BarReviewSolutions.com FYLSX Newsletter

A periodic newsletter for individuals preparing for the California Baby Bar Exam, addressing exam study strategy, our Essays In-Depth feature, and newsletter-only discounts and specials.

Oops! FYLSX Essay Solution Workshop FREE for 1 Year, Offer Extended Through June 17, 2015

BarReviewSolutions.com LLC logo

Read this newsletter issue online.

Hello,

Oops, we received some reports of confusion regarding our offer for our FYLSX Essay Solution Workshop in yesterday's newsletter. Our intention was to offer the program for signup for free for 1 day. However, we failed to mention that when you signup, you receive a 1 year subscription and access to the Workshop. To clear up this confusion, we've extended the offer through today and tomorrow. You can signup for our Workshop for free ($125 value) by tomorrow and you'll receive a 1-year subscription and access. You can signup now, and either use the workshop now or anytime in the next year, by visiting http://barreviewsolutions.com/catalog/fylsx/essaysolution and using the code FYLSXFREE at checkout.

FYLSX Newsletter Discount Reminder: $200 OFF our October 2015 Ultimate or Paced Programs Through June 21, 2015


As a reminder we are offering our Early Bird Discount for our October 2015 Ultimate and Paced programs. This is the largest discount that we will offer on either of these programs for the October 2015 exam and only until June 21, 2015. To ensure you receive this substantial discount, you can enroll in the program today and begin at a later Start Date. To obtain $200 OFF either our Ultimate or Paced programs, utilize the code FYLSXEARLY at checkout.

Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




We Are Giving Away our 2015 FYLSX Essay Solution Workshop ($125 Value)

Hello,

Welcome to the latest issue of our FYLSX Newsletter. This issue has information for those of you taking the upcoming June 2015 FYLSX and for those of you preparing for a subsequent administration of the FYSLX (e.g., October 2015 or 2016). Also, as a loyal newsletter reader, we are excited to give you a SPECIAL OFFER on our 2015 FYLSX Essay Solution On-Demand Essay Writing Workshop (see below). In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • October 2015 Programs Available
  • Essays In-Depth: Understanding Products Liability, Strict Liability, and “Strict Products Liability” on Torts Essays
  • FYLSX Newsletter Discount: $200 off our October 2015 Ultimate or Paced Programs
  • FYLSX Special Offer: 2015 FYLSX Essay Solution Workshop FREE, 1 Day Only

Important Upcoming FYLSX Dates


  • FYLSX Exam Date: June 23, 2015
  • October 2015 FYLSX Application Availability: July 1, 2015
  • October 2015 FYLSX Exam Date: October 27, 2015

October 2015 Programs Available


Our Ultimate and Paced programs are available for the October 2015 exams. Any of our FYLSX programs can be used in conjunction with the completion of your first year studies in anticipation of both your final exams and the FYLSX or as a stand-alone program to prepare you for the FYLSX essays. You can sign up for either program today, to ensure your spot, and begin now or at a later date of your choosing.

FYLSX Essays In-Depth: Understanding Products Liability, Strict Liability, and “Strict Products Liability” on Torts Essays


In our experience, helping hundreds of individuals pass their bar exam, one of the most common mistakes individuals make on FYLSX essays is understanding the difference between strict liability, products liability, and strict products liability. Learn how to understand the differences, avoid common mistakes, and review our model template (all of 1-on-1 programs provide model templates for commonly tested essay issues) for strict products liability at: https://barreviewsolutions.com/premium/fylsx/torts/strict-products-liabi...

FYLSX Newsletter Discount: $200 OFF our October 2015 Ultimate or Paced Programs


This week we are offering our Early Bird Discount for our October 2015 Ultimate and Paced programs. This is the largest discount that we will offer on either of these programs for the October 2015 exam and only until June 21, 2015. To ensure you receive this substantial discount, you can enroll in the program today and begin at a later Start Date. To obtain $200 OFF either our Ultimate or Paced programs, utilize the code FYLSXEARLY at checkout.

FYLSX Special Offer: 2015 FYLSX Essay Solution Workshop FREE, Through June 17, 2015 ($125 Value)


Our On-Demand Essay Writing Workshop is available for those of you taking either the June 2015 or October 2015 exam. The workshop teaches and illustrates our methodical, proven method to writing passing FYLSX essays. The workshop is an excellent tool for exam preparation for the essays. In addition, for those of you taking the October 2015 or a 2016 exam, others have successfully used the workshop early in their exam preparation and for final exams for first year courses. Through June 17, 2015, we are offering our FYLSX Essay Solution Workshop for FREE (a $125 value) to our Newsletter readers. Yes, FREE! We only ask that if you feel you can use additional essay help for your FYLSX essays, after viewing the Workshop, then please consider our Ultimate or Paced programs. To receive the FYLSX Essay Solution Workshop today for free, just use the discount code FYLSXFREE at checkout. As a reminder, you'll receive 1 year access to the Workshop when you signup. Learn more, signup now, and begin the workshop immediately at: http://barreviewsolutions.com/catalog/fylsx/essaysolution

Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




How To Write Murder Issue Discussions on the FYLSE that Receive Passing Scores

Hello,

Welcome to the latest issue of our FYLSX Newsletter. This issue has information for those of you taking the October 2014 FYLSX and for those of you preparing for a subsequent administration of the FYSLX (e.g., June 2015 or October 2015). In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Online Essay Writing Workshop Still Available for October 2014 Exam
  • June 2015 and October 2015 Programs Now Available
  • Essays In-Depth: How to Address Murder and Attempted Murder on a FYLSX Criminal Law Essay
  • FYLSX Newsletter Discount: $200 off our June 2015 or October 2015 Ultimate or Paced Programs

Important Upcoming FYLSX Dates


  • FYLSX Exam Date: October 28, 2014

Online Essay Writing Workshop Still Available for October 2014 Exam


Our On-Demand Essay Writing Workshop is still available for those of you taking the October 2014 exam. The workshop teaches and illustrates our methodical, proven method to writing passing FYLSX essays. The workshop is an excellent tool for exam preparation for the essays. In addition, for those of you taking a 2015 exam, others have successfully used the workshop early in their exam preparation and for final exams for first year courses. For a limited time, we are offering $25 off the price of the workshop (no discount code necessary). Learn more, signup now, and begin the workshop immediately at: http://barreviewsolutions.com/catalog/fylsx/essaysolution

June 2015 and October 2015 Programs Now Available


Our Ultimate and Paced programs are now available for the June 2015 and October 2015 exams. Any of our FYLSX programs can be used in conjunction with the completion of your first year studies in anticipation of both your final exams and the FYLSX or as a stand-alone program to prepare you for the FYLSX essays.

FYLSX Essays In-Depth: How to Address Murder and Attempted Murder on a FYLSX Criminal Law Essay


One of the most troublesome issues individuals face on the FYLSX essays is the issue of Murder on a Criminal Law essay. Learn how to organize a Murder issue, differentiate it from Attempted Murder, and avoid common mistakes at: https://barreviewsolutions.com/premium/fylsx/criminal-law/murder

FYLSX Newsletter Discount: $200 OFF our June 2015 or October 2015 Ultimate or Paced Programs


This week we are offering our Early Bird Discount for our June 2015 or October 2015 Ultimate and Paced programs. This is the largest discount that we will offer on either of these programs for 2015 exams and only until October 28, 2014. To ensure you receive this substantial discount, you can enroll in the program today and begin at a later Start Date. To obtain $200 OFF either our Ultimate or Paced programs, utilize the code FYLSXEARLY at checkout.

Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




Improving FYLSE Issue Recognition: Overlooking Complementary Issues

California Baby Bar Examinees,

Welcome to the latest issue of our California Baby Bar Exam (FYLSX) newsletter. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Recent BarReviewSolutions.com FYLSX News
  • FYLSX Essays In-Depth: Overlooking Complementary Issues
  • FYLSX Repeaters' Discount
  • FYLSX Newsletter Discount

Important Upcoming FYLSX Dates


  • FYLSX Exam Date: October 23, 2012


Recent BarReviewSolutions.com FYLSX News


Time remains, with our Expedited scheduling, to complete our FYLSX Fundamentals program for the October 2012 FYLSX.

For Repeaters, our FYLSX Exam Essay Assessments are available for the June 2011, October 2011, and June 2012 exams. An essential tool for any repeater is understanding prior exam mistakes. Our Assessments identify your essay weaknesses and provide concrete suggestions for immediate improvement.

Our Ultimate program is now available for the June 2013 exam. Any of our FYLSX programs can be used in conjunction with the completion of your first year studies in anticipation of both your final exams and the FYLSX.


FYLSX Essays In-Depth: Overlooking Complementary Issues


Issue recognition on FYLSX essays is often a source of consternation and difficulty for many exam takers. One common essay issue recognition mistake is the tendency to overlook complementary issues, by either omitting the issues entirely or only identifying a portion of the pertinent issues.

What is a Complementary FYLSX Essay Issue?

"Complementary" issues are simply related issues that should be identified and evaluated as independent, separate issues on your FYLSX essays. Such issues often manifest as lesser crimes or torts. For example, Assault and Battery in both Criminal Law and Torts are such "complementary" issues. In Contracts, "complementary" issues are often competing forms of the same issue (e.g., Offer and Merchant Firm Offer (assuming the question addresses the sale of goods under the UCC)). Likewise, defenses across all subjects often contain complementary, related issues that should be considered in conjunction with one another (e.g., the various forms of insanity defenses in Criminal Law; contributory and comparative negligence in Torts; and impracticablity and impossiblity in Contracts).

