Friday, February 27, 2015

The February 2015 Bar Exam: Areas Tested on the MBE Federal Civil Procedure Section

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

It is the policy of Bar Professors to try to interview as many of our students after the bar exam. This legal information gathering enables us to process and stay current with MBE trends, questions, test taking techniques and, most importantly, areas tested. Moreover, this methodology helps us to continue to provide quality seminars and tutorials.

Our students indicated to us that these were the areas tested on the Federal Civil Procedure MBE section: Settlements, TROs, Discovery, Appeals, Default Judgments, Subject Matter Jurisdiction and Diversity, Jury and Bench Trials, Venue, Interpleader, Rule 11, Cross and Counter Claims, Personal Jurisdiction, Motions to Dismiss, and Judicial Notice.

Please go to BarProfessors.com for our list of MBE Seminars.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The February 2015 Bar Exam: The Bar Exam is Over, The Waiting Begins

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

The bar exam is over and the waiting begins. North Carolina is usually one of the first states to release its results in approximately a month. Then the states begin to roll in, one after another.

For now, take the time to relax and have fun. You deserve it. There will be enough time to fret and wait for your results.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Thursday, February 26, 2015

The February 2015 Bar Exam: Good Luck to Those Who Are Still Taking the Bar Exam

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

There are a few states that are sitting for their state essays today. Students from Massachusetts, New Jersey, Nevada, and, of course, California are working on their bar exams today. Good luck on your final day of the exam. You can do this – you can pass the bar exam.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, February 25, 2015

The February 2015 Bar Exam: Today is the MBE Exam

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Today is the MBE for everyone taking the bar, no matter where you are taking the bar exam (except for Louisiana and Washington). Relax and be confident. Pace yourself. Remember, 1.6 minutes a question. Keep your time. You must answer every question. You have studied hard for this day and you will perform to the best of your ability. Good luck to everyone. Keep believing in yourself.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, February 24, 2015

The February 2015 Bar Exam: Florida Essay Subjects Tested

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

These are the areas tested on the Florida bar exam for February 2015:

1. Family Law
2. Federal Constitutional Law/Torts/PR
3. Property/Florida Constitutional Law

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The February 2015 Bar Exam: Today is the Bar Exam

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Today is the bar exam. Relax, be confident and do your thing. You have studied hard for this day and you will perform to the best of your ability. Tonight, go back to your home or to your hotel and rest. Don’t do anymore studying for the MBE. Eat, watch a little television and then go to sleep. You will be so tired, you will be asleep before your head hits your pillow. But it will be a well earned rest. Good luck to everyone. Keep believing in yourself. This is the first day of your life as an attorney.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.


We can help you succeed!

Monday, February 23, 2015

The February 2015 Bar Exam: 1 day to the Bar Exam: Relax and Be Confident

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

You are almost to the finish line. Get ready today by relaxing and being confident in your abilities. You have been preparing for your chance to be a lawyer for 3 years or more. You can do this. Go to your hotel room or stay home and try to have a quiet, restful day. No upsets and no panic attacks are allowed. Review your essay notes today, get to bed early and relax. Even if you can’t sleep, lie down with the lights off and get some rest. Your body will thank you tomorrow during the bar exam.

Wake up early on Tuesday, get to the exam site in plenty of time to get registered and kick the stuffings out of this bar. Make sure you have a positive attitude and be confident in your abilities. Do well, my friends. You can do this.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Sunday, February 22, 2015

The February 2015 Bar Exam: 2 days to the Bar Exam: The Monday Before the Bar Exam

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

It is now 2 days to the bar exam. Let’s talk about what you should do the day before the exam.

Take Monday off so you can rest and be alert during the exam. Keep the final day low key and try not to think about the exam. If you are staying at a hotel, get to your hotel early, check in and relax. Keep your anxiety under control and you’ll be fine. Work on being calm and collected.

The Night Before the Exam

Eat small meals on Monday – you want to eat something that gives you some strength but nothing that you know can make you feel sick. You know your own body, so play it smart. Avoid anything that makes you feel queasy. Don’t drink alcohol, even if you think it will calm your nerves – you do not want to be foggy Tuesday morning.

