Those that really love you want to see you pass the bar. Know that with certainty. Those who are pulling and picking at you, saying you don’t have to study that long or want you to go to the clubs and party are not your true friends and do not want you to be successful. Hopefully, you have ejected them from your life for these 2 months that you are studying.
Sometimes those loved ones see you study and see your struggle and wish they could help you, but don’t know how. Bar applicants who have children find it hard to be both a parent and have a full time study plan. Don’t ignore them. Try to incorporate them into your “experience”.
I’ve known students who bring their mom to the test site. What mom does is to make sure their kid has food during the breaks, go over study material or just give their kid a shoulder to rely on during this trying event.
During this 4th of July weekend, look at those that are supporting you in ways you may not even realize. Maybe your mom makes you breakfast every morning before you leave for your bar course. Maybe your spouse is doing the heavy lifting as you study. Almost 3 weeks before the bar, let them know you appreciate their support, even if they are just getting out of your way during this stressful period.
If you have family that would like to attend a cookout this weekend, go and take a few hours off to relax your mind and have quality time with those that love you. At this point in your studies, you deserve an afternoon off. Go see the fireworks. Take the time off with no guilt attached.
For those who still want to study and for other times beyond this weekend, have your family help you. They will be glad to help and they will be proud of the little part they played in your success. Give your family members or your children one of your study books and have them test you. This is particularly good for the elements of a cause of action. By now you should be close to having them mostly memorized, but especially with those subjects that are difficult for you, have your family help you recite those causes of action. See if you can make a game out of it, with your children or family members each calling out an element of a cause of action.
You may be surprised on game day when you are calling up the exceptions to the hearsay rule and you remember the face of your loved ones yelling it out to you.
Have a wonderful 4th of July. If you worked hard, you deserve it.
Saturday, July 3, 2010
Saturday, June 26, 2010
Essay Writing for the Bar Exam: Organization and Analysis
In order to write a successful essay answer you must learn to organize your answer as your analyze the fact pattern.
Once you read the fact pattern, you will organize your essay, then you must analyze.
This is where you make the outline looking for issues. Look back to the fact pattern for facts which should be used for applying the law and then you can apply the facts to the law.
Once you read the fact pattern, you will organize your essay, then you must analyze.
This is where you make the outline looking for issues. Look back to the fact pattern for facts which should be used for applying the law and then you can apply the facts to the law.
Tuesday, June 22, 2010
Strategies for the California Performance Test and the Multistate Performance Tests
The California Performance Test and the Multistate Performance Test (the MPT) is designed to test your proficiency in the basic skills you’ve developed in the course of your legal education and not just your ability to memorize. The goal of the MPT is to test an applicant’s ability to use fundamental lawyering skills in a realistic situation. It seeks to evaluate your ability to complete a task which a beginning lawyer should be able to accomplish.
In most jurisdictions, you’ll have 90 minutes to read through 15 to 25 pages, analyze the problem, outline an answer, and write a response. In California, you’ll see one long MPT for 3 hours. Thus, the MPT is a test of your ability to work within time constraints and remain focused and organized.
The MPT tests the following:
1) Reading Comprehension
You must read proactively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class. You must read carefully and quickly, while you search for useful information and answers to the particular issue you’ve been asked to resolve.
2) Organizational Skills
You must organize your time and the materials effectively to complete the required task in the time allowed. The MPT is extremely time-sensitive. You must analyze an assortment of unfamiliar materials and compose either a memorandum of law, a letter to a client, a persuasive brief, a contract provision, a will, a settlement proposal, a discovery plan, or a closing argument, to list but a few of the possibilities.
3) Communication Skills
You must write concisely, coherently, and in a tone and manner consistent with the nature of the assignment. You must demonstrate your mastery of the language of the law and convince the bar examination that you “sound” like an attorney ready to begin the practice of law.
4) Ability to Follow Directions
The MPT is task-specific. You must perform the task identified to receive credit. If you are instructed to write a letter to the client, do that. Do not do a brief or a memo; write the letter. Show the bar examiners that you can read and follow directions.
In most jurisdictions, you’ll have 90 minutes to read through 15 to 25 pages, analyze the problem, outline an answer, and write a response. In California, you’ll see one long MPT for 3 hours. Thus, the MPT is a test of your ability to work within time constraints and remain focused and organized.
The MPT tests the following:
1) Reading Comprehension
You must read proactively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class. You must read carefully and quickly, while you search for useful information and answers to the particular issue you’ve been asked to resolve.
