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

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we share tips for what a solid personalized study schedule would look like, and have suggestions for how to stay on track with your schedule once you've put it together. In this episode, we discuss: Choosing between a commercial bar course study schedule and building your own What materials and tasks should be on an ideal schedule?...

Welcome back to the Bar Exam Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment. In this episode, we discuss: A brief review of the Fourth, Fifth, and Sixth Amendments The exclusionary rule and its related exceptions Statements made after a suspect has been given Miranda...

Welcome back to the Bar Exam Toolbox podcast! Today's episode is the second part of our discussion of joinder. In particular, we look at intervention, impleader (or third-party action), and class actions. We previously covered permissive and required joinder in episode 145 . In this episode, we discuss: The five types of joinder Intervention as a right and permissive intervention When impleader (o...

Welcome back to the Bar Exam Toolbox podcast! Last week we discussed the emotional fallout from a bar exam failure , and today, we're moving on to navigating the practical steps of retaking the exam. In this episode, we discuss: The most common reasons people fail the bar Analyzing why you failed and what you have to work on to succeed the next time Exploring different study methods When to start...

Welcome back to the Bar Exam Toolbox podcast! Today, we're chatting about the emotional challenges of a bar exam failure. We walk you through the first few days of frustration to finding the motivation to start studying again. In this episode, we discuss: Tips for processing bar exam failure so you can move on Knowing what your coping mechanisms are Getting ongoing emotional support Battling impos...

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about how corporations are formed, what happens when formation isn't completed, and the details of pre-formation contract liability.  In this episode, we discuss: How is a corporation properly formed? Characteristics of de facto, de jure, and corporations by estoppel Analyzing two hypos, from the February 2013 and February 2...

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants. Both are subtopics of Negligence under Tort Law.  In this episode, we discuss: A general review of negligence and duty The duty landlords owe to tenants with respect to maintenance...

Welcome back to the Bar Exam Toolbox podcast! As part of our "Listen and Learn" series, today we're focusing on one of the newest additions to the MBE portion of the bar exam: Civil Procedure. In particular, we take a look at claim preclusion and issue preclusion, also known as res judicata and collateral estoppel.  In this episode, we discuss: A review of the categories of Civil Procedure questio...

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law.  In this episode, we discuss: Brushing up on the subjects of negligence and duty The standards of care to which children are held What happens if a child is engaged in an adult activity? Duties that pr...

Welcome back to the Bar Exam Toolbox podcast! In today's installment of our "Listen and Learn" series, we're focusing on Real Property. In particular, we're diving into the tricky subtopic of mortgages and priorities.  In this episode, we discuss: What is a promissory note? Mortgages and purchase money mortgages What is a deed of trust? How the money from a foreclosure is distributed The recording...

Welcome back to the Bar Exam Toolbox podcast! Today in our "Listen and Learn" series, we're dealing with another topic from civil procedure. In particular, we discuss two of the five types of joinder -- permissive and required joinder.  In this episode, we discuss: A review of subject matter jurisdiction The five types of joinder When does someone have permission to become a party to a lawsuit? Wh...

Welcome back to the Bar Exam Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on the bar exam.  In this episode, we discuss: The elements of adverse possession Issues affecting the statutory period analysis The case of Howard v. Kunto   Analyzing two hypos involving adverse possession Resources: "Listen and Learn" series (ht...

Welcome back to the Bar Exam Toolbox podcast! Today, we discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which all involve someone speaking or writing about him or herself. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132. In this episode, we discuss: A...

Welcome back to the Bar Exam Toolbox podcast! Today, we're sharing some of the worst bar exam advice we've heard over the years, and what we think you should do instead to prepare for the exam. In this episode, we discuss: Bad Bar Exam Advice 101 Memorization techniques and learning styles How much law do you have to know for the bar? How we think you should approach studying for the exam Preparin...

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing when the Fourth Amendment to the United States Constitution applies, and how to determine if an unlawful search has occurred. In this episode, we discuss: The rules governing searches and seizures How to determine if an individual's Fourth Amendment rights have been violated How a government age...

Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we tackle the topic of regulatory takings, which is often tested in crossover essay questions that cover both Property and Constitutional Law issues. In this episode, we discuss: What constitutes a "taking"? Possessory and regulatory takings Distinguishing between the two types of regulatory taking...

Welcome back to the Bar Exam Toolbox podcast! Today, we have ex-BigLaw recruiter Sadie Jones with us to talk about common career-related issues to think about while deciding when and where to sit for the bar exam. We also look at the best way to approach your employer in each of these scenarios. In this episode, we discuss: How do employers generally think about the bar exam? Deciding where you sh...

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two more hearsay exceptions -- prior testimony and past recollection recorded. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132. In this episode, we discuss: A review of the definition of hearsay When is a declarant deemed unavailable as a witness? The rules for the prior testimony exceptio...

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues.  In this episode, we discuss: Reviewing the rules of the Confrontation Clause The relationship between Confrontation Cl...

Welcome back to the Bar Exam Toolbox podcast! We're coming up on the third online bar exam, and we're continuing to get questions from students and listeners about the best way to outline when using scratch paper is not possible. Join us for this episode as we share some best practices for outlining on the remote bar exam. In this episode, we discuss: How important is it to outline your answer? Ou...

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the Commerce Clause in episode 108.  In this episode, we discuss: A brief review of the Commerce Clause When the Dormant Commerce Clause comes into play What constitutes an unduly burdensome regulat...

Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing agent authority, which is one of the most heavily-tested issues on the bar exam.  In this episode, we discuss: Actual authority - express vs. implied The rules of apparent authority Other business associations topics that come up in combination with agent authority on an exam Analyzing t...

Welcome back to the Bar Exam Toolbox podcast! Today, we're going to explore covenants, a type of non-possessory interest in real property. You can find more on the topic of real property in episode 122, where we discuss easements.  In this episode, we discuss: The rule statement for covenants Restrictive covenants versus affirmative covenants The different elements needed to enforce a covenant The...

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two hearsay exceptions, and they are government/public records and business records. You can find more on the topic of hearsay exceptions in episodes 101 and 115. In this episode, we discuss: A review of the definition of hearsay The elements of the business records exception Evidence that is admissible under the government...

Welcome back to the Bar Exam Toolbox podcast! Today we're talking about strict products liability, which is one of the three theories of liability that can form the basis of a products liability claim.  In this episode, we discuss: The three theories of liability The rules of a products liability claim Who can assert a strict products liability claim and against whom? The three categories of defec...