Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, where we review legal concepts and use them in fact patterns. This time we're analyzing a topic from contract law -- promissory estoppel. In this episode, we discuss: When is a promise breakable, and when is it a contract? What is inadequate consideration? The "reasonable and detrimental actions" requirement for promissory estoppel Breach of contract and reliance damages Analyzing two question...
Jul 06, 2020•18 min•Ep 95•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another update on what is known about the bar exam administration in different jurisdictions, which will hopefully help you make a more informed decision on how to proceed with your study schedule amidst the COVID-19 crisis. In this episode, we discuss: Updates from the National Conference of Bar Examiners Which states are planning on administering an in-person exam in July? The uncertainty around the California bar exam Should you tak...
Jun 22, 2020•42 min•Ep 94•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, and this time we'll review a topic from real property -- namely, constructive eviction. In this episode, we discuss: Regular eviction versus constructive eviction The Implied Covenant of Quiet Enjoyment and Implied Warranty of Habitability Using the SING mnemonic to remember the rules of constructive eviction How to determine if there is substantial interference in the tenant's life or busines...
Jun 15, 2020•18 min•Ep 93•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This is another episode in our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're talking about a commonly tested Civ Pro topic -- subject matter jurisdiction. In this episode, we discuss: Review of the basic concept of jurisdiction How to structure your subject matter jurisdiction essay answer The rules for federal question and diversity Determining citizenship and domicile for people and corporat...
Jun 08, 2020•18 min•Ep 92•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This episode is part of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're talking about a topic you will see on every Evidence essay on the bar exam: relevance. In this episode, we discuss: The two basic kinds of relevance Relevance and admissibility in the court room Determining facts of consequence Weighing the probative value of the evidence against the risk of admitting it into court Analy...
Jun 01, 2020•21 min•Ep 91•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're sharing our latest thoughts on studying for the bar exam with the delay caused by the coronavirus pandemic, and generally trying to make the situation work best for you. In this episode, we discuss: Updates on the information known from various jurisdictions in the country Will anything be available online, such as the MBE? What is "courtesy seating" and which states are offering it? Should you switch jurisdictions? Thinking about travel...
May 25, 2020•33 min•Ep 90•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. This time, we're talking about some hearsay basics. In this episode, we discuss: What is hearsay anyway? Hearsay exceptions versus non-hearsay How you can use mnemonics or other memorization techniques for the bar exam Reviewing two questions pertaining to evidence and hearsay from previous California bar exams How to make a decis...
May 18, 2020•18 min•Ep 89•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This is the second episode in our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're talking about negligence per se. In this episode, we discuss: Statutory standard of care The basic steps of a negligence per se analysis How to look at the statutes narrowly and broadly Analyzing three essay questions from previous California bar exams Tips for spotting negligence per se on the bar exam When to go ...
May 11, 2020•20 min•Ep 88•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're introducing a new series of podcast episodes called "Listen and Learn," where we're going to review substantive areas of the law and apply some of that law to facts. In this episode, we're talking about homicide. In this episode, we discuss: Developing effective attack plans for an essay Common law homicide The four elements of malice aforethought Heat of passion and imperfect self-defense Analyzing two criminal law questions, from the F...
May 04, 2020•23 min•Ep 87•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through the July 2017 California bar exam question on Remedies. This is part of our series of podcasts talking about how to approach questions on the California bar exam. In this episode, we discuss: What is necessary for a good Remedies essay? The law on temporary restraining orders (TROs) and preliminary injunctions The defenses of unclean hands, misrepresentation, and unilateral mistake Reading the question on Remedies from t...
Apr 27, 2020•24 min•Ep 86•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're updating you on the bar exam postponements and other recent developments that have happened since our last episode related to COVID-19. In this episode, we discuss: What's known so far on jurisdictions that are postponing Getting your finances in order How to develop a study plan suited to the new situation Using any extra time effectively How to think about working before the exam Ways to control stress and anxiety Resources: Bar Exam L...
Apr 20, 2020•38 min•Ep 85•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE Agency and Partnerships essay question from the February 2018 bar exam. This is part of our series of podcasts on how to approach Multistate Essay Examination questions. In this episode, we discuss: How to approach rule-heavy questions Uniform Partnership Act (UPA) and the Revised Uniform Partnership Act (RUPA) The rules governing a partner's withdrawal from the partnership, and the dissolution of that partnership ...
Apr 13, 2020•19 min•Ep 84•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about why mindset is so important for bar prep, and how to deal with obstacles that can derail your study. In this episode, we discuss: The difference between a fixed and a growth mindset Developing mantras for yourself The importance of positive thinking Having a strong study plan Focusing on active over passive learning How the people you surround yourself with are impacting you How to actively manage obstacles getting in your ...
Apr 06, 2020•30 min•Ep 83•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're sharing our tips for folks who are planning on studying longer-term for the bar exam, including first-time takers, repeat takers, U.S. attorneys, and foreign-trained attorneys. In this episode, we discuss: The importance of evaluating your strengths and weaknesses Developing and sticking to a study schedule Getting feedback on your writing Bar classes and other options for law school students How much time should you allocate to studying...
Mar 30, 2020•29 min•Ep 82•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about how the coronavirus epidemic could impact the July 2020 bar exam, and the fact that you may need to adjust your bar study schedule for unexpected demands. In this episode, we discuss: Our opinion on the likelihood that the July exams will go forward as scheduled How the exam format could change Using the lockdown to get ahead on studying if you can Having a Plan B in case the exam is canceled or postponed Looking for flexib...
