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Podcast Episode 161: Listen and Learn — Contract Formation

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our “Listen and Learn” series, we’re looking at the conditions that have to be satisfied in order to form a valid contract. We’ll review the concepts and illustrate them with two essay questions from previous bar exams.

In this episode we discuss:

  • Determining the applicable law governing a contract
  • The conditions that have to be satisfied for a valid contract
  • Recognizing when there is a counter-offer
  • Applying the mailbox rule to determine the time at which an offer is accepted
  • Analyzing two hypos from previous California bar exams involving contract formation

Thanks for listening!
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Podcast Episode 160: Listen and Learn — Standards of Review (Con Law)

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Welcome back to the Bar Exam Toolbox podcast! Today, we’re discussing the different standards of review a court will apply when dealing with questions of constitutionality. You may also hear these referred to as “levels of scrutiny.”

In this episode we discuss:

  • The three Constitutional Law levels of scrutiny and how courts apply each of them
  • Fundamental rights under the Constitution
  • Suspect and quasi-suspect classes of individuals
  • The Due Process and Equal Protection clauses
  • Analyzing two hypos involving the standards of review

Thanks for listening!
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Podcast Episode 159: Listen and Learn — Evidence: Expert vs. Lay Witness Testimony

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Welcome back to the Bar Exam Toolbox podcast! Today, in our “Listen and Learn” series, we’re discussing the standards for admitting witness testimony, which are found in the rules of Evidence.

In this episode we discuss:

  • Who can be a lay witness?
  • The instances in which lay witnesses can offer opinion testimony
  • When is expert witness testimony permitted at trial?
  • Factors used to determine the reliability of an expert’s testimony
  • Analyzing two hypos from previous California bar exams

Thanks for listening!
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Podcast Episode 158: Listen and Learn — Multiple Hearsay

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Welcome back to the Bar Exam Toolbox podcast! In today’s episode from our “Listen and Learn” series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay.

In this episode we discuss:

  • The rule for multiple hearsay
  • A review of the general rule for hearsay and how to apply it properly
  • Hearsay exceptions
  • A step-by-step approach for analyzing questions containing hearsay within hearsay
  • Analyzing two hypos that illustrate multiple hearsay

Thanks for listening!
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Podcast Episode 157: Listen and Learn — The Sixth Amendment

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Welcome back to the Bar Exam Toolbox podcast! Today we’re focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act.

In this episode we discuss:

  • The rights that the Sixth Amendment protects
  • The general rule for competence
  • When a judge may deny a defendant’s right to represent himself/herself
  • A criminal defendant’s right to counsel
  • The relationship between the right to counsel under the Sixth Amendment and Miranda warnings under the Fifth Amendment
  • Analyzing a hypo involving the Sixth Amendment, based on previous California bar exams

Thanks for listening!
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Podcast Episode 156: Listen and Learn — The Fourth Amendment: Informer Tips

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Welcome back to the Bar Exam Toolbox podcast! Today we’re focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous informants. We previously discussed other aspects of the Fourth Amendment in episode 141 of the podcast.

In this episode we discuss:

  • A review of the Fourth Amendment to the U.S. Constitution
  • Determining when probable cause arises for an arrest, search, or seizure
  • How is a “totality of the circumstances” analysis performed?
  • Going through two hypos, from the February 2004 and July 2021 California bar exams
  • How to structure an answer to an essay question involving anonymous informant tips

Thanks for listening!
[Read more…] about Podcast Episode 156: Listen and Learn — The Fourth Amendment: Informer Tips

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