A Case Example: "Products Liability"

A good example of complementary issues is "products liability" claims on a Torts essay. When individuals see the words "products liability" in an essay question they often only think of "strict products liability" and forgo consideration of all other products liability claims (i.e., the complementary issues of "strict products liability"). Remember, "products liability" includes a number of individual, related, and complementary issues, including: strict products liability, products liability negligence, warranty theory, and battery. If a question is inquiring about "products liability" generally, and not "strict products liability" specifically, then consideration of all these claims should be made as possible issues: consider the complementary issues (note, the differences between products liability and strict liability claims can be found here).

The major lesson to remember is that you should not overlook consideration of a complementary issue after identifying the initial issue. In almost all cases, if you are identifying a particular issue in your answer, then you should likely also identify all related, complementary issues as well.


FYLSX Newsletter Discount


Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




Organization is the Foundation to Effective California Baby Bar Exam Essays

California Baby Bar Examinees,

Welcome to the latest issue of our California Baby Bar Exam (FYLSX) newsletter. As we enter mid-September, we hope your October exam prep is progressing well. Remember, there is plenty of time to fully and adequately prepare for the October 2012 exam. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Recent BarReviewSolutions.com FYLSX News
  • FYLSX Essays In-Depth: Organization as Fundamental, A Case Example - Murder on Criminal Law Essays
  • FYLSX Repeaters' Discount
  • FYLSX Newsletter Discount

Important Upcoming FYLSX Dates


  • Final Filing Deadline: September 17, 2012
  • FYLSX Exam Date: October 23, 2012


Recent BarReviewSolutions.com FYLSX News


Select a link below to learn more...

Time remains to sign-up for and complete either our Paced or Fundamentals program for the October 2012 FYLSX. As a reminder, both programs include our online FYLSX Essay Solution workshop and our in-depth, comprehensive feedback.

For Repeaters, our Exam Essay Assessments are available for the June 2011, October 2011, and June 2012 exams. An essential obstacle for any repeater to overcome is identifying prior exam weaknesses. Our Assessments will identify your exam essay mistakes AND instruct you how to correct them.

Just beginning your October 2012 FYLSX prep? Our FREE October 2012 FYLSX Calendar Solution provides 1 month and 2 week sample schedules to help you organize your review.

Taking the June 2013 FYLSX? Our Ultimate program is now available for the June 2013 exam.


FYLSX Essays In-Depth: Organization as Fundamental, A Case Example - Murder on Criminal Law Essays


In assisting numerous individuals prepare for and pass the FYLSX, our initial focus almost always concentrates on fundamental essay organization, especially specific issue organization. Without proper, effective organization almost all other aspects of effective essay writing (e.g., how one states the law, what one includes or does not include in analysis) will suffer.

Understanding and Utilizing Macro- and Micro-Organization on Your FYLSX Essays

In Chapters 3 and 10 of our FYLSX Essay Solution Workshop, we fully explain and illustrate the components of effective essay and issue organization. In the Workshop, we distinguish between what we call Macro- and Micro-Organization. Macro-Organization refers to how the issues are organized and presented in relation to one another. Micro-Organization refers to how individual issues are organized. We are often surprised at the level of essay disorganization we initially encounter from individuals that are preparing for the exam, even individuals that have taken the FYLSX multiple times. This is unfortunate, as fundamental essay organization can be dramatically improved in only a few guided, practice essays.

A Common Organizational Stumbling Block: The "Big" Issues

Of the many organizational mistakes we see from individuals preparing for the FYLSX essays, one common mistake is poor organization of what we like to call the "big" issues. Some examples of "big" issues include Murder, Products Liability claims, and Negligence claims. These are "big" issues because they are all made up of multiple "sub-issues" or independent elements that requires separate, independent issue treatment. For example, even though an answer may seek a discussion of a solitary claim of ordinary Negligence (i.e., the "big" issue), this discussion will require independent discussion of the claim's constituent elements: Duty, Breach, Causation, Damages, and possible Defenses.

A Case Example: Murder on Criminal Law Essays

The crime of Murder on a FYLSX Criminal Law essay is one such "big" issue that creates organizational difficulties for individuals. We often see hodge-podge lists or run-on paragraphs, as individuals try to address homicide, malice, degrees of murder, and manslaughter discussion. The result is almost always an incomplete treatment of the crime, as major elements of the crime will necessarily be omitted, overlooked, or incompletely addressed. In addressing these deficiencies, we always suggest that an individual begins with improving the fundamental issue organization. We highly suggest, you visit the following for a great starting point, as you think about improving your organization of any Murder discussion: FYLSX Murder Overview.


FYLSX Newsletter Discount


Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




The FYLSX Repeater's Dilemma: Turning "Did Not Pass" Into "Pass"

California Baby Bar Examinees,

Welcome to the latest issue of our California Baby Bar Exam (FYLSX) newsletter. Congratulations to everyone that passed the June 2012 exam! For individuals that did not pass, we encourage you not to become discouraged, as we've personally seen many repeaters ultimately pass the exam. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Recent BarReviewSolutions.com FYLSX News
  • FYLSