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Podcast Episode 148: Listen and Learn — Claim and Issue Preclusion (Civil Procedure)

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Welcome back to the Bar Exam Toolbox podcast! As part of our “Listen and Learn” series, today we’re focusing on one of the newest additions to the MBE portion of the bar exam: Civil Procedure. In particular, we take a look at claim preclusion and issue preclusion, also known as res judicata and collateral estoppel.

In this episode we discuss:

  • A review of the categories of Civil Procedure questions on the bar exam
  • The rule and elements of claim preclusion (or res judicata)
  • The rule and elements of issue preclusion (or collateral estoppel)
  • Invoking claim preclusion or issue preclusion as a defense, or offensively by a plaintiff
  • Illustrating res judicata and collateral estoppel with two sample questions

Thanks for listening!
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Podcast Episode 147: Listen and Learn — Negligence: Duties of Professionals and Children

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Welcome back to the Bar Exam Toolbox podcast! Today, in our “Listen and Learn” series, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law.

In this episode we discuss:

  • Brushing up on the subjects of negligence and duty
  • The standards of care to which children are held
  • What happens if a child is engaged in an adult activity?
  • Duties that professionals owe to their clients/patients
  • The special rule for psychologists and psychotherapists
  • The Tarasoff v. Regents of the University of California case
  • Analyzing a hypo from the July 2002 California bar exam

Thanks for listening!
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Podcast Episode 146: Listen and Learn — Mortgages and Priority

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Welcome back to the Bar Exam Toolbox podcast! In today’s installment of our “Listen and Learn” series, we’re focusing on Real Property. In particular, we’re diving into the tricky subtopic of mortgages and priorities.

In this episode we discuss:

  • What is a promissory note?
  • Mortgages and purchase money mortgages
  • What is a deed of trust?
  • How the money from a foreclosure is distributed
  • The recording process in different jurisdictions
  • Tackling two mortgages hypos, from the February 2014 and July 2002 California bar exams

Thanks for listening!
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Podcast Episode 145: Listen and Learn — Permissive Joinder and Required Joinder

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Welcome back to the Bar Exam Toolbox podcast! Today in our “Listen and Learn” series, we’re dealing with another topic from civil procedure. In particular, we discuss two of the five types of joinder — permissive and required joinder.

In this episode we discuss:

  • A review of subject matter jurisdiction
  • The five types of joinder
  • When does someone have permission to become a party to a lawsuit?
  • When is someone required to be added to a lawsuit?
  • Analyzing hypos involving permissive and required joinder
  • What happens if joinder is necessary but not feasible?

Thanks for listening!
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Podcast Episode 144: Listen and Learn — Adverse Possession

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Welcome back to the Bar Exam Toolbox podcast! Today we’re talking about adverse possession, which is a commonly-tested issue in Real Property questions on the bar exam.

In this episode we discuss:

  • The elements of adverse possession
  • Issues affecting the statutory period analysis
  • The case of Howard v. Kunto
  • Analyzing two hypos involving adverse possession

Thanks for listening!
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Podcast Episode 143: Listen and Learn — More Hearsay Exceptions

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Welcome back to the Bar Exam Toolbox podcast! Today, we discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which all involve someone speaking or writing about him or herself. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132.

In this episode we discuss:

  • A review of the definition of hearsay
  • Statement against interest exception
  • Statement made for medical diagnosis or treatment exception
  • Statement of personal or family history exception
  • What it means to be unavailable for the purposes of hearsay exceptions
  • How to approach “racehorse essays”
  • Questions involving double hearsay
  • Analyzing two hypos, from the July 2010 and February 2017 California bar exams

Thanks for listening!
[Read more…] about Podcast Episode 143: Listen and Learn — More Hearsay Exceptions

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