Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing the concept of injunctive relief (Federal Rules of Civil Procedure Rule 65). We introduce three types of injunctions – temporary restraining orders (TROs), preliminary injunctions, and permanent injunctions, and the elements necessary for obtaining each of them. In this episode, we discuss: Overview of injunctive relief Temporary restraining orders (TROs) Preliminary injunctions and pe...
Mar 10, 2025•21 min•Ep 303•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the turmoil surrounding the recent California bar exam. We highlight the inadequate preparation, technical issues, and potential future repercussions on law students and bar exam candidates. Tune in to learn more about the situation and hear about potential next steps and advice for those impacted. In this episode, we discuss: Various exam-day issues that occurred Post-exam confusion Financial and legal implications Future of ...
Mar 03, 2025•25 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure – specifically, the following topics related to discovery: motions to compel, interrogatories, and physical/mental examinations. In this episode, we discuss: An overview of discovery The specific rules related to motions to compel, interrogatories, and physical/mental examinations during discovery An analysis of two questions from previous California bar exams Resources...
Mar 03, 2025•13 min•Ep 302•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Listen and Learn" series, we're focusing on a topic from professional responsibility - namely, lawyer fee agreements. These are governed by Rule 1.5 of both the ABA and the California Rules of Professional Conduct. In this episode, we discuss: The general rules a lawyer must follow when entering into a fee agreement with their client Different types of fee agreements Prohibited contingency fee agreements A hypothetical scenari...
Feb 24, 2025•18 min•Ep 301•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Tune in for a special milestone episode today (number 300), where we share our top 5 tips for passing the bar exam. In this episode, we discuss: Making the most of your bar exam practice Organizing your life during the bar prep period Acting vs. passive learning Looking at the bar exam in the grand scheme of things The mental aspect of preparing for the bar Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) P...
Feb 17, 2025•37 min•Ep 300•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with guest Stephanie Acosta - Director of Legal Education at UWorld (which acquired Themis Bar Review) - about how they develop comprehensive and engaging bar study materials. We also share tips on effective study techniques, self-assessment, and managing mental health during bar prep. Note: This episode is sponsored by Themis Bar Review – the gold standard in bar exam preparation. Save $900 on any July 2025 Themis Bar Review co...
Feb 10, 2025•45 min•Ep 299•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode we're continuing to review the concepts from Contract Law we've covered in our "Listen and Learn" series. In this episode, we discuss: Expectation and consequential damages Incidental, reliance, and restitution damages UCC expectation damages Third-party rights in contracts Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Hadley v. Baxendale (https://www.casebriefs.com/blog/law/contracts/con...
Feb 03, 2025•8 min•Ep 298•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This is the second episode of a two-part discussion of third-party rights in contracts. Last time we covered assignments and delegations, and today we focus on third-party beneficiaries. In this episode, we discuss: A recap of assignment and delegation of contractual rights and obligations Intended and incidental third-party beneficiaries Illustrative examples of third-party beneficiaries Resources: "Listen and Learn" series ( https://barexamtoolbox....
Jan 27, 2025•14 min•Ep 297•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This is the first episode of a two-part discussion of third-party rights in contracts. Today we focus on assignments and delegations, starting with the basic definitions and the specific rules governing them, and then applying these concepts to some practical scenarios. Next week, we'll cover third-party beneficiaries. In this episode, we discuss: Overview of assignment and delegation of contractual rights and obligations Key terminology used in thir...
Jan 20, 2025•10 min•Ep 296•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're expanding on the topic of legal remedies for breach of contract, which we started covering in Episode 171 . This time we look at the rules governing incidental, reliance, and restitution damages and apply the law to two fact patterns. In this episode, we discuss: The rules governing: Incidental damages Reliance damages Restitution damages An analysis of two hypothetical scenarios Resources: "Listen and Learn" series (https://barexamtoolb...