The night before the exam is the one time you may want to read a little material or study because you probably will have trouble sleeping on Monday night. Try reading a bar outline. If you can’t fall asleep, just lie there. Don’t try to do extra studying, just rest. If you can’t fall asleep, don’t get out of bed, do not pace, do not watch television, do not text, do not play on the internet, do not go on facebook, do not exercise. You do not want to do anything that will keep your mind active. You want to keep your mind at rest, even if your body can’t rest.

The Day of the Exam

Don’t try to study when you get up. You’ll be too nervous and your retention level will be minimal. It’s best to work on your nerves as you get dressed. Tell yourself that you know the materials and you will do well. Keep that positive attitude. Do not approach the morning of the bar like you are going to your personal execution. You are well prepared and you must believe that you will do well.

Eat a small breakfast the morning of the bar exam so you have enough fuel to keep going. Do not drink too much that it causes frequent restroom visits.

Leave your cellphone at the hotel or in the car. Do not bring it into the site. You will be kicked out of the bar if your phone rings. In Florida, no more wristwatches are allowed into the exam site.

Also important is your lunch. Avoid heavy foods that will make you sleepy. Again, limit your drink intake to avoid frequent restroom breaks.

During Your Breaks

Do not talk to anyone about the exam during your breaks. Inevitably someone will want to talk about the bar and inevitably that person put down something different from what you did. Do not second guess yourself by rehashing the exam. Move forward at all times.
Make sure you have a positive outlook. Be confident. You’ve done hundreds of practice questions by now. You can do this. You will pass. Good luck to all.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Saturday, February 21, 2015

The February 2015 Bar Exam: 3 days to the Bar Exam: Powering Down This Weekend

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

It is now 3 days to the bar exam. This is the final weekend before you sit for the bar exam.

One of the most important factors in your performance on the bar exam is going to be your stamina – to sit for 3 hours at a stretch, with no breaks, concentrating solely on the bar exam will be quite an endeavor. You need to remain focused and energized throughout the bar exam in order for you to do your best work.

First, you need to catch up on your rest and start powering down on your studying this weekend. Try to have a less stressful couple of days. Put in study time, but also sleep, rest and relax. You have done your preparation and now it’s time to get in the game, mentally and physically.

You will be nervous this weekend, but try to contain your anxiety – you have studied hard and you are ready. Review your materials, go over your outlines, write out an essay or two to keep in practice and also work on some MBE questions – making sure you read the explanations of why the answer choices are right or wrong. Don’t let doubt creep into your thinking. You must be confident – you know you will pass. Good luck.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Friday, February 20, 2015

The February 2015 Bar Exam: 4 days to the February 2015 Bar Exam: Essay Predictions

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

It is now 4 days to the bar exam.

During this last week before the bar exam, I have many students ask me what my prediction is for exam subjects. Anyone who claims to predict what will be on the bar exam is just guessing. I remember one year, a lecturer on the bar exam circuit claimed that since trusts had been tested in the previous exam cycle, it would not be tested again and to forget about trusts. Unfortunately, many students took that advice and freaked when they opened the exam questions on the day of the bar exam and saw that the bar examiners did in fact test trusts twice in a row. This last bar cycle, a bar lecturer told his students that the Florida Board of Bar Examiners would not test Commercial Paper – and if, on the off chance they did, to just throw down the words “holder in due course”. Of course, this past July, commercial paper was on the exam.

These cautionary tales are meant to be what it is – do not endlessly search for predictions or to take anyone’s predictions as gospel. You have prepared for any eventuality – in any subject that is tested. Don’t try to second guess yourself and your preparation or to find a shortcut in your studies. This weekend, make sure you review every subject that is tested in your state. Only then will you be thoroughly prepared, with or without, any person’s prediction of what subjects will be tested on the essays.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Thursday, February 19, 2015

The February 2015 Bar Exam: 5 days to the February 2015 Bar Exam: Using Facts for Your Essays

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Most lawyers know that the facts of their case will win or lose their argument. The law remains static. The elements of a cause of action are always the same. A contract is always formed with the same elements of offer, acceptance, consideration and no defenses. Negligence is still a breach of a duty that caused an injury. What turns the case is the facts. One set of facts show a clear case of a validly formed contract, another set of facts show there was no meeting of the minds and no contract was formed. This is where a lawyer’s “bread and butter” lies – it’s what we get paid to do – make distinctions between a set of facts.

