Sunday, November 1, 2009

S.O.U.N.D. Advice: Five-Minute Drill

Consider the following three ways the examiners may phrase the call of the question. In what ways are they different? Come up with a plan for addressing each one, and note the differences in your planning:

“What is Selma’s best argument that Darla’s claim for intentional misrepresentation should be dismissed?”
“Discuss the rights and liabilities of the parties.”
“What tort claims may be brought by Darla?”

Congrats Bar Passers!

Congratulations to all who passed the bar exam!

Monday, September 7, 2009

S.O.U.N.D. Advice for the Bar Exam, 9.8.09

S.O.U.N.D. Advice for Addressing Evidence Questions:

Past Recollection Recorded: For the admission of hearsay as Past Recollection Recorded, the party offering the recollection must first establish the proper foundation and then the witness may read the recollection into evidence or play the tape into evidence. The thing itself cannot be offered into evidence by the proponent, but may be offered by the opponent.

Monday, August 24, 2009

S.O.U.N.D. Advice for the Bar Exam, 8.25.09

Remember that on a bar essay, your time and space are often limited. Therefore, every sentence you write must effectively convey the precise information that you're attempting to convey to the examiners. To help determine whether your sentences are effective, proofread and edit your practice essays. Read each sentence you've written carefully, asking the following questions:

* Is the sentence effective at getting across the precise point or message that you're attempting to get across with the sentence?
* Is the sentence too "clunky" or "choppy?"
* Does the sentence contain your proper "buzz words:" the correct legal terms of art that you need to use?
* Is the sentence grammatically correct?
* Is the sentence otherwise raedable (for example, in terms of style and tone?)

Sunday, August 16, 2009

S.O.U.N.D. Advice for the Bar Exam, 8.15.09

S.O.U.N.D. Advice on Thinking Ahead:

In your last semester of law school, or taking the next bar exam? Don't leave your preparation to the last minute. Start thinking about -- and getting answers to -- the following questions early on:

  • In which jurisdiction(s) do you plan to take the bar?
  • What are the jurisdiction's requirements to sit for the bar? (For example, what do you need to provide with your application? Do you need to have achieved a passing score on the Multistate Professional Responsibility Exam? Will you need to round up letters of recommendation or references?)
  • What is the format of the jurisdiction's bar exam? Check www.ncbex.org for a comprehensive listing.
  • What subjects does your jurisdiction's bar exam test?
  • How much time will you have to study, and how will you allocate that time? Come up with a concrete study plan.
  • What resources are available to assist you with your bar preparation?

Monday, August 10, 2009

S.O.U.N.D. Advice for the Bar Exam, 8.8.09

What do you need to suceed on your state's essay exam?

First and foremost (and not surprisingly,) state bar examiners emphasize one important point: in order to pass the essay exam, an applicant must exhibit superior analytical skills. The National Conference of Bar Examiners’ Comprehensive Guide to Bar Admissions Requirements asserts that a state “bar examination should test the ability of an applicant to identify legal issues in a statement of facts, such as may be encountered in the practice of law, to engage in a reasoned analysis of the issues and to arrive at a logical solution by the application of fundamental legal principles, in a manner which demonstrates a thorough understanding of these principles. The examination should not be designed primarily to test for information, memory or experience.”

Congratulations July Bar Takers!

Congratulations to all who survived the July 2009 bar exam! May you receive good news this Fall!

Saturday, July 11, 2009

S.O.U.N.D. Advice for the Bar Exam, 7.13.09

S.O.U.N.D. Advice for Bar Essays:

One mistake that students make is in thinking that merely regurgitating facts and then drawing a legal conclusion is sufficient—it is not, if your knowledge of the applicable principles of law is not coming through! For example, simply stating “When Officer searched the car based on spotting marijuana in plain view and seized the drugs, he performed a valid warrantless search” is not enough because it doesn’t allow the examiner to gauge how well you know the law and how well you can define what the plain view doctrine is. State, instead, “The marijuana seized by Officer is admissible under the plain view doctrine. An exception to the search warrant requirement, this doctrine allows the government to seize objects in plain view and admit them into evidence. Here, Officer spotted the marijuana on the backseat of the car in plain view and seized it during a valid warrantless search; therefore, the evidence will be admissible.” Although the second version is longer, it is still a concise yet completely thorough analysis, applying the principles of law involved to the facts.

S.O.U.N.D. Advice for the Bar Exam, 7.6.09

An Evidence S.O.U.N.D. Byte:

Best Evidence Rule: The Best Evidence Rule applies when proving the contents of a writing, recording, or other document: you must produce the original document unless you can satisfactorily explain the loss of the original.

Monday, June 22, 2009

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.

Wednesday, June 17, 2009

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).

Saturday, June 6, 2009

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!

Sunday, May 31, 2009

S.O.U.N.D. Advice for the Bar Exam, 6.1.09

S.O.U.N.D. Advice on Bar Essay Exams:

R emember the “6 C’s” of a readable paragraph!

What does a great paragraph look like on the bar exam? It should have the following basic characteristics:

Concision and clarity in expression
Clear identification and statement of the issues
Correct statement of the applicable principles of law, as well as any sub-rules, variations, or limitations that may apply to the facts
Complete and thorough analysis of the law as applied to the relevant facts
Clear and definite conclusion or thesis
Correct language and solid writing style

Tuesday, May 26, 2009

Article: 13 Job Hunt Tips for Recent Law Grads

Need advice on finding a job? This article, featuring advice by Bar Exam BootCamp author Ursula Furi-Perry, offers 13 job hunt tips for recent law graduates.

Saturday, May 23, 2009

S.O.U.N.D. Advice for the Bar Exam, 5.25.09

S.O.U.N.D. Advice on Torts Questions:

Remember the mnemonic “PAW” to retain the three theories of strict liability under which a Plaintiff may bring a claim:

o P: Strict Products Liability
o A: Strict liability for engaging in Abnormally dangerous or ultrahazardous activities
o W: Strict liability for keeping Wild animals

Introducing the BootCamp Approach to the Bar Exam

FOR IMMEDIATE RELEASE
May 14, 2009
CONTACT:
Ursula Furi-Perry, Esq.
furiperry at verizon.net


Introducing the BOOTCAMP Approach to Law School and the Bar Exam


ANDOVER, MASSACHUSETTS – The popularity of law schools is soaring, reports a recent article in the Wall Street Journal. Recent economic pressures have students turning to law school, and it’s easy to see the attraction: the Juris Doctor is a versatile advanced degree that can lead to many exciting career opportunities.

But make no mistake—law school is no easy way to weather the recession: grueling workloads, an often-competitive atmosphere, and foreign legal concepts can make law school a confusing and stressful place. And confused law students can’t turn to the case book for help—they need a concise set of study materials to help them “cut through the fat” and focus on the most important black letter law concepts they need to learn for law school exams and the bar exam.

Created by a group of law deans and law professors, the unique 1L BOOTCAMP and Bar Exam BOOTCAMP products offer a concise yet comprehensive “basic training” approach to academic success in law school and preparation for the bar exam. “We condense three years of law school into easy-to-remember expressions and mnemonics,” said Michael L. Coyne, a law school dean and co-creator of the BOOTCAMP products. “As educators, we understand effective teaching and student retention of information.”

And just what makes for effective preparation? Coyne cites five “S.O.U.N.D.” keys to success:
  • Strong analytical skills
  • Organization
  • Understanding of the material
  • Necessary and focused practice
  • Definitions of key principles

“We stress the basics, focus on essential skills, and polish that knowledge through drills,” says Coyne. “The key is to know the law until it is second nature, systematically apply it, and think and write clearly and authoritatively.”

Recognizing that students need to master the same exact concepts and skills for law school as they do for the bar exam, BOOTCAMP creators have designed a line of products that emphasizes essential legal concepts from the first day forward. “Preparation for the bar examination starts on day one of law school,” explains Coyne. “From that day, there are 1,050 days to the bar examination—and as students begin their second year, they have less than 700 days to go. Every day should be used to craft a deep understanding of the law. If students work with our materials throughout law school, not only will they enjoy the preparation, but they will also gain confidence in their understanding of the law and enhance their performance on their law school examinations and the bar exam.”

The BOOTCAMP approach is an affordable alternative to pricey bar exam prep courses. With its S.O.U.N.D. self-study plan, attractively priced books and study materials, and affordable courses, the BOOTCAMP line of products offers a solution for every student’s budget.

The following components comprise the BOOTCAMP family of products and review materials:

Bar Essay BOOTCAMP Book
Bar Essay BOOTCAMP Intensive Essay Course
1L BOOTCAMP Law School Essay Book
Bar Exam BOOTCAMP Substantive Bar Review Book
BOOTCAMP Goodmarx
1L BOOTCAMP Substantive Law School Review Book
BOOTCAMP Flash Cards
1L BOOTCAMP: The Game

For more information about the BOOTCAMP approach to studying for law school and the bar exam, please contact Ursula Furi-Perry at furiperry at verizon.net or visit www.barexambootcamp.com and www.1lbootcamp.com

Sunday, May 17, 2009

S.O.U.N.D. Advice for the Bar Exam, 5.18.09

A S.O.U.N.D. mnemonic for a Wills/Decedents' Estates question:

Revocation refers to the accepted ways of revoking a will. It is best remembered by the mnemonic “COTTON:”
· Cancel,
· Obliterate,
· Tear,
· Torch,
· Operation of law, and
· New Will.

Saturday, May 9, 2009

S.O.U.N.D. Advice for the Bar Exam, 5.11.09

S.O.U.N.D. Advice on Contracts Questions:

The Statute of Frauds requires certain agreements to be in a signed writing in order to be enforceable. Be careful to note that a contract exists, but if a statute of frauds defense exists, the contract might not be enforceable. This is because the statute of frauds is a defense to enforcement, much like a minor has the defense of being too young to be bound to a contract. Generally, the agreements covered by a particular jurisdiction’s statute of frauds are best remembered by the mnemonic “MYLEGS:”

  • Marriage
  • Year
  • Land
  • Executors
  • Goods $500 or more
  • Suretyships

Saturday, May 2, 2009

S.O.U.N.D. Advice for the Bar Exam, 5.4.09

S.O.U.N.D. Advice on Formulating Your S.O.U.N.D. Bytes on Bar Essays:

The examiners emphasize that applicants must write the rules in a readable, clear, and concise manner. This is why writing out your S.O.U.N.D. Bytes in complete sentences while preparing for the exam is so important: by forcing yourself to put the applicable principle of law into a readable sentence ahead of time, you’ll be less likely to scramble around for the right words to use when trying to state the same on the exam.

Saturday, April 25, 2009

S.O.U.N.D. Advice for the Bar Exam, 4.27.09

S.O.U.N.D. Advice for Bar Essays:

On the essay exam, use precise legal terms of art. For example:

* if the applicable principle of law is “adequate provocation,” then you shouldn’t call it “sufficient provocation”
* if the term is “minimum contacts,” don’t write “minimal contacts”
* if the term is “hearsay,” don’t write “heresy"

While you may not necessarily lose points if you don’t state every legal term of art precisely, the graders may pick up on your lack of precision and wonder what else you may be missing. Failure to use precise terms may signal to the examiners that you have a flaw with a basic legal concept with which you should be familiar.

Bar Exam BOOTCAMP Authors in the News

1L BOOTCAMP Author Ursula Furi-Perry gave advice on law school selection on the LSAT Blog

Authors Michael Coyne and Ursula Furi-Perry were interviewed about law student ethics and professionalism in the February National Jurist

The Bar Exam BOOTCAMP website is up and running!

Check us out at www.barexambootcamp.com!

Monday, April 20, 2009

S.O.U.N.D. Advice for the Bar Exam, 4.20.09

S.O.U.N.D. Advice on Practicing Under a Time Crunch:

Pinpoint the specific areas – both in terms of substantive knowledge and writing or exam-taking skills – where you’re spending too much time, or worse, wasting time. Do you tend to create unnecessarily elaborate outlines that are taking valuable time away from writing? Do you state irrelevant facts or inapplicable principles of law? Do you spend too long on Property questions in comparison with other topics? Figure out where you may have some room for improvement.

Bar Exam Recommended Resources

Need help with bar admissions or information about the exam?

