their clients/patients The special rule for psychologists and psychotherapists The...
Oct 04, 2021•16 min•Season 2Ep. 147
Welcome back to the Bar Exam Toolbox podcast! In today's installment of our "Listen and Learn" series, we're focusing on Real Property. In particular, we're diving into the tricky subtopic of mortgages and priorities. In this episode, we discuss: What is a promissory note? Mortgages and purchase money mortgages What is a deed of trust? How the money from a foreclosure is distributed The recording process in different jurisdictions Tackling two mortgages hypos, from the February 2014 and July 200...
Sep 20, 2021•13 min•Season 2Ep. 146
Welcome back to the Bar Exam Toolbox podcast! Today in our "Listen and Learn" series, we're dealing with another topic from civil procedure. In particular, we discuss two of the five types of joinder -- permissive and required joinder. In this episode, we discuss: A review of subject matter jurisdiction The five types of joinder When does someone have permission to become a party to a lawsuit? When is someone required to be added to a lawsuit? Analyzing hypos involving permissive and required jo...
Aug 30, 2021•19 min•Season 2Ep. 145
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on the bar exam. In this episode, we discuss: The elements of adverse possession Issues affecting the statutory period analysis The case of Howard v. Kunto Analyzing two hypos involving adverse possession Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-...
Aug 16, 2021•17 min•Season 2Ep. 144
Welcome back to the Bar Exam Toolbox podcast! Today, we discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which all involve someone speaking or writing about him or herself. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132. In this episode, we discuss: A review of the definition of hearsay Statement against interest exception Statement made for medical...
Aug 09, 2021•16 min•Season 2Ep. 143
Welcome back to the Bar Exam Toolbox podcast! Today, we're sharing some of the worst bar exam advice we've heard over the years, and what we think you should do instead to prepare for the exam. In this episode, we discuss: Bad Bar Exam Advice 101 Memorization techniques and learning styles How much law do you have to know for the bar? How we think you should approach studying for the exam Preparing for the performance test Resources: Writing of the Week (WOW) Bar Essay Workshop (https://barexamt...
Aug 02, 2021•36 min•Season 2Ep. 142
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing when the Fourth Amendment to the United States Constitution applies, and how to determine if an unlawful search has occurred. In this episode, we discuss: The rules governing searches and seizures How to determine if an individual's Fourth Amendment rights have been violated How a government agent can conduct a search Analyzing two hypos from previous California bar exams Resources: “Listen an...
Jul 19, 2021•21 min•Season 2Ep. 141
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we tackle the topic of regulatory takings, which is often tested in crossover essay questions that cover both Property and Constitutional Law issues. In this episode, we discuss: What constitutes a "taking"? Possessory and regulatory takings Distinguishing between the two types of regulatory takings The Lucas v. South Carolina Coastal Council case The three Penn Central factors, derived from the ...
Jul 12, 2021•18 min•Season 2Ep. 140
Welcome back to the Bar Exam Toolbox podcast! Today, we have ex-BigLaw recruiter Sadie Jones with us to talk about common career-related issues to think about while deciding when and where to sit for the bar exam. We also look at the best way to approach your employer in each of these scenarios. In this episode, we discuss: How do employers generally think about the bar exam? Deciding where you should take the exam Is it better to have the transferable UBE score? What if you have concerns upfron...
Jun 28, 2021•32 min•Season 2Ep. 139
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two more hearsay exceptions -- prior testimony and past recollection recorded. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132. In this episode, we discuss: A review of the definition of hearsay When is a declarant deemed unavailable as a witness? The rules for the prior testimony exception and the past recollection recorded exception Questions involving multiple hearsay Going through tw...
Jun 21, 2021•14 min•Season 2Ep. 138
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues. In this episode, we discuss: Reviewing the rules of the Confrontation Clause The relationship between Confrontation Clause and hearsay questions How to determine whether a statement made to the police is testimonial in ...
Jun 14, 2021•10 min•Season 2Ep. 137
Welcome back to the Bar Exam Toolbox podcast! We're coming up on the third online bar exam, and we're continuing to get questions from students and listeners about the best way to outline when using scratch paper is not possible. Join us for this episode as we share some best practices for outlining on the remote bar exam. In this episode, we discuss: How important is it to outline your answer? Outlining on paper versus on screen Outlining for essay questions and the performance test The logisti...
Jun 07, 2021•31 min•Season 2Ep. 136
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the Commerce Clause in episode 108. In this episode, we discuss: A brief review of the Commerce Clause When the Dormant Commerce Clause comes into play What constitutes an unduly burdensome regulation The market participant exception Other issues tested alongside the Dormant Commerce Clause Analyz...
May 24, 2021•18 min•Season 2Ep. 135
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing agent authority, which is one of the most heavily-tested issues on the bar exam. In this episode, we discuss: Actual authority - express vs. implied The rules of apparent authority Other business associations topics that come up in combination with agent authority on an exam Analyzing two hypos from previous California bar exams How to structure an answer to a question involving agent ...
May 17, 2021•15 min•Season 2Ep. 134
Welcome back to the Bar Exam Toolbox podcast! Today, we're going to explore covenants, a type of non-possessory interest in real property. You can find more on the topic of real property in episode 122, where we discuss easements. In this episode, we discuss: The rule statement for covenants Restrictive covenants versus affirmative covenants The different elements needed to enforce a covenant The remedy for covenants Differences between covenants and equitable servitudes Elements of horizontal a...
May 10, 2021•19 min•Season 2Ep. 133
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two hearsay exceptions, and they are government/public records and business records. You can find more on the topic of hearsay exceptions in episodes 101 and 115. In this episode, we discuss: A review of the definition of hearsay The elements of the business records exception Evidence that is admissible under the government/public records exception How to approach questions involving multiple hearsay Analyzing two hypos f...
May 03, 2021•15 min•Season 2Ep. 132
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about strict products liability, which is one of the three theories of liability that can form the basis of a products liability claim. In this episode, we discuss: The three theories of liability The rules of a products liability claim Who can assert a strict products liability claim and against whom? The three categories of defects Analyzing two hypos, from the February 2013 and February 2006 California bar exams How to structur...
Apr 26, 2021•17 min•Season 2Ep. 131
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing things to keep in mind before deciding to take the shorter attorneys' version of the bar exam, if you're eligible for this option. In this episode, we discuss: Logistics of the attorneys' version of the bar exam In what cases should you consider taking the full version with the MBE? Pitfalls for attorney applicants that could lead to poor results The difference between the bar exam and actual law practice How to structure your...
Apr 19, 2021•30 min•Season 2Ep. 130
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about making the decision to take the California (or other state-specific exam), or the UBE. In this episode, we discuss: Factors to consider when deciding where you want your law license to be Thinking about how the exams are really different What if you are struggling to pass the exam in a certain state? The score portability of the UBE Accommodations provided in the different jurisdictions What are the downsides to changing ju...
Apr 12, 2021•27 min•Season 2Ep. 129
Welcome back to the Bar Exam Toolbox podcast! Today we are focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against self-incrimination, and Miranda rights. In this episode, we discuss: Rules and scope of the privilege against self-incrimination The three ways in which the privilege against self-incrimination can be eliminated When is a suspect entitled to Miranda rights? In what situations can Miranda rig...
Apr 05, 2021•17 min•Season 2Ep. 128
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the reasons people who went to very prestigious law schools sometimes still fail the bar exam. In this episode, we discuss: Distinctions between law school exams and the bar exam Contributing factors to failing, and which ones can be avoided What are some warning signs you might be on track to fail? How you can right the course if you think you're in trouble How to quickly recover from failing Resources: Private Bar Exam Tu...
Mar 29, 2021•35 min•Season 2Ep. 127
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing an issue related to civil procedure -- the Erie Doctrine. We look at a step-by-step approach for answering questions in this area of the law when they show up on the bar exam. In this episode, we discuss: What is the Erie Doctrine? How and when the Erie Doctrine shows up on an exam question A two-step analysis for determining whether a law is substantive or procedural Reviewing examples of bar exam questions involving the Erie...
Mar 22, 2021•15 min•Season 2Ep. 126
