Explore every episode of the podcast The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress
Dive into the complete episode list for The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress. Each episode is cataloged with detailed descriptions, making it easy to find and explore specific topics. Keep track of all episodes from your favorite podcast and never miss a moment of insightful content.
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Title
Pub. Date
Duration
277: California Is Outsourcing the Bar Exam to Kaplan?!?
29 Aug 2024
00:27:57
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about California's surprising recent decision to outsource the development of part of the next bar exam to Kaplan.
In this episode, we discuss:
Recap of the changes to the California bar exam starting in February 2025
How is a completely remote bar exam going to work?
When to expect prep materials to be released?
Potential legal issues due to copyrighted questions
276: Listen and Learn -- General, Special, and Quitclaim Deeds (Property)
26 Aug 2024
00:20:47
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing general, special, and quitclaim deeds, as part of our "Listen and Learn" series. We explain the role of these deeds in property transfer, focusing on the protections they offer to grantees, and go through sample questions to see how these topics can show up on the bar exam.
In this episode, we discuss:
Present and future covenants contained in general warranty deeds
267: Quick Tips -- Using Past Bar Essay Questions for Practice
17 Jun 2024
00:16:09
Welcome back to the Bar Exam Toolbox podcast! In this week's episode, we're talking about using past bar exam essay questions as part of your study process. In particular, we talk about when to start practicing, how to practice, how much of your study time to spend practicing, and how to self-evaluate your answers.
In this episode, we discuss:
When to start practicing essay questions and how to practice effectively
Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on an important topic in Evidence – the Best Evidence Rule, which requires a witness to produce the document whose contents he or she is testifying about.
In this episode, we discuss:
How Evidence is different from most other topics on the bar exam
The Best Evidence Rule and its related exceptions
Analyzing several hypos from previous California bar exams
Structuring an answer to an Evidence question on the bar exam
176: Retaking the Bar Multiple Times Before Passing
23 May 2022
00:35:31
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the reasons why some bar takers fail the exam multiple times, and what approaches can help people pass after failing twice or more.
In this episode, we discuss:
How common is failing the bar multiple times?
Some of the reasons why people fail repeatedly
Assessing whether you're ready to sit for the bar again
175: Listen and Learn -- Inchoate Offenses (Criminal Law)
16 May 2022
00:28:07
Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on Criminal Law, specifically inchoate offenses. This topic commonly appears on bar exam questions and includes attempt, solicitation, and conspiracy.
In this episode, we discuss:
How do inchoate offenses differ from other crimes?
The rules for attempt, solicitation, and conspiracy to commit a crime
The merger doctrine
The Pinkerton liability rule
Defenses to inchoate crimes
How to structure an answer to an open-ended question on an exam
174: Listen and Learn -- Privileges and Immunities Clause (Con Law)
09 May 2022
00:15:50
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing how to identify and work through Privileges and Immunities Clause issues on the bar exam.
In this episode, we discuss:
Distinguishing between the Privileges and Immunities Clause of Article IV of the Constitution and the Privileges or Immunities Clause of the Fourteenth Amendment
What steps to take to identify whether the Privileges and Immunities Clause applies
The Dormant Commerce Clause
The two requirements that must be met for a state to pass a law violating the Privileges and Immunities Clause
Analyzing two hypos, from the February 2005 and July 2018 California bar exams
173: Listen and Learn -- Criminal Procedure: Warrant Requirements
02 May 2022
00:25:23
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Criminal Procedure, specifically what is needed for a valid search warrant, and the situations in which a warrant is not required.
In this episode, we discuss:
What is a warrant?
Requirements for a valid search warrant
Eight exceptions to the warrant requirement
Analyzing two hypos, from the July 2009 and February 2006 California bar exams
172: How to Decide Between the UBE and California Bar Exam
25 Apr 2022
00:29:17
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the differences between the UBE and the California bar exam, and how to decide which one makes the most sense for you.
In this episode, we discuss:
What do the UBE and the California bar exam consist of?
Which exam is generally more difficult?
Pros of each of the two exams
Which exam should you take first if you eventually want to take both?
What may be coming in the future for the bar exam?