2) Organizational Skills
You must organize your time and the materials effectively to complete the required task in the time allowed. The MPT is extremely time-sensitive. You must analyze an assortment of unfamiliar materials and compose either a memorandum of law, a letter to a client, a persuasive brief, a contract provision, a will, a settlement proposal, a discovery plan, or a closing argument, to list but a few of the possibilities.
3) Communication Skills
You must write concisely, coherently, and in a tone and manner consistent with the nature of the assignment. You must demonstrate your mastery of the language of the law and convince the bar examination that you “sound” like an attorney ready to begin the practice of law.
4) Ability to Follow Directions
The MPT is task-specific. You must perform the task identified to receive credit. If you are instructed to write a letter to the client, do that. Do not do a brief or a memo; write the letter. Show the bar examiners that you can read and follow directions.
Saturday, June 19, 2010
The Performance Test: California and Multistate PTs
The California Performance Test and the Multistate Performance Test simulates the experiences of a new attorney.
You’ll be given a client “File” and asked to complete what would be considered a typical assignment for a first year associate. Most likely, you’ll be asked to write a legal memorandum or persuasive brief, although it is possible to be asked to draft interrogatories, a will provision or a closing argument. Although you may not have performed all of these types of tasks during law school, the bar examiners expect you to be able to follow their instruction memo and rely on your basic legal training to complete the assignment.
Each task is designed to test your legal skills such as fact analysis, fact gathering, legal analysis and reasoning, problem solving and ethical issue problems.
The Components of the CPT and the MPT
The File
Here you’ll find the factual information about your case in the form of:
• Excerpts from deposition testimony
• Client correspondence
• Police reports and medical records
• Invoices and purchase orders
• Witness interviews
• Contract provisions, a lease, or a will.
While the File contains all the facts you need to know about your problem, it also contains irrelevant information just as in real life where your client will volunteer much more information than you actually need. The File will include irrelevant or ambiguous information, unreliable and conflicting witness testimony and inconsistent statements.
The “Task” Memo
This is the first memorandum in the File and the single most important piece of paper in the File. It introduces your problem and identifies your task. Your job is to answer the questions presented in the memo and perform the assigned task as precisely as possible.
The Instruction Memo
If the bar examiners think you need guidance in completing your task, they’ll include a second memo in the File. This memo will tell you exactly what to include in your answer. Sometimes the examiners tell you what not to include in your answer.
The Library
The Library contains all the legal authorities you’ll need to complete the assigned task. They are the only legal authorities you may use to solve the problem.
The Library may consist of:
• Statues, codes and commentaries
• Constitutional provisions and regulations
• Rules of professional conduct
• Cases
• Secondary sources such as Reinstatement provisions
The cases may be actual cases, modified cases, or cases written specifically for the exam. The rules also may be actual rules or rules written specifically for the exam. Even if you think you are familiar with a rule or a case from law school, you must still read all the material in the Library. You cannot assume that the material has not been modified.
You’ll be given a client “File” and asked to complete what would be considered a typical assignment for a first year associate. Most likely, you’ll be asked to write a legal memorandum or persuasive brief, although it is possible to be asked to draft interrogatories, a will provision or a closing argument. Although you may not have performed all of these types of tasks during law school, the bar examiners expect you to be able to follow their instruction memo and rely on your basic legal training to complete the assignment.
Each task is designed to test your legal skills such as fact analysis, fact gathering, legal analysis and reasoning, problem solving and ethical issue problems.
The Components of the CPT and the MPT
The File
Here you’ll find the factual information about your case in the form of:
• Excerpts from deposition testimony
• Client correspondence
• Police reports and medical records
• Invoices and purchase orders
• Witness interviews
• Contract provisions, a lease, or a will.
While the File contains all the facts you need to know about your problem, it also contains irrelevant information just as in real life where your client will volunteer much more information than you actually need. The File will include irrelevant or ambiguous information, unreliable and conflicting witness testimony and inconsistent statements.
The “Task” Memo
This is the first memorandum in the File and the single most important piece of paper in the File. It introduces your problem and identifies your task. Your job is to answer the questions presented in the memo and perform the assigned task as precisely as possible.
The Instruction Memo
If the bar examiners think you need guidance in completing your task, they’ll include a second memo in the File. This memo will tell you exactly what to include in your answer. Sometimes the examiners tell you what not to include in your answer.
The Library
The Library contains all the legal authorities you’ll need to complete the assigned task. They are the only legal authorities you may use to solve the problem.
The Library may consist of:
• Statues, codes and commentaries
• Constitutional provisions and regulations
• Rules of professional conduct
• Cases
• Secondary sources such as Reinstatement provisions
The cases may be actual cases, modified cases, or cases written specifically for the exam. The rules also may be actual rules or rules written specifically for the exam. Even if you think you are familiar with a rule or a case from law school, you must still read all the material in the Library. You cannot assume that the material has not been modified.
