The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

Welcome back to the Bar Exam Toolbox podcast! Today, we're diving into part one of a two-part series on the topic of Impeachment. Specifically, we're focusing on character impeachment – that is, discrediting the credibility of a witness.

In this episode, we discuss:

• What is witness impeachment?
• Demonstration of bias
• Examining a witness's character for truthfulness
• Evidence of prior bad acts and convictions
• Analyzing two questions from previous 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)
• California Bar Examination – Essay Questions and Selected Answers, February 2016 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/February2016CBX_QuestionsSelectedAnswers_R.pdf)
• California Bar Examination – Essay Questions and Selected Answers, February 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/February-2020-Essay-Selected-Answers.pdf)

Download the Transcript (https://barexamtoolbox.com/episode-232-listen-and-learn-impeachment-part-1/)

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! Today, we're excited to welcome Ryan Zajic – a senior legal content developer at UWorld and a licensed attorney in the state of Nebraska, and Dr. Janani Krishnaswami – a certified physician in preventative medicine, internal medicine, and lifestyle. We're talking about the very important topic of mental health for law students and those studying for the bar exam, and in the legal field in general. Thanks to Themis Bar Review, the gold standard in bar exam preparation, for sponsoring this episode!

In this episode, we discuss:

• How our guests got involved in the bar prep world
• What the results from The 2021 Survey of Law Student Well-Being show
• What are the primary challenges that students face while studying for the bar?
• Coping mechanisms you could try if you find yourself struggling during bar prep
• How Themis and UWorld have developed their programs with mental health and success in mind
• What our guests would do differently if they had to take difficult exams at this time in their life

Resources:

• Themis Bar Review (https://www.themisbar.com/)
• UWorld (https://www.uworld.com/)
• UWorld Legal (https://legal.uworld.com)
• The 2021 Survey of Law Student Well-Being (https://thebarexaminer.ncbex.org/article/summer-2022/2021-survey-of-law-student-well-being/)
• Podcast Episode 57: Using Mindfulness Techniques in Your Bar Exam Preparation (https://barexamtoolbox.com/podcast-episode-57-using-mindfulness-techniques-in-your-bar-exam-preparation/)
• Podcast Episode 211: Building New Habits While Studying for the Bar Exam (https://barexamtoolbox.com/podcast-episode-211-building-new-habits-while-studying-for-the-bar-exam/)
• The Power of a Positive Mindset (https://barexamtoolbox.com/the-power-of-a-positive-mindset/)
• Why Being on Top of Mental Health Is So Important When Studying for the Bar (https://barexamtoolbox.com/why-being-on-top-of-mental-health-is-so-important-when-studying-for-the-bar/)
• How to Proactively Develop Good Mental Health Habits During Bar Prep (https://barexamtoolbox.com/how-to-proactively-develop-good-mental-health-habits-during-bar-prep/)
• Getting Mentally Ready: Let Go, Relax, and Get Out of Your Own Way (https://barexamtoolbox.com/getting-mentally-ready-let-go-relax-and-get-out-of-your-own-way/)

Download the Transcript (https://barexamtoolbox.com/episode-231-sustaining-mental-health-during-bar-study-and-beyond/)

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 this episode from our "Quick Tips" series, we're talking about how many hours you really need to spend studying to pass the bar exam.

In this episode, we discuss:

• Our minimum baseline recommendation for the number of hours you should plan on studying
• Setting realistic goals for daily and weekly study time
• How to prioritize your study time
• Adjusting your study schedule based on your personal circumstances

Resources:

• Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/)
• Podcast Episode 51: Making the Most of Your Bar Exam Practice (https://barexamtoolbox.com/podcast-episode-51-making-the-most-of-your-bar-exam-practice/)
• Podcast Episode 52: Avoiding Burnout While Studying for the Bar Exam (https://barexamtoolbox.com/podcast-episode-52-avoiding-burnout-while-studying-for-the-bar-exam/)
• Podcast Episode 60: Applying for Accommodations on the Bar Exam (w/Elizabeth Knox) (https://barexamtoolbox.com/podcast-episode-60-applying-for-accommodations-on-the-bar-exam-w-elizabeth-knox/)
• Podcast Episode 191: Quick Tips – Using Spaced Repetition to Memorize (https://barexamtoolbox.com/podcast-episode-191-quick-tips-using-spaced-repetition-to-memorize/)
• Podcast Episode 212: Quick Tips – Adding Variety to your Bar Exam Study Routine (https://barexamtoolbox.com/podcast-episode-212-quick-tips-adding-variety-to-your-bar-exam-study-routine/)
• Managing Full-Time Work and Studying (https://barexamtoolbox.com/managing-full-time-work-and-studying/)
• Time Management for the Bar (https://barexamtoolbox.com/time-management-for-the-bar/)

