The Bar Exam Dossier

So you failed the MPRE?

2011-09-08T12:09:00.001-07:00

So you didn’t pass the MPRE the first, or second, or fifth, time around. What did you do wrong? What can you do differently?

First and foremost, do NOT beat yourself up. This does not mean you didn’t study hard enough (though maybe it does!), or that you’re not ethical, or that you don’t know the rules. It could be that you didn’t study the RIGHT way.

1) What you needed for professional responsibility class is not identical to what you need for the MPRE: The course that many of you are required to take, called professional responsibility or ethics, is not necessarily geared towards helping you master the MPRE. Some professors may bring up the MPRE, or give you practice MPRE questions, but most are geared towards discussions, towards the gray area and towards what we SHOULD do as professionals. The MPRE tends to focus on where the rule draws the line.
2) Pay Attention to Key Words: Sometimes it’s not that you don’t know the rule, or even how to apply it, but you misread the question. Maybe the question asks about civil liability, which means was the attorney negligent, versus is the attorney subject to criminal sanctions, litigation sanctions or discipline. The difference is very distinct, and sometimes the answer can change drastically based on those little words.
3) Study by practicing, and learning from the questions: The MPRE is a test that you master by practice, not by continually reviewing substance. Yes, you DO need to know the rules, but merely reviewing the rules over and over again will not do the trick. You need to practice the questions, and learn from those questions. Master the way the rule is applied, and why one question turned out one way, while another turned out to have a completely different answer. Students are tempted to assume that they don’t know enough rules, but that’s not necessarily the case, sometimes it’s the way those rules are applied.
4) Pay attention to nuances: One thing to learn from the questions is the tiny nuances you might not pick up studying the rules. For instance, you might master the rule that you can not comingle funds, and even have the exact rule number memorized verbatim. However, only the questions will show you the various ways that rule gets applied, and that’s how you REALLY master the MPRE

LawTutor's President gets Young Lawyer's Chair

2010-08-13T08:56:00.000-07:00

Which, is an ACTUAL chair. So, pretty soon we will have an actual Captain's chair in the LawTutor's office, to commemorate all of the wonderful work Tania Shah, our fearless leader, has done!

What NOT To Do In Law School , Free Pre Law Workshop

2010-08-05T07:49:00.000-07:00

Join us for a FREE workshop on What NOT to do in law school, or rather, how to succeed your first semester of law school without losing your mind!

When: September 12, 2010.
Time: 12-3pm
Where: LawTutors’ office
1674 Beacon St, Suite 2
Brookline, MA 02445
Cost: FREE, and materials will be provided.

This workshop will be given by LawTutors’ President Tania Shah, and Vice President Melissa Gill, who are also adjunct professors at the University of Massachusetts Dartmouth School of Law, and who also teach the Law School Prep Course available on eCasebriefs.com (http://www.ecasebriefs.com/blog/category/law-school-prep-course/).

The seminar will go over:
• How to prepare for class in a time effective manner
• The importance of your first year grades
• How to brief a case, and make that brief work for you
• Demystifying the outlining process
• How to synthesize your notes, and how to USE your outline.
• Time management skills (ie, how not to become a hermit or lose your mind!)
• Using practice exams to your benefit
• Finally, what is IRAC and why it should be your new best friend!

This seminar is absolutely FREE, you just need to RSVP by September 9th, by emailing info@lawtutors.net or calling the LawTutors office at 617-738-4800.

Read this book before you start law school

2010-08-03T08:00:00.000-07:00

I'm serious. Pick up Nancy Rapoport's Law School Survival Manual. I can't recommend this book enough, it really does tell you all you need to know about your first year, and beyond, in a witty and easy to read way. In fact, as I read this book I kept thinking "I ALWAYS tell my students that, and they NEVER listen" - so pick up this book and LISTEN to Nancy, she knows what she's talking about, and you will benefit your first year by taking her advice.

I'll leave you with a blurb from the book, because it can not be stressed enough that, yes, you need to know EVERYTHING your professors say. Now click on the above link and buy the book!

“want to give a law professor an honest to goodness nervous tic? All you have to do is raise your hand in class and ask the question that didn’t seem to bother your lecturers in undergraduate classes; “Do I need to know this?”

FREE Online Pre Law Course

2010-08-02T11:02:00.000-07:00

So, yours truly, along with our fearless leader, Tania Shah, recently filmed an online course about what to expect your first year, and how to succeed your first year.

The course has study tips about how to prepare for your classes, what to expect in class, how to read and brief cases, how to write in IRAC form, what to expect on exams and last, but certainly not least, a substantive overview on the topics you are most likely to see your first year.

Best of all, this is all free! Just go to http://www.ecasebriefs.com/blog/category/law-school-prep-course/, create and account, and start watching! There are over 20 hours of video, and practice questions. And yes, since this is free, Tania and I do accept gifts, preferably chocolate and wine! You know, after you have an awesome first semester with fantastic grades, thanks to us!

FREE BAR EXAM SEMINAR

2010-05-11T10:34:00.001-07:00

FREE
BAR EXAM WORKSHOP

Failed the bar and don’t know why? Or what to do next? Or maybe you’re a first time taker that is worried about how to approach studying?

We have an answer!

Join us for a FREE LawTutor’s Bar Exam Workshop.

When: Saturday, May 22, 2010 12 noon -2pm

Where: LawTutor’s Brookline Office (1674 Beacon St)

Who: Anyone who is a bit curious about what they can do differently for a second bar, or first time takers that want to make sure they study effectively.

What: Get tips and advice on how to how to study differently than you have before, how to study more effectively, how to apply the law and not just memorize it and much more! For instance, learn how to tackle MBE questions by learning from your mistakes, how to “track” MBE questions, and the benefits of learning from your past essays! Also, learn how to look at the law through a “Big Picture” so you do not get overwhelmed!

For more information or to sign up call 617-738-4800 or email info@lawtutors.net

This seminar is FREE, but will not be held if less than 8 people RSVP. You MUST RSVP to attend.

Things You Should Know About Con Law

2010-04-22T20:29:00.001-07:00

If you are a first year law student, most of you are most taking constitutional law. At first glance, this might seem like something you learned in high school civics. However, as it has become clear by now, that’s not the case. So, a few tips on what you need to know for constitutional law!

I. Equal Protection and Due Process are different. Sure, they overlap a lot, but you absolutely need to understand the difference. When we classify people, by any classification (race, alienage, hair color, profession) we are in equal protection territory. If, however, you are dealing with something that applies to everyone, and is a “right”, we are dealing with Substantive Due Process (ie, abortion). Sure, there can be overlap – with the issue of same sex marriage, we have equal protection issues (sexuality) and rights (marriage), but you STILL have to take one issue at a time.
II. Know your scrutinies. Don’t paraphrase them, know them, memorize them, tattoo them on your forehead. Strict scrutiny means that the government has the burden of proving the statute is narrowly tailored to a compelling government interest. Intermediate scrutiny means that the government has the burden of proving that the statute is substantially tailored to meet an important government interest. In rational basis the plaintiff has the burden of proving that the statute is NOT rationally related to a legitimate government interest. Know who has the burden, make a chart to when these apply and memorize it.
III. Don’t dismiss an issue. A lot of my students fail to bring up certain issues because they think the plaintiff will not prevail. This is not a good idea. For instance, they see someone classified based on hair color, correctly assume that, in that case, rational basis would apply, then never bring up equal protection since the government would most likely win. This may be very true, however, I am almost certain your professor STILL wants you to bring up the claim, and explain WHY the plaintiff would not win.
IV. Congress can’t do anything it please. Know that Congress has limited powers, namely the power to regulate interstate commerce and the power to tax and spend. If you see a fact pattern where Congress is acting, make sure they actually have the power to do so.
V. Don’t invent rights. We honestly don’t have that many, so don’t make them up. I would make a chart, outlining the rights we DO have (the fundamental rights, like the right to privacy, to marry and to vote) and then highlight those rights with examples from cases you read in class. Don’t assume we have rights that were NOT mentioned in those cases.

Above all else, do not be afraid to ARGUE. That is mostly the point of training to be a lawyer!

Exams Just Around the Corner!!!!!!!

2010-04-16T10:13:00.000-07:00

Yippee? I know, not quite. And no, I’m not going to lie and tell you “it’s not that bad” or anything else equally as ridiculous. It IS bad, BUT, there are certainly ways to deal. So, what are those ways to deal?

1) Be calm. Hey, I can see you rolling your eyes at me! Stop that. I’m serious, remain calm. Anxiety and stress are yet two more foes for exams, so please do not indulge them. The more anxious and stressed you are, the less likely you are to remember things. Who wants that?

2) Take One Thing At A Time. This is part of the answer to “ok fine Melissa, but HOW do I remain calm? Have you TAKEN law school exams? Do you KNOW what kind of pressure I am under?” Yes and yes. And honestly, If you feel yourself becoming overwhelmed; stop, breath, grab some chocolate and make a to do list. Then, tackle one thing at a time. That’s all you can do. Stop stressing about how many exams you have, and how many more cases you have to read, and how you haven’t started outlining and oh my god I haven’t even done a practice hypo yet………and just resolve to tackle all of this one step at a time. That’s all you can do, AND once you resolve to do that, you will feel calmer, and trust me you will get more done. Because stressing about how much you have to do doesn’t ACTUALLY get any of it done.

3) Practice, Practice, Practice. Yes, I know how much work you have to do. Yes, I know that writing out practice exams is not exactly your idea of fun. Well, suck it up. However, please believe me when I say that nothing prepares you for your final exams like practicing for them. You wouldn’t go on stage and sing without first practicing (drunken karaoke aside! And really, let’s not treat exams like karaoke!), if you were on a sports team and had a game coming up, again, you’d practice. So why are exams any different? Some schools have exam banks where professors put up old exams – use them, practice them, love them. If your school does not, seek out upperclassman, or look to books like Examples and Explanations (or LawTutor’s own Big Pictures, Little Essays) for help. But the key is, you have to practice issue spotting, practice writing the rules out, and practice the analysis. There are no short cuts to this.

4) Outlining. There is no perfect outline. You don’t get extra points for completing one, or for color coding it. The purpose of an outline is to help you review. You probably have about 100 pages, give or take, of class notes. You can’t just sit there and re-read them, not only is that boring, but it’s not of any help. You need to DO something with those notes. Outlining is that process; take the class notes and condense them, figure out what is important, etc. You can also use, as part of this process, charts, flashcards, flowcharts. All of those things help you review and condense the information you have. Also, think about what your exam will look like, and what your professor is expecting, and prepare accordingly. For instance, for my constitutional law course I had a professor that really liked it when you argued both sides, and really really REALLY liked when you could compare and contrast her facts to previous cases (in the legal world we call that an ANALYSIS). So, how did I prepare? I made a list of cases, arranged by topic, including a few lines of important facts, as well as the holding. My entire list was about 5 pages long: it wasn’t intended to be comprehensive, but merely to give me a quick reference guide when I was reviewing the night before.

