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!

Requests

A quick post:

If anyone has requests for a visual study aid such as a flow chart or diagram or want memory devices or strategies that I have created for myself, simply contact me on twitter, my website (here via the contact page), or facebook. Additionally, please note that I will be updating my review on Studicata to reflect bonus content that they are offering as well as their new price point for this season, which is lower than the review currently lists.

Also, please let me know if any current uploads are unclear. I have been told that one or two are fuzzy but I was also told by some people that experiences that on our “study materials” section were able to get the material in a clearer former via my original blog post. If both are showing up as fuzzy for you, let me know.

Happy Studying!

Future Interests

Below is a diagram of Future Interests as currently understood. We are open to hearing what other people think, and will be sure to send out an alert should this diagram fall victim to revision when reviewing the topic. For now, enjoy and note that we turned the image into a link that will open a new tab in your browser so you can see it at a better size before deciding whether or not to save.

Open Future Interests in New Tab

Critical Pass Flash Cards – Discount & Free Shipping!

There are mixed perceptions when it comes to what were often referred to as “commercial outlines” or “commercial study aids” for use on finals in Law School. Some readers may have used them with varying degrees of success.

However, I have heard and read many positive things about Critical Pass Flash Cards and recently met up with a friend who had purchased them. I was impressed with the quality of the cards, and liked that they were color-coded because I have long used color-coding as a study tool. Further, if your bar prep course or understanding of a specific topic differs from what the card says, the back of the cards are lined and spacious enough for supplemental notes, writing a slightly different rule, noting a question to ask a former Professor or someone with your Bar Prep Course, etc. These flashcards cover the 7 MBE Topics on the Bar Exam; in other words, they can be beneficial and their material tested on any Bar Exam in the country, not just the UBE, which this website primarily focuses on.

The reason for this post is that Critical Pass is currently having a sale whereby you can receive both the physical flashcards and the Critical Pass Mobile Application. According to their homepage, this deal will currently save anyone who orders them $99.99 by giving immediate access to their mobile application with the purchase of their physical flashcards. On top of that deal, Critical Pass (as of today) is currently listing their sales price for their flashcards as $149.99, a further twenty dollars in savings from their original price of $169.99, and it is noted that their product has been updated for the July 2017 Bar Exams.

If you follow the first link to the Critical Pass homepage above and navigate through their website, you can read reviews from prior students who made use of Critical Pass, read about their methodology, F.A.Q’s, their disclaimer, and view samples.

I felt this information was worth sharing in a post due to the apparent bargain being offered now. While I would be lying if I said I was not considering making the purchase to supplement my studying, I like that the cards are informative, can be customized, that the mobile application is temporarily included (for one year) on top of the sale they seem to be having, do not interpret this post as a suggestion to spend additional money or an endorsement as to the efficacy of the product – I have no means by which to judge them at this time. I did feel that it was worth mentioning, though, and in line with the current focus of this website.

If you would like to purchase Critical Pass Flashcards, I would recommend doing so while the aforementioned sales are still available. If you are interested in making a purchase, get $10 off here: http://criticalpass.refr.cc/ubestudying

Finally, in the interest of full disclosure and incorporating a disclaimer of our own, for every person who uses the code, I receive a $10.00 paypal credit for every person that uses the above extra discount and free shipping (I would assume the free shipping does not apply to any rushed shipping, probably only standard shipping). Finally, no contributors to this website are employed by or affiliated with Critical Pass and the positive opinions expressed are my own, based on my observations, research, and the timing of their sales as well as the additional $10.00 discount and free shipping.

Any decision to purchase Critical Pass flashcards or other products of theirs are therefore your own and should be made after doing your own research. In the meantime, if anyone has used the cards in the past please feel free to comment your opinion on them via a comment or our “Contact” page.

Estates Diagram

Please note that I am aware of how small the chart appears in post format and will be looking into ways to resolve this issue, whether it actually results in having the full sized chart show appropriately or inserting a sort of shared dropbox where the files can be downloaded from. In the mean time, right click, select “save image as,” and once you have saved the image open it. It should be the appropriate size and if not, simply zoom in. Apologies for any inconvenience!

estates chart