171: Listen and Learn -- Expectation and Consequential Damages (Contracts)
18 Apr 2022
00:19:21
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we talk about the two most heavily-tested types of legal remedies for a breach of contract.
In this episode, we discuss:
Legal remedies and equitable remedies for a breach of contract
The rules for expectation damages and consequential damages
Different loss-mitigation scenarios
Analyzing two hypos from previous California bar exams
170: Listen and Learn -- Real Property Zoning Rules
11 Apr 2022
00:19:38
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about a frequently tested real property issue – zoning ordinances. We'll cover zoning variances, as well as the different ways in which zoning ordinances can be challenged.
In this episode, we discuss:
What are zoning ordinances (and how are they usually tested on the bar exam)?
169: Listen and Learn -- Personal Jurisdiction (Civ Pro)
04 Apr 2022
00:26:29
Welcome back to the Bar Exam Toolbox podcast! In today's "Listen and Learn" episode, we look at the various ways of establishing whether a court has jurisdiction over the parties in a lawsuit.
In this episode, we discuss:
Establishing personal jurisdiction through traditional bases
The difference between "domicile" and "presence"
Long-arm statutes and ties to the forum state
The two parts of the constitutional analysis
General jurisdiction and specific jurisdiction
Analyzing two hypos from previous California bar exams
Structuring an answer to a personal jurisdiction question
168: 10 Things to Think About If You're Taking the Bar in July 2022
28 Mar 2022
00:32:29
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about what you should be considering in regard to your bar prep if you're planning on sitting for the July 2022 exam.
In this episode, we discuss:
Getting your bar exam application in order
Evaluating bar prep course options
How early and how much to study
Signing up for the MPRE
Considering whether you need accommodations
Keeping in mind the COVID pandemic and allowing yourself some cushion for your bar prep
266: Quick Tips -- Pre-Writing Outlining for Bar Essays
10 Jun 2024
00:12:59
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Quick Tips" series, we're talking about the importance of taking time to outline or otherwise plan your bar essay answer before you start writing.
In this episode, we discuss:
Why should you spend time pre-writing at all?
Best practices for pre-writing
Different methods you can use to outline your answer
How long to spend on your pre-writing process and how much detail to include in your outline
167: Listen and Learn -- Direct and Derivative Actions (Corporations)
21 Mar 2022
00:15:35
Welcome back to the Bar Exam Toolbox podcast! Today, we review the terminology and rules that you'll need to know when answering a question on direct and derivative actions. To illustrate the concepts, we also go over two questions adapted from the California bar exam.
In this episode, we discuss:
Differences between direct and derivative causes of action
Duty of loyalty and duty of care to a corporation
Damages awarded in direct and derivative suits
Majority shareholder oppression
Analyzing two hypos involving corporations, from the February 2017 and July 2015 California bar exams
166: A Conversation with AccessLex CEO Chris Chapman
14 Mar 2022
00:32:27
Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with Chris Chapman, President and CEO of AccessLex, about Helix, their new bar prep product, and about a study they conducted on who's likely to pass the bar.
In this episode, we discuss:
An overview of AccessLex Institute and Chris Chapman's own career path
The Helix Bar Review product and its approach to active learning
An analysis of bar exam study habits
What you should consider when deciding which bar review product to use
165: Maintaining Equilibrium in Strange Times While Studying for the Bar Exam
07 Mar 2022
00:33:26
Welcome back to the Bar Exam Toolbox podcast! Studying for the bar is certainly a challenging time, but you shouldn't be miserable while doing it. Today, we're discussing mental health and maintaining equilibrium during bar prep by reclaiming some time to do things that make you feel good.
In this episode, we discuss:
Things you can do to keep your equilibrium intact during bar prep
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're talking about contract defenses, including mistake, fraudulent misrepresentation, and non-disclosure. For a refresher on the concepts involved in contract formation, take a look at episode 161 of the podcast.
In this episode, we discuss:
Determining the governing law of a contract
Conditions for a valid contract
Mutual mistake and unilateral mistake present at contract formation
Fraudulent misrepresentation related to contract formation
The contract defense of non-disclosure
Analyzing two hypos from previous California bar exams
Welcome back to the Bar Exam Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court.
