July Homestretch Motivation

Hi all,

I wanted to do a quick post after consulting my calendar and realizing that not only is it July 1, but in give or take 20-some days you will be sitting for the Bar Exam. I just want to say and for you to know that AHHHH OH MY GOD THE NEVER ENDING SUMMER IS NOW TOO CLOSE TO ENDING AND YOU SHOULD BE BUGGING OUT!

Apologies, but I know that the majority of you are feeling at least some component of the above statement and wanted to reassure you that is normal, both for first time takers and repeat takers. First timers, it will be a new experience for you and it is unlike any exam you have previously taken and you are probably nervous or afraid and may  be taking the exam in very unfamiliar locations. Repeaters, I think it’s a safe bet to say there is a fear of not passing again and like first-timers, you may also not be in an ideal or familiar location. It doesn’t matter.

Stay calm, and study on. Give yourselves credit for the amount of work you have put in thus far, and keep practicing and reviewing. Remember: mind over matter. Whether you are a bit (or very) scared, anxious, uncomfortable, or anything of that sort, sit down with a sibling or parent or – if they are not taking the exam – a very good friend, and just start talking about the law, talk about issues and how or why X doesn’t matter because the law states you need Y and Z. Literally verbally regurgitate what you know or recall, even if you decide to record yourself or simply read material out loud. I found that doing so tended to boost my confidence, underscore the result of all the time and hard work I had put in, and also illuminate areas that required clarification.

I know that July 1st seems to have this psychological effect on a lot of examinees despite the fact that, from another point of view, it’s just one day fewer than you had yesterday. Be confident, be strong, and do not let last minute nerves or fear of not passing send your study schedule/system into disarray or deter you from sitting for the exam. To paraphrase Nelson Mandela:

Courage is not an absence of fear, but the strength to overcome it.

 

 

Tips, Tricks, Strategies, and Examples

Hello Examinees!

Due to requests, I decided to post some of my memory devices for various areas of law. I will endeavor to continue adding additional topics and subtopics, but for now I figured I would post what I have.

Criminal Law:S_64271a8f-750a-4912-b35e-acdb873ef200SELRES_64271a8f-750a-4912-b35e-acdb873e
For criminal law, I focused on intent because not only can you list out crimes by memorizing the different categories of intent, but you know which defenses can apply to a crime in light of its intent requirement.
SPECIFIC INTENT: Specific Intent crimes are a CATS BAFFFLER (note the extra ‘f’). Conspiracy, ATtempt, Solicitation (the inchoate crimes), and Burglary, Assault, Forgery, False pretenses, First degree murder, Larceny, Embezzlement, Robbery.
GENERAL INTENT: “I learned General Intent Crimes in My KRIB. Manslaughter, Kidnapping, Rape, false Imprisonment, and Battery.

Evidence:
This may look familiar, as my law school professor and some supplements and at least one bar prep program use it but here we go:
Hearsay EXCLUSIONS (no unavailability required) “I Learned Hearsay Exclusions on PBJ PAPERS.” Learned: learned treatise; PBJ = public records, business records, judgements of prior convictions; PAPERS: Present sense impression, Ancient documents, Past physical condition [for med diagnosis or treatment], Excited utterance, Recorded recollection and State of mind (present state of mind).
NOTE: If it works better for you just PBJ PAPERS or vice versa, but while it is not heavily tested for some reason it seemed for class and bar prep one extra one that is tacked on is learned treatise so that is why I made it into that sentence. There are other exclusions which do not require unavailability but I’m assuming/from my experience are scarcely tested like vital statistics and family records under the same provision [FRE 803].
Hearsay Eexemptions: “HE Packs A Powerful Punch” (Hearsay Exemptions: Prior inconsistent statement, Admissions*, prior consistent statement, and prior statement of ID;
*on admissions: ‘admissions run on C-JAVA’ or alternatively ‘admissions run on Coffee & JAVA [Co-conspirator, Judicial, (And) Vicarious Admissions].
Non-Hearsay uses of out of court statements that are valid LIKE Me – Independent Legal significance (the order of the L and I are reversed but it never hurt me), Knowledge of listener, Effect on listener, and [state of] Mind (or Mental state).

