Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about best practices for studying for an online bar exam, based on the two virtual exams that have been given so far. In this episode, we discuss: What were the results of the virtual bar exams given so far? What exam-takers liked and what they found challenging about taking an online exam Tips for preparing for a virtual exam, versus an in-person exam Planning ahead for possible computer issues or necessary accommodations How to...
Mar 15, 2021•38 min•Ep 125•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're talking about the duty of loyalty owed by directors and officers of a corporation, and the main types of conduct they are prohibited from engaging in. In this episode, we discuss: A review of the rule for duty of loyalty The four types of prohibited conduct when the officer's interest is placed before that of the corporation The situations in which a conflict of interest occurs Usurpation of a corporate opportunity Other top...
Mar 08, 2021•17 min•Ep 124•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in an episode from our "Listen and Learn" series, we're discussing the First Amendment - in particular when, where, and how the government can regulate speech through content-neutral time, place, and manner restrictions. In this episode, we discuss: Situations in which the First Amendment to the U.S. Constitution applies Public, limited public, and non-public forums Content-based versus content-neutral regulations The three-prong test for time...
Mar 01, 2021•14 min•Ep 123•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in an episode of our "Listen and Learn" series, we're discussing easements, which is one of the more common Real Property topics on bar exam essays. In this episode, we discuss: Easements - the rule statement Three important questions to consider when thinking about easements The different ways in which an easement can be created The two main types of easements How an easement could end Analyzing two Real Property hypos, from the July 2016 and...
Feb 15, 2021•18 min•Ep 122•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the Federal Rules of Evidence, and how to apply the rules of character evidence to both civil and criminal case hypos. In this episode, we discuss: In what cases character evidence may be admissible in court The difference in the rules of character evidence for civil and criminal cases How character evidence is presented in direct examination vs. cross examination Going through two hypos, from the July 2010 and February 201...
Feb 08, 2021•17 min•Ep 121•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review a substantive area of the law and apply that law to fact patterns. This time we're looking at piercing the corporate veil, which is a commonly-tested issue in Corporations and LLC essays. In this episode, we discuss: What exactly is the corporate veil? The four situations in which a court will pierce the corporate veil and hold the shareholders personally liable What doe...
Feb 01, 2021•13 min•Ep 120•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in an episode from our "Listen and Learn" series, we're talking about anticipatory repudiation, which is an often-tested issue both on the MBE and on Contracts essays. In this episode, we discuss: What is anticipatory repudiation? What constitutes an "unequivocal communication"? Presenting a demand for adequate assurances of the contract's completion Rights and remedies available to the non-repudiating party Topics that anticipatory repudiatio...
Jan 25, 2021•15 min•Ep 119•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're revisiting the best memorization techniques for long-term retention of material. There are many different ways to memorize, and you have to test them to figure out which ones work best for you. In this episode, we discuss: Why is memorization such a problem for many bar studiers? How much is realistic to memorize for each of the heavily-tested areas? Some of the most effective ways to memorize How to focus your time so you are as product...
Jan 18, 2021•32 min•Ep 118•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this week's episode, as part of our "Listen and Learn" series, we're talking about an important area of Constitutional Law -- the Fourteenth Amendment. Specifically, we take a look at procedural due process, substantive due process, and equal protection. In this episode, we discuss: A review of the Fourteenth Amendment's Due Process Clause and Equal Protection Clause The procedure for analyzing substantive due process, procedural due process, and ...
Jan 11, 2021•19 min•Ep 117•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Results from the latest California bar exam have just come out, and there's not a lot of time to prepare for the February 2021 exam if you failed. Is it feasible to sit for the exam that's coming up, or would it be better to postpone? Join us for this episode, where we try to help you make this decision as rapidly as possible. In this episode, we discuss: Important questions to ask yourself based on your exam results What if you are working and study...
Jan 08, 2021•43 min•Ep 116•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In episode 101 we covered two hearsay exceptions, namely present sense impression and state of mind. Today, we'll discuss two more exceptions that are also commonly tested, and those are dying declaration and excited utterance. In this episode, we discuss: How to structure your Evidence essay A review of what hearsay and hearsay exceptions are The rules of the dying declaration and excited utterance exceptions Analyzing several hypos involving hearsa...
Jan 04, 2021•28 min•Ep 115•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we cover a category of evidence called "non-hearsay," which is tested often on both the MBE and on Evidence essays. In this episode, we discuss: A quick review of what is considered hearsay Categories of statements deemed non-hearsay When to consider hearsay exceptions Analyzing two Evidence essay hypos, from the July 2005 and July 2007 California bar exams How to structure your essay answer when th...
Dec 14, 2020•16 min•Ep 114•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're looking at the telltale signs that you might be stressed out, the acute and chronic problems that stress causes, and some strategies for stress management, particularly important during these difficult and unpredictable times. In this episode, we discuss: Why are bar studiers particularly prone to experiencing excessive levels of stress? How can you tell that you're stressed out? The physical manifestations of tension in the body Lifesty...
Dec 07, 2020•38 min•Ep 113•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 substantive areas of the law that you're likely to encounter on the bar exam. This time we are focusing on criminal law, specifically property crimes, which appear on both the MBE and in essay questions. In this episode, we discuss: How to approach open-ended questions and specific questions A summary of the rules for eight property crimes The merger doctrine Analyzing two hypo...
Nov 30, 2020•23 min•Ep 112•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 substantive areas of the law that you're likely to encounter on the bar exam. Today we're talking about supplemental jurisdiction, which you may see as part of a larger Civil Procedure essay question involving jurisdiction, or as a multiple choice question on the MBE. In this episode, we discuss: What is supplemental jurisdiction? The rules of supplemental jurisdiction and some re...
