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

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 an...

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 Analy...

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...

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...

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 in...

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...

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 TOOLBOX1...

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 t...

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 employ...

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 tec...

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...

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? Getti...

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 stud...

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 b...

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.spac...

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 Res...

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...

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 illustr...

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 A...

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 exam...

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 Rebuttab...

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 a...

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 Re...

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...

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 w...