Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing how to process your negative emotions after failing the bar exam and move forward in the most productive way. In this episode, we discuss: What is your score report telling you? How to find what works for you and change your study routine accordingly Having real conversations with your job Thinking about whether you should postpone retaking the exam Knowing how and who to approach for help Applying for bar exam accommodations ...
Oct 09, 2023•35 min•Ep 234•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In part one of our two-part series on the topic of Impeachment, we discussed discrediting a witness's character. Today, we're focusing on testimony impeachment – that is, discrediting a witness's testimony. In this episode, we discuss: How opposing counsel might discredit a witness's character Evidence of prior inconsistent statements Questioning a witness's ability to observe, remember, or relate the facts being testified to Using hearsay to impeach...
Oct 02, 2023•18 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're diving into part one of a two-part series on the topic of Impeachment. Specifically, we're focusing on character impeachment – that is, discrediting the credibility of a witness. In this episode, we discuss: What is witness impeachment? Demonstration of bias Examining a witness's character for truthfulness Evidence of prior bad acts and convictions Analyzing two questions from previous bar exams Resources: "Listen and Learn" series (http...
Sep 25, 2023•22 min•Ep 232•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're excited to welcome Ryan Zajic – a senior legal content developer at UWorld and a licensed attorney in the state of Nebraska, and Dr. Janani Krishnaswami – a certified physician in preventative medicine, internal medicine, and lifestyle. We're talking about the very important topic of mental health for law students and those studying for the bar exam, and in the legal field in general. Thanks to Themis Bar Review , the gold standard in ba...
Sep 18, 2023•48 min•Ep 231•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Quick Tips" series, we're talking about how many hours you really need to spend studying to pass the bar exam. In this episode, we discuss: Our minimum baseline recommendation for the number of hours you should plan on studying Setting realistic goals for daily and weekly study time How to prioritize your study time Adjusting your study schedule based on your personal circumstances Resources: Private Bar Exam Tutoring (https...
Sep 11, 2023•13 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we're talking about the ethical rules governing the supervision of employees of a law firm. This is an issue that might be part of a fact pattern involving professional responsibility on the California bar exam, or it could show up on the MPRE. In this episode, we discuss: Responsibilities of senior attorneys or partners who supervise attorney associates The duty owed by a subordinate attorney who c...
Aug 28, 2023•13 min•Ep 229•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we go through an attack plan for how you might approach a Miranda issue on an exam question, and look at specific rules you'll want to address in your answer. In this episode, we discuss: An attack plan for approaching questions involving Miranda issues The constitutional basis for Miranda warnings The definition of "custodial interrogation" How a suspect can invoke or waive their rights Analyzing t...
Aug 21, 2023•20 min•Ep 228•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we're talking about the duty of candor, which you're very likely to see tested on the MPRE; or if you're in California, on an essay question as well. In this episode, we discuss: What the duty of candor encompasses under the ABA and California rules How an attorney can rectify an error, whether intentional or unintentional Analyzing three questions from previous California bar exams involving the du...
Aug 14, 2023•20 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! This episode is part two in contract defenses. In part one , we focused on the defenses of mistake, fraudulent misrepresentation, and non-disclosure. Today, we cover three more: incapacity, undue influence, and duress. In this episode, we discuss: What is required to form a valid contract? Individuals protected through the incapacity defense What constitutes "undue influence"? The two types of duress to watch out for in contract formation Analyzing t...
Aug 07, 2023•24 min•Ep 226•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 rules around authentication of evidence, which comes into play when you're dealing with physical or documentary evidence. In this episode, we discuss: Physical vs. testimonial evidence How the different types of physical/documentary evidence are authenticated Items that are considered self-authenticating Analyzing four hypos from previous California bar exams Resources: "Listen and...
Jul 17, 2023•12 min•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 service of process – a subject that sometimes sneaks into Civil Procedure questions on the bar exam. We'll discuss the general service of process rules under the Federal Rules of Civil Procedure, as well as the California-specific rules. In this episode, we discuss: Serving a summons and complaint to individuals in the United States and in foreign countries under the Federal Rules o...
Jul 10, 2023•20 min•Ep 224•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! In this episode, we're talking about the difference between passive learning (such as reading notes or listening to a lecture) and active learning (such as memorization and deep understanding). In this episode, we discuss: How to assess if you're spending most of your time on passive studying What is active studying and why is it more effective? Finding the balance between passive and active studying Why you have to start taking practice exams before...
Jun 26, 2023•14 min•Ep 223•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're focusing on Criminal Procedure. Specifically, we're talking about the "stop and frisk" exception to the warrant requirement. For other warrant requirement exceptions, please see Episode 220 of the podcast. In this episode, we discuss: The general attack plan for a Criminal Procedure question When the "stop and frisk" exception to the warrant requirement applies The exclusionary rule and the "frui...
Jun 19, 2023•18 min•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Quick Tips" series, we're talking about some tools you can use to handle distractions and optimize your study time during bar prep. In this episode, we discuss: App-blocking and timing tools to help you stay focused Having a "study buddy" without the distractions that can come with it The "Circles" method for organizing your study time How "white noise," "pink noise," and "brown noise" can help you focus Rewarding yourself when...
Jun 12, 2023•17 min•Ep 221•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, exceptions to the warrant requirement. In this episode, we discuss: The general attack plan for a Criminal Procedure question The plain view exception The search incident to lawful arrest exception The exclusionary rule Applying the attack plan to two hypos Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-arch...
Jun 05, 2023•17 min•Ep 220•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Quick Tips" series, we are talking about how to use breathing techniques to get through test-day anxiety and perform at your best. In this episode, we discuss: What common mistakes happen if your nerves get the better of you during an exam Tactical breathing techniques that combat anxiety Setting up a calming morning and evening routine Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/)...
May 29, 2023•13 min•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 Law -- specifically, the four mental states of criminal intent under the Model Penal Code. In this episode, we discuss: The definitions of each of the states of criminal intent: purpose, knowledge, recklessness, and negligence Analyzing several hypos that illustrate intent under the Model Penal Code Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-tool...
May 22, 2023•20 min•Ep 218•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about behaviors and habits that detract from productive studying and ultimately hinder your success on the bar exam. In this episode, we discuss: Sticking to the same study practices that have already proven they don't work for you Straying too far from your daily routine Negative mindset and self-talk Self-sabotage through stalling The dangers of a lack of confidence and over-confidence Resources: Private Bar Exam Tutoring (http...
May 15, 2023•13 min•Ep 217•Transcript available on Metacast Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Quick Tips" series, we're talking about what to say when you find out someone - your friend, partner, family member, or colleague - failed the bar exam. We also share tips about assessing the situation if the person who failed is yourself. In this episode, we discuss: How the conversation about bar exam failure should start Comments that could be seen as insensitive in the situation Letting the person decide if they want to tak...
May 08, 2023•13 min•Ep 216•Transcript available on Metacast 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•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•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 