5) Don’t Memorize. Sure, some rules you have to memorize, and some language is important – this is a given. But this is not college or high school – merely memorizing rules or cases will not get you that A exam. What WILL get you that A exam is knowing what to DO with the rules and cases. Again, we call that an analysis. This means you can’t just memorize words, you have to understand them. A little trick I learned – if you can’t explain it to someone else, you don’t know what it means. So, what I would do is take your class notes (which should have applicable rules in them), and rewrite them, in your own words. Or, rewrite them with examples. If you can’t paraphrase something, or think of your OWN example, you probably don’t get it as well as you need to, so this is an area you should focus on. If you can’t “get it” on your own, seek out a professor, a TA, a tutor (like me!) or an upperclassman. Even classmates can help, but be weary, they don’t always know more than you!

So, hopefully that will help you survive until June! Good Luck!

Torts Tips!

2009-11-18T12:17:00.000-08:00

For most of you that are in your first year, finals are coming up, and torts is of great concern. The bad news? Before law school, you didn’t even know what a “tort” was. The good news? It’s the one subject in law school you’ve probably heard a lot about – everyone has seen those “Have you been injured in a slip and fall accident?” commercials!!!

So – how to succeed on your exam? I’ve decided, in the Thanksgiving spirit, to compile some Torts Tips, and then you guys can be thankful when exams are done!

1) Issue Spotting: for many, the tricky part of torts is issue spotting. Remember that most facts are in the hypo for a reason, so what I do to spot issues is line up important facts on one side, and then on the other side, write the tort. This way, you know you are not missing anything. Also, if you forget a tort, and this will happen, you don’t just disregard the facts. For instance, you see that Bob punched Jim, so you write that down in one column, but then you forget that hitting is usually battery. This way, you can at least mention that Bob punching Jim is a tort, even if you can’t articulate that it’s batter. You won’t get the full amount of points, but you will get some credit for knowing that the facts are important.

2) Intent v Negligence: An intentional tort can not be done negligently. Negligence can not have intent. There are no exceptions. Negligence is always an accident, that’s why we call it negligence. If there is any intent, it is an intentional tort.

3) Vicarious Liability. It is very important to understand this concept, so important that I wrote an entire article on it! Go here http://thebarexamdossier.blogspot.com/2009/10/vicarious-liability-what-it-is-what-it.html

4) Torts before defenses. Think of your exam like going into court; you have to first establish the prima facie claim before bringing up any defense. So many people want to just state “Bob did not commit battery because there was self defense…”. You have to FIRST establish there was a battery, THEN establish a defense. It makes sense, if you are a defense attorney, why would you bring up a defense before the plaintiff made out a claim?

5) Bad things happen to good people. And sometimes no one is responsible. It’s so tempting to think that everything that goes wrong is automatically a tort. It isn’t. Not every car accident is a result of negligence. You need to meet all elements of the tort, and sometimes an accident does not meet the requirements of negligence.

6) Negligence, negligence, negligence. This will most likely be heavily tested. Remember that to prove a claim of negligence, the defendant has to have a duty (usually you can put in “duty to be a reasonable…whatever it is that they’re doing”), they have to breach that duty (remember, no breach, no negligence!), that breach has to cause an injury (both the actual and proximate cause) and there has to be an injury.

7) Strict liability is rare! It only occurs in 3 ways – wild animals, products, ultra hazardous activities.

On top of all of that, just remember to always explain WHY. This is the most important part of any exam; do not just restate rules, but explain why those rules are applicable to the current fact pattern.

GOOD LUCK!

So You Failed The Bar?

2009-10-29T08:11:00.000-07:00

It’s not the end of the world. Trust me on this. And yes, I know you’ve all heard stories about successful attorneys that failed the bar the first time around. Hey, If JFK jr couldn’t pass………but it doesn’t make you feel any better. I know. So, take a day or two to wallow. You have my permission. Turn on silly movies, grab the Ben and Jerry’s, and curl up on the couch.

But then stop. And realize this is not the worst thing that could ever happen to you. And realize that there are PLENTY of people in the same boat as you, and ALL of you will do just fine.

I know this because most of the students that come to me for private tutoring are repeat takers. And those students end up passing the bar. And they end up getting jobs, and then no one cares that they failed, or how many times they failed. You just have to pull yourself up by your boot straps, realize that you need to do something differently, and try again. I had a student take the bar 13 times, come to me for the 14th, and finally pass. Talk about dedication! If he can tough it out, so can you!

So, why did you fail and what can you do differently?

1) Didn’t put in enough time. This is rarely why students fail. Trust me. Most of my students put in PLENTY of time the first time, and I’m sure you did as well. But, on the off chance that you feel you just didn’t work hard enough, work a bit harder next time. (but please trust me when I say this is RARELY the case).
2) Did not study effectively. You might have put in HOURS and HOURS and HOURS in the library, on your couch, and everywhere else, but perhaps you were doing the wrong thing. I had a student who literally spent 12 hours a day in the library reviewing outlines her first time. Didn’t pass. Why? She was JUST reviewing outlines. Nothing else. This is not effective studying. You need to be doing something active, and merely reviewing outlines time and time again won’t cut it.
3) Your bar review didn’t work for you. Everyone learns differently. There is no “right” way to learn, and thus, no one size fits all bar review. Maybe you need more hands on, one on one help. Maybe you need live lectures instead of a video, or vice versa – maybe you need a video or dvd you can rewind. Maybe you need to spend more time doing questions and less time listening to lectures.

Those are the common themes I see, and most often it’s #2 and #3 that are the problem. How to change?

1) Capitalize on what has worked for you in the past. No, that doesn’t mean that studying for the bar exam is exactly the same as studying in law school. But you know yourself well enough to know what works.
2) Find our how you study best. Are you a visual learner? Audio? Do you need to draw lots of charts and graphs? Figure this out and then run with it. If you’re not sure, then seek out a private tutor (they can also help you figuring out where you went wrong – one read of my student’s essays, and I can figure out how to direct them)
3) Most importantly – DO SOMETHING DIFFERENTLY. The definition of insanity is repeating the same behavior and expecting different results. No one needs insane lawyers, so do something different! Shake it up – find a new bar review, find a tutor, find a new place to study, find new books, try to do more practice questions and less reviewing of your outline.

Whatever you decide, the important thing is to not give up. You can and will succeed.

How To Study For Exams

2009-10-21T13:34:00.000-07:00

Most of you have completed midterms by this point, if your professor gives them. You are also probably starting to get into study mode for finals.

So, in the Halloween spirit (because it’s my favorite holiday), I’ve decided to give you some treats. Now, while I can’t give candy over the internet, I’ll give you study tips instead.

1. Use old exams from your professors. Most professors have these available either online, or through your library. If they are not available, talk to your professor, ask if you can practice with old exams. There might be a good reason why he or she hasn’t made them available, or, perhaps it slipped their mind and your request may impress them! Either way, this is the best way to prepare for your exams. First and foremost, you need to practice your writing. Secondly, using your professor’s old exams will give you a good idea of how they write fact patterns and what they are looking for.
2. Use your professors. Go talk to them. Ask for feedback. It is their job. If they were kind enough to give you a midterm or any practice exams, pay attention to the feedback and even ask them to expand. I give my students practice essays before the actual exam, and I always give a great deal of feedback. If your professor does this, thank them and take it seriously. Visit them during their office hours and ask how you can improve. If they don’t give you midterms or practice exams, write something on your own and ask for feedback. They are your best resource, so use them!
3. Do not listen to classmates. They might mean well, they might not. Either way, everyone is different, and they don’t necessarily know anymore than you. Just because the guy that sits next to you in Torts spends 12 hours in the library doesn’t mean that will work for you. Everyone has different learning styles, so don’t try to mimic someone else.
4. Practice makes perfect. Just like I said in 1, practicing your writing is the best way to prepare. Reviewing outlines and notes will only get you so far. If your professor doesn’t have old exams, find something like LawTutor’s Big Pictures, Little Essays or Examples and Explanations. These are books that have sample hypotheticals and sample answers.
5. Learn to apply facts. Learning the law is only the first step. Applying it is the most important step. Take the books I mentioned in 4, or make up fact patterns with your study group, and practice your analysis. The more you do this, the easier I gets. When I was taking constitutional law, I used to meet with my professor and run different fact patterns with her. Not only was it actually fun, but it helped me fine tune my skills. This is what a lawyer does; a client comes in, and gives you facts. You need to then apply those facts to the law. This is also what you need to do on exams.

So, Happy Halloween, and Happy Studying!

Vicarious Liability; what it is, what it isn’t

2009-10-10T08:59:00.000-07:00

So many students, by the time they get to me when taking the bar, are horribly confused on vicarious liability. (It should be noted that this is the same thing as respondeant superior, but I find vicarious liability easier to spell, so that’s what I’m using!) So many first years are confused about it as well. If this describes you, do not be alarmed, you are not alone! Also, do not distress, it’s one of the more difficult aspects of Torts to grasp, so your confusion does not make you an inept or incapable law student. It makes you normal! (well, as normal as any of us law types can be anyway!)

So, here is the nitty gritty on vicarious liability.

Basically, if vicarious liability applies, that means you are responsible for the torts of someone else. You do not have to be negligent in any way, you’re just on the hook. Think of what the term “vicarious” means outside of law school; when you say “oh, I want to live vicariously through you”, you mean you want to sit back and live that persons’ life, or reap the benefits, without doing anything. Same for vicarious liability – you get to sit back and be liable without doing anything.

So, how is this fair? Well, we only apply vicarious liability to certain relationships; the most common being employer/employee or agency relationships. For one to be vicariously liable for the torts of their employee, the person must 1) be an employee (do not forget to analyze this element. If they flat out tell you the tortfeasor is an employee, fine, no analysis needed, but otherwise in an exam you should show why the tortfeasor is an employee, not an independent contractor, since vicarious liability does NOT apply to independent contractors) and 2) acting within the scope of their employment. For an agency relationship it’s much the same; 1) is the tortfeasor an agent, 2) acting to benefit the principal.

That’s all you need. The employer or principal does NOT, let me repeat that again, does NOT need to be negligent in any way. Do not confuse this with negligent hiring or failure to supervise.

So, what does it mean to be “acting within the scope of your employment/agency?” Well, essentially, is the tortfeasor’s actions going to benefit the employer or agent? For instance, (ex 1) if I send my assistant to get me fountain soda down the street (I do this quite often as I have an unhealthy addiction to 32oz glasses of sugar) and he takes my car and hits someone, he was acting within the scope of his employment, since he was acting to benefit me. (Really, I’m not a good lawyer, professor OR tutor without that sugary caffeine). That means that I, as the employer (or more precisely, LawTutors, LLC) is responsible for his negligence. If you notice, the company did not do anything. LawTutors did not tell him to drive recklessly, nor was LawTutors in the car with him. But my assistant WAS acting within the scope of his employment, so by default, the employer (me or LawTutors) is vicariously liable.

