Bar Exam Toolbox

Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our “Listen and Learn” series, where we review substantive areas of the law that you’re likely to encounter on the bar exam. This time, we’re focusing on a topic related to both Property and Torts, and that is nuisance.

In this episode we discuss:

• Where does nuisance show up on the bar exam?
• The similarities and differences between public and private nuisance
• The attractive nuisance doctrine
• Defenses to nuisance claims
• Analyzing a hypo from the California First-Year Law Students’ Examination from June 2014
• How to structure your answer to a question involving nuisance
• A reminder to extract individual facts from the fact pattern and figure out why each one matters

Thanks for listening!
[Read more…] about Podcast Episode 105: Listen and Learn — Public and Private Nuisance

Welcome back to the Bar Exam Toolbox podcast! Today, we’re talking about defamation — a topic you might see on a Torts essay along with other intentional torts, and sometimes on the MBE as well. We also highlight some of the other intentional torts that are commonly triggered in a defamation fact pattern.

In this episode we discuss:

• The five elements of defamation
• When is a statement of opinion actionable?
• The difference between defamation claims brought by private figures and public figures
• The “slander per se” rule for damages
• Analyzing three fact patterns involving defamation claims
• What are the common defenses to defamation

Thanks for listening!
[Read more…] about Podcast Episode 104: Listen and Learn — Intentional Torts: Defamation

Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our “Listen and Learn” series, where we review a substantive area of the law and apply the rules to fact patterns. This time, we’re focusing on two topics from Torts — specifically, assault and battery.

In this episode we discuss:

• Unpacking the elements of assault and battery
• Are threatening words enough to be considered an assault?
• Some less obvious situations where harmful or offensive bodily contact can occur
• Coming up with scenarios to help you remember the rules
• Going through a fact pattern from the February 2016 California bar exam Torts essay
• How to analyze intentional tort questions

Thanks for listening!
[Read more…] about Podcast Episode 103: Listen and Learn –- Assault and Battery

Welcome back to the Bar Exam Toolbox podcast! Today’s episode is part of our “Listen and Learn” series, where we review a substantive area of the law and apply it to fact patterns. This time, we’re focusing on the Statute of Frauds in Contract Law.

Note: It has come to our attention that this episode was released with an error in the “Betty” hypo. See the transcript for a corrected statement of the law, and stay tuned for a revised recording!

In this episode we discuss:

• The types of situations that courts have decided are particularly open to fraud
• The elements of contract formation
• What are the rules and exceptions to the Statute of Frauds?
• Analyzing two Contracts questions, from the July 2011 and July 2019 California bar exams
• How you should structure your essay answer when discussing the Statute of Frauds

Thanks for listening!
[Read more…] about Podcast Episode 102: Listen and Learn — The Statute of Frauds

Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode as part of our “Listen and Learn” series. This one covers two hearsay exceptions –- specifically, present sense impression and state of mind.

In this episode we discuss:

• An overview of hearsay and hearsay exceptions
• When to apply the present sense impression and the state of mind exceptions
• Going through several examples from Evidence essays involving hearsay
• The importance of considering each statement the declarant makes
• A reminder to check out any distinctions from the federal rules of hearsay exceptions in states that do not administer the UBE

Thanks for listening!
[Read more…] about Podcast Episode 101: Listen and Learn — Present Sense Impression vs. State of Mind