We like the following resources on bar admissions and jurisdiction-specific tests:

The National Conference of Bar Examiners Website

The Multistate Essay Exam Official Website

Directory of State Bar Admission Offices

Comprehensive Guide to Bar Admissions

Monday, April 13, 2009

S.O.U.N.D. Advice for the Bar Exam, 4.13.09

S.O.U.N.D. Advice for Evidence Questions:

The common law rules of privilege that are tested on the MBE differ dramatically from most state law rules of privilege, which are tested on the essays. It is imperative to know your state’s rules on privilege, such as the marital privilege and the doctor/psychotherapist-patient privilege.

Saturday, April 4, 2009

S.O.U.N.D. Advice for the Bar Exam, 4.6.09

S.O.U.N.D. Advice for Evidence Essay Exams:

Many Evidence questions will have several sub-parts. Answer the sub-parts to the question in the same order as they are presented on the exam: after all, it’s easiest for the examiners to grade your essay in the same order as the question was written.

S.O.U.N.D. Advice for the Bar Exam, 3.30.09

S.O.U.N.D. Advice on Criminal Law Essay Questions:

Work with the facts and tie them to the elements of each and every crime as you succinctly address each crime committed. Do not just spout law or your SoundBytes. Do not just simply conclude, either, without a brief analysis that justifies the conclusion. Think of it like math in grammar school: it is important to show your work and explain how you reached your conclusion. Tie the law to the facts in your analysis, so the grader can reach the same conclusion you did.

The Ten Commandments for Bar Exam Success

What do you need for success on the bar? The authors of BAR EXAM BOOTCAMP and BAR ESSAY BOOTCAMP present the ten commandments for bar exam success:


1. Know your black letter law! Memorize the rules of law so you can quickly and routinely apply them during the exam. Use whatever tools work for you to study the black letter law, whether it’s mnemonics, flash cards, flow charts, audio presentations, or outlines.

2. Only start reviewing questions after you’ve built a solid foundation and have a thorough knowledge and understanding of the black letter law. Otherwise, you may run the risk of learning the wrong rule of law or variation, by relying on a question you may have gotten right but not understanding fully why you chose the right answer.

3. Know what’s tested by the National Conference of Bar Examiners—right down to the percentage of questions that you can expect on various sub-topics in each of the six major topics tested. You can find a detailed outline of what’s tested on the Multistate Bar Exam on the NCBEX website.

4. Also know what’s tested by your state on any essay, performance, or other exams that your state requires. You should be familiar not only with the format that your state uses, but also the substantive law it tests. In addition, you should familiarize yourself with your state’s exam instructions, and learn to heed those instructions as you practice and prepare for the bar.

5. Study proportionately in return to your investment. Understand which areas of the law are likely to be heavily tested, and study them diligently, spending less time on topics that come up less frequently. If the choice is between having a more thorough understanding of individual rights as opposed to mastering water rights, you should go with the heavily tested area of the former.

6. Learn to think and analyze critically. Also hone your writing skills. Practice, practice, practice: study your state’s old essay exams, practice outlining and writing out answers, and look for common patterns in the questions.

7. Learn to practice multiple choices strategically. Eliminate bad choices that are incorrect statements of law or answers that inaccurately depict the facts—this will improve your odds, statistically, for choosing the correct answer.

8. Move at a deliberate speed. You only have approximately 1.8 minutes to spend on each multiple choice question on the Multistate Bar Exam; on essay exams and performance tests, your time is likewise limited. Time yourself and limit yourself to the allotted time as you practice both multiple choice and essay questions to get into the habit of taking timed exams.

9. Take care of your well-being during bar preparation. Eating, sleeping, and exercise help your mental health, intellectual alertness, and stamina. The diet and schedule of a law student aren’t always conducive to physical and mental well-being, but staying in decent physical and mental shape is paramount to bar exam success.

10. Recognize that bar exam success starts on the first day of law school. Law school GPA directly correlates to the chances of passing the bar examination on the first try. If you haven’t done well in law school, recognize that you should start your bar preparation earlier and you will need to work harder than others who started their preparation on the first day of law school.

Originally published by the Center for Law Student Ethics at the Massachusetts School of Law.