Torts: Here I used analogies (Harry Potter, specifically the Chamber of Secrets)
Assault: Ron assaulted Draco even though Ron suffered the harm and was the initial aggressor because [Draco’s] words are inadequate provocation and thus by casting the Slug-Vomiting charm, Ron put Draco in imminent apprehension of bodily harm.
Battery: Draco could have battered and would have battered Harry but for the fact that they were in a dueling club amidst a dangerous climate in the school, so consent is implied at the very least.
Transferred Intent: One could further argue that Justin Finch-Flechy was also assaulted by Draco via the snake he conjured because there was intent which was transferred (i.e. transferred intent applies to assault) and Draco’s action put Justin in reasonable apprehension of an imminent harmful or offensive contact and thus Justin can recover nominal but in same cases punitive damages. However, a court could rule either way depending on whether they find that Justin’s presence at the dueling club constituted implied consent.
Then if you want to have some fun, pretend one of them won their claim or that instead, Justin or Draco’s parents sued Lockhart and Snape for negligence. Look to the standard/duty owed in the situation and whether it was breached, the cause of the injuries (but-for and proximate causation), and the injury at issue (damages!).

I hope people find some of these to be helpful and at the very least demonstrate some of the alternative and suggested methods of memorizing the law. Any feedback is welcome!

Study hard!

Monday Motivation

Hello Bar Examinees!

Is this you?

wp-image-1002901083

Well that’s okay, everyone should take the Bar seriously. The key is to keep pushing. Remember, this may seem overwhelming, but it is temporary.

Some wise words to go by – and remember, mind over matter!

Whether you think you can or you think you can’t, you’re right. —Henry Ford

EDIT/NOTE: I know this was not published Monday. I scheduled it to be published Monday – or so I thought – and for whatever reason it did not get posted. However, the message and point are still valid despite it being a Tuesday 😉

Bar Motivation

As the big day gets closer and study days get longer, I know some (if  not many) of you will need or be looking for an extra something to keep you grinding and drilling. Thus, the “Bar Motivation,” Page.

To celebrate this inaugural motivational post, a quote from a longtime favorite of mine – J.K. Rowling:

It is our choices that show what we truly are, far more than our abilities.

Choose to push forward, to know and identify your weaknesses and strengths, to practice and work like never before, and go into the Bar Exam on test day knowing that you made the right choices. Do not allow poor performance in one area or struggling in one area stop you or bring you down, but rise to the occasion.

 

A Fresh Start & Welcome

Hello Bar Examinees!

The time has come, the time some of you have been dreading and others probably repressed any thought of the workload associated with Bar Preparation.

Repeat takers or prior visitors to this website will probably notice that I have archived a significant number of posts. Part of that is due to the nature of some posts relating to the amount of time left before the exam. For example, I usually post something in or around mid-June or January, and do the same at the beginning of July and February and sometimes the last week or two weeks. Other posts that I archived were brief posts on lifting spirits and motivating or trying to provide brief comedic relief that only law students, graduates, examinees, and so on would understand find funny. Finally, I also plan on revamping the site in some aspects as time allows, so it made sense to me that I would

I will also be posting additional materials that I make as time allows, and I have also archived posts on suggested alternate methods of studying with examples. Below you can find discount codes and product reviews as well as diagrams and flowcharts I have uploaded. I will also be posting a poll or two to see whether there are requests for a certain topic or subtopic to make some sort of study aid for, as well as a poll on progress because I did that this past February and it was a popular post that gathered a good number of responses. For any other questions, concerns, or comments, please feel free to leave a message in the comment section or contact me via the contact page, on twitter, or on facebook.

Happy Studying!