Download the Transcript (https://barexamtoolbox.com/episode-230-quick-tips-how-many-hours-do-you-need-to-study-for-the-bar-exam/)

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 this episode from our "Listen and Learn" series, we're talking about the ethical rules governing the supervision of employees of a law firm. This is an issue that might be part of a fact pattern involving professional responsibility on the California bar exam, or it could show up on the MPRE.

In this episode, we discuss:

• Responsibilities of senior attorneys or partners who supervise attorney associates
• The duty owed by a subordinate attorney who completes a task at the direction of the supervising attorney
• The rule addressing employees of a firm who are not attorneys, but still require supervision
• Three sample fact patters illustrating the above concepts

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/)
• Podcast Episode 24: Tackling a California Bar Exam Essay: Professional Responsibility and Evidence (https://barexamtoolbox.com/podcast-episode-24-tackling-a-california-bar-exam-essay-professional-responsibility-and-evidence/)
• Podcast Episode 47: Preparing for the MPRE (w/Brittany Raposa) (https://barexamtoolbox.com/podcast-episode-47-preparing-for-the-mpre-w-brittany-raposa/)

Download the Transcript (https://barexamtoolbox.com/episode-229-listen-and-learn-professional-responsibility-supervision/)

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 this episode from our "Listen and Learn" series, we go through an attack plan for how you might approach a Miranda issue on an exam question, and look at specific rules you'll want to address in your answer.

In this episode, we discuss:

• An attack plan for approaching questions involving Miranda issues
• The constitutional basis for Miranda warnings
• The definition of "custodial interrogation"
• How a suspect can invoke or waive their rights
• Analyzing two hypos illustrating how Miranda issues show up 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)
• The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/)
• Miranda v. Arizona (https://www.oyez.org/cases/1965/759)
• Podcast Episode 128: Listen and Learn – Privilege Against Self-Incrimination and Miranda Rights (https://barexamtoolbox.com/podcast-episode-128-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/)
• Podcast Episode 154: Listen and Learn – The Exclusionary Rule (Criminal Law and Procedure) (https://barexamtoolbox.com/podcast-episode-154-listen-and-learn-the-exclusionary-rule-criminal-law-and-procedure/)

Download the Transcript (https://barexamtoolbox.com/episode-228-listen-and-learn-criminal-procedure-miranda-warnings/)

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 this episode from our "Listen and Learn" series, we're talking about the duty of candor, which you're very likely to see tested on the MPRE; or if you're in California, on an essay question as well.

In this episode, we discuss:

• What the duty of candor encompasses under the ABA and California rules
• How an attorney can rectify an error, whether intentional or unintentional
• Analyzing three questions from previous California bar exams involving the duty of candor
• Candor as it relates to an attorney's reputation and credibility

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 2018 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Feb2018_CBXSelectedAnswers_EssayQuestions.pdf)
• California Bar Examination – Essay Questions and Selected Answers, July 2014 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/July2014CBX_SelectedAnswersEssays1-6_R.pdf)
• California Bar Examination – Essay Questions and Selected Answers, February 2013 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/February-2013-CBX%20Selected%20Answers%20Essays.pdf)
• Podcast Episode 24: Tackling a California Bar Exam Essay: Professional Responsibility and Evidence (https://barexamtoolbox.com/podcast-episode-24-tackling-a-california-bar-exam-essay-professional-responsibility-and-evidence/)
• Podcast Episode 47: Preparing for the MPRE (w/Brittany Raposa) (https://barexamtoolbox.com/podcast-episode-47-preparing-for-the-mpre-w-brittany-raposa/)
• Professional Responsibility: ABA Rules New to California (https://barexamtoolbox.com/professional-responsibility-aba-rules-new-to-california/)

Download the Transcript (https://barexamtoolbox.com/episode-227-listen-and-learn-duty-of-candor-to-the-court/)

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! This episode is part two in contract defenses. In part one, we focused on the defenses of mistake, fraudulent misrepresentation, and non-disclosure. Today, we cover three more: incapacity, undue influence, and duress.