Some people will tell you that vicarious liability only applies to negligence. This is not true. It is just true that it more commonly applies to negligence. This is because it is rare that an intentional tort is within the scope of someone’s employment. For example; (ex 2), what if you are on a plane, and the flight attendant comes by your seat, and not liking your wardrobe choice for the day, punches you? You would not be pleased. In fact, your first inclination might be to sue the airline. Well, the flight attendant is most definitely an employee, but was he or she acting within the scope of their employment? Certainly not. I would find it hard to believe that the flight attendant punched you to further the goals of the airline. If they did, the airline has really strange customer service, even for an airline. So, there is no vicarious liability in this example.

However, (ex 3) what if you are at a bar, (I know, law students are too busy studying for that, but go with me on this hypo…..) and the bouncer roughly “bounces” you, committing a battery. Is the bar vicariously liable? Well sure! The bouncer is an employee, and “bounced” you roughly to benefit the bar. That’s essentially what a bouncer does, so unlike the flight attendant example, the bouncer WAS acting within the scope of his employment. What if the bar specifically said “when bouncing people, don’t be too rough”? Well, the bar is STILL vicariously liable because you can not, as an employer, simply avoid vicarious liability because you tell someone NOT to commit a tort.

Now, going back to example 1. There is most certainly vicarious liability, but could there be other kinds of liability on the part of me or LawTutors? Potentially! What if I knew my assistant was an awful driver. I knew he got into accidents at least twice a year, that he never looked where he was going, constantly disobeyed traffic signs, and to top it all off, was constantly texting while driving. And I was perfectly aware of all of this when I handed him my keys. Now, not only am I vicariously liable (as discussed above) but I may also be liable for my OWN negligence; for giving car keys to someone I knew was an awful driver. This is the most important distinction to make – they are SEPARTE torts. DO NOT, under any circumstances, combine the two. I see students analyze vicarious liability all the time in a hypo similar to example 1 by saying “LawTutors is vicariously liable for assistant’s actions because he was an employee and they gave him the keys knowing he was a bad driver”. NO NO NO. TWO SEPARATE torts. DIFFERENT torts. Hammer that in now, and repeat with me- SEPARATE TORTS.

Let’s do another. In example 3 with the bouncer, we have already established that the bar would be vicariously liable since the bouncer was acting within the scope of his employment. Now, let’s add to the facts. What if the bar knew the bouncer had a history of violence? The bouncer’s background check revealed that he had been in and out of jail on several occasions for assault and battery, and was even ordered to take anger management classes. If that’s the case, perhaps the bar might also be liable for negligent hiring; which is DIFFERENT from vicarious liability. With me so far? Seeing how they are separate torts?

Last one – back to example 2. We established that the airline would not be vicariously liable (unless, in some strange customer relations fail, the airline decided to make it part of their policy to punch poorly dressed passengers as a way to get their flights looking a bit better), but does that mean the poor passenger is without a claim against the airline? Not at all. Perhaps there would be a negligence claim against the airline for failure to supervisor the flight attendant, or failure to properly train the flight attendant on how to deal with passengers, or maybe, if, like the bouncer, the flight attendant had a history of violence, perhaps a negligent hiring claim. But the important thing to remember is that none of these is vicarious liability.

So, remember ONE thing when analyzing vicarious liability. The plaintiff only need establish that the tortfeasor was an employee, acting within the scope of his or her employment, and then the employer is AUTOMATICALLY liable. It should also be noted that this does not let the tortfeasor off the hook, they are ALSO liable. So don’t go committing torts at work thinking you won’t be responsible.

I hope that helped clear up any vicarious liability confusion. Even if your first year does not test it often, it comes up on the bar exam ALL the time, so it’s a good idea to master it now!

MIDTERM SPECIAL

2009-10-08T13:17:00.000-07:00

MIDTERM SPECIAL - from now until November 6th, 2009!!

For a limited time only, you can purchase “Big Pictures, Little Essays” AND the “Big Picture Cds” for ONLY $49.95. This is normally a $99.95 value, and the first time LawTutor’s materials have been half off!

If LawTutors is tabling at your school, you can make this purchase at the table. Or you can call the office at 617-738-4800, or email us at info@lawtutors.net. If you need the materials shipped, there will be a $10 shipping and handling charge.

In addition, we are running a midterm special on One on One Tutoring:

If you purchase a one on one tutoring package between now and November 6th, you will get extra hours!

If you purchase a 10 hour package, you will receive 2 hours for free. If you purchase a 20 hour package, you will receive 5 hours for free. The package will not expire for a year, so if you purchase 20 hours now, you will have a year to spread out those 25 hours. That’s why it’s such a great deal to get the extra free hours now!

In addition, the materials fee for first time students will be $99.95 instead of the normal $150. Again, the first time the materials have been on sale, so take advantage now!

MPRE SEMINAR DATE CHANGE

2009-10-02T13:22:00.000-07:00

The LawTutor's MPRE seminar has been moved from October 11th to October 17th, due to Columbus Day Weekend.

New York What NOT To Write Available for purchase

2009-10-02T12:07:00.001-07:00

Go here to buy!

MPRE Tips

2009-09-25T15:39:00.001-07:00

One recurring observation I have of my MPRE students is that test takers fail to appreciate the specifity of the call of the question. What do we mean by that? The call of the question often helps you determine the subject, as well as the right answer. For example:

The MPRE, as you know, addresses areas of judicial canons and the Model Rules of Professional Responsibility, but it also revisits Torts? What? No one ever told me
torts was on the exam?! Okay, maybe not the whole gamet of torts, but
one particular area tested is negligence...

Consider the following fact pattern:

Prissy was injured in automobile accident by Dolly Drunk and hires attorney to litigate against Dolly Drunk. Prissy informs attorney that she is unwilling to accept less than $150,000.00 prior to trial and if the matter goes to trial she would want no less than $200,000.00 A week before trial Dolly's counsel offers to settle case for
$160,000.00 in exchange for a release and dismissal of Prissy's pending action against Dolly. Attorney rejects the offer. The matter goes before a jury, and the jury returns a verdict of $300,000.00. Prissy later learns that the offer of settlement was never communicated to her by attorney. Infuriated, Prissy brings suit alleging civil malpractice liability.

Did attorney's actions subject her to malpractice liability?

There are several options that the Examiners could provide as possible selections in a multiple choice set up. One's initial gut response is Yes,.... because one may remember reading Rule 1.2 which pertains to this question in pertinent part that the “...lawyer shall abide by the decisions concerning the objectives of representation and, as a result required by Rule 1.4. Rule 1.4 which further states that [a] lawyer shall (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these
Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; and (3) keep the client reasonably informed about the status of the matter.

In the above fact pattern, it is safe to say that the attorney did none of that. But, the answer is No, the attorney will not be subject to liability. How can that be? Look at the call of the question. The call of the question is asking whether the attorney is subject to liability. Liability should alert you to the fact that this is a civil claim, most likely based on negligence (legal malpractice) and negligence is premised on four elements (in the context of negligence actions) Duty; Breach; Causation; and Harm/Damages. Assuming Prissy could prove the first three elements, she cannot prove damages. Recall in the fact pattern that the jury awarded he $300,000.00. Therefore, Prissy was not damaged.

How might the result of this question been different if the call of the question was is Prissy subject to discipline? The attorney most certainly WOULD have been subject to discipline.

For more advice on taking the MPRE, please contact LawTutors to learn more about their MPRE seminar, or working with Joe Keeney, the MPRE Attorney Instructor. (www.lawtutors.net, 617-738-4800)

The Trials Of Law School - a movie review

2009-09-17T17:23:00.001-07:00

I came across a documentary called “Trials of Law School”, and decided that today was the perfect day to pop it in the DVD player and sit back with my dinner and watch it. Let me start by saying that, overall, I enjoyed the documentary, and I would highly recommend it to anyone considering law school. It gives a fairly good representation of the good and bad of law school, and I think anyone debating about whether law school is for them should take a look at this documentary.

The documentary, by Porter Heath Morgan, follows 8 students as they embark on their first year at The University of Oklahoma Law School. My first criticism is that not every law school is The University of Oklahoma, and every law school gives a slightly different experience; due to the faculty, the culture or the geography. For instance, it was said that classes consist of 40-45 students. This is starkly different from most law school, where a first year class typically consists of 150 students. Having said that, Mr. Morgan fills this gap by including interviews with faculty and administration from various law schools around the country. In addition, despite the fact that not every law school will not be identical to The University of Oklahoma, the film does a good job of capturing the typical experience that every first year shares.

First off, the good: The mix of students Mr. Morgan chose was excellent. They are of different age ranges and different backgrounds, all having different responsibilities and concerns outside of law school.

As stated above, Mr. Morgan included interviews with faculty and administration from all over. To be honest, this was my favorite part of the documentary, and I felt it was the most helpful for potential students. I was also impressed with the individuals that Mr. Morgan chose to include, since many of them, like Rich Freer and Eric Posner, are renowned in the legal field. I also found myself nodding in agreement with many of the interviews, since they were highlighting points that, as a professor myself, I am consistently stressing to my students. Many first year students currently going through the process, as well as incoming students, can benefit greatly from a lot of the advice doled out.

I found that the movie really captured the “essence” of law school, and the stress involved. I also loved the parts about finals, since again, it really captured what it is like to go through the stress of law school finals, which are nothing like anyone has ever been through before law school. I also loved a comment about law school being like high school, which, for good and bad, is completely on point!

It was also great how Mr. Morgan wrapped things up at the end, with the ability to show people that there IS life after your first year, and those first exams are NOT life or death. You can move on, you really really can!

I also found the bonus feature “Think Like A Lawyer”, is an incredibly bonus for current first years!

Now, for the not so good: I often found the narrative a bit choppy. It was really difficult to get invested in the lives of these students. I was also disappointed that Mr. Morgan did not dive as deep as I would have hoped into certain areas. For instance, some of the students were parents, and some were dating others in their group, and these would have been very interesting areas to dig just a bit deeper into, however, the viewer was only given a taste. So many of my students are “non traditional”, in that they have to balance families and, sometimes, full time jobs. I was so happy that Mr. Morgan included students that face those same challenges, however, so disappointed that we did not see more of how they balanced those responsibilities.

There were also some parts that I found did not make sense, or were just not relevant, like a student getting ready in the morning. I felt that time could have been better used to flesh out some of the other things that were only touched upon.

My only major issue, especially from the standpoint of a professor, is that there was a scene where one of the students contradicted the professor, and the movie never took the focus back to why she MIGHT be wrong, and the professor might be right. She was using real life experiences, and it would have been a PERFECT opportunity for Mr Morgan to discuss with professors about how students that come in with too much work experiences are often at a disadvantage, since they think they know things they do not. Many of my students work while in law school, or have had previous work experience. Even if that work experience is in the field of law, it does not always mean what they learned on the job was correct.

Again, overall I really enjoyed it, and felt it captured the essence of what it means to struggle through your first year of law school. I think this is a must see for anyone contemplating applying for law school, or, for that matter, any current first years!

Torts Tips

2009-09-14T20:15:00.000-07:00

So, most of you first years are beginning to settle into classes, and for almost all of you, the first class you really need to tackle is torts. This will most likely be the first exam most of you take as well. Now, for some tortious tips!

