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Podcast Episode 141: Listen and Learn — The Fourth Amendment

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Welcome back to the Bar Exam Toolbox podcast! Today, in our “Listen and Learn” series, we’re discussing when the Fourth Amendment to the United States Constitution applies, and how to determine if an unlawful search has occurred.

In this episode we discuss:

  • The rules governing searches and seizures
  • How to determine if an individual’s Fourth Amendment rights have been violated
  • How a government agent can conduct a search
  • Analyzing two hypos from previous California bar exams

Thanks for listening!
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Podcast Episode 140: Listen and Learn — Regulatory Takings

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Welcome back to the Bar Exam Toolbox podcast! In today’s episode from our “Listen and Learn” series, we tackle the topic of regulatory takings, which is often tested in crossover essay questions that cover both Property and Constitutional Law issues.

In this episode we discuss:

  • What constitutes a “taking”?
  • Possessory and regulatory takings
  • Distinguishing between the two types of regulatory takings
  • The Lucas v. South Carolina Coastal Council case
  • The three Penn Central factors, derived from the case Penn Central Transportation Co. v. New York City
  • The “denominator problem”
  • Analyzing two hypos involving regulatory takings
  • How to organize your answer when the question provides a list of claims by separate parties

Thanks for listening!
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Podcast Episode 139: Employment Considerations Related to the Bar Exam (w/Sadie Jones)

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Welcome back to the Bar Exam Toolbox podcast! Today, we have ex-BigLaw recruiter Sadie Jones with us to talk about common career-related issues to think about while deciding when and where to sit for the bar exam. We also look at the best way to approach your employer in each of these scenarios.

In this episode we discuss:

  • How do employers generally think about the bar exam?
  • Deciding where you should take the exam
  • Is it better to have the transferable UBE score?
  • What if you have concerns upfront about passing?
  • Handling the situation of failing the bar
  • What if you’re licensed and later decide to move to a new state?

Thanks for listening!
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Podcast Episode 138: Listen and Learn — Hearsay Exceptions: Prior Testimony and Past Recollection Recorded

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Welcome back to the Bar Exam Toolbox podcast! In today’s episode, we cover two more hearsay exceptions — prior testimony and past recollection recorded. 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
  • When is a declarant deemed unavailable as a witness?
  • The rules for the prior testimony exception and the past recollection recorded exception
  • Questions involving multiple hearsay
  • Going through two hypos from previous California bar exams

Thanks for listening!
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Podcast Episode 137: Listen and Learn — The Confrontation Clause

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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 Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues.

In this episode we discuss:

  • Reviewing the rules of the Confrontation Clause
  • The relationship between Confrontation Clause and hearsay questions
  • How to determine whether a statement made to the police is testimonial in nature, or the Primary Purpose Test
  • Analyzing two hypos from previous California bar exams

Thanks for listening!
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Podcast Episode 136: Outlining on the Remote Bar Exam

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Welcome back to the Bar Exam Toolbox podcast! We’re coming up on the third online bar exam, and we’re continuing to get questions from students and listeners about the best way to outline when using scratch paper is not possible. Join us for this episode as we share some best practices for outlining on the remote bar exam.

In this episode we discuss:

  • How important is it to outline your answer?
  • Outlining on paper versus on screen
  • Outlining for essay questions and the performance test
  • The logistics of the bar testing software
  • Where should you draft the outline?
  • Practicing under real exam conditions

Thanks for listening!
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