In this episode, we discuss:
The definition and specifics of removal
The reasons why some defendants would want to move their case to federal court
What is needed for a defendant to motion to move a case to federal court?
Establishing subject matter jurisdiction and diversity jurisdiction
Federal abstention doctrines
Analyzing three hypos from previous California bar exams
162: Listen and Learn -- Federal and State Powers (Con Law)
31 Jan 2022
00:17:14
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about three different topics in Constitutional Law that are sometimes tested together: executive authority, federal preemption, and commandeering. These topics logically go together because they all involve a power struggle between government entities.
In this episode, we discuss:
Presidential and Congressional powers
The three levels of Presidential authority
Express and implied preemption
Can Congress commandeer the states to regulate on its behalf?
Analyzing a hypo from the July 2008 California bar exam
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're looking at the conditions that have to be satisfied in order to form a valid contract. We'll review the concepts and illustrate them with two essay questions from previous bar exams.
In this episode, we discuss:
Determining the applicable law governing a contract
The conditions that have to be satisfied for a valid contract
Recognizing when there is a counter-offer
Applying the mailbox rule to determine the time at which an offer is accepted
Analyzing two hypos from previous California bar exams involving contract formation
160: Listen and Learn -- Standards of Review (Con Law)
17 Jan 2022
00:23:45
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different standards of review a court will apply when dealing with questions of constitutionality. You may also hear these referred to as "levels of scrutiny."
In this episode, we discuss:
The three Constitutional Law levels of scrutiny and how courts apply each of them
Fundamental rights under the Constitution
Suspect and quasi-suspect classes of individuals
The Due Process and Equal Protection clauses
Analyzing two hypos involving the standards of review
159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
10 Jan 2022
00:12:37
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing the standards for admitting witness testimony, which are found in the rules of Evidence.
In this episode, we discuss:
Who can be a lay witness?
The instances in which lay witnesses can offer opinion testimony
When is expert witness testimony permitted at trial?
Factors used to determine the reliability of an expert's testimony
Analyzing two hypos from previous California bar exams
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay.
In this episode, we discuss:
The rule for multiple hearsay
A review of the general rule for hearsay and how to apply it properly
Hearsay exceptions
A step-by-step approach for analyzing questions containing hearsay within hearsay
Analyzing two hypos that illustrate multiple hearsay
265: Quick Tips -- What If You Run Out of Time While Writing a Bar Essay Answer?
03 Jun 2024
00:11:40
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Quick Tips" series, we're talking about time management on the bar exam. Specifically, we share tips on what to do if you run out of time when writing an essay answer.
In this episode, we discuss:
What happens if you run out of time on an essay or miss one completely?
Fighting the urge to keep writing
How to quickly wrap up your essay response and move on
Time management tips that can help you avoid running out of time altogether
Today, I want to share a game-changer for your bar exam prep: SpacedRepetition.com. We've interviewed their CEO on the podcast before - check out episode 244 - but if you haven't heard about it, the site uses cutting-edge cognitive science to double, triple, or even quadruple memory retention, making sure you remember the most tested black letter law when it counts. The science is very real, and very effective, and we highly recommend giving it a try.It's only $99, and you even get a full week to decide if it's for you before you pay a penny.Plus, as a listener of our podcast, you get an exclusive 15% off the "Boost Deck," which is the product on SpacedRepetition.com made specifically for bar-preppers. When you check out, enter "toolbox" in all lower-case letters to get the discount!
(This is an affiliate promo code, which means that we may receive a small commission if you use it, at no additional cost to you. We only recommend products we trust and believe will be beneficial to our followers. Thanks for helping us bring you valuable content!)
157: Listen and Learn -- The Sixth Amendment
20 Dec 2021
00:11:45
Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act.
In this episode, we discuss:
The rights that the Sixth Amendment protects
The general rule for competence
When a judge may deny a defendant's right to represent himself/herself
A criminal defendant's right to counsel
The relationship between the right to counsel under the Sixth Amendment and Miranda warnings under the Fifth Amendment
Analyzing a hypo involving the Sixth Amendment, based on previous California bar exams
156: Listen and Learn -- The Fourth Amendment: Informer Tips
13 Dec 2021
00:12:26
Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous informants. We previously discussed other aspects of the Fourth Amendment in episode 141 of the podcast.