1. ALWAYS establish a prima facie case before a defense. If you think about this, it just makes good sense. If the plaintiff's attorney has not established that your client committed battery, why would you bring up self defense? Just as the plaintiff needs to establish a prima facie case to bring a claim, so do you!

2. Remember that bad things happen to good people, and it's not always a tort. Even though we, as a society, as pretty litigious, you can't sue over EVERYTHING.

3. Remember that when establishing negligence, you need DUTY, BREACH, CAUSATION, INJURY. ALL of them. Don't skimp and fail to discuss one of the necesarry elements.

4. Remember that a battery doesn't always have to be HARMFUL. It can be offensive. Harmful OR offensive contact.

5. An assault is an intent to cause imminent apprehension of a harmful or offensive contact. Keep in mind that apprehension is NOT the same as fear.

Get Paid for ACTUALLY Graded Bar Exam Essays

2009-09-12T08:10:00.000-07:00

Aspen Publishers is paying for actually graded bar exam essays. We are looking for essays from Florida, New Jersey and Connecticut.

If any of your essays are accepted, you will be paid $250 per accepted essay.

Please email info@lawtutors.net or call 617-738-4800 for more information

Why Law School Is Different Than Undergrad

2009-09-02T09:04:00.000-07:00

Most of you have already figured out that law school is nothing like college. In fact, with the lockers and structured classes, it’s a bit more like junior high! However, there are a few things you should be aware of.
1) Social networking sites: while it feels like junior high, law school is actually a lot more adult than undergrad. You don’t have to become completely responsible and button down, but keep your facebook and myspace profiles clean. Be aware that future colleagues and future bosses could potentially be reading your profile; be careful of drinking pictures, and updates that are too personal. Also, take measures to beef up your security on those sites, and keep them private! Also, be careful of who you friend. Again, I’m not going to tell you not to live your life, and not to be yourself, just be a bit careful!
2) Fellow Students: these fellow students will eventually be fellow colleagues. Make friends, not enemies. No, you’re not going to like everyone, and not everyone has to be invited to your wedding, but it doesn’t hurt to be nice. These are people that you are going to have to work with, and you might need favors from them. The legal community is small, no matter where you are, so learn to be civil. You want to be remembered for your professionalism, not for stepping on other people’s toes or being unpleasant.
3) Study Habits: what made you successful in college most likely wont work in law school. You might have to learn to study a bit differently, so do not assume you can rely on your old habits. I’m willing to bet that many of you were very successful in undergrad with minimal effort and relied on attending class to teach you what you needed to know. Remember that in law school you are among the cream of the crop, so you have to work even HARDER just to stay on track. Merely showing up in class, and doing the minimal reading will not get you where you need to be. Law school requires doing the reading assigned BEFORE class, showing up for class, and THEN studying some more, making sure that you understand and can apply the material.
4) Exams: most undergrad classes were based on multiple choice tests, not so in law school. Most law school classes have a grade based almost 100% on your final. That’s a lot of pressure on one little test! This means that during the semester you can’t slack, because cramming at the end of the semester like you’ve done for finals in the past will absolutely not work. Also, bear in mind law school exams ask for an analysis, not merely reciting laws that you have learned. Therefore, mere memorization of buzz words will not get you by, you need to make sure you have as complete of an understanding as possible of the concepts and reasoning behind the law as much as the rule itself.
5) Majors: In undergrad it is important to pick a major as soon as possible and stick to your concentration. In law school it is a little bit different. Sure, it is important to think about an area that you want to specialize in, but it is just as important to try to broaden your horizons. Save room for dessert, take a course because it sounds interesting. Law school is more about learning how to analyze and interpret the law and apply it to the facts rather than memorizing and retaining the substance of any particular class. You never know what area of the law you might fall in love with.

Take Care of Yourself in Law School

2009-09-01T13:23:00.000-07:00

We know you have very little time, so its easy to let things like exercise and nutrition fly right out the window. Take it from someone who has been there, this is NOT a good idea. Find time to go to the gym, or run, or jog, or even go for a walk once a day. I know, it feels like there is absolutely no time, but it IS doable. And in fact, it will make you a better law student. Not only will you stay healthier, which means less classes missed, but it’s a great time to just take a break from the law for an hour. Which brings me to my next “must”; take time for yourself

Again, yes, I know, you have no time. When you’re not in class, you need to be studying, or going to those extracurricular activities, I know. However, it will not kill you to take an hour a day to do something for yourself ; jog, watch your favorite tv show, go on a date, go see a movie. You can not become an antisocial hermit. Trust me, you do that, you wont have any friends once you become a lawyer. And lawyers need friends too! You also need friends, and a support system of family, to help you through law school!

Last but certainly not least, eat right! It’s temping to try to subside on pizza alone. It’s tempting, pizza IS my favorite food, but nightly pies will not do your body or mind any good. At least throw some vegetable toppings on them occasionally! I’m not telling you to never indulge, but try to make an effort to maintain some healthy eating, which will make you feel better, AND give you better fuel to study. A great option if you are in the Brookline area, is Boston Pita Pit on Harvard St is a great option to eat healthy and yummy!

Also, continue to go to the doctor or dentist regularly. No one wants an attorney with funky teeth! Not to mention, you will miss more class, AND more study time, if you put things off.

Remember – law school is tough, and it’s a lot of work, but it does not have to consume your ENTIRE life. Bottom line; take care of yourself!

New Seminar for First Years

2009-08-15T15:31:00.000-07:00

LawTutors is offering a brand new program called “What Not to Do in Law School” to help new first years navigate how to most effectively study, use class time and prepare for exams.

The program will teach first year law students how to best spend their study time, how to outline, the pros and cons of study groups and commercial outlines, and how to prepare for and ace an exam!

The seminar will be taught by LawTutor’s President and Vice President, Tania Shah and Melissa Gill, and, like all LawTutor’s, seminars it will be interactive. The seminar will not be a full day of lecture, but rather Melissa and Tania offering advice and then giving you, the incoming law student, an opportunity to put that advice to use and practice and discuss what you just learned.

In addition, Tania and Melissa will be joined by other Attorney Instructors who will be offering advice and sharing stories. LawTutors will also have many of their current third year students and recent graduates on hand, so that incoming law students may ask questions and get to know law school from a student perspective, to help you along, and to network.

The program will take place on September 26th, from 10am to 5:15pm. Lunch and materials will be provided. Materials include “Strategies and Tactics for the First year,” “Law School In a Box,” “LawTutors’ Big Pictures, Little Essays,” “LawTutor’s Big Picture CDs,” as well as practice exams, outlines and charts that you will go over during the seminar.

The fee is $295, which includes the seminar, lunch and all materials.

Please contact the office at 617-738-4800 or email us at info@lawtutors.net to sign up or for more information.

See LawTutor's website for a detailed schedule and more information

Words you should know…BEFORE law school

2009-08-10T08:47:00.000-07:00

Once you begin law school, people will start throwing around all kinds of terms that you may or may not know. You may also be embarrassed to ask, so this is where I can help!

Case Book: Essentially, your text books. They will not read like a typical text book you had in undergrad or high school, but instead, a case book is a collection of cases, with very little in between.

Case Brief: Your first year of law school you will be reading a ton of cases, and a brief is something you use to summarize those cases. It contains important information about the facts of the case, the holding, and the reasoning behind the holding. Essentially everything you need from the case, so you don’t have to re-read it before finals. Also, it is important to note that there is no ONE “right” way to brief a case, it depends on you, how you learn, and what your professor wants you to get from a case. A bit more in depth on case briefing.

Black Letter Law: These are, in short, the rules you are going to be using. Law school is all about teaching you how to read and interpret cases, and what they mean. The black letter law is what you want to start with. For example, what IS a contract. Or, how does one define battery?

Outlines: This is what you use to condense everything you learned in the past semester. Just like with a case brief, there is no ONE right way to outline, it depends on your learning style, and sometimes the structure of the class. At the end of the semester, your outline is what you want to use to study for your finals. An article on outlining.

Supplements: You will probably hear a lot of classmates talk about supplements. Or upperclassman. They are study aids that help you navigate your casebooks, and often define the black letter law when your casebook fails to do so. Examples and Explanations, published by Aspen, is one such supplement.

IRAC: You will be hearing a lot of about this, and no, it’s not the country. Sometimes it will be referred to as CREAC as well. Simply put, this is how most law professors want you to write your exams, and it stands for “Issue, Rule, Analysis, and Conclusion”. More in depth on IRAC.

Tort: A tort is a civil wrong. It is also one of the first classes you will take in law school, except very few people will tell you what a tort is. They sort of just expect you to know it’s not a sweet pastry! You may also be asking, “well, what is a civil wrong”, and the answer to that, in short, is those things that personal injury attorneys sue people over. You have all seen the commercials about slip and fall accidents, well, THAT, my friend, is a tort.

If you keep hearing a word in law school that is not on this list, do not be afraid to either look it up (Black’s Law Dictionary is great!), ask a professor, or ask me! There is no such thing as a stupid question, and do not assume that everyone around you knows what everything means. They are probably just as lost as you are!

What Should I Do Before Law School

2009-08-06T12:44:00.000-07:00

It’s August, and that means for some of you, law school is just around the corner. Yes, that means stress, so what can you do BEFORE you start classes, that will help you avoid stress?

First and foremost, enjoy your remaining down time. Take the next few weeks to spend time with family and friends, and just generally get your life in order. You don’t want outside stress to come in, as much as you can help it, since law school itself is stressful enough.

Second, try to familiarize yourself with how to read and brief a case before the stress of class sets in. Many of your law schools might have an orientation program that focuses on this, and LawTutors, LLC has a “pre law program” that teaches you what to expect with your classes, as well as how to brief and read cases. I've also written a previous article on how to prepare for classes.

Becoming familiar with the layout of cases makes the reading less daunting when classes finally arrive. You may be thinking that you’ve made it into law school, so obviously you know how to read. This is true, but keep in mind that a case book looks nothing like a text book. And, in most law schools, no one tells you what you should be taking away from reading a case. The more practice you have, the easier it becomes, so take any free time in August to try your hand at a few. That way, they won't seem so strange when classes begin.

Before I started law school, I also glanced through a few Examples and Explanations, which is now my favorite supplement; I recommend them to all of my students. They allowed me to learn some very basic black letter law so that reading cases was not as daunting or confusing. It is important to note that your case books will not teach you black letter law, which is why books like E&E are very helpful.

Also, don’t be afraid to ask questions, you don’t want to go your entire semester without knowing what an outline is, or what it means to “brief”. Don’t be afraid to go to upper classman, professors or advisors. Also, a great book to read in August is Law School Confidential. It was a favorite of mine, and helped clear up a lot of confusion.

I also recommend Guerrila Tactics for Getting The Legal Job Of Your Dreams. Yes, it focuses on careers, but also imparts a lot of helpful hints on things you can do during your first year to help yo land that ideal firs job!

Also, don’t be afraid to go to professors with questions! As a professor myself, I consider part of my job to be answering student’s questions, and get very bored during my office hours if no one comes to visit. We don’t want our students getting confused or falling behind, so don’t be afraid to visit us! Many first years are terrified to visit during office hours, and I assure you, we don't bite!