A good lawyer can articulate the facts as it relates to the law. That is what you are being tested on in your essay questions. The bar exam graders are looking to see how you take the facts they give you and relate it to the elements of the law. That is why you must blend the law with the facts. Do not just repeat the facts of the essay question. That is not your job. You are to take those facts and apply it to the law for complete analysis. Tell the bar examiners why these facts point to a certain legal issue. For example, if you see a formation of a contract, tell the bar examiners why you see a contract. Patiently, discuss why there is an offer, who accepted the offer, if there was a bargained for exchange and if defenses apply. Take each element separately. As a rule of thumb, for every element of the rule, state a corresponding fact. Take you time to discuss the facts, but only in context with the law.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, February 18, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Paul sues Rick in federal court in Wyoming. Rick answers the complaint, and 40 days later he realizes that he may have insufficient contacts to be sued in Wyoming and files a motion to dismiss for lack of personal jurisdiction. Assuming the court agrees with Rick, what action should it take?

A. The court should ask Paul where he would like the case transferred.
B. The court should dismiss the case. Paul may refile it where personal jurisdiction over Rick would be proper.
C. The court should dismiss the case with prejudice. Paul may not refile it.
D. The court should keep the case. By answering, Rick has waived any objection he may have had to personal jurisdiction.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, February 17, 2015

The February 2015 Bar Exam: 1 week to the Bar Exam: Keep Your Focus

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Your goal for this last week is to keep your focus while you solidify your knowledge of the black letter law and improve your timing. The week before the exam is a time when you should be cool, collected and confident.

Don’t let anyone or anything distract you this week. It’s not worth it. You only have a week left to go and you can relax later,

Remember to take care of your body and mind. This means eating well, getting some sleep and working on self-confidence.

As to practical things, make sure you have confirmed your travel plans or hotel stay, make sure you have packed what you need to take with you for the bar exam, including your admission ticket, your identification, your watch, etc.

For the Florida bar exam takers, effective with the February 2015 General Bar Examination, applicants will not be permitted to bring wristwatches, other, similar timekeeping devices (i.e., Activity/Fitness Trackers) or clocks of any type into the examination room. Countdown clocks are located in the examination room.

Now that you know the law, make sure your timing is correct, i.e. complete 17 MBE questions in 30 minutes; 34 MBE questions in an hour and complete an essay in the time allotted for your jurisdiction.

It isn’t uncommon to start running out of energy this week. So take some breaks to energize yourself. You need to keep your mind focused on bar material. Your focus is critical to success.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Monday, February 16, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Amy, a purchaser of an energy drink, filed a class action in federal court in Indiana, Amy’s home state, against ABC Company (an Indiana corporation with its principal place of business in Indiana), the manufacturer of the energy drink. Amy’s complaint alleges that the energy drink actually has no energy benefits and alleges breach of implied warranty claims against ABC Company. The complaint seeks recovery of the amount that Amy and each class member paid for the energy drinks. The complaint describes the class as all citizens and legal residents of the United States who have purchased an energy drink from ABC Company from January 1, 2012 to December 31, 2013. Approximately 60,000 class members each paid $100 for the energy drink, which was sold in Indiana, New York, Florida and Texas. There are about 15,000 class members in each of the four states. Amy’s individual claim is for $225 in out-of-pocket expenses. Does the federal court have jurisdiction over this class action?

A. No. Amy is the class representative and she is from the same state as the defendant.
B. Yes. There is sufficient minimal diversity, there are more than one hundred class members, and the amount in controversy exceeds $5 million.
C. Yes. The court has supplemental jurisdiction over the class members’ claims because they share a common nucleus of operative fact with Amy’s claim.
D. No. The court does not have supplemental jurisdiction over the class members’ claims because the class members have different damages.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Sunday, February 15, 2015

The February 2015 Bar Exam: Keep Bar Exam Hours

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

With the bar exam just around the corner, you will need to adjust your schedule to imitate the bar exam hours. We all know that the bar exam is not only mentally exhausting, but also physically challenging, especially if you are not used to getting up early in the morning and performing at your best, starting at 9 am. The best way to get used to that grueling schedule is to move to “bar exam hours.”

