Welcome back to the Bar Exam Toolbox podcast! The topic of today's "Listen and Learn" episode is Criminal Procedure. Specifically, we're talking about a few topics related to the prosecution of a criminal trial: burden of proof, presumptions, and sufficiency of the evidence. In this episode, we discuss: The burden of proof in a criminal case A review of the substantive law defining murder Rebuttable and irrebuttable presumptions in jury instructions How do we know whether the prosecution has met...
Aug 08, 2022•20 min•Ep 185•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing a couple of topics that go hand in hand in Corporations essays - the duty of care and the business judgment rule. In this episode, we discuss: A review of the duty of care What is the business judgment rule? How the business judgment rule can be rebutted Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-tool...
Jul 18, 2022•14 min•Ep 184•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we're discussing the Taxing and Spending Clause of the Constitution, which specifies how Congress can collect taxes and allocate spending. In this episode, we discuss: Different types of taxes that Congress collects The two general purposes for which Congress is permitted to lay or collect taxes Restrictions Congress may impose on state spending The division of power between state and federal gov...
Jul 11, 2022•18 min•Ep 183•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we're talking about evidence that the court may exclude for various public policy reasons under the Federal Rules of Evidence. In this episode, we discuss: Evidence of subsequent remedial measures Statements and offers made during settlement negotiations Pleas and plea negotiations Offering to pay medical expenses Liability insurance Analyzing two hypos, from the February 2017 and February 2021 C...
Jul 04, 2022•15 min•Ep 182•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're talking about the parol evidence rule, which governs evidence that parties to a contract dispute can introduce when determining the specific terms of the contract. In this episode, we discuss: The definition of parol evidence Exceptions to the parol evidence rule The difference between a partially integrated writing and a fully integrated writing Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (...
Jun 27, 2022•17 min•Ep 181•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we are digging into a commonly-tested bar exam topic in Federal Civil Procedure – determining proper venue in civil actions. In this episode, we discuss: What is venue, and how to distinguish between venue and jurisdiction How venue can be properly established and changed Venue statutes and their application Analyzing two essay questions, from the February 2009 and July 2021 California bar exams Resources: “Listen and Learn” series (https://bar...
Jun 20, 2022•24 min•Ep 180•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're tackling Competence - an issue that comes up in many California bar essays on Professional Responsibility. In this episode, we discuss: The ABA and California rules for competent legal representation The California rule regarding legal advice or assistance in an emergency Analyzing two hypos from previous California bar exams Structuring an answer to a question involving competence Resources: “Listen and Learn” series (https://barexamtoo...
Jun 13, 2022•11 min•Ep 179•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the specifics of the Multistate Bar Examination, why some people struggle with it, and how to study for the exam if you're seeing low results on your test runs or you've bombed the MBE before. In this episode, we discuss: Reasons why people struggle with the MBE Identifying where you're having difficulties with the test Getting the right tools for exam prep Learning the law needed for the exam Analyzing your score if you've...
Jun 06, 2022•31 min•Ep 178•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on an important topic in Evidence – the Best Evidence Rule, which requires a witness to produce the document whose contents he or she is testifying about. In this episode, we discuss: How Evidence is different from most other topics on the bar exam The Best Evidence Rule and its related exceptions Analyzing several hypos from previous California bar exams Structuring an answer to an Evidence question on the bar exam Resources: “...
May 30, 2022•16 min•Ep 177•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the reasons why some bar takers fail the exam multiple times, and what approaches can help people pass after failing twice or more. In this episode, we discuss: How common is failing the bar multiple times? Some of the reasons why people fail repeatedly Assessing whether you're ready to sit for the bar again Strategies for improving your results on the exam Avoiding self-sabotaging behavior during bar prep Resources: The Brain...
May 23, 2022•36 min•Ep 176•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on Criminal Law, specifically inchoate offenses. This topic commonly appears on bar exam questions and includes attempt, solicitation, and conspiracy. In this episode, we discuss: How do inchoate offenses differ from other crimes? The rules for attempt, solicitation, and conspiracy to commit a crime The merger doctrine The Pinkerton liability rule Defenses to inchoate crimes How to structure an answer to an open-ended question o...
May 16, 2022•28 min•Ep 175•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing how to identify and work through Privileges and Immunities Clause issues on the bar exam. In this episode, we discuss: Distinguishing between the Privileges and Immunities Clause of Article IV of the Constitution and the Privileges or Immunities Clause of the Fourteenth Amendment What steps to take to identify whether the Privileges and Immunities Clause applies The Dormant Commerce Clause The two requirements that must be met...
May 09, 2022•16 min•Ep 174•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Criminal Procedure, specifically what is needed for a valid search warrant, and the situations in which a warrant is not required. In this episode, we discuss: What is a warrant? Requirements for a valid search warrant Eight exceptions to the warrant requirement Analyzing two hypos, from the July 2009 and February 2006 California bar exams Resources: “Listen and Learn” series (https://...
May 02, 2022•25 min•Ep 173•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the differences between the UBE and the California bar exam, and how to decide which one makes the most sense for you. In this episode, we discuss: What do the UBE and the California bar exam consist of? Which exam is generally more difficult? Pros of each of the two exams Which exam should you take first if you eventually want to take both? What may be coming in the future for the bar exam? Resources: The Brainy Bar Bank: ...
Apr 25, 2022•29 min•Ep 172•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we talk about the two most heavily-tested types of legal remedies for a breach of contract. In this episode, we discuss: Legal remedies and equitable remedies for a breach of contract The rules for expectation damages and consequential damages Different loss-mitigation scenarios Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com...