Lastly, get to know the city you are in, find a good place to study, know your route to and from law school, find good places to eat, find a good gym, all that stuff that will make life so much easier when law school starts.

NEW PRE LAW SEMINAR

2009-07-15T08:31:00.001-07:00

LawTutors is offering a brand new program called “What Not To Do in Law School, or How to succeed in Law School without losing your mind”.

The program will teach incoming law students what to expect in law school, how to prepare for classes, what to expect out of classes, how best to spend your study time, how to outline, the pros and cons of study groups and commercial outlines, and how to prepare and ace an exam!

The seminar will be taught by LawTutor’s president and vice president, Tania Shah and Melissa Gill, and like all LawTutor’s seminars will be interactive. The seminar will not be full days of lecture, but rather Melissa and Tania offering advice and then giving you, the incoming law student, and opportunity to put that advice to use and practice and discuss what you just learned.

In addition, Tania and Melissa will be joined by other Attorney Instructors who will be offering advice and sharing stories. LawTutors will also have many of their current third year students and recent graduates on hand, so that incoming law students may ask questions and get to know law school from a student perspective, and to help you along.

The program will take place on August 15th and 16th, from 10am to 4pm each day. Lunch and materials will be provided. Materials include “Stratgies and Tactices for the First year”, “Law School In a Box”, “LawTutors’ Big Pictures, Little Essays”, “LawTutor’s Big Picture Cds” , as well as practice exams, outlines and charts that you will go over during the seminar. The fee is $495, which includes both days of seminar, lunch and all materials.

Check back soon on www.lawtutors.net for a more detailed schedule of the seminar.

To sign up please email Tania (Tania.shah@lawtutors.net) or Melissa (Melissa.gill@lawtutors.net) or call the office at 617-738-4800 and ask to speak to Samantha, Tania or Melissa. Space is limited so sign up soon!

Wait...What? Or How To Effectively Memorize!

2009-07-06T17:50:00.000-07:00

You have a month left before taking the bar, now is the time to really focus and make the most of your studying time. It might feel like an overwhelming task to learn everything you need to learn by the end of July, as well as master the skills you need.

I often stress that memorization is not the key to succeeding on the bar exam, and I still stand by that. You need to know the law, and ANALYZE it, in order to pass. However, there are still some things you need to memorize. Memorizing rules of law is not easy for everyone, but sometimes it’s necessary. Hopefully I can impart some memorization tips!

1. Understand the things you memorize: First and foremost, strive to understand the things you need to memorize. Not only will you remember things with greater ease when you fully understand what you are memorizing, but you can not analyze something (remember, the most important part!) until you understand it!

2. Memorize in short time bursts: Plan your memorization time in short bursts of 5 or 10 minutes. Perhaps take some time out to memorize in between MBE questions, or in between practice essays. Bust out your flashcards in line at Starbucks. Sure, people will give you funny looks, but you won’t care after you pass! If you spend too long trying to memorize something, your brain just shuts down and you cease to be effective. No point in studying if you’re not being effective!

3. Memorize in short material bursts: See, your brain tends to remember the first and last things it takes in. If you shorten the amount of information you are taking in, it’s more likely to “stick”. This means pick one subject, and even one subtopic, to memorize at a time. For instance, you know you need to memorize the scrutinies for constitutional law. Start with strict scrutiny, and know that you will memorize JUST that first, and save the other scrutinies for the next memorization session. This tip goes well with the short time bursts; pick one scrutiny per commercial break!

4. Be vocal: Teach rules of law to your significant other, your roommate, your mom or your cat. Trust me, your cat needs to know what all the hearsay exceptions are, and will thank you later. Vocalizing something, even if you are just talking to yourself, helps with memorization.

Employing these techniques will not only help you spend your time memorizing effectively, but will also help you with your analysis. Good Luck!

How to Study Effectively for the Bar Exam

2009-06-23T12:19:00.000-07:00

Or…how not to become a hermit this summer.

Ok, to be fair, even studying effectively you probably are still living the hermit life. That’s ok, it’s only 5 more weeks. Say it with me, 5 more weeks – you can do this! Trust me. Would I lie to you?

Clearly, studying for the bar exam is not the most fun thing you can imagine doing. Though, if doing MBE questions just for kicks is your idea of a good time….who am I to judge? For those of you that don’t get your kicks from MBE questions, since I can’t make the studying more fun, at least I can tell you how to make it more effective.

Essays: Practice your essays with your notes, looking up rules of law. I know, this sounds like cheating, but I’m not suggesting you do it ON the day of the exam, I’m suggesting you do it during practice. Also, the bar exam is actually testing your ability to analyze, and looking up rules in your outline will not help you there. But, it WILL help you learn the correct rules, which is the first step. Plus, it is more effective then trying to memorize rules by reading outlines again and again, or even flashcards for that matter. If you look up rules as you write, you are actively applying facts to those rules, and practicing your writing, in addition to learning the rules, since you are copying them down. This is all active learning; the doing rather than just passively reading. When given the choice, active learning is always more effective.

Also, PLEASE PLEASE PLEASE write out your practice essays. Thinking about them in your head, or just drafting outlines, will not help you. You’ve heard practice makes perfect? It’s a cliché for a reason, and now is the time to put that cliché to the test. Write out as many essays as you can in the next 5 weeks. Using your notes, of course.

MBE: As with the essays, you want to be actively learning from the MBE practice questions. If you do not learn from every MBE question you do, you are wasting your time, and just doing that MBE question for fun. As I said before, I won’t judge….but the general feeling is that MOST people have other things they like to do in their spare time. How does one learn from doing an MBE question? Do one at a time, check the answer, and then figure out what you did wrong.

You might have went wrong on substance; forgetting some element of the rule, or just being confused on the black letter law. In that case, now is the time to review our outlines/flashcards/charts, to brush up on the black letter law.

You might have had a reading comprehension problem, reading the call of the question or a certain fact the incorrect way. If that’s the case, take a mental note and be sure to read a bit more carefully in the future. Having said that, make sure you are consistently paying attention to the call of the question; variations such as “which is the least likely outcome” often throw students off course if they are not paying attention.

Perhaps you were torn between A and C, and don’t quite understand why C is the better answer, since they both seem ok to you. In that instance, read the explanation in the back of the book, re-read the question, consult with a tutor, do what you need to do to assess why one answer was the “best” out of all options. Sometimes the way to do this is to figure out why the other three options are incorrect. Remember an answer has to be both factually and legally correct, and never only a little bit legally correct.

What all of these things boil down to is learning from your mistakes, something your mother has been telling you to do since you were just a wee thing. The types of questions asked, as well as the rules tested, are often repeated, which means you are likely to see them again and again – so what better way to master them then to learn from each question? Remember merely tallying your score and shrugging, moving on to review an outline without knowing where your weaknesses are, will not help improve your score. You have to know where you went wrong. You have to learn FROM the questions, and I can not stress that enough.

Having taken this all into consideration, perhaps you might have time, after studying EFFECTIVELY, to actually see your friends in the next 5 weeks. But only once or twice :)

How to Study for a Dual Bar Exam

2009-05-07T12:38:00.000-07:00

By Sheri Mason
(Sheri is one of LawTutor's Attorney Instructors)

You’ve just completed your last law school exam…. EVER, and you are about to give a sigh of relief when you realize – it’s not over yet! That’s right, in a few short months, you will take that exam you have been dreading for the last three years – THE BAR EXAM.

By now, you have probably given the bar some thought. Maybe you’ve even started the application process. Of course, the first question all students must ask themselves – Which state bar exam should I take? For some, the decision is easy. For others, it forces some major life decisions because the decision rests on where you plan to practice – and live!

Suddenly, you start to hear some rumors about fellow classmates that are taking the bar in two states – they must be crazy, right? Isn’t that double the work?

Not at all! Here’s why. First, your MBE score is applied to both states, so you only need to study for and take that portion once. Second, while you need to study state specific law for both states for the essay sections, chances are, you will be learning essay structures and strategies that can be applied successfully in both states.

Whether or not you take two bars is a decision you have to make. One bar is often stressful enough, and adding on the stress of another state bar can feel overwhelming. However, many law graduates have taken dual bars and have been successful. Here are some tips that may help you if you decide to take a dual bar:

1. Decide which two states you would like to sit for. Seems obvious, right? However, whether or not you can take a dual bar will depend on the states you wish to sit for. The state essay section will need to fall on different days (the day before the MBE or the day after the MBE). For example, many law graduates will take New York and Massachusetts during the same bar exam since the state essay days are not on the same day. The same would not work for Connecticut and Massachusetts since the state essay section falls on the same day. Look into the two states you want to take to determine if it is doable. Keep in mind that you will need to be in the actual state for the essay sections, so travel and lodging will be an important factor to keep in mind.
2. Understand the application process for both states, and their requirements for sitting for a dual bar. Once you determine that you can take both bars, you need to fill out applications for both bar exams, indicating on both applications that you will be taking a dual bar (usually, it will ask you in the application). This also means different bar application requirements and different deadlines. Be sure to check the requirements and deadlines for both bars.
3. Determine which you will sit for the MBE section of the bar and let both states know in your application. Again, it is important for you to understand the requirements for each state – some states will require you to sit in a certain jurisdiction when you are taking a dual bar. For example, if you are taking New York and Massachusetts, you will need to indicate to New York that you plan to sit in New York for the MBE section (and let MA know that you will be sitting in NY for the MBE section of the bar). Failure to do this may mean that you are not on the list to get into the exam, so be sure that your applications match.
4. Make sure you transfer your MBE scores to the other state. Since you will be sitting physically in one state for the MBE, this means that the other state will not have you’re your MBE score immediately on hand. You will need to transfer your score to that state. Again, check the state’s procedure’s in regards to transferring the MBE score – you want to be sure that both states have it to grade your exam!
5. Determine which bar you must pass, and which bar you would like to pass. Of course, you want to pass both bars; otherwise, you wouldn’t bother to take them both. However, it is important to keep things in perspective. If you know what state you plan to practice in, that state bar should take priority. If you are taking a commercial bar course, you should choose the course for that state. Sometimes, law graduates will choose the state’s priority based on the state bar’s reputation of having a low pass rate. Keep in mind, this should be one factor you consider, and should not be a determinative factor. It is more important for you to pass the bar in the state you plan to practice law.
6. Be sure to understand the structure of the both bar exams, and get examples of actual answers to the state’s essay questions. Different states have different structures for the bar exam. What is the minimum to pass the bar? What does the state essay section consist of? For example, New York’s state essay section consists of NY specific multiple choice questions and a MPT on the essay day of the exam. On the other hand, Massachusetts’ state essay section consists of ten essays. NY does not have a page limit for writing essays, whereas MA gives you four pages to write your essay. See if you can get examples of actual bar essays for both state exams (New York posts these on their Bar Exam website). What does each state consider a “well-written” essay? Understanding the structure for both exams will lower the anxiety since you will know what to expect.
7. Determine what subjects are tested on each bar. Again, different states may test different subjects. While most states overlap what is tested, it is important to know the areas you will need to study.
8. Practice writing essays for both states. Regardless of which state bar you are taking, a well-written essay is crucial to pass a bar exam. Under the bar time restraints and pressure, it is easy to freeze up when trying to answer a question. Practice writing many essays from both bars, and if you do not have a tutor, re-read and analyze them. Did you outline prior to writing? Is the essay well-structured? Be sure that your answer analyzes the question asked. Look at each sentence and ask yourself the purpose of that sentence; Is this is legal conclusion (if so, did I properly analyze how I got to that conclusion?); Is this a statement of fact? Is this a statement of law? Did I miss any issues? Try to rework your paragraph so that the bulk of your paragraph contains an analysis.
9. Strengthen your MBE score. Since both bars will use the same MBE score, you want to be sure that your MBE score is strong. Typically (but not always), a passing rate will be the combination of both your MBE score and your essay score for the state (be sure to understand your state’s scoring system). This means a stronger MBE score may balance out weaker essays for your state essay sections – this is especially important for the state you are not focusing on. The best way to strengthen your MBE score is to do multiple MBE questions, and to analyze why you got the answer wrong.
10. Create a study schedule. As if taking one bar isn’t enough, you now have the pressure of two bar exams – MBE laws, state laws, contradicting laws…. How are you going to keep it all straight? The fact is, no matter how much you try, you will probably walk into the bar exam feeling like you don’t know everything or you can’t remember which state law is which. It is important that you have a study plan or schedule to ensure that you focus your time properly. Consider getting a tutor to work on a study plan and to help you with the study process.
11. Talk to other people who have taken (and passed) a dual bar in the states you plan to take. Find out how they managed their time, or other tips that they have about taking both bars.
12. Relax! Easier said than done, but remember, it’s only an exam, and at the end of the day, you can only do your best. You’ve already survived law school, and you will survive this too!