If you are like some of my students who study all night, stop it today. From this day forward, until after the bar exam, get up at 6 am or 7 am, shake the early morning cobwebs loose, and eat a little breakfast. Even if you hate breakfast, you know you’ll need to eat something the morning of the bar exam. You cannot wait until the lunch break to take nutrition on the day of the bar exam. In this run up to the bar exam, eat a little something every morning. If you are not a breakfast person, let your stomach adjust to early morning food. Eat simple and bland – bread, a banana.

Then, start studying at 9 am until 12 pm, with no breaks, take an hour to eat and relax, then study from 1 pm to 4 pm, with no breaks, You want to mimic the bar exam hours so you are at your peak at 9 am every day. Don’t leave anything to chance, plan out your day, even to the most minute details. That is what lawyers do.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Saturday, February 14, 2015

The February 2015 Bar Exam: 10 Days to the Bar Exam

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Today marks 10 days to the bar exam. This is a pretty significant day for you. You should be just about finished with your studies. You should know the law, understand the mechanics of the bar exam and understand how to tackle the MBE questions, the essays and the MPTs. It’s now time to start powering down a bit.

If you have studied hard and if you are physically tired, try to rest more this weekend. You do not want to enter the bar exam exhausted and physically spent. Many of you will start to have sleepless nights or have nightmares about the bar exam and your anxiety will reach higher levels. Try to compensate for your lack of sleep at night by taking some power naps. Don’t feel guilty – you’ve earned it. You want to be at your best physically and mentally and you can’t do that if you are too tired to think. So lie down on the couch and take a short nap when you need to. Meanwhile, review your outlines and do a few essays a day and an hour or two of MBE questions per day. If your state tests the MPT, write out a MPT every other day. It’s time now to reinforce what you already know. Reviewing and practicing will build your confidence that you really do know the subject matter.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Friday, February 13, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Mary and Tom own adjoining tracts of land in Fouke, Arkansas. Tom claimed that Mary has interfered with Tom’s use and enjoyment of the property. Tom brings a lawsuit on this claim in federal district court in the Northern District of Arkansas, the requirement of diversity jurisdiction being satisfied. Which of the following propositions is most accurate?

A. If Tom seeks an injunction, Mary will be entitled to a jury trial of all fact issues.
B. If Tom seeking a money judgment, Mary will not be entitled to a jury trial of all fact issues.
C. If Tom seeks both money damages and an injunction, he will be entitled to a jury trial of all fact issues.
D. If Tom seeks both an injunction and incidental money damages, Tom will not be entitled to a jury trial of all fact issues.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Thursday, February 12, 2015

The February 2015 Bar Exam: The Distractors

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

In prior blogs, I’ve talked about those toxic people in your personal life. You know the type. Those are the people who like to tell you horrible stories about people who have failed the bar exam, or want you to play hooky when you should be studying.

But I have one more. I have found that there are a few law students at every law school that try to distract their fellow law students, especially those that have been studying hard. Those “distractors” have not put in the study time nor have they worked as hard as you have. Their purpose is to try to throw you off your game and to disturb your peace of mind.

There are two types of distractors. The first distractor wanders the study places, begging you for little scraps of information, i.e. wanting to know the elements of some rule, and freaking out because they don’t know the law. The other distractor wanders the study places, telling you that they are powering down because they know everything cold and they don’t need to study anymore. There was one student at my school who tried to get people to ditch their work to go play golf with him. Then on the day of the exam, he was walking around asking about the elements of negligence, or some other such nonsense. Of course, he failed the bar exam and apparently wanted others to fail with him.

The purpose of both distractors is to divert you from your own studying and to make you feel unduly nervous and anxious. They will try to undermine your own confidence. They are going to make your question your own knowledge and freak you out too. Stay away from those people. You want to keep focused and keep your mind clear and easy as you march towards your goal.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, February 11, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Robert sues Motor Company for injuries suffered in an accident involving his Motor Company sports car. He also sues Durant, the driver of another car involved in the accident. Motor Company includes in its answer an allegation that Robert was negligent because he had been drinking before the accident. Durant defends on the ground that he was not negligent. Durant does not raise Robert’s negligence as an affirmative defense. Durant sends an interrogatory to Robert asking if he had been drinking before the accident and if so how many drinks he had had.

