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 CATS BAFFFLERS(note the extra ‘f’). Conspiracy, ATtempt, Solicitation (the inchoate crimes), and Burglary, Assault, Forgery, False pretenses, First degree murder,
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?

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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 😉

Of Supplements, Bar Studying, and Discounts

A lot of people have inquired of me about my opinion on supplements. I personally feel that if you are wondering about supplements for bar preparation, there is usually a reason or area that you have come across that is troubling or confusing to you.

In such situations, I think it wise to purchase them sooner than later – you do not want to be 2 weeks out from the exam and purchasing a product to desperately drill and hope some information soaks in for the MBE or MEE.

I have made plain how I feel about Studicata and its utility and you can find my full review here: Studicata Review and Discount or simply click right here and utilize my discount code, which will save you 15% off your purchase.

There are also people who have asked about Critical Pass flashcards and as far as they go, it depends; did flashcards work for you in law school? If so, they are quite comprehensive and meant for the MBE and you can find my discount code for them HERE.

Finally, stay tuned for visual aids/new material from me this week!

Bar Tips to Keep in Mind – Not Fall Behind!

Just some broad tips to help ease the pain and stay on track. I know it is memorial day weekend everyone is likely to be off on Monday and perhaps you have not fallen behind, but may fall behind due to some sort of festivities, be it a barbecue or a birthday. I also have noticed on top law schools forums (TLS is great, their bar prep/discussion forums are here and worth checking out) that there are people behind “already” to use their words and are on the panic train. But fear not! I have you covered.

  1. Keep track of your time and budget it wisely from the start. If you are taking the UBE and are NOT sure how to allocate your time I suggest locking down the “big 7” MBE topics and the MPT first. Why? The MBE is 50% of the score, your MPT’s are 20%, and since the big 7 are fair game for the MEE, assume conservatively (this can be argued, but since there have been recent test sessions with as many as 4 MBE focused or related essays, I will call this a conservative estimate) that 2 of your 6 essays are either entirely MBE topics or that they will be mixed in with hybrid essays, such that they account for a portion of your total score equal to two essays. That would mean that the Big 7 and MPT’s alone can add up to 80% of your total score.
  2. As Bar Prep begins, make sure you stay on top of practice essays and MBE question sets to identify what subjects  or subtopics need attention (i.e. identify your weak points and study, practice, review, practice, study, practice, then repeat).
  3. DO NOT PANIC! Remember, this exam is only as much of a beast as you make it, and you have invested time in law school and internships/externships/clinics/law reviews, and so on.
  4. Use what you know! Cant fit any more mneumonics, acronyms, or songs into your brain? Use what you know best and try analogizing. Have a book or movie series you know by heart? A lot of rules and tests can be put into the context of your choice. Have a memorable law school moment or real life experience that applies? Then use that – whatever works best!
  5. Do not be afraid to ask for help! If there is a major subtopic you do not understand, reach out to someone, whether it be someone at a bar prep company or a study buddy or people online, whether it is one of us, a friend, a discussion or thread in a forum (top law schools appears to have fairly lively, and multiple, bar prep threads/discussions).

Note: These are 5 tips specific to the bar exam, but make sure that you are getting enough sleep, shoot for exercise of some sort for 30 minutes a day, eat healthy and get your essential vitamins and proteins!

Evidence Hearsay Flowchart

Good Afternoon All,

Below I have attached two image versions of the hearsay flowchart I created today; initially a friend was supposed to do it, but he incorporated state law distinctions which made it very lengthy and more complicated than what UBE takers need. As always, feel free to contact me (or a member of our little team here) with questions, comments, concerns, requests, etc., via the Contact Page or via our instagram (ubestudying) or Twitter @UBEstudying.

The reason for the two images is that one seems to show color better than the other, but I also have them in two different sizes. If you are saving and printing, just make sure to select the “fit to page” option 🙂

Hearsay Diagram 1

hearsay diagram2

Happy Studying!

-BBB