I DON’T LIKE THE BAR EXAM, HENCE I DO NOT BELIEVE I SHOULD HAVE TO TAKE IT (and other musings of Bar Examinees).

2009-05-06T08:50:00.001-07:00

By Joseph Keeney, Esq

(Joe is one of our LawTutor's Attorney Instructors)

1. I graduated law school with a 3.5 therefore, I shouldn't have to take the bar exam.

Comment: Where to begin with this contention? For starters, there could be a lot of reasons as to why you achieved a 3.5 and more importantly why you have to take this exam. One reason that you achieved a 3.5 could be because you flat out deserved it, and this grade point average is indicative of your skill and work ethic. Too bad you still have to take the thing. Another reason that you achieved a 3.5 is because the curriculum and your class schedule was soft. Another reason that you achieved a 3.5 is because the academic semester was more conducive to your preferences ie., work schedule, or finances. Who knows? But for now, this standardized approach of the MBE taken with essay writing is the best option on the board (no pun intended) until mind reading and ethical fortune-telling are made available.

2. I practiced 2500 multiple choice questions, took three practice exams, and studied 8 hours a day.

Comment: Yawn. This exam is not about studying hard. This exam is about studying smart. Sure, by doing more multiple choice questions, this may allow the opportunity for your brain to become accustomed to the format style of the questions as well as the various ways in which a fine point of the law can be tested. For that I say, the more the merrier. However, one must be careful in setting large goals as they sometimes do not account for each student's needs. In other words, the student's desire to answer too many questions can easily overshadow the quality of takeaways that one should yield from each question. One LawTutors’ recommendation that addresses the takeaways and which has proven useful is for the student to analyze each possible answer to the degree: "I chose Answer A because….." This is valuable because is regimented reinforcement. Too often, while reviewing assignments with students, we find out that the student's answer selection by letter choice was correct, but the rationale behind it was wrong. With incorrect rationale, the examinee is building false misunderstanding of black letter application.

3. My law school did not require these subjects therefore why should this be on the bar exam?

Comment: Your law school gave you choice. Hence, that is why these choices are called electives. Another angle the bar examiners are testing is your ability to work under pressure and to undertake a vast breadth of material. As words of encouragement, your understanding of the subjects tested on the MBE should pay dividends on the essay portion of the exam.

4. I was on law review/law journal but still received 3's across the board on the essay portion of the bar exam.

Comment: There is certainly little doubt that the selected student for these organizations possesses analytical ability. However, there are a few aspects or commonalities that may make students more susceptible to the format of the bar exam. As you already know, much of what is subject to academic articles can be esoteric or involve much on opinion or can provide as an analytical overview of jurisdictional trends over a particular subject. Also, there is a good chance that what you are writing or analyzing in these activities pertains to an area of the law or subject matter in which the student is interested. In a lot of ways, as the author of this scholarly article you can control the direction and format of what is to be written. The bar exam format is much different. It covers areas of the law that perhaps involve subject matter that you never studied in law school let alone that you are interested. Moreover, successful bar exam writing is often the result of disciplined commitment to the IRAC or CREAC method.

5. Considering I excelled on the LSAT, I had no reason to think otherwise with respect to the bar exam. I have always done well with standardized tests.

Comment: The LSAT, in lot of ways, is used as a prognosticator on how well the candidate will perform in law school. The bar exam, in lot ways, measures how well the candidate for admission to the bar did in law school. That being said, the LSAT's approach is to measure certain cognitive and analytical skills within the environment of a multiple choice question. Is it perfect measurement? Are the results of the LSAT necessarily a dispositive indicator on how one will achieve in law school and ultimately the bar exam? No, of course not, but see # 1 above. Another distinction between the two exams is that the bar exam is measuring more towards what the examinee actually learned over the course of three years and recently in the past eight weeks leading up to the exam.

6. The format for the exam just isn't fair.

Comment: There is obviously much debate and study on fairness interplayed with standardized test taking. Believe it or not, I am not going to make an opinion one way or another. This is reality, and the more excuse-making that goes on is negative energy and interference.

7. My commercial material doesn't exactly mesh with the law school outline that my Professor approved. I am going to defer to my law school outline.

Comment: I would like to make the suggestion that you should choose whichever you prefer. However, this doesn't go without saying a few comments first. Several of the commercial entities out there have either been specializing in bar preparation for decades or are accompanied by an entourage of legal authors, professional test takers, and professors. That being said the commercial outlines are terrific for picking out repeated questions, trends, and proclivities that the Multi-State drafters and Board of Bar Examiners will test. Sometimes I have found it helpful that if there is a particular area that you find yourself disproportionately weak or feel that you require further review that those outlines and hornbooks may be used in a supplementary capacity.

8. Because I have been a law clerk for now three years, that practical experience ought to give me an advantage over the people that have just been going to school.

Comment: Doubtful. Jobs are breeding grounds for misunderstanding and misapplication of black letter. After all, who doesn't plead waiver, estoppel, and laches not knowing the difference. You may need to know these types of distinctions on the bar exam.

9. Well, last time I took it, my MBE score was well above the average so now I am just going to focus on the Essays.

Comment: I dare you to make the mistake.

10. This time I am going to spend a week studying Future Interests.

Comment: One common thread between law school preparation and bar exam preparation often comes down to time management. Why allocate 1 week of eight to a topic that could only amount to 5 percent of the questions on the exam doesn't make a whole lot of sense? This could be more judiciously spent in other areas.

How to Prepare for the Bar Exam

2009-05-05T10:45:00.000-07:00

So, it’s May – and that means that if you’ve just graduated from law school, you now have the task of studying for the bar exam. Nope, no sitting back and relaxing for you! You thought graduation and final exams were it? Pft! Wrong!

So, you might be asking, how DOES one prepare for the bar exam? And how does one do so without losing their mind? Or becoming a crazy recluse, cutting off all ties from friends and family, only to appear at some point in August looking very pale, overly caffeinated and bearded. (yes, I’m looking at you too ladies! Who has time for waxing when the bar exam is around the corner?!?!)

First things first, realize this summer will NOT be fun. I don’t say that to scare you, but if you buckle down over the next couple months you will never have to do this again. Secondly, don’t pay attention to what your friends are doing. Everyone has a method that works for them.

Once we’ve gotten that out of the way, there are some things that can make the summer a bit more smooth, and make your chances of passing the bar a bit higher. Practice, for one. Yes, that seems a bit obvious – why wouldn’t you practice? But many students want to spend a ton of time reviewing your outlines, and memorizing black letter law. While you DO need to know the black letter law, simply reviewing it for months will not get you where you need to be. Don’t wait to practice, start right away! Learn from each MBE question you practice, this is key. The MBE won’t ask you to define battery. Instead, they will give you an odd ball fact pattern, and ask you what the plaintiff’s chances of success will hinge on. This means that you need to know MORE than the black letter law, and the only way to do this is to practice more and more MBE questions. Having said that, don’t JUST practice. If you aren’t learning something from EACH MBE question you do, you are wasting your time. I teach bar review, in fact, my whole life centers around the bar exam and even I can find better things to do than MBE questions just for fun.

As for your essays, again, you need to practice. I know, I’m not really coming up with a new rocket science here, you’ve all been told to practice before. However, despite that, so many students fight me on practicing. Use your notes to practice essays – it’s better than writing wrong law! Take your time and practice technique! Don’t start testing yourself right away. The more essays you practice, and not just outline, the easier exam day will be.

What Not To Write available on Amazon!

2009-04-27T14:48:00.000-07:00

What Not To Write, the Massachusetts edition, is available on Amazon now. New York and California to come soon

Feel Like You Have Tried Everything To Pass The Bar Exam?

2008-11-03T19:52:00.000-08:00

Many repeat takers come to us asking what they can do? They tell us they’ve taken BarBri, and followed the BarBri schedule. They took Kaplan/PMBR, and did all of the PMBR questions. So, their question is always what to do next. Well, this is where our Attorney Instructors, or Bar Tutors, can help. Our Instructors here at LawTutors are trained to work with students one on one, and create a specialized and unique study schedule just for them. This gives each of our students at LawTutors a unique experience, and their bar review program becomes tailored to their needs. Not everyone learns the same way, and not every bar review program works for every student. At LawTutors we ensure that each student is paired with an instructor that can cater to their needs.
If you have taken the bar before, and failed, you know that you need something different. You know that you need a program that fits you. Don’t look any further. The solution is finally here.

Exam Preparation

2008-11-02T17:19:00.000-08:00

Well, it’s November, which means most of you have roughly a month to go before your exams. So, what do you do to prepare? First, you should be outlining, in order to ensure that you understand the black letter law. There is no one right way to outline, and it should be your own, in your own words, not copied from a commercial source. However, outlining alone is not enough. You cannot expect to succeed on exams merely by memorizing black letter law, it is just the first step.

Yes, your professors want to know that you have learned the law they taught, but they also want to ensure that you can DO something with it as well. Whether your school follows the traditional IRAC form or newer CREAC form, your professor still wants you to take the black letter law and apply it to whatever hypothetical situation happens to be on the exam. Always remember that merely putting down a rule of law, and possibly restating the facts, is not enough. A good exam explains both why the facts apply to the rule of law, as well as why you are coming to a particular conclusion. For Example:

“Battery is the intentional offensive or unwanted touching of another. When Tim shoved Mario, it was intentional because Tim had the intent to shove, and not a mere accident. In addition, a reasonable person would view a shove as both unwanted and offensive, and it is, indeed, a touching. Therefore, Tim committed a battery against Mario.”

