Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Quick Tips" series, we're talking about stress versus overwhelm, and why the distinction between the two matters during bar study. In this episode, we discuss: The main distinction between stress and overwhelm The kind of stress that is necessary and even healthy Symptoms of overwhelm that we've seen manifest in bar studiers What we recommend and advise against as ways for dealing with stress and overwhelm Knowing when to take ...
May 01, 2023•12 min•Ep 215•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing Relevance -- specifically, multiple uses for the same evidence, conditional relevance, and stipulations. In this episode, we discuss: When is evidence logically relevant? Multiple uses for the same piece of evidence What is conditional relevance? How do stipulations impact the relevance of a piece of evidence? Analyzing two hypos illustrating the above concepts Resources: Podcast Episode 89: L...
Apr 24, 2023•19 min•Ep 214•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Contracts -- specifically, material breach versus substantial performance (or minor breach). In this episode, we discuss: The factors courts consider to determine whether a breach of contract is material The kinds of contracts that the substantial performance doctrine applies to Two hypos from previous California bar exams involving breach of contract Resources: “Listen and Learn” seri...
Apr 17, 2023•15 min•Ep 213•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Developing a good study routine is crucial to passing the bar exam; however, we should not overlook the importance of creativity within that routine. Being able to engage different parts of your brain while studying will help you retain more information faster. Today we share some creative ideas you could try out during bar prep season. In this episode, we discuss: Discovering your type of learning style Creative ideas for varying your study routine ...
Apr 10, 2023•13 min•Ep 212•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're talking about habits – how to make new ones and ditch the old ones that you don't need anymore. We share some ideas found in the books Dopamine Nation and Atomic Habits. In this episode, we discuss: Addictions in our daily lives, as discussed by Dr. Anna Lembke in the book Dopamine Nation How to reset your dopamine levels to increase overall happiness and productivity How to create "identity habits" Small changes to your daily routine tha...
Apr 03, 2023•33 min•Ep 211•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Evidence, specifically some special forms of privileged communication. In this episode, we discuss: Privileged communication vs. confidentiality The two types of marital (or spousal) privilege Requirements for communication between a doctor and a patient for it to be considered privileged Scope of the clergy-penitent privilege Two hypos illustrating how privilege may come up on the bar...
Mar 27, 2023•13 min•Ep 210•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Quick Tips" series, we're outlining a strategy for bouncing back after failing the bar exam. We discuss how to identify and strengthen your weaker areas and set yourself up for success next time around. In this episode, we discuss: Overcoming the grief over failing Deciding when/if you want to sit for the bar again Finding out the reason(s) your score wasn't high enough Mapping out a new study plan Looking for outside help if ...
Mar 20, 2023•10 min•Ep 209•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure, and specifically Rule 12(b), which governs defenses and motions to dismiss, and is frequently tested on the bar exam. In this episode, we discuss: Motions to dismiss based on the defenses enumerated in Rule 12(b) The requirements for an adequate pleading How a court will evaluate a claim to grant relief Two sample questions illustrating motions to ...
Mar 13, 2023•13 min•Ep 208•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're talking about the purpose of recording statutes, and the recording system more generally. In this episode, we discuss: The first-in-time rule for valid title What is a bona fide purchaser? What does it mean to take property without notice? The three types of recording statutes How transfers of real property are recorded What is a "wild" deed? Analyzing sample questions involving recording statute...
Mar 06, 2023•25 min•Ep 207•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're excited to have Ryan Zajic from UWorld on the podcast to discuss how you can use the platform to prep for the bar exam. We also share general tips to keep in mind during your bar study. Note: If you're interested in checking out UWorld for yourself, you can use the coupon code BTUWORLD10 for 10% off the purchase price. In this episode, we discuss: Ryan's background and his work in bar prep What the UWorld platform offers to bar studiers ...
