Friday, December 24, 2010

Time Management for the Bar Exam



Congratulations - finals are over, and now you have some time to relax! However, for some of you, the bar exam is in the near future - the bar exam requires a huge commitment of time and effort. Your bar review course is structured to guide you through the material, but you must make the effort to learn it. It is completely possible to adequately prepare yourself during the bar review period if you devote your time exclusively to bar preparation.

It is important to realize that even if you had all the time in the world to study and prepare, there are still limitations on how much information you can retain and there is only so long that you can maintain the level of intensity required during the relatively short bar preparation period. For those of you that have started your bar review courses, it should be clear that studying for the bar exam is unlike any other experience - you must be prepared to put the time and energy into the process.


During the first weeks of your bar review, make sure to:
  • Set a realistic work schedule that allows for going to the lectures, time for reviewing material covered in class, time to practice problems, and relaxation time;
  • Refine realistic study goals based on your strengths and weaknesses; and
  • Vary your study activities throughout the day to maintain your concentration level.
The following schedule might be a template that works for you; and allows you enough time to attend your lectures, review material, and practice problems:
  • 9:00-1:00: Bar review course
  • 1:00-2:00: Lunch break
  • 2:00-4:00: Review notes from morning session; make flashcards of black letter law; consolidate notes
  • 4:00-:4:30: Take a break
  • 4:30-6:30: Work through MBE questions in the subject you have just studied
  • 6:30-7:00: Dinner break
  • 7:00-9:00: Work through additional MBE questions; essays from a released bar exam (or maybe a MPT, depending on your needs)
  • 9:00-11:00: Review materials for the next bar review session or review notes from one subject covered earlier in the bar review period
Remember, there is not a one size fits all schedule, and there are a number of reasons why you might need to adapt the schedule to fit within your needs, including the possibility of having an evening bar review course. The key thing to remember is that you must make time to study, and you must plan ahead to give yourself enough study time.

While you prepare for the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources.

Tuesday, December 7, 2010

(Updated) Law School Shorthand

We have gotten a lot of feedback about how helpful the prior shorthand post has been when preparing for class and taking notes in class. Below, we have added additional abbreviations to the list. As mentioned in the prior post, there is not a right or wrong way to do things, but making use of these abbreviations can be a time saver.

Π or P – plaintiff
∆ or D - defendant

Aff’d - affirmed
Rev’d - reversed

TC - Trial Court
AC - Appellate Court
Cir. - Circuit Court(s) of Appeals (i.e. 2d Cir.)
COA - Court of Appeals
DC - District Court
SC or SCt - Supreme Court

admin. - administrative (or administration)
alt. - alternative
Ame – Amendment
ans – answer
arb - arbitration (arbitrator)
arg. - argument
AE – assignee
AR – assignor
Ass'n - association
a/r - assumption of risk
atty - attorney
auth - authority

BR or bankr. - bankruptcy
bc or b/c – because
B – beneficiary
Bd. - board
BFP – bona fide purchaser
BoP or b/p – burden of proof (or bill of particulars)

CB - casebook
cent - central
CA - class action
CE - collateral estoppel
CL – common law
co. - company
CP – condition precedent
CS – condition subsequent
Cong. - Congress(ional)
cx - consideration
Con. – constitutional(ity)
K - contract(s)
CNeg - contributory negligence
© or (c) - copyright
Corp. – corporation
c-c - counterclaim
Ct. - court
cx-c - crossclaim

def. - defense
dem – demurrer
dept. or dep't - department
diff – different
disc or discrim - discrimination
dist. - district
div - division

EE – employee
ER – employer
Emp - employment
Ev – evidence

Fed – Federal
FRCP - Federal Rules of Civil Procedure
FRE - Federal Rules of Evidence

g/r or GRULE – general rule
gov or gov’t - government

HDC – holder in due course
H – husband

Inc. - incorporated
indem - indemnity (indemnify)
indep - independent
ins - insurance
Int'l - international

JMOL - judgment as a matter of law
JNOV - judgment notwithstanding the verdict
j/t – joint tenant
J - judgment
Jdx or jurisd - jurisdiction

L - landlord
l/c - letter of credit
liab - liability
ltd - limited
LLC - limited liability company
LLP - limited liability partnership
lit or litig - litigation

Maj. – majority
Min. - minority
MPC - Model Penal Code
MTD - motion to dismiss

Neg. – negligence
No. - number

OE – offeree
OR – offeror
op. - opinion
O - order
org. - organization

p’ship - partnership
PJ - personal jurisdiction
p/f – prima facie
PE – promisee
PR - promisor
Prop – property

Rxn – reaction
RE or R/E - real estate
® - registered trademark
reg(s) - regulation(s)
Req’d - required
R, R2 - Restatement of Law, Restatement Second
Rev - review
RAP – Rule Against Perpetuities

§ or s - section
SHolder or S'holder - shareholder
St – state
Std – standard
SoL – statute of limitations
SoF – statute of frauds
SL – strict liability
SMJ - subject matter jurisdiction
SJ - summary judgment

TRO - temporary restraining order
T - tenant
TP or 3rd P – third party
TPB or 3rd PB – third party beneficiary
™ or TM - trademark
Tr. - trustee

Unif. - uniform
UCC – Uniform Commercial Code
USC - United States Code

v - versus

W - wife
w/ - with
w/in - within
w/o - without

Thursday, December 2, 2010

Exam Prep III

Now that you are in the exam, what should you do?

1. Allocate your Time
  • Have a watch somewhere in plain view;
  • Set up a timetable on your scrap paper - use the point allocations provided by your professor to set the time; or if there are no allocations provided, use your best judgment based on the number of questions, length of the questions, and time given for the exam.
2. Read the Question
  • Begin by reading the interrogatory at the end of the question;
  • Identify what you are asked to do;
  • Read the facts "actively".
3. Outline the Answer
  • Identify the issues;
  • Identify the rule for each issue;
  • Compile the building blocks for the rule of law by considering elements, definitions, exceptions to the general rule, relevant distinctions, etc.;
  • Follow a hierarchy of concepts by moving from general to specific and defining each legal term of art.
  • Begin your statement with, "The issue is whether . . ." and include "when" to ensure that you include the relevant facts;
  • Commence your statement of the with, "Under the [controlling law]";
  • Use "Here" or "In this case" to introduce your application;
  • Use "because" to make the connection between rule and fact;
  • Match up a "fact" with each "element" or "definition" in your rule and explain the significance;
  • Answer the question you were asked.

1. Read actively - start with the call of the question, and then move to the fact pattern;
2. Take a moment to "recap" the material facts;
3. Identify the issue;
4. Move from the issue to articulation of your own answer;
5. Translate your "answer" to fit an available and appropriate answer choice.