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Podcast Episode 111: Listen and Learn — Introduction to Supplemental Jurisdiction (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! This episode is part of our “Listen and Learn” series, where we review substantive areas of the law that you’re likely to encounter on the bar exam. Today we’re talking about supplemental jurisdiction, which you may see as part of a larger Civil Procedure essay question involving jurisdiction, or as a multiple choice question on the MBE.

In this episode we discuss:

  • What is supplemental jurisdiction?
  • The rules of supplemental jurisdiction and some related examples
  • Going through two questions involving jurisdiction, from the July 2012 California bar exam and the February 2015 MEE
  • Identifying the original basis of jurisdiction
  • How to apply the rules of supplemental jurisdiction to diversity of citizenship and federal cases

Thanks for listening!
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Podcast Episode 110: Listen and Learn — The Basics of Justiciability (Con Law)

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Welcome back to the Bar Exam Toolbox podcast! Today, in an installment of our “Listen and Learn” series, we’re tackling another Constitutional Law topic — that is justiciability, or the issue of deciding whether a court can make a formal judgment on a legal matter.

In this episode we discuss:

  • What three requirements must a plaintiff meet in order to have standing?
  • The special doctrines of taxpayer, organizational, and third-party standing
  • When is it too early or too late to bring a case?
  • The Case or Controversy Clause
  • In what circumstances will a court hear a case that would normally be moot?
  • Analyzing two examples involving justiciability

Thanks for listening!
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Podcast Episode 109: When to Start Studying for (Possibly) Retaking the Bar

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Welcome back to the Bar Exam Toolbox podcast! This year, because of all the postponed bar exams you won’t find out until quite late if you passed or not. When should you start to prepare for retaking the exam if you have a gut feeling you aren’t going to pass? In today’s episode, we’re tackling that question, sent in by some of our listeners.

In this episode we discuss:

  • Assessing why you think you might have failed
  • Thinking about delaying to retake if your situation allows it
  • If you decide to study early, what should you be doing since you don’t know your results?
  • Is it feasible to plan to decide after the results come out?
  • Tips for working and studying on a compressed schedule
  • Are the February exams going to be online as well?

Thanks for listening!
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Podcast Episode 108: Listen and Learn — The Commerce Clause

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Welcome back to the Bar Exam Toolbox podcast! Today, we have another installment 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 talking about a very testable part of Constitutional Law — the Commerce Clause.

In this episode we discuss:

  • Does the Commerce Clause apply when the law was passed by Congress or by a state?
  • Cases that helped develop the modern formulation of the Commerce power
  • An analytical stepladder for Commerce Clause questions
  • Going through a fact pattern from the July 2009 California bar exam
  • A reminder that your reasoning carries more weight on the bar exam than the conclusion

Thanks for listening!
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Podcast Episode 107: Listen and Learn — Assumption of Risk (Torts)

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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 looking at assumption of risk as a defense to negligence in Tort law.

In this episode we discuss:

  • A review of the rule for assumption of risk
  • What are some common situations that trigger this defense?
  • Express vs. implied assumption of risk
  • The Professional Rescuer Rule
  • How a small change in the facts can alter the outcome of the question
  • Why your analysis on a bar exam essay is ultimately more important than your conclusion

Thanks for listening!
[Read more…] about Podcast Episode 107: Listen and Learn — Assumption of Risk (Torts)

Podcast Episode 106: The Final Days of Prepping for the October 2020 Virtual Bar Exam

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Welcome back to the Bar Exam Toolbox podcast. We’ve finally made it to the last few days before the bar exam in this incredibly challenging year! Today, we’re talking about making the most of your final days of preparation, and we have some exam day tips as well.

In this episode we discuss:

  • Making sure the space you’re taking the exam in is set up according to requirements
  • Checking off the list of “don’t’s” for exam day
  • Getting the testing software ready and practicing under exam conditions (Note that some jurisdictions have unexpectedly removed the ability to practice in exam conditions after we recorded this!)
  • Thinking about how to recharge during the exam breaks
  • What to do if something goes wrong
  • Considerations for those planning to sit for the next MPRE

Thanks for listening!
[Read more…] about Podcast Episode 106: The Final Days of Prepping for the October 2020 Virtual Bar Exam

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