In this episode, we discuss:
A review of the Fourth Amendment to the U.S. Constitution
Determining when probable cause arises for an arrest, search, or seizure
How is a "totality of the circumstances" analysis performed?
Going through two hypos, from the February 2004 and July 2021 California bar exams
How to structure an answer to an essay question involving anonymous informant tips
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we share tips for what a solid personalized study schedule would look like, and have suggestions for how to stay on track with your schedule once you've put it together.
In this episode, we discuss:
Choosing between a commercial bar course study schedule and building your own
What materials and tasks should be on an ideal schedule?
How many hours does bar prep generally take?
How to structure your study time around other responsibilities you have
Prioritizing active learning over passive listening
Focusing your efforts on your weaker areas of the law
Staying on track once you've put together a schedule
154: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
29 Nov 2021
00:18:40
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment.
In this episode, we discuss:
A brief review of the Fourth, Fifth, and Sixth Amendments
The exclusionary rule and its related exceptions
Statements made after a suspect has been given Miranda warnings
Going through a hypo from the February 2018 California bar exam
153: Listen and Learn -- More Types of Joinder (Civ Pro)
15 Nov 2021
00:18:31
Welcome back to the Bar Exam Toolbox podcast! Today's episode is the second part of our discussion of joinder. In particular, we look at intervention, impleader (or third-party action), and class actions. We previously covered permissive and required joinder in episode 145.
In this episode, we discuss:
The five types of joinder
Intervention as a right and permissive intervention
When impleader (or third-party action) comes up
What is a class action?
Examples illustrating the different types of joinder we cover in the episode
152: Practical Aspects of Retaking the Bar Exam After a Failure
08 Nov 2021
00:34:42
Welcome back to the Bar Exam Toolbox podcast! Last week we discussed the emotional fallout from a bar exam failure, and today, we're moving on to navigating the practical steps of retaking the exam.
In this episode, we discuss:
The most common reasons people fail the bar
Analyzing why you failed and what you have to work on to succeed the next time
Exploring different study methods
When to start studying and how much study time to set aside
Thinking about whether you might need accommodations on the exam
Common questions and concerns when it comes to bar prep
151: Dealing with the Emotional Aspects of Failing the Bar Exam
01 Nov 2021
00:34:21
Welcome back to the Bar Exam Toolbox podcast! Today, we're chatting about the emotional challenges of a bar exam failure. We walk you through the first few days of frustration to finding the motivation to start studying again.
In this episode, we discuss:
Tips for processing bar exam failure so you can move on
Knowing what your coping mechanisms are
Getting ongoing emotional support
Battling imposter syndrome and a defeatist mindset
150: Listen and Learn -- Corporate Formation and Pre-Incorporation Liability
25 Oct 2021
00:16:10
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about how corporations are formed, what happens when formation isn't completed, and the details of pre-formation contract liability.
In this episode, we discuss:
How is a corporation properly formed?
Characteristics of de facto, de jure, and corporations by estoppel
Analyzing two hypos, from the February 2013 and February 2005 California bar exams
149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
18 Oct 2021
00:24:57
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants. Both are subtopics of Negligence under Tort Law.
In this episode, we discuss:
A general review of negligence and duty
The duty landlords owe to tenants with respect to maintenance and latent defects
The duty landlords owe to tenants to keep them safe from the criminal acts of third persons
What duty landowners or possessors owe to people that enter their property - trespassers, social guests, and invitees
Analyzing a hypo from the February 2019 California bar exam
148: Listen and Learn -- Claim and Issue Preclusion (Civil Procedure)
11 Oct 2021
00:12:34
Welcome back to the Bar Exam Toolbox podcast! As part of our "Listen and Learn" series, today we're focusing on one of the newest additions to the MBE portion of the bar exam: Civil Procedure. In particular, we take a look at claim preclusion and issue preclusion, also known as res judicata and collateral estoppel.