A. Durant’s interrogatory is proper and Robert must answer it.
B. Robert may object on the ground that the information is beyond the scope of discovery, because Durant has not pleaded negligence from Robert.
C. Robert may object on the basis of the attorney/client privilege if he had revealed to counsel in confidence that he had been drinking before the accident.
D. Robert’s counsel could object on the basis of the work product doctrine, if Robert had given his counsel a statement admitting that he had been drinking before the accident.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, February 10, 2015

2 Weeks to the February 2015 Bar Exam: Keep Practicing

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

You have 2 weeks until the bar examination. Instead of spending the day getting nervous about the time, concentrate on what you have left to do.

By this time, you should have pretty much memorized as much black letter law as you can cram into your brain. It is now time to put away the books and stop studying the law.

What you need to do in these final 2 weeks to prepare yourself for the bar exam is to practice, practice, practice. You are now familiar with your state test and the MBE questions and what to expect from the bar exam.

Try to do an essay or two every day, testing yourself on a variety of subjects that you know your state tests. Do the essays under test conditions. Once you finish your essay under time constraints, spend an equal amount of time reading your essay and comparing it to the model answer. Read for comprehension, also. There might be a point of law that you did not know that you can learn from reading the model answer.

For those states who have the UBE, and California or New York who have performance tests, you also must include taking the time to do the performance test also. Try doing 1 performance test every other day. This way you can probably get 5 or 6 performance tests in to your practice sessions prior to the bar exam. On the days you do not do a performance test, practice your essays.

In between the essays and performance tests, you also need to work on questions for the Multistate. Try to get in at least 50-100 MBE questions per day, if you can. This way you can really be sharp when exam time comes.

Don’t waste the time to panic, but do take the time to practice. You will be more prepared than ever if you follow this schedule.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California,
and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Monday, February 9, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Wally, from Connecticut, sues Allen Corporation, incorporated in Delaware with its principal place of business in Massachusetts, for injuries suffered in an accident with Verda, an employee of Allen Corporation. The accident took place in Richmond, Virginia. Wally brings a lawsuit in state court in Worchester County, Massachusetts, where Allen Corporation has a major factory. He believes that Worchester jurors will be unfavorably disposed towards Allen Corporation, which has laid off 350 workers in Worchester over the past year. Allen Corporation prefers to avoid litigating in the Massachusetts state court. Allen Corporation’s best chance for getting the case out of the Massachusetts state court would be to:

A. Remove the case to the federal court in Virginia
B. Move to dismiss for forum non conveniens
C. Move to transfer the case to state court in Virginia
D. Remove the case to the federal court in Massachusetts

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Friday, February 6, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Harry brings a negligence action against Steven, owner of a car, for injuries in an accident. At the time of the accident, the car was driven by Carl. Harry bases his claim against Steven on a statute making an owner liable for injuries negligently caused by a driver while driving the owner’s car with permission. Steven defends on the ground that Carl was not using the car with his permission at the time of the accident. Harry recovers damages from Steven. Steven now sues Carl, to recover indemnification for the damages he had to pay because of Carl’s negligence. In Steven’s action against Carl

A. Neither res judicata nor collateral estoppel will bar Steven from pursing his indemnification claim against Carl.
B. The court will not dismiss, but will bar Carl from relitigating the issue of his negligence, since Harry could not have prevailed against Steven without establishing Carl’s negligence.
C. The court will dismiss the claim, since Steven had the opportunity to litigate this claim against Carl in the first action by impleading him under Rule 14.
D. The court will dismiss on res judicata grounds, since Steven already litigated this transaction or occurrence against Harry.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Thursday, February 5, 2015

The February 2015 Bar Exam: Strategies for the Answer Choices for the MBE

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Here are some strategies for the answer choices for the MBE:

1. Look for the more precise answer: That is a better choice – one that incorporates more facts and more of the law relevant to your fact pattern.

2. Be careful of those absolutes. If you see words like must, always, never, etc., be careful, because we know that the law almost never deals in absolutes. They are few absolutes in the law.

3. Look for conjunctions. Be careful when you see words like because, if, only if, unless, etc. Those conjunctions are designed to try to trick the reader, especially the careless reader. For example, you’ll see a question that says, if the jury believes the defendant, it is because…. This example wants you to focus on the defendant’s defense, not whether the defendant is guilty.

