The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing things to keep in mind before deciding to take the shorter attorneys' version of the bar exam, if you're eligible for this option. In this episode, we discuss: Logistics of the attorneys' version of the bar exam In what cases should you consider taking the full version with the MBE? Pitfalls for attorney applicants that could le...

Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about making the decision to take the California (or other state-specific exam), or the UBE. In this episode, we discuss: Factors to consider when deciding where you want your law license to be Thinking about how the exams are really different What if you are struggling to pass the exam in a certain state? The score portability of...

Welcome back to the Bar Exam Toolbox podcast! Today we are focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against self-incrimination, and Miranda rights. In this episode, we discuss: Rules and scope of the privilege against self-incrimination The three ways in which the privilege against self-incriminatio...

Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the reasons people who went to very prestigious law schools sometimes still fail the bar exam. In this episode, we discuss: Distinctions between law school exams and the bar exam Contributing factors to failing, and which ones can be avoided What are some warning signs you might be on track to fail? How you can right the cour...

Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing an issue related to civil procedure -- the Erie Doctrine. We look at a step-by-step approach for answering questions in this area of the law when they show up on the bar exam. In this episode, we discuss: What is the Erie Doctrine? How and when the Erie Doctrine shows up on an exam question A two-step analysis for determining wh...

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, ver...

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 T...

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,...

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 ty...

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 d...

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...

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 comp...

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-te...

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 Equa...

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 discu...

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 rul...

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 hyp...

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? H...

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 specif...

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 episod...

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 taxpay...

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 yo...

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 Congre...

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 tha...

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 o...