S.O.U.N.D. Advice for the Bar Exam, 6.22.09

As you practice bar essay questions in preparation for the exam, diagram your issues by:

1. deconstructing the question and reading it one sentence at a time;

2. spotting all of the issues within each sentence;

3. spotting the facts or “buzz words” that go to each issue you’ve spotted;

4. and then reconstructing the question based on the issues—diagramming each issue, and including under it the facts that dealt with that issue in the question.

Remember that the examiners won’t necessarily present each fact in chronological order; they won’t necessarily present each issue in the order on which they’d like you to discuss them. By deconstructing and then reconstructing the question and paying attention to which facts and “buzz words” go with each issue, you can draw up an organized diagram to help you better organize your thoughts and points.

S.O.U.N.D. Advice for the Bar Exam, 6.15.09

S.O.U.N.D. Advice for Federal Jurisdiction Questions:

On the topic of rule numbers: must you remember rule numbers on a civil procedure question on the bar? While knowing the right rule numbers and stating them when applicable can’t hurt, it’s more important to focus on knowing the substance of the rules than it is to memorize rule numbers. If you aren’t entirely sure of the rule number, however, don’t include it—better to keep your rules more general and get them right than to state the wrong rule. For example, if you’re dealing with a motion to dismiss under Rule 12(b) but aren’t sure which subsection applies, just keep your statement general and write Rule 12(b).

S.O.U.N.D. Advice for the Bar Exam, 6.8.09

S.O.U.N.D. Advice for addressing commercial speech issues on Constitutional Law questions:

Remember: Commercial speech now merits protection, but not as much as protected non-commercial speech. Apply the following methodology:

1. First, ask: is it commercial speech? There are four types that can be identified:
i. Advertisement of illegal activities – no protection
ii. False and deceptive advertising – no protection
iii. True advertising that inherently risks becoming false or deceptive – government may regulate
iv. Laws that limit commercial advertising to achieve other goals such as enhancing the image of lawyers, or decreasing consumption of alcohol or tobacco, etc. – Supreme Court generally does not allow government regulation here.

2. Then, apply the Central Hudson Test:

1. For commercial speech to merit First Amendment protection it must concern lawful activity and not be misleading. Is it?
2. Is the governmental interest substantial?
3. Does the regulation directly advance the governmental interest asserted?
4. Is the regulation more extensive than is necessary to serve that interest (not least restrictive alternative analysis)?

Congratulations to the Class of 2009!

Congratulations to all of those who newly received their Juris Doctor degrees!

And a special congratulations to our students, the Class of 2009 at the Massachusetts School of Law!