Jan 13, 2025•15 min•Ep 295•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with former BigLaw recruiter Sadie Jones about whether it's feasible to apply for jobs while studying for the bar exam. We explore scenarios such as graduates who failed the bar the first time, 3Ls without job offers, and those with job offers contingent on passing the bar. In this episode, we discuss: The realities of job hunting while studying for the bar How to handle conversations with potential employers about your bar exam...
Jan 06, 2025•24 min•Ep 294•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're reviewing the concepts from Contract Law we've covered in our "Listen and Learn" series. In this episode, we discuss: The basics of contract formation The parol evidence rule Performance and breach of contract Anticipatory repudiation and defenses Attack plan for analyzing contract formation and performance issues Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) "Listen and Learn" series (https:...
Dec 16, 2024•8 min•Ep 293•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we're exploring the situations in which a party to a contract is claiming that their contractual obligations should be discharged as a result of supervening events that occurred after the formation of the contract. The three excuses for non-performance of a contract we'll look at are: impossibility, impracticability, and frustration of purpose. In this episode, we discuss: The rules for the impossib...
Dec 09, 2024•17 min•Ep 292•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This is the second part of our discussion on landlord/tenant law. In this episode, we focus on the differences between lease assignment and subletting. In this episode, we discuss: Assignment of a lease Subletting a property A sample question illustrating the concept of lease assignment Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-cali...
Dec 02, 2024•8 min•Ep 291•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! It's the season for bar results, and we've been talking with bar takers who didn't pass this time. Today, we've compiled a list of common questions we get about score reports, next steps, and getting mentally ready to study again. In this episode, we discuss: Where to focus your study time Deciding when to retake the bar exam Should you use the same bar review program again? How to balance working and studying Evaluating your answers and score report...
Nov 25, 2024•39 min•Ep 290•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode, we discuss the essentials of leaseholds in landlord/tenant law. We cover the different types of leasehold estates, as well as the obligations of tenants and landlords, and we analyze a sample question. In Part 2, we'll focus on assignment and subletting. In this episode, we discuss: The four types of leasehold estates that can be created with a lease Duties of landlords and tenants Implied warranty of habitability Actual vs. construc...
Nov 18, 2024•21 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're continuing our overview of key Real Property topics from our "Listen and Learn" series. In this episode, we're focusing on property regulation and transfer. In this episode, we discuss: Zoning ordinances and variances The three types of recording statutes Overview of adverse possession Constructive eviction in landlord/tenant law Examples illustrating the above concepts How the Real Property topics interrelate on an exam Resources: Podca...
Nov 11, 2024•8 min•Ep 288•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're taking a bird's eye view of some key Real Property topics we've covered in our "Listen and Learn" series. Specifically, we're focusing on property ownership and interests. Next week, we'll discuss property regulation and transfer. In this episode, we discuss: Concurrent estates Present and future estates Defeasible fees Non-possessory interests (easements and covenants) Examples illustrating the above concepts Resources: Podcast Episode ...
Nov 04, 2024•8 min•Ep 287•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing a topic from Civil Procedure – specifically, when is a pleading conclusory under the Twombly/Iqbal standard for assessing Rule 12(b)(6) motions to dismiss. In this episode, we discuss: Overview of Federal Rule of Civil Procedure 12(b)(6) Legal conclusions vs. factual allegations Analysis of a hypothetical case involving motions to dismiss Resources: "Listen and Learn" series (https://b...
Oct 28, 2024•13 min•Ep 286•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're sharing Part 2 of our conversation with Jennifer Barry -- a tutor on the Bar Exam Toolbox team who's a former California bar exam grader. This time, we're focusing on avoiding common mistakes that examinees make. In this episode, we discuss: Common mistakes that bar examinees make Handwriting vs. typing your exam answers Following directions and avoiding pitfalls How has the bar exam changed over the years? Can a grader tell if you've use...