In this episode, we discuss:

• What is required to form a valid contract?
• Individuals protected through the incapacity defense
• What constitutes "undue influence"?
• The two types of duress to watch out for in contract formation
• Analyzing two essay questions related to contract formation and defenses

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/)
• Podcast Episode 161: Listen and Learn – Contract Formation (https://barexamtoolbox.com/podcast-episode-161-listen-and-learn-contract-formation/)
• Podcast Episode 164: Listen and Learn – Contract Defenses (https://barexamtoolbox.com/podcast-episode-164-listen-and-learn-contract-defenses/)

Download the Transcript (https://barexamtoolbox.com/episode-226-listen-and-learn-more-contract-defenses/)

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! Today, as part of our "Listen and Learn" series, we're discussing the rules around authentication of evidence, which comes into play when you're dealing with physical or documentary evidence.

In this episode, we discuss:

• Physical vs. testimonial evidence
• How the different types of physical/documentary evidence are authenticated
• Items that are considered self-authenticating
• Analyzing four 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 2017 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/CBXFeb2017_Selected_EssayQuestions1-6_R.pdf)
• California Bar Examination – Essay Questions and Selected Answers, July 2018 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Essay-Questions-and-Answers.pdf)
• California Bar Examination – Essay Questions and Selected Answers, July 2014 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/July2014CBX_SelectedAnswersEssays1-6_R.pdf)
• California Bar Examination – Essay Questions and Selected Answers, February 2012 (https://www.calbar.ca.gov/Portals/0/documents/admissions/CBXFeb2012_SelectedAnswers_R.pdf)

Download the Transcript (https://barexamtoolbox.com/episode-225-listen-and-learn-authentication-of-evidence/)

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! Today, as part of our "Listen and Learn" series, we're talking about service of process – a subject that sometimes sneaks into Civil Procedure questions on the bar exam. We'll discuss the general service of process rules under the Federal Rules of Civil Procedure, as well as the California-specific rules.

In this episode, we discuss:

• Serving a summons and complaint to individuals in the United States and in foreign countries under the Federal Rules of Civil Procedure
• Serving a corporation or other non-individual
• Substitute service of process under the California rules
• Two hypos illustrating service of process issues

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/)

Download the Transcript (https://barexamtoolbox.com/episode-224-listen-and-learn-service-of-process-civ-pro/)

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 this episode, we're talking about the difference between passive learning (such as reading notes or listening to a lecture) and active learning (such as memorization and deep understanding).

In this episode, we discuss:

• How to assess if you're spending most of your time on passive studying
• What is active studying and why is it more effective?
• Finding the balance between passive and active studying
• Why you have to start taking practice exams before you are ready
• What can lead to burnout quickly during bar prep

Resources:

• Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/)
• Podcast Episode 42: Memorization Techniques for the Bar Exam (https://barexamtoolbox.com/podcast-episode-42-memorization-techniques-for-the-bar-exam/)
• Podcast Episode 51: Making the Most of Your Bar Exam Practice (https://barexamtoolbox.com/podcast-episode-51-making-the-most-of-your-bar-exam-practice/)
• Podcast Episode 52: Avoiding Burnout While Studying for the Bar Exam (https://barexamtoolbox.com/podcast-episode-52-avoiding-burnout-while-studying-for-the-bar-exam/)
• Podcast Episode 118: More on Memorization for the Bar Exam (https://barexamtoolbox.com/podcast-episode-118-more-on-memorization-for-the-bar-exam/)
• Podcast Episode 191: Quick Tips – Using Spaced Repetition to Memorize (https://barexamtoolbox.com/podcast-episode-191-quick-tips-using-spaced-repetition-to-memorize/)
• Podcast Episode 212: Quick Tips – Adding Variety to your Bar Exam Study Routine (https://barexamtoolbox.com/podcast-episode-212-quick-tips-adding-variety-to-your-bar-exam-study-routine/)

Download the Transcript (https://barexamtoolbox.com/episode-223-quick-tips-balancing-passive-and-active-studying-for-the-bar-exam/)

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