In this episode, we discuss:
A review of the categories of Civil Procedure questions on the bar exam
The rule and elements of claim preclusion (or res judicata)
The rule and elements of issue preclusion (or collateral estoppel)
Invoking claim preclusion or issue preclusion as a defense, or offensively by a plaintiff
Illustrating res judicata and collateral estoppel with two sample questions
264: Listen and Learn -- Concurrent Estates (Property)
27 May 2024
00:26:04
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're talking about concurrent ownership of property. For a discussion on the related topic of present and future estates, you can check out episodes 250 and 251 of the podcast.
In this episode, we discuss:
Concurrent estates versus present and future estates
Today, I want to share a game-changer for your bar exam prep: SpacedRepetition.com. We've interviewed their founder on the podcast before - check out episode 244 - but if you haven't heard about it, the site uses cutting-edge cognitive science to double, triple, or even quadruple memory retention, making sure you remember the most tested black letter law when it counts. The science is very real, and very effective, and we highly recommend giving it a try.It's only $99, and you even get a full week to decide if it's for you before you pay a penny.Plus, as a listener of our podcast, you get an exclusive 15% off the "Boost Deck," which is the product on SpacedRepetition.com made specifically for bar-preppers. When you check out, enterTOOLBOXin all caps to get the discount!
(This is an affiliate promo code, which means that we may receive a small commission if you use it, at no additional cost to you. We only recommend products we trust and believe will be beneficial to our followers. Thanks for helping us bring you valuable content!)
147: Listen and Learn -- Negligence: Duties of Professionals and Children
04 Oct 2021
00:15:31
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law.
In this episode, we discuss:
Brushing up on the subjects of negligence and duty
The standards of care to which children are held
What happens if a child is engaged in an adult activity?
Duties that professionals owe to their clients/patients
The special rule for psychologists and psychotherapists
The Tarasoff v. Regents of the University of California case
Analyzing a hypo from the July 2002 California bar exam
Welcome back to the Bar Exam Toolbox podcast! In today's installment of our "Listen and Learn" series, we're focusing on Real Property. In particular, we're diving into the tricky subtopic of mortgages and priorities.
In this episode, we discuss:
What is a promissory note?
Mortgages and purchase money mortgages
What is a deed of trust?
How the money from a foreclosure is distributed
The recording process in different jurisdictions
Tackling two mortgages hypos, from the February 2014 and July 2002 California bar exams
145: Listen and Learn -- Permissive Joinder and Required Joinder
30 Aug 2021
00:19:11
Welcome back to the Bar Exam Toolbox podcast! Today in our "Listen and Learn" series, we're dealing with another topic from civil procedure. In particular, we discuss two of the five types of joinder -- permissive and required joinder.
In this episode, we discuss:
A review of subject matter jurisdiction
The five types of joinder
When does someone have permission to become a party to a lawsuit?
When is someone required to be added to a lawsuit?
Analyzing hypos involving permissive and required joinder
What happens if joinder is necessary but not feasible?
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on the bar exam.
Welcome back to the Bar Exam Toolbox podcast! Today, we discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which all involve someone speaking or writing about him or herself. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132.
In this episode, we discuss:
A review of the definition of hearsay
Statement against interest exception
Statement made for medical diagnosis or treatment exception
Statement of personal or family history exception
What it means to be unavailable for the purposes of hearsay exceptions
How to approach "racehorse essays"
Questions involving double hearsay
Analyzing two hypos, from the July 2010 and February 2017 California bar exams
Welcome back to the Bar Exam Toolbox podcast! Today, we're sharing some of the worst bar exam advice we've heard over the years, and what we think you should do instead to prepare for the exam.
In this episode, we discuss:
Bad Bar Exam Advice 101
Memorization techniques and learning styles
How much law do you have to know for the bar?
How we think you should approach studying for the exam
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing when the Fourth Amendment to the United States Constitution applies, and how to determine if an unlawful search has occurred.
In this episode, we discuss:
The rules governing searches and seizures
How to determine if an individual's Fourth Amendment rights have been violated
How a government agent can conduct a search
Analyzing two hypos from previous California bar exams
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we tackle the topic of regulatory takings, which is often tested in crossover essay questions that cover both Property and Constitutional Law issues.