Oct 21, 2024•21 min•Ep 285•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Have you ever wondered what it's like to be a California bar exam grader? Today we have Jennifer Barry -- a member of the Bar Exam Toolbox team and a former California bar grader -- to shed some light on the bar exam evaluation process and what graders are looking for in essay answers. In this episode, we discuss: Jennifer's background and how she became a bar grader Insights on how the bar grading process works in California How to make the grader's...
Oct 14, 2024•24 min•Ep 284•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Quick Tips" series, we have a bar exam survival kit, consisting of five important things to think about while preparing to sit for an exam administration. In this episode, we discuss: Deciding when and where to sit for the bar exam Knowing your jurisdiction Doing thorough research Taking note of all the deadlines The MPRE and character and fitness requirement Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/pri...
Oct 07, 2024•9 min•Ep 283•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with guest Ryan Gurson -- attorney and Southeast Regional Director for Themis Bar Review. We're discussing preparation strategies for the bar exam, emphasizing the importance of comprehensive course completion, effective practice, and avoiding common pitfalls that lead to failing the exam. Note: This episode is sponsored by Themis Bar Review – the gold standard in bar exam preparation. Get any 2025 Themis Bar Review course for j...
Sep 30, 2024•48 min•Ep 282•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! What are the most common reasons people fail the bar exam? Today, two more of our Bar Exam Toolbox tutors (Nicola and Tina) join us to share their perspectives on this topic. In this episode, we discuss: The most common reasons for failing the bar exam What is the most important thing someone should consider when re-taking the bar? What is the one thing our tutors find themselves saying over and over again to students? Coping mechanisms and mental pr...
Sep 23, 2024•20 min•Ep 281•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we are sharing some updates that have recently come from the California Bar, as we're watching how the new bar exam will be launched in February 2025, in partnership with Kaplan. In this episode, we discuss: What is the "California Bar Exam Experiment"? How can you participate in the experiment? Timeline of the new California bar exam Upcoming changes in the exam format Resources: California Bar Exam Courses and Tools (https://barexamtoolbox.co...
Sep 21, 2024•17 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! What are the most common reasons people fail the bar exam? Today, two of our Bar Exam Toolbox tutors (Hoang and Adam) join us to share their perspectives on this topic. In this episode, we discuss: The most common reasons for failing the bar exam What is the most important thing someone should consider when re-taking the bar? What is the one thing our tutors find themselves saying over and over again to students? Coping mechanisms and mental preparat...
Sep 16, 2024•27 min•Ep 280•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing how to approach preparing to retake the bar after failing the first time, or even multiple times. We talk about some common reasons why people fail the bar exam, and share tips on how to avoid study habits that generally do not serve students well. In this episode, we discuss: Using past exam results for feedback Evaluating and improving study habits Common mistakes during bar prep and how to avoid them When to start doing pra...
Sep 09, 2024•18 min•Ep 279•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This is the second installment of our episodes on partnerships. In part one , we covered the creation of the three main types of partnerships – general partnerships, limited partnerships, and limited liability partnerships. Today we will focus on the power and liability of partners in a partnership. In this episode, we discuss: Authority of partners in a partnership Liability of partners in different partnership types: General partnership Limited par...
Sep 02, 2024•21 min•Ep 278•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we’re talking about California's surprising recent decision to outsource the development of part of the next bar exam to Kaplan. In this episode, we discuss: Recap of the changes to the California bar exam starting in February 2025 How is a completely remote bar exam going to work? When to expect prep materials to be released? Potential legal issues due to copyrighted questions Focusing on what you have control over Resources: Practice of the ...
Aug 29, 2024•28 min•Ep 277•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing general, special, and quitclaim deeds, as part of our "Listen and Learn" series. We explain the role of these deeds in property transfer, focusing on the protections they offer to grantees, and go through sample questions to see how these topics can show up on the bar exam. In this episode, we discuss: Present and future covenants contained in general warranty deeds Special warranty deeds overview and examples Quitclaim deeds ...
Aug 26, 2024•21 min•Ep 276•Transcript available on Metacast 