In some situations, it is also important to argue both sides of the issue, and then come to a conclusion. The only way to master this skill is practice. Find old exams that your professor might have, or use a study aid that has practice essays. I cannot stress enough how important it is to practice not just the exam writing, but applying the law to new fact patterns. This also means that you cannot just outline an answer, you have to FULLY WRITE out the essays. I know, it is a pain, and all of you are running short on time, but if you want to succeed, this is the only way. Anyone that tells you different is simply lying. Good Luck!

Outlining when you don’t even know where to begin

2008-09-30T13:08:00.000-07:00

It is now getting further into the semester, and you may be hearing from professors, other students and upper classman that it is now time to outline. However, if you are like most first years, you are wondering what that means. You may also be hearing that you do NOT need an outline, and this is untrue. A student once told me that outlining was “overrated.” Naturally, I asked him why he thought this. His response was “if you take good notes and basically understand what is going on in class, you do not need an outline.” The problem with this logic is that outlining has nothing to do with how well you read your cases, understand the subject matter or how neat your notes are. Outlining is taking every piece of information you have learned and putting it into a Big Picture. Without seeing the Big Picture, you will NOT be able to answer an exam question well. Remember that exams in law school are NOTHING like they were in undergrad, which means you have to change the way you study. Instead of repeating what was in your reading and notes, you have to APPLY what was in your cases and note, and to d that, you need to get an idea of the big picture. So get on board with outlining!

WHEN DO I OUTLINE?

First and foremost, NOW is the time to start outlining, and you will not stop until your classes are over. You should be updating your outline as you go. Take out your syllabus, your book and your notebook and figure out when you will be completing major “sections” in the course. While you will be reviewing and understanding all along, block out time at the end of each “section” and devote it to bringing that section together. While putting it together, you can also fill in some gaps or clarify some points with your own notes, the book, your Professor’s office hours, commercial outlines or some examples and explanations. Do not put off outlining until the end of the semester, when you only have a week or two before exams. By that point it may be too late to fill in those gaps you do not understand.

SO WHAT IS AN OUTLINE?

The number one thing you must remember is that an outline is PERSONAL. I also want you to stop thinking that there is ONE way to outline, or one PERFECT outline. That’s simply untrue, and your outline may look completely different from your neighbors, and you might still both get As. While all outlines have some common elements, it is your own unique creation based on how you personally learn. n addition, your outline is for YOU, and you alone. Most professors (and there might be exceptions) do not collect outlines, so bear in mind as you write it that it is only for YOU.

In essence, your outline should contain the black letter law, very short case summaries, and other important information that helps you master that particular topic or sub-topic. Other than that, it can be handwritten on a napkin or created into a powerpoint just as long as it WORKS FOR YOU. It is a guide for you to study. And more importantly, it is a way to ensure that you understand what is going on in your course. Do not merely copy and paste from your notes, and do not merely copy commercial outlines.

To start, you want to be rewriting, or retyping, your notes, in your OWN words. This is so you remember things more clearly, which is one goal of an outline, but more importantly, if you can rewrite a concept, be it legal or otherwise, in your own words, then you know you understand that particular concept. If you struggle to rephrase a legal concept, or come up with examples, you know that you need to go back and learn that particular concept. This is the PROCESS of outlining that is important – periodically ensuring that you understand what is going on in class, and in your reading.

In addition, your outline should be CONDENSING your notes from class, not merely repeating and rewriting your notes. This is also your opportunity to combine class notes, case briefs, bits of information from commercial supplements and supplements and put it all together.
Also, note the difference between YOUR outline and a commercial outline. A commercial outline is useful if you are terribly lost, or if you have trouble understanding a particular concept. However, bear in mind that it should NEVER replace your own homemade outline. This is because, as stated earlier, the PROCESS of outlining is key. In addition, every professor and every class is different, so a commercial outline might not highlight what your professor does.
Now, get cracking!

Looking for Interns

2008-09-18T19:45:00.001-07:00

LawTutors, LLC needs a student intern. This is a great opportunity for any student that would like to learn about legal publishing and bar review. In addition, it will also be beneficial to anyone that has an interesting in marketing.
The intern will be responsible for some administrative work, such as answering phones, taking care of mailings, copying, etc. In addition, the LawTutors’ intern will be responsible for helping edit materials, both for internal LawTutors’ purposes as well as editing materials that will be published. In addition, we will be calling on the intern to assist us with various research projects, as they relate to items we are writing and publishing. The intern will be expected to assist in writing for the LawTutors’ website and blog, as well as the newsletter.
Most importantly, the LawTutors’ intern will be responsible for helping to organize marketing and public relations, and be the contact person for the student representatives on various law school campuses.
The benefits include a family atmosphere, significant discounts on law tutoring, bar review tutoring and materials. Discounted books with Aspen publishing, and access to the LawTutors’ library of supplements, available for check out, or to use while you are in the office. Our office is T-accessible, and we are flexible and accommodating with school commitments.
Please contact Melissa or Tania at info@lawtutors.net for more information, or to send in your resume.

Electronic Case Books? On Kindle?

2008-09-11T15:16:00.000-07:00

It might be a possiblity....

So, case books in electronic format. It would sure be a lot lighter, and easier to carry around, but personally I would find it harder to read, and clearly impossible to highlight!

Thoughts?

If you ever think you are too old...

2008-09-07T18:50:00.000-07:00

Think again! I have a lot of students that feel that they might be too old to start law school, or take the bar.

Well, 81 year old woman proves you all wrong! you are NEVER too old to start a new career, or follow your passions.

How To Prepare for Class

2008-09-06T18:48:00.000-07:00

If you are reading this, you are probably in your first few weeks of law school, and are slowly realizing that law school is much different from any other school experience you have ever had. You have also most likely come to realize that you have no idea how to prepare for class, and that is where I come in to help.

First and foremost, remember that class is an opportunity to learn. Repeat that with me, “OPPORTUNITY TO LEARN.” I stress this because many of you will become intimidated by class, especially the Socratic method. The Socratic method is where the professor doesn’t merely lecture, but calls upon the class to answer questions and discuss issues. But, class doesn’t have to be intimidating. Traditionally, a law school class goes something like this:

Professor: Miss Jones, what was the holding in Smith v Smith?
Miss Jones: uh…………….
Professor: Ok, Miss Jones doesn’t know, what about you Mr Smith?
Mr Smith: uh……

You get the idea. This can be very daunting. Don’t let it be. Remember that, yes, participation is part of your grade, but as long as you read the case and can answer something reasonably related to the discussion, you are going to be ok. Also remember that everyone else in class is just as nervous as you are, even those classmates that seem too cocky to be nervous. The professor expects that you have read the case, not that you know everything you are supposed to know about the law. If you could understand everything merely by reading the assignments, you would have no need for class, so keep that in mind!

So, it’s tempting to focus on having the answers and not being embarrassed. Now, I won’t advise NOT having the answers, but instead of focusing on knowing it all before getting to class, remember that class is STILL an opportunity to LEARN. And that’s why I’m going to tell you how to best prepare for that learning experience, and what do during and after class.
Before Class: you want to read all assignments, especially any particular rules. For instance, if you are taking a civil procedure class, or any other “code” based class (a “Code based” class is anything that follows a particular statute book or “Code”, like The Federal Rules of Civil Procedure or The Federal Rules of Evidence), always start with the code. These codes, or statutes, are the LAW for that particular class. I can guarantee you will not immediately understand the particular statute you are assigned to read. Sure, you might understand it in the sense that you can read the words and understand what they mean in plain English, but what does this mean LEGALLY. Well, that’s when you read the cases, which are generally the second part of your assignment. All of this is called being prepared, which is NOT the same as completely understanding everything prior to class. You need to have read all statutes and cases assigned so you can follow along in class and make your class time effective.

So, you might be asking, how does one read a case? Good question, and the answer might seem obvious since if you’ve made it to law school, you know how to read. However, cases can be tricky. First, you want to read it at least once, to sort of get a feel for the “story” of the case, then you want to read it with an eye towards briefing the case.

There are plenty of ways to brief a case, and everyone you talk to will have a different opinion. (Some examples, http://www.4lawschool.com/howto.htm , and http://www.lib.jjay.cuny.edu/research/brief.html ). Essentially, a case brief is just a summary of the case, a cheat sheet if you will. However, before briefing a case it is important to know WHY you are briefing a case. First, and foremost, you want to be able to follow the class discussion, and be prepared should you be called upon. Though, more than that, cases are the way you understand the law. If you have a code based (or statute based) class, your cases help you explain those statutes. If you are not lucky enough to have a statute, your cases become the rule of law, and you have to read them to ascertain that law. So, the purpose of a case brief is to 1) help your understanding of the case and 2) give you a quick reference both for class, and for exam review. Also, understand that you might have to read the case multiple times to truly understand the purpose of the case.

Even though there are many different ways to accomplish this, here is a general model

Title (e.g. Jones v Smith)Citation (e.g. 410 U.S. 113 (1973))
Note: Both the title and citation are used for your reference. It might be tempting to just put a title, and it’s not the end of the world if you leave off a citation, but trust me, it will come in handy and it’s easier to take the extra minute to put it at the top of the paper then go back and look for it later if you need it. In addition, it’s just good practice, in law school and in the practice of law, you need to cite EVERYTHING. And I do mean everything, so get used to it.
Facts: Summarize the facts of the case. Do not get overburdened with too many facts, you just want to have an idea of what the case was about; who did what to whom? Summarize is key here, as you do not need to write down every nuance, just enough so that you can apply the holding to the facts at ahnd.
Procedure: In this section, you want to list what happened in the lower court(s). Do not go into too much detail, as this is hardly the most important part of the brief unless you are in Civil Procedure. Essentially, you want to get an idea of the journey your case took, as it will help you understand the language used in the holding.
Issue(s): What is/are the question(s) facing the court? What does the court need to decide? The “issue” spot is going to be hard at first, as it may be difficult when you first begin reading cases to spot the exact issue. In addition, there might be more than one, and that’s ok. How you frame the issue might also depend upon your professor.
Holding: How did the court answer the issue question(s)? YES/NO?
Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. This is where….. the meat of your brief should be, as this is WHY you are reading cases. Not only will this be the section discussed most in class, but this will be what you need when it comes time for exams. You need to not just know the court’s decision, but the WHY. You will hear me say time and time again, and my students certainly tire of it, the law is all about the WHY. When you are writing exams, you never want to be conclusory, but explain the WHY.
Concurring/dissenting opinions: This might not always be necessary, and sometimes the concurring or dissenting opinions won’t even be in your book. However, there are instances where the dissent gave quite important rationale, and you want to remember that. There are also some professors that love discussing concurring and dissenting opinions and you want to be prepared for that.