Tuesday, June 8, 2010
Your Study Plan for the Bar
In addition to putting in the study time, you need to learn how to maximize your study time. How do you go about getting the biggest bang out of your study time?
First, build a good, solid foundation of the black letter law. In order to have a good foundation, you must review each bar exam subject. Go through each subject, one by one and absorb each subject as best you can. As you go through the subject, make sure you understand the basic law before you move on.
To build a foundation of the law, you need to break the subject areas into more manageable components. Break your subject into topics. And go through the elements of the topics of each subject.
What I mean by that is to take a subject, like Torts. Then break the Tort subject down to topics, i.e. Negligence. Do you know all the elements of negligence? Do you know the elements of battery? You can outline it and/or make sure you know it by heart before you move on. You can do that memorization by reciting it or writing it down without looking at your notes or outlines.
Once you feel you know that topic, do a few essay questions and some MBE on that topic just so you know you have it.
Don’t scatter-shoot your studying. Learn the topic thoroughly before you move on to your next topic in the subject area. Don’t go through the topics of the subject areas all at once, i.e. don’t go through battery, assault, false imprisonment and not know each one by heart. Stop at battery, recite it, do some MBE and then move to assault, and false imprisonment and the other topics of Torts. Do this for every topic in every subject. You do not want to read your subject outlines like a novel.
Read, learn, recite, memorize, test yourself and move on.
First, build a good, solid foundation of the black letter law. In order to have a good foundation, you must review each bar exam subject. Go through each subject, one by one and absorb each subject as best you can. As you go through the subject, make sure you understand the basic law before you move on.
To build a foundation of the law, you need to break the subject areas into more manageable components. Break your subject into topics. And go through the elements of the topics of each subject.
What I mean by that is to take a subject, like Torts. Then break the Tort subject down to topics, i.e. Negligence. Do you know all the elements of negligence? Do you know the elements of battery? You can outline it and/or make sure you know it by heart before you move on. You can do that memorization by reciting it or writing it down without looking at your notes or outlines.
Once you feel you know that topic, do a few essay questions and some MBE on that topic just so you know you have it.
Don’t scatter-shoot your studying. Learn the topic thoroughly before you move on to your next topic in the subject area. Don’t go through the topics of the subject areas all at once, i.e. don’t go through battery, assault, false imprisonment and not know each one by heart. Stop at battery, recite it, do some MBE and then move to assault, and false imprisonment and the other topics of Torts. Do this for every topic in every subject. You do not want to read your subject outlines like a novel.
Read, learn, recite, memorize, test yourself and move on.
Saturday, May 29, 2010
The Memorial Day Weekend – A Turning Point for the July 2010 Bar Exam
This Memorial Day weekend you will have a little less than 2 months to go until the July bar exam. This Memorial Day marks a turning point in your July 2010 bar exam studies. For those taking commercial bar exam courses, you are now settling into your routine. For those who are retaking the exam, you should be in a routine of your own. Hopefully, you have now determined that it will take great time and effort to be successful on the bar. Get into a rhythm with your studies. The next 2 months will determine how the rest of your life will be. Pass the bar in July and your life will fall into line.
Have a terrific weekend, take a few hours off and then get back to work. The July Bar Exam is right around the corner.
For those persons needing help in passing the bar for the July bar, Bar Professors offers bar exam tutorials. Please contact bar professors at pass@barprofessors.com or visit our website at barprofessors.com.
Have a terrific weekend, take a few hours off and then get back to work. The July Bar Exam is right around the corner.
For those persons needing help in passing the bar for the July bar, Bar Professors offers bar exam tutorials. Please contact bar professors at pass@barprofessors.com or visit our website at barprofessors.com.
Saturday, May 1, 2010
Free Florida Bar Exam Seminar in Orlando and Miami for Repeat Florida Bar Takers
Bar Professors will conduct and sponsor a free Florida Bar Exam Lecture on “How to Pass The Florida Bar Exam.” Repeat takers are encouraged to attend this seminar in early June. A question and answer session will be offered.
Spaces are extremely limited and advanced registration is required. Please go to BarProfessors.com and fill out the contact sheet designating Orlando or Miami. You can also e-mail us at pass@barprofessors.com.
Spaces are extremely limited and advanced registration is required. Please go to BarProfessors.com and fill out the contact sheet designating Orlando or Miami. You can also e-mail us at pass@barprofessors.com.
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