Feb 13, 2023•41 min•Ep 206•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about common perfectionist pitfalls that students may fall into while studying for the bar exam, and what to do to avoid those pitfalls. We also go through some general tips for approaching the bar prep process and the bar exam with the right frame of mind. In this episode, we discuss: Why is it so important to approach bar prep and the bar exam with a non-perfectionist mindset? Five common perfectionist pitfalls and how to avoid...
Feb 06, 2023•13 min•Ep 205•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, 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•Ep 204•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•Ep 198•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•Ep 197•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•Ep 196•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, in an episode from our "Quick Tips" series, we break down how to prepare for the Professional Responsibility exam, which is a crucial element of bar admission. In this episode, we discuss: The structure of the MPRE When you should plan to schedule sitting for the exam Tips for studying for the MPRE How long do you need to spend studying? Getting accommodations for the MPRE Resources: NCBE – National Conference of Bar Examiners (https://www.ncb...
Oct 31, 2022•9 min•Ep 194•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're discussing how to rationally evaluate the reasons you failed the bar, and make a plan for moving on and passing the next time you sit for the exam. In this episode, we discuss: The importance of looking at your score report and what it's telling you Deciding what you need to change in your prep approach Being realistic about fitting in studying around other obligations Are there accommodations you possibly needed and didn't get? Thinking ...
Oct 23, 2022•30 min•Ep 193•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Typically, students graduate from law school and prepare for the bar exam in a focused way over 8-10 weeks. This is a very intense style of preparation and doesn't work for everyone. In today's episode, we're sharing some practical tips for people who decide to study over a longer time period. In this episode, we discuss: Downsides to the traditional bar prep approach of studying over 8-10 weeks Practical tips for people studying for more time Starti...
Oct 17, 2022•34 min•Ep 192•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we have the first episode of our new "Quick Tips" series. Join us as we discuss the usefulness of spaced repetition as a learning tool, especially when we're faced with overwhelming amounts of information to memorize during bar exam prep. Note: "SRS" in this episode refers to the application of spaced repetition called SeRiouS found at www.spacedrepetition.com . In this episode, we discuss: The science behind spaced repetition The key to space...
Oct 10, 2022•14 min•Ep 191•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're going to be discussing Professional Responsibility, and specifically, exceptions to confidentiality under the ABA and California rules. In this episode, we discuss: The ABA and California rules for confidentiality of information Exceptions to the rules for confidentiality Analyzing three fact patterns from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-to...
Oct 03, 2022•11 min•Ep 190•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing what to think about to be successful on the bar, especially if you haven't taken many closed-book exams in law school. In this episode, we discuss: Limiting the amount of material you'll be trying to learn The three categories of law showing up on the bar exam Different memorization techniques Learning tips that tend to work for everyone Thinking about your particular learning style Resources: Writing of the Week (WOW) Bar Ess...
Sep 26, 2022•33 min•Ep 189•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the First Amendment, a big topic in Constitutional Law. Specifically, we're looking at how far press freedom extends. In this episode, we discuss: When the First Amendment does not protect the press from liability Disclosure of private facts in the press Defamation of private citizens and public figures Analyzing a hypo illustrating the above concepts Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-to...
Sep 19, 2022•19 min•Ep 188•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today we're talking about state sovereign immunity, pursuant to the Eleventh Amendment to the U.S. Constitution. In this episode, we discuss: What does the Eleventh Amendment to the U.S. Constitution establish? Where the state sovereign immunity doctrine does and does not apply Exceptions to state sovereign immunity – or when a party can sue a state Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://b...
Sep 12, 2022•15 min•Ep 187•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we will be discussing Proximate Cause – a subtopic of Negligence under Tort Law. In this episode, we discuss: Reviewing the elements of negligence The two hurdles a plaintiff must overcome when it comes to causation The rule for proximate cause Intervening causes and intervening criminal acts Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-...
Sep 05, 2022•15 min•Ep 186•Transcript available on Metacast 