Mar 23, 2020•24 min•Ep 81•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're sharing five lessons we've learned while trying to study another language, that could be applied to bar exam study as well. In this episode, we discuss: Picking your program carefully What if your progress is not satisfactory? Do you need a combination of multiple study methods? The true value of a one-on-one tutor Learning to play the long game Creative ways to study and memorize as you're going about your day A reminder to start studyi...
Mar 16, 2020•28 min•Ep 80•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE Criminal Law/Procedure and Evidence essay question from the July 2016 bar exam. This is part of our series of podcasts on how to approach Multistate Essay Examination questions. In this episode, we discuss: Review of the law on hearsay, the Fifth Amendment, and Miranda rights Reading the question from the July 2016 bar exam How identifying which facts are legally significant triggers a strong analysis Dealing with ...
Feb 17, 2020•26 min•Ep 79•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing how our mind deals with failure, and why making mistakes can actually lead to better learning. In this episode, we discuss: Why being wrong when highly confident in the answer is a powerful way to absorb information Why guessing on multiple choice questions doesn't lead to learning A look at how kids deal with their mistakes The concept of memory reconsolidation Fixed versus growth mindset Practicing by rewriting questions and...
Feb 10, 2020•30 min•Ep 78•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about how to know who or what you can trust when preparing for the bar exam, and why it's important to go all in with an approach once you've decided to trust it. In this episode, we discuss: Evaluating what works best for your learning style and life situation Where to get practice materials and feedback Can you test a course before you purchase it? Assessing how you're spending your study time and if it’s working Focusing on on...
Feb 03, 2020•33 min•Ep 77•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE constitutional law essay question from the July 2018 bar exam. This is part of our series of podcasts on how to approach Multistate Essay Examination questions. In this episode, we discuss: Do you need to cite cases when answering Con Law questions? The Tenth Amendment and use of federal funding Reading the Con Law question from the July 2018 bar exam What is the best way to begin your answer? How to create a solid...
Jan 27, 2020•22 min•Ep 76•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through the February 2016 California bar exam question on wills, trusts, and property . This is part of our series of podcasts talking about how to approach questions on the California bar exam. In this episode, we discuss: The law pertaining to trusts, interests in real property, and the duties of a trustee Reading the question on trusts from the February 2016 California bar exam Noting the legal significance of each fact in th...
Jan 20, 2020•19 min•Ep 75•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about taking the bar in a new state, when you're already licensed elsewhere. In this episode, we discuss: Figuring out if it's possible to take the attorney version of the exam What are the most efficient study methods if you've already passed once? Evaluating what topics you should focus on Why the passage rate for attorney applicants is not very high How early should you start studying? Is your job willing to make accommodation...
Jan 13, 2020•28 min•Ep 74•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're strategizing about how to resolve problems you're having while studying for the MBE, specifically when you're struggling with the law. In this episode, we discuss: How complicated is the law on the MBE? The importance of evaluating why you are getting questions right or wrong Doing targeted practice on areas of the law where you feel less confident The surprising powers of handwriting Using frequency analysis, especially if you are short...
Jan 06, 2020•26 min•Ep 73•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through the July 2017 California bar exam question on civil procedure. This is part of our series of podcasts talking about how to approach questions on the California bar exam. In this episode, we discuss: The law pertaining to subject matter jurisdiction, joinder, and pleading requirements Reading the facts in the civil procedure question from the July 2017 California bar exam The importance of carefully reading the questions ...
Dec 16, 2019•25 min•Ep 72•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE Contracts essay question from the July 2018 bar exam. This is part of our series of podcasts on how to approach Multistate Essay Examination questions. In this episode, we discuss: How to easily determine you are working with a Contracts question Does the scope of the question fall into the UCC world or the common law world? A review of Article 2 of the UCC and the common law of contracts Reading the Contracts ques...
Dec 09, 2019•16 min•Ep 71•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through the February 2017 California bar exam question on criminal law and criminal procedure. This is part of our series of podcasts talking about how to approach questions on the California bar exam. In this episode, we discuss: Fourth Amendment rights, including The Fruit of the Poisonous Tree Doctrine When is a search by a state actor valid? Establishing whether probable cause exists for a warrant to be issued The "good fait...
Dec 02, 2019•27 min•Ep 70•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are sharing five lessons we learned from drafting sample answers for California and MEE essay questions as part of our Writing of the Week program. In this episode, we discuss: Why you must practice under timed conditions The importance of having a formatting scheme Following a strict IRAC formula Using clear and concise language Why feedback is critical Resources: Writing of the Week (WOW) Bar Essay Workshop (https://barexamtoolbox.com/wri...
Nov 18, 2019•26 min•Ep 69•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the ins and outs of the bar admission application process, some requirements you may not be aware of, and common issues that can arise during your application. In this episode, we discuss: Making sure you know what the rules are where you're applying Some specific state requirements you may run into The importance of starting early, because the process does take time The fact that you may need to do some digging to recreate...
Nov 11, 2019•30 min•Ep 68•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about why "attack plans" are important to develop and memorize during your bar study, and how to use them on exam day. In this episode, we discuss: Thinking about each subject as a universe of topics Why attack plans are so critical, specifically for the California bar exam An example of an attack plan for criminal law How can you use attack plans on exam day? Where to find attack plans and how to start developing your own Resour...
Nov 04, 2019•26 min•Ep 67•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE Agency and Torts essay question from the February 2015 bar exam. This is part of our series of podcasts on how to approach Multistate Essay Examination questions. In this episode, we discuss: The test for determining whether a person is an employee or an independent contractor What's the employer's liability for employees' tortious conduct? The doctrine of negligence per se Seeking indemnification for damages Readi...
Oct 21, 2019•21 min•Ep 66•Transcript available on Metacast 
