Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing a couple of topics that go hand in hand in Corporations essays - the duty of care and the business judgment rule. In this episode, we discuss: A review of the duty of care What is the business judgment rule? How the business judgment rule can be rebutted Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, July 2015 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/July2015_CBXSelectedAnswers_EssayQuestions1-6_R.pdf) California Bar Examination – Essay Questions and Selected Answers, October 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/October-2020-Essay-Selected-Answers.pdf) Examples & Explanations: Corporations, by Alan R. Palmiter (https://www.amazon.com/Corporations-Examples-Explanations-Alan-Palmiter/dp/1454802472) Podcast Episode 23: Tackling an MEE Corporations Question (https://barexamtoolbox.com/podcast-episode-23-tackling-an-mee-corporations-question/) Podcast Episode 35: Tackling a California Bar Exam Essay: Corporations (https://barexamtoolbox.com/podcast-episode-35-tackling-a-california-bar-exam-essay-corporations/) Podcast Episode 124: Listen and Learn – Duty of Loyalty (Corporations) (https://barexamtoolbox.com/podcast-episode-124-listen-and-learn-duty-of-loyalty-corporations/) Download the Transcript (https://barexamtoolbox.com/episode-184-listen-and-learn-the-business-judgment-rule-corporations/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we're discussing the Taxing and Spending Clause of the Constitution, which specifies how Congress can collect taxes and allocate spending. In this episode, we discuss: Different types of taxes that Congress collects The two general purposes for which Congress is permitted to lay or collect taxes Restrictions Congress may impose on state spending The division of power between state and federal government Analyzing two essay questions from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, July 2008 (https://nwculaw.edu/pdf/bar/July%202008%20Ess...
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we're talking about evidence that the court may exclude for various public policy reasons under the Federal Rules of Evidence. In this episode, we discuss: Evidence of subsequent remedial measures Statements and offers made during settlement negotiations Pleas and plea negotiations Offering to pay medical expenses Liability insurance Analyzing two hypos, from the February 2017 and February 2021 California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, February 2017 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/CBXFeb2017_Selected_Essa...
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about the parol evidence rule, which governs evidence that parties to a contract dispute can introduce when determining the specific terms of the contract. In this episode, we discuss: The definition of parol evidence Exceptions to the parol evidence rule The difference between a partially integrated writing and a fully integrated writing Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, February 2010 (https://juraxbar.com/wp-content/uploads/2016/04/February-2010-CBX.pdf) California Bar Examination – Essay Questions and Selected Answers, February 2020...
Welcome back to the Bar Exam Toolbox podcast! Today we are digging into a commonly-tested bar exam topic in Federal Civil Procedure – determining proper venue in civil actions. In this episode, we discuss: What is venue, and how to distinguish between venue and jurisdiction How venue can be properly established and changed Venue statutes and their application Analyzing two essay questions, from the February 2009 and July 2021 California bar exams Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, February 2009 (https://juraxbar.com/wp-content/uploads/2016/04/February-2009-CBX.pdf) California Bar Examination – Essay Questions and Selected Answers, July 2021 (https://www....
Welcome back to the Bar Exam Toolbox podcast! Today, we're tackling Competence - an issue that comes up in many California bar essays on Professional Responsibility. In this episode, we discuss: The ABA and California rules for competent legal representation The California rule regarding legal advice or assistance in an emergency Analyzing two hypos from previous California bar exams Structuring an answer to a question involving competence Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, July 2018 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Essay-Questions-and-An...
Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the specifics of the Multistate Bar Examination, why some people struggle with it, and how to study for the exam if you're seeing low results on your test runs or you've bombed the MBE before. In this episode, we discuss: Reasons why people struggle with the MBE Identifying where you're having difficulties with the test Getting the right tools for exam prep Learning the law needed for the exam Analyzing your score if you've already taken the MBE Building confidence through timed practice Resources: Practice of the Week (POW) MBE Workshop (https://barexamtoolbox.com/practice-of-the-week-pow-mbe-workshop/) AdaptiBar (https://www.adaptibar.com/) UWorld (https://www.uworld.com/) MBE Strategies and Examples (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-mastering-each-section-of-the-bar-exam/#mbe) Strategies & Tactics for the MBE, by Stephen Emanuel (https://www.amazon...
Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on an important topic in Evidence – the Best Evidence Rule, which requires a witness to produce the document whose contents he or she is testifying about. In this episode, we discuss: How Evidence is different from most other topics on the bar exam The Best Evidence Rule and its related exceptions Analyzing several hypos from previous California bar exams Structuring an answer to an Evidence question on the bar exam Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, July 2005 (https://nwculaw.edu/pdf/bar/July%202005%20Essay...
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the reasons why some bar takers fail the exam multiple times, and what approaches can help people pass after failing twice or more. In this episode, we discuss: How common is failing the bar multiple times? Some of the reasons why people fail repeatedly Assessing whether you're ready to sit for the bar again Strategies for improving your results on the exam Avoiding self-sabotaging behavior during bar prep Resources: The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) I Failed the Bar! podcast episodes (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-strategies-for-different-types-of-students/#bar-exam-failure) Strategies & Tactics for the MBE, by Steven Emanuel (https://www.amazon.com/Strategies-Tactics-MBE-Bar-Review/dp/1543805728) Podcast Episode 11: Self-Sabotaging Behavior During Bar Prep (w/Ariel Salzer) (https://barexamtoolb...
Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on Criminal Law, specifically inchoate offenses. This topic commonly appears on bar exam questions and includes attempt, solicitation, and conspiracy. In this episode, we discuss: How do inchoate offenses differ from other crimes? The rules for attempt, solicitation, and conspiracy to commit a crime The merger doctrine The Pinkerton liability rule Defenses to inchoate crimes How to structure an answer to an open-ended question on an exam Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, October 2020 (https://www.calbar.ca.g...