4. Be careful of distractors. Common distractors for evidence are the best evidence rule and prejudicial v. probative. Make sure you know when you can use these two as the right answer or else they may be distractors.

5. Be careful of sympathy or dislike. The MBE likes to pull at your heart strings a bit too. Sometimes they have a really reprehensible defendant who has a legitimate “procedural” issue that makes him not guilty, i.e. an improper search and seizure. You want to find him guilty, but the police make an error and the evidence is suppressed. Similarly, you’ll see a sympathetic person who commits a cause of action or a crime and must be either liable or guilty. Don’t let emotion rule the day.

Remember, that common mistakes in choosing the answer come from not knowing the law, not reading the fact pattern carefully, or not reading the call of the question.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, February 4, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Richard sues Laboratories for injuries allegedly caused by its asthma drug, Pro-Nasal. The lawsuit is brought in federal court in Arizona. Richard’s lawyer sends Laboratories a Rule 34 Request for “all documents, files and other records relating to the pre-market testing of the drug Pro-Nasal, whether in hard copy or electronic form, including e-mail and voice mail, deleted files, hard drives, laptops and other electronic devices or storage systems.” Most documents concerning the testing are in the possession of Testing Company, an independent testing laboratory in Georgia that contracts with Laboratories to test its new pharmaceutical products. Laboratories’ counsel should object to the request because

A. The records at Testing Company are in the possession of an independent company, not the defendant.
B. The records at Testing Company are not present in Arizona, and therefore are not subject to the jurisdiction of the court.
C. The request does not describe the records sought with reasonable particularity.
D. None of the listed objections is likely to be accepted by the court.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, February 3, 2015

The February 2015 Bar Exam: 3 Weeks to the Bar Exam

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Three weeks to the bar exam is a good time to evaluate how you are doing. You have enough time to now pinpoint your weak areas and enough time to change your schedule if you feel you’re spinning your wheels. Consider this day your line in the sand.

By now you should have done several hundred multistate questions, at least 15 state essays and at least 4 performance tests.
If you haven’t done it, get busy. Change your schedule if you need to, work on your weak areas and keep testing.

If you have, you are ready for the bar exam. You just need to keep working, stay cool and continue to test yourself.

Make sure you are peaking on exam day. If you are like some of my students who study all night, stop it today. Get up at 6 am or 7 am and start studying at 9 am until 12 pm, with no breaks, then study from 1 pm to 4 pm, with no breaks, You want to mimic the bar exam hours so you are at your peak at 9 am every day.

Don’t pretend you’re not nervous. Accept that it’s okay to be nervous. Channel that nervous energy properly by attacking your study schedule and transform your nerves into confidence. But, remember, you do not want to be overly tired for the bar exam. Try to sleep through the night or, at least, take some cat naps during the day to catch up on missed sleep.

One of the most important things to do during this 3 week period is not to doubt your abilities. You can pass this bar and you know it. You just need to be in the top 2/3rds of your state. Don’t stress too much about what you don’t know – you are not expected to get a 100% on this test – it’s more like 60%. The examiners expect that you will have weak areas. Go into the bar exam with the knowledge you will pass the bar exam.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Monday, February 2, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

Sign up for our MBE Small Group One Day Workshop/Seminar in Naples and Miami at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Carla Smith sued Dr. Jones for medical malpractice in a federal district court in Kentucky. Smith failed to serve an expert report regarding Dr. Jones’s actions, as required by Kentucky law. The district judge, therefore, dismissed Smith’s complaint with prejudice. Smith filed a motion for new trial on May 5, 2014, but the district judge overruled Smith’s motion in a signed order entered in the civil docket on May 12, 2014. Smith, however, did not receive notice of the district court’s entry of the order denying her motion for a new trial until June 24, 2014, because the court clerk did not mail notice of the entry of the order to Smith’s attorney, What, if anything, can Smith do to prosecute an appeal to the court of appeals?

A. Because the time to commence an appeal has expired, Smith cannot do anything.
B. Smith can file a motion for extension of time to commence the appeal within 90 days after the entry of the order denying Smith’s motion for a new trial.
C. Under Rule 60(b), Smith can ask the trial court to vacate the order denying the new trial so that the same order can be entered again to restart the appellate timetable.
D. Smith can move the trial court to reopen the appeal if the motion is filed within 180 days after the judgment or order is signed.



Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!