So, now you are prepared for class. You’ve read the statutes, you’ve read the cases. So what do you do with them? Well, as I said before, you use class as an opportunity to learn. Actively listen to class, do not be so consumed with taking notes that you miss out on actually LISTENING.

Don’t get me wrong, you want to take notes, especially on things that your professor is stressing, since your professor will be writing the exam. This is why preparation and briefing is key. A good idea is to take notes on a laptop; you can brief you cases and then add class notes in a different color or font. This way, you do not have to waste precious class time writing down facts, holdings, and other things you’ve already written down, and can instead focus on the new things your professor is telling you. Always remember that you can learn a lot about what your exam will cover by how much time your professor spends on a subject, and what areas they stress. Plus, if you are lucky, your professor can explain a rule of law much better than the judge who wrote the case you just read did. This is why you want to actively listen in class and get as much out of that time as you possibly can.

After class review your notes and be sure you understand the topic of the day. If you do not, this is the time to seek out a law tutor (like me!) or a supplement. Also, do not underestimate the benefit of meeting with your professor to discuss problems you are having. After class you also want to update your outline. Just like case briefing, there is no one perfect outline. An outline should be a synthesis of material; you are condensing the things you learned in class. You want to rewrite things in your own words, to ensure you remember and understand them.
If you keep up with this type of study schedule, you should never feel like you’ve fallen behind.

Classes on Manners

2008-08-22T17:45:00.001-07:00

For those of you just starting law school, it appears that some schools, or at least schools in St. Louis, are offering classes on manners.

On one hand, I think this is a good idea, as the legal profession is still very formal and conservative in many ways. On the other hand, I wonder if it is really necesarry to have an ENTIRE course on the subject. I worry that, perhaps, it will be time wasted that should be given to substantive topics.

link

Back to School.......

2008-08-19T13:16:00.000-07:00

So, it’s that time of year, time to head back to school. Or, for some of you, time to start law school. If that’s the case, you might be wondering what you can do in such a competitive environment to stay ahead. Or, you might just be wondering how to keep your head above water! So, I’ve compiled a few helpful tips that should keep you as stress free as possible this semester.
1) NEVER pay attention to anyone else. This is the absolute MOST important rule. Now, sure, there might be some exceptions, like a study partner, but for the most part you want to avoid others, at least on an academic basis. (Don’t take me too literally and become a recluse!) Everyone works at a different pace, and everyone works best in a different environment. Listening to how many hours Bob, your neighbor in Torts, spent in the library will just stress you out one way or another. Same goes for talking extensively about exams or other homework assignments, it will just make you insane. And let’s face it, law school already makes you a bit insane.
2) Stay Ahead. By this I mean don’t get behind. I know, easier said than done, right? This doesn’t mean just doing the assigned work from day to day, but UNDERSTAND what you are doing from day to day. Don’t wait until a week before exams to attempt to master something from the first week of classes.
3) Ask Questions. This is one way to accomplish number 2. Do not be afraid to ask your professors questions – it’s what they are there for! If it seems too intimidating to ask a question in class, schedule a meeting with your professor during office hours. If this doesn’t work, you have lovely people like LawTutors (hint hint! Ha ha!) to help you out!
4) Use Class time wisely. Remember, you don’t have to understand everything going INTO class, you go to class for a reason, to LEARN. I realize that class can be intimidating, and it seems like you have to go in understanding absolutely everything. This is simply not true. The purpose of class is to help you understand the information. You still want to prepare for class, so that you can understand the cases the professor is going over, and keep up with the lecture, but you do not have to comprehend every nuance of the law before class starts.
5) Outlining. First understand that there is not a perfect outline. The purpose of outlining is to synthesize and understand the information, and to help you prepare for your exam. This means that every outline might be a bit different.
6) Practice, Practice Practice. Do not start practicing exam writing the week before the exam, start practicing day one of class. The purpose of the exam is to see how well you can APPLY the law, not how well you can memorize it. This means that knowing the law is only half the battle. The best way to do this is to find old exams that your professor has used, and many offer them online. This allows you to not only practice, but familiarize yourself with your professor’s style. I also suggest LawTutor’s MiniEssays (www.lawtutors.net), which are paragraph long questions, designed to test just one topic (for instance, battery , or offer) and your IRAC skills. You might also try Aspen’s Examples and Explanations, which are a great source of black letter law AND hypotheticals.
7) Use your time effectively. Don’t study for the sake of studying – study EFFECTIVELY. How you might ask? By not trying to memorize law, but by applying it. Go through hypos with a friend, practice essays, think of different scenarios in your head, or rewrite rules of law in your own words. Remember, this is not a game of memorization, it’s a game of understanding and application.
8) Master IRAC. Isssue. Rule. Analysis. Conclusion. This will help you through all exams, including the bar, and remember, analysis is the most important part.
9) Find a good study partner. I’m not a huge advocate of study groups, or relying on others too much, but finding one other person whose study style matches your own can be a benefit. The two of you can answer questions for each other, AND you can bounce ideas off of one another and practice hypos together.
10) Last, RELAX. Get good rest, as hard as that is, go out once in awhile, and add a bit of humor into your life, like this site! http://overheardinlawschool.blogspot.com/
Hopefully these 10 tips help you get settled in. I’m going to be expanding on these topics throughout the semester.

More Last Minute Advice

2008-07-22T21:27:00.000-07:00

So, you have exactly a week before the MBE. What now?

First, be sure to treat this as a marathon. This means no doing 100 MBE the night before. Relax this upcoming weekend, make sure you are refreshed going into a marathon of an exam on Wed.

So, what CAN you do?

1) memorize con law. Yep, all of it. The scrutinies, the burdens, what is a suspected class.....once you have all of this memorized, con law MBE questions become a matching game. In addition, know the difference between equal protecion and due process, remmber, above all else, equal protection is treating groups of people differently. Sounds easy enough, but if you do NOT have two distinct classes of people in the fact pattern, it is NOT equal protection. In addition, "for the general welfare" is NEVER the right answer unless attached to tax and spend. Also, remember forany con law qeustions, crim pro included, you absolutely NED government action. The above will get you at least half of the con law questions, if not more.

2) KNOW HOMICIDE. seriously. know it like the back of your hand. Know the difference between murder, manslaughter and teh different defenses. Know when a defense or mistake has to be reasonable or just honest. Know that for attempt you need INTENT. Always. You can NOT accidentally attempt something.

3) Know negligence. Know it cold. Don't skip steps, even on an MBE question. Is there a duty, was there a breach, and did that breach cause the injury? Do not skip a single element, you can not assume anything.

4) Know what hearsay is and all of it's exceptions. Also, as for evidence, start by making sure that the evidence that is being admitted is relevant, then check for hearsay issues, impeachment issues, competency issues, and 403 issues. But, above all else, memorize hearsay exceptions.

5) For property, get used to outlining. All you can do. Make little outlines, letting you know who conveyed what to who.

6) Last but not least, for contracts remember to go in order - don't skip straight to damages, start with what law applies, then whether a contract was formed, is it enforceable, what are the terms, is there an excuse and FINALLY breach and remedies. And remember, for remedies, when stumped think about where the person WOULD have been had the contract been formed and where they are now. The damages they are entitled to is the difference between the two.

Make flashcards for the above and memorize, memorize, memorize this week. However - one caveat. Don't spend hours memorizing, do it in 5-10 minute spurts, since you memorize more effectively that way.

Good Luck!

New Bar Review Program, It's about time!

2008-07-14T05:29:00.000-07:00

So I have discovered, and became a part of, a great new bar review program. Sure, I am a little biased since I am a part of it, but I have to say, it really is a great program. And, not only is it a great program, but it is completely unlike any other bar review program out there. Steven Emanuel, which you know because of all of his hornbooks, has decided to start a bar review, and man, is it awesome. Emanuel Bar Review.

How so, you might ask. Well, for starters, it is a two part program. The May session focuses on an intensive review of the subject matter you need for the MBE. Sure, plenty of review programs go through substantive material, but EBR does it in a way that focuses on what you REALLY need for the MBE. The materials are phenomenal, written by Steven Emanuel himself, with a real focus on how the MBE tests that material. These substantive reviews are followed by tutorials, with qualified tutors (such as myself and Tania!) who will go over anything you happened to miss in the earlier lectures, along with tips on how to tackle questions and how to spend your study time.

Then, in July you take a simulated exam, followed by two days of review of that exam. However, this differs because the reviews are conducted by topic and subtopic, not in the order of the exam. This way, you can compare and contrast the rules of law and the fact patterns.

We’ve gotten some feedback from students that took the May review:
“I think the tutoring aspect was really great and so novel! Also, the fact that the lectures weren't based around specific questions, but rather around topics frequently seen in bar exams was important too. Also, having the handouts to follow were great and allowed students to either listen without taking notes or taking notes while still being able to listen intently to the professor. So often when taking notes, the listening becomes more about trying to get all the words down and not about listening to the substance of the lecture, but with the handouts that was a non-issue!”
“It was excellent and I feel very prepared to go on throughout the summer to study and pass the bar. Each lecture was informative and the tutors made the course even better by further explaining and offering to stay in touch throughout the summer to answer other questions. The books are also well-written and I love my bag. I highly recommend this course and am grateful for it.”
“It’s a fast and efficient way to kick-start your studying for the MBE – I feel like I have a solid grasp of where I need to focus my studying over the next two months.”
not surface for air til after the bar. I think it freaked people out, and I also think it might be bad advice.”

So, it’s not too late as July sessions are still going on in CA and NY, and I’m telling you, these are going to pick up and you’ll soon see them in every state. I'm just very excited to be a part of it, and there are some really amazing people that are on board and committed to making EBR the best bar review program out there!

A little humor never hurt

2008-07-13T15:37:00.000-07:00

Especially to relieve stress during bar review. Check out the facebook page Bar Exam lolcats

You ARE allowed to take study breaks, especially if they help relieve stress. Below are a few of my favorites, and hey, they might help you learn a rule of law or two!

What to do with 3 weeks left?

2008-07-12T23:55:00.000-07:00

Well, you are about 2 1/2 weeks away from the bar – so how do you use our time effectively? That’s the question of the century. First of all, the key is to not freak out – remain calm and realize that you CAN do this. Seriously, confidence is key – confidence to not second guess your gut, confidence to know that after 3 or more years of legal education you CAN do this, confidence to know that if you do not at first succeed, you are in good company, and you will just try again.

But, on a practical legel, what CAN you do. Well, for starters, on the MBE you want to learn something from EVERY Single MBE question. If you don’t, there was no point in doing the question. None. What do I mean by this? Welll, take the question, and whether you get it right or wrong, REALLY understand why you got it right or wrong. Review the explanation in the back of the book, review your notes and really analyze why one answer is better than the other 3. Also, get used to reading carefully.

As for essays, ALWAYS write out your practice essays. Also, use your notes. By using your notes you are effectively studying the black letter law and memorizing it. However, rather than do this passively, you are also practicing your essay writing skills.

Above all else, just memorizing the black letter law is not enough. You need to learn how to apply it, and what t means. Practice makes perfect - cliche, but it's the truth.

Good Luck!