Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure, and specifically, the scope of discovery and the work-product privilege. In this episode, we discuss: Definition of the discovery phase in litigation Scope of discovery What is the work-product privilege? Determining whether work-product is protected from discovery Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://bare...
Jan 30, 2023•18 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we discuss the procedure for filing a motion for summary judgment, which is how many cases are resolved in court. We illustrate this important topic with several sample questions and answers. In this episode, we discuss: What is a motion for summary judgment? When a court may grant a motion for summary judgment How the non-moving party can defeat the motion Analyzing several hypos involving motions for summary judgment Resources: “Listen and Le...
Jan 23, 2023•17 min•Ep 203•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're looking at a few specific defenses in Criminal Law, which if used successfully, may exonerate a defendant or reduce their punishment. In this episode, we discuss: Factual and affirmative defenses Perfect and imperfect affirmative defenses Defense of duress Defenses having to do with the defendant's mental state Self-defense and defense of others Analyzing two essay questions from previous California bar exams Resources: “Listen and Learn...
Jan 16, 2023•25 min•Ep 202•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode, we're going to focus on the definition of the rule against perpetuities, and work through some hypotheticals to break down the elements of the rule. In this episode, we discuss: Definition of the rule against perpetuities Present and future interests Types of executory interests When a class gift becomes vested Examples of questions involving perpetuities and how to work through them Resources: “Listen and Learn” series (https://bare...
Jan 09, 2023•13 min•Ep 201•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Tune in for a special milestone episode today (number 200), where we run down a list of the top 10 most popular episodes with the listeners of the podcast. In this episode, we discuss: Memorization techniques for the bar exam Preparing for the MBE How to outline Some of the worst bar exam advice you're likely to hear Concerns for studiers who are also working How to create a good study schedule Applying for accommodations for the bar exam And more! R...
Dec 19, 2022•25 min•Ep 200•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're excited to have Gabriel Teninbaum -- law professor and founder of Spaced Repetition Systems -- joining the podcast to speak about how the spaced repetition learning technique can help with your law school and bar exam studies. Note: If you're interested in checking out spacedrepetition.com for yourself, you can use the coupon code TOOLBOX15 for 15% off any product on the website. In this episode, we discuss: Some background on our guest ...
Dec 12, 2022•46 min•Ep 199•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we have one of our law school and bar exam tutors, Doretta McGinnis, joining us on the podcast to talk about the upcoming NextGen Bar Exam. In this episode, we discuss: The current components of the Uniform Bar Exam What changes to the bar exam format are in the works? The topics and skills the new bar exam will be testing The timeframe for the transition to the NextGen Bar Exam Is the change to the bar exam format generally a good thing? Resou...
Dec 05, 2022•31 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the circumstances under which a principal is vicariously liable for the unlawful actions of their employees and independent contractors. In this episode, we discuss: The general rule for vicarious liability Distinguishing between employee and independent contractor When is an employee considered to act within the scope of employment? When is a principal liable for torts committed by an independent contractor? Resources: “Liste...
Nov 28, 2022•21 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in another episode from our "Quick Tips" series, we're talking about what seems to be everyone's biggest fear on the bar exam, and that's forgetting the law. In this episode, we discuss: Effectively using all the facts you're given in the question How to write a coherent and well-structured answer if you're not sure of the rules Memorization techniques to help you remember the law Identifying ahead of time what practice is effective in keeping...
Nov 14, 2022•11 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in an episode from our "Quick Tips" series, we talk about the daunting task of coming back to study for the bar exam when you have been out of law school for a long time. In this episode, we discuss: Investing in a good test prep resource How to set a realistic study schedule Deciding what study methods work best for you Thinking about where you can and cannot cut corners Finding a way to track your progress and keep yourself accountable Tips ...
Nov 07, 2022•11 min•Ep 195•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•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•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•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•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•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•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•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•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•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•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•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 