Nov 16, 2020•17 min•Ep 111•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in an installment of our "Listen and Learn" series, we're tackling another Constitutional Law topic -- that is justiciability, or the issue of deciding whether a court can make a formal judgment on a legal matter. In this episode, we discuss: What three requirements must a plaintiff meet in order to have standing? The special doctrines of taxpayer, organizational, and third-party standing When is it too early or too late to bring a case? The C...
Nov 09, 2020•18 min•Ep 110•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This year, because of all the postponed bar exams you won't find out until quite late if you passed or not. When should you start to prepare for retaking the exam if you have a gut feeling you aren't going to pass? In today's episode, we're tackling that question, sent in by some of our listeners. In this episode, we discuss: Assessing why you think you might have failed Thinking about delaying to retake if your situation allows it If you decide to s...
Nov 02, 2020•30 min•Ep 109•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another installment in our "Listen and Learn" series, where we review substantive areas of the law that you're likely to encounter on the bar exam. This time, we're talking about a very testable part of Constitutional Law -- the Commerce Clause. In this episode, we discuss: Does the Commerce Clause apply when the law was passed by Congress or by a state? Cases that helped develop the modern formulation of the Commerce power An analytic...
Oct 26, 2020•8 min•Ep 108•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review substantive areas of the law that you're likely to encounter on the bar exam. This time, we're looking at assumption of risk as a defense to negligence in Tort law. In this episode, we discuss: A review of the rule for assumption of risk What are some common situations that trigger this defense? Express vs. implied assumption of risk The Professional Rescuer Rule How a s...
Oct 19, 2020•18 min•Ep 107•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! We've finally made it to the last few days before the bar exam in this incredibly challenging year! Today, we're talking about making the most of your final days of preparation, and we have some exam day tips as well. In this episode, we discuss: Making sure the space you're taking the exam in is set up according to requirements Checking off the list of "don't's" for exam day Getting the testing software ready and practicing under exam conditions (No...
Sep 28, 2020•33 min•Ep 106•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review substantive areas of the law that you're likely to encounter on the bar exam. This time, we're focusing on a topic related to both Property and Torts, and that is nuisance. In this episode, we discuss: Where does nuisance show up on the bar exam? The similarities and differences between public and private nuisance The attractive nuisance doctrine Defenses to nuisance cla...
Sep 21, 2020•22 min•Ep 105•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about defamation -- a topic you might see on a Torts essay along with other intentional torts, and sometimes on the MBE as well. We also highlight some of the other intentional torts that are commonly triggered in a defamation fact pattern. In this episode, we discuss: The five elements of defamation When is a statement of opinion actionable? The difference between defamation claims brought by private figures and public figures T...
Sep 14, 2020•18 min•Ep 104•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review a substantive area of the law and apply the rules to fact patterns. This time, we're focusing on two topics from Torts -- specifically, assault and battery. In this episode, we discuss: Unpacking the elements of assault and battery Are threatening words enough to be considered an assault? Some less obvious situations where harmful or offensive bodily contact can occur Co...
Aug 31, 2020•21 min•Ep 103•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 a substantive area of the law and apply it to fact patterns. This time, we're focusing on the Statute of Frauds in Contract Law. In this episode, we discuss: The types of situations that courts have decided are particularly open to fraud The elements of contract formation What are the rules and exceptions to the Statute of Frauds? Analyzing two Contracts questions, from the Jul...
Aug 24, 2020•23 min•Ep 102•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode as part of our "Listen and Learn" series. This one covers two hearsay exceptions –- specifically, present sense impression and state of mind. In this episode, we discuss: An overview of hearsay and hearsay exceptions When to apply the present sense impression and the state of mind exceptions Going through several examples from Evidence essays involving hearsay The importance of considering each statement the declarant m...
Aug 17, 2020•19 min•Ep 101•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Tune in for a special milestone episode today (number 100), where we recap some of the most popular episodes and a few of our personal favorite episodes we have recorded during the past two years. In this episode, we discuss: Memorization techniques and the different types of learning styles The best ways to prepare for essay writing How to make sure you ace the performance test Why is the MBE so challenging for many bar studiers? Tips for first-time...
Aug 10, 2020•32 min•Ep 100•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about preparing for taking an online bar exam, which will be the norm this year due to coronavirus concerns. We also discuss the recently-released information on how the October California bar exam will be administered. In this episode, we discuss: The long-awaited details on the October 2020 California bar exam Using AdaptiBar to prepare for the MBE portion of the exam Developing attack plans to help with essay-writing How to pr...
Aug 03, 2020•36 min•Ep 99•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're doing another episode in our "Listen and Learn" series, talking about the Uniform Commercial Code Section 2-207 -- or "battle of the forms", as it's commonly called. In this episode, we discuss: When to use the UCC in a Contracts essay Understanding the rules of Section 2-207 The "mirror image" rule from common law Going through two hypos involving UCC Section 2-207 Stating the possible outcomes and coming up with a reasonable conclusion...
Jul 27, 2020•16 min•Ep 98•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 tackling the reasonable person standard in Negligence. In this episode, we discuss: Who is the reasonable person we hold everyone else's conduct up to? When do we apply the reasonable person "under the circumstances"? Some commonly tested standards (people with physical or mental disabilities, children, professionals)...
Jul 20, 2020•17 min•Ep 97•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the latest updates from different jurisdictions on how the bar exam is likely to be administered this year, and sharing strategies to help you prepare for taking the fall exam amidst all the uncertainty. In this episode, we discuss: What new information different jurisdictions have released since our last COVID-19 update Preparing study aids if you plan on sitting for the exam in the fall Practicing multiple ways of taking the...
Jul 13, 2020•37 min•Ep 96•Transcript available on Metacast 
