Friday, August 22, 2008

Classes on Manners

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

Tuesday, August 19, 2008

Back to School.......

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.

Tuesday, July 22, 2008

More Last Minute Advice

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!

Monday, July 14, 2008

New Bar Review Program, It's about time!

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!

Sunday, July 13, 2008

A little humor never hurt

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!