Apr 18, 2022•19 min•Ep 171•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about a frequently tested real property issue – zoning ordinances. We'll cover zoning variances, as well as the different ways in which zoning ordinances can be challenged. In this episode, we discuss: What are zoning ordinances (and how are they usually tested on the bar exam)? The two types of exceptions to zoning ordinances How someone can challenge a zoning ordinance Penn Central Transportation Co. v. New York City Going thro...
Apr 11, 2022•20 min•Ep 170•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's "Listen and Learn" episode, we look at the various ways of establishing whether a court has jurisdiction over the parties in a lawsuit. In this episode, we discuss: Establishing personal jurisdiction through traditional bases The difference between "domicile" and "presence" Long-arm statutes and ties to the forum state The two parts of the constitutional analysis General jurisdiction and specific jurisdiction Analyzing two hypos from previ...
Apr 04, 2022•26 min•Ep 169•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about what you should be considering in regard to your bar prep if you're planning on sitting for the July 2022 exam. In this episode, we discuss: Getting your bar exam application in order Evaluating bar prep course options How early and how much to study Signing up for the MPRE Considering whether you need accommodations Keeping in mind the COVID pandemic and allowing yourself some cushion for your bar prep Resources: Private B...
Mar 28, 2022•32 min•Ep 168•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we review the terminology and rules that you'll need to know when answering a question on direct and derivative actions. To illustrate the concepts, we also go over two questions adapted from the California bar exam. In this episode, we discuss: Differences between direct and derivative causes of action Duty of loyalty and duty of care to a corporation Damages awarded in direct and derivative suits Majority shareholder oppression Analyzing two...
Mar 21, 2022•16 min•Ep 167•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with Chris Chapman, President and CEO of AccessLex, about Helix, their new bar prep product, and about a study they conducted on who's likely to pass the bar. In this episode, we discuss: An overview of AccessLex Institute and Chris Chapman's own career path The Helix Bar Review product and its approach to active learning An analysis of bar exam study habits What you should consider when deciding which bar review product to use ...
Mar 14, 2022•32 min•Ep 166•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Studying for the bar is certainly a challenging time, but you shouldn't be miserable while doing it. Today, we're discussing mental health and maintaining equilibrium during bar prep by reclaiming some time to do things that make you feel good. In this episode, we discuss: Things you can do to keep your equilibrium intact during bar prep Limiting self-sabotaging behaviors Using technology to help keep you focused Some interesting books we've been rea...
Mar 07, 2022•33 min•Ep 165•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're talking about contract defenses, including mistake, fraudulent misrepresentation, and non-disclosure. For a refresher on the concepts involved in contract formation, take a look at episode 161 of the podcast. In this episode, we discuss: Determining the governing law of a contract Conditions for a valid contract Mutual mistake and unilateral mistake present at contract formation Fraudulent misrepresentation related to contra...
Feb 14, 2022•17 min•Ep 164•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court. In this episode, we discuss: The definition and specifics of removal The reasons why some defendants would want to move their case to federal court What is needed for a defendant to motion to move a case to federal court? Establishing subject matter jurisdiction and diversity jurisdiction Federal abstention doctrines Ana...
Feb 07, 2022•21 min•Ep 163•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're talking about three different topics in Constitutional Law that are sometimes tested together: executive authority, federal preemption, and commandeering. These topics logically go together because they all involve a power struggle between government entities. In this episode, we discuss: Presidential and Congressional powers The three levels of Presidential authority Express and implied preemption Can Congress commandeer the states to re...
Jan 31, 2022•17 min•Ep 162•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're looking at the conditions that have to be satisfied in order to form a valid contract. We'll review the concepts and illustrate them with two essay questions from previous bar exams. In this episode, we discuss: Determining the applicable law governing a contract The conditions that have to be satisfied for a valid contract Recognizing when there is a counter-offer Applying the mailbox rule to de...
Jan 24, 2022•16 min•Ep 161•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different standards of review a court will apply when dealing with questions of constitutionality. You may also hear these referred to as "levels of scrutiny." In this episode, we discuss: The three Constitutional Law levels of scrutiny and how courts apply each of them Fundamental rights under the Constitution Suspect and quasi-suspect classes of individuals The Due Process and Equal Protection clauses Analyzing two hypos...
Jan 17, 2022•24 min•Ep 160•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing the standards for admitting witness testimony, which are found in the rules of Evidence. In this episode, we discuss: Who can be a lay witness? The instances in which lay witnesses can offer opinion testimony When is expert witness testimony permitted at trial? Factors used to determine the reliability of an expert's testimony Analyzing two hypos from previous California bar exams Resources: “...
Jan 10, 2022•13 min•Ep 159•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay. In this episode, we discuss: The rule for multiple hearsay A review of the general rule for hearsay and how to apply it properly Hearsay exceptions A step-by-step approach for analyzing questions containing hearsay within hearsay Analyzing two hypos that illustrate multiple hearsay Resources: “List...
Jan 03, 2022•14 min•Ep 158•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act. In this episode, we discuss: The rights that the Sixth Amendment protects The general rule for competence When a judge may deny a defendant's right to represent himself/herself A criminal defendant's right to counsel The relationship between the right to counsel under the Sixt...
Dec 20, 2021•12 min•Ep 157•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous informants. We previously discussed other aspects of the Fourth Amendment in episode 141 of the podcast. In this episode, we discuss: A review of the Fourth Amendment to the U.S. Constitution Determining when probable cause arises for an arrest, search, or seizure How is a "totality...
Dec 13, 2021•12 min•Ep 156•Transcript available on Metacast 