In this episode, we discuss:
What constitutes a "taking"?
Possessory and regulatory takings
Distinguishing between the two types of regulatory takings
The Lucas v. South Carolina Coastal Council case
The three Penn Central factors, derived from the case Penn Central Transportation Co. v. New York City
The "denominator problem"
Analyzing two hypos involving regulatory takings
How to organize your answer when the question provides a list of claims by separate parties
139: Employment Considerations Related to the Bar Exam (w/Sadie Jones)
28 Jun 2021
00:32:29
Welcome back to the Bar Exam Toolbox podcast! Today, we have ex-BigLaw recruiter Sadie Jones with us to talk about common career-related issues to think about while deciding when and where to sit for the bar exam. We also look at the best way to approach your employer in each of these scenarios.
In this episode, we discuss:
How do employers generally think about the bar exam?
Deciding where you should take the exam
Is it better to have the transferable UBE score?
What if you have concerns upfront about passing?
Handling the situation of failing the bar
What if you're licensed and later decide to move to a new state?
138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
21 Jun 2021
00:14:24
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two more hearsay exceptions -- prior testimony and past recollection recorded. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132.
In this episode, we discuss:
A review of the definition of hearsay
When is a declarant deemed unavailable as a witness?
The rules for the prior testimony exception and the past recollection recorded exception
Questions involving multiple hearsay
Going through two hypos from previous California bar exams
263: Navigating Accommodations and Self-Advocacy in the Legal Field (w/AJ Link)
20 May 2024
00:44:17
Welcome back to the Bar Exam Toolbox podcast! In this week's episode, we have AJ Link joining us on the podcast. AJ is the president of the National Disabled Legal Professionals Association and today we're talking about accommodations and advocating for yourself in the legal profession.
In this episode, we discuss:
AJ's background and legal career path
The mission of the National Disabled Legal Professionals Association
The reasons why many students hesitate to file for accommodations for the bar exam
Appealing accommodations decisions if your request is denied
Resources for getting the documentation for accommodations in place
What are some ways to advocate for yourself in the workplace?
Today, I want to share a game-changer for your bar exam prep: SpacedRepetition.com. We've interviewed their CEO on the podcast before - check out episode 244 - but if you haven't heard about it, the site uses cutting-edge cognitive science to double, triple, or even quadruple memory retention, making sure you remember the most tested black letter law when it counts. The science is very real, and very effective, and we highly recommend giving it a try.It's only $99, and you even get a full week to decide if it's for you before you pay a penny.Plus, as a listener of our podcast, you get an exclusive 15% off the "Boost Deck," which is the product on SpacedRepetition.com made specifically for bar-preppers. When you check out, enter "toolbox" in all lower-case letters to get the discount!
(This is an affiliate promo code, which means that we may receive a small commission if you use it, at no additional cost to you. We only recommend products we trust and believe will be beneficial to our followers. Thanks for helping us bring you valuable content!)
137: Listen and Learn -- The Confrontation Clause
14 Jun 2021
00:10:26
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues.
In this episode, we discuss:
Reviewing the rules of the Confrontation Clause
The relationship between Confrontation Clause and hearsay questions
How to determine whether a statement made to the police is testimonial in nature, or the Primary Purpose Test
Analyzing two hypos from previous California bar exams
Welcome back to the Bar Exam Toolbox podcast! We're coming up on the third online bar exam, and we're continuing to get questions from students and listeners about the best way to outline when using scratch paper is not possible. Join us for this episode as we share some best practices for outlining on the remote bar exam.
In this episode, we discuss:
How important is it to outline your answer?
Outlining on paper versus on screen
Outlining for essay questions and the performance test
135: Listen and Learn -- The Dormant Commerce Clause
24 May 2021
00:17:32
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the Commerce Clause in episode 108.
In this episode, we discuss:
A brief review of the Commerce Clause
When the Dormant Commerce Clause comes into play
What constitutes an unduly burdensome regulation
The market participant exception
Other issues tested alongside the Dormant Commerce Clause
Analyzing two hypos from previous California bar exams
How to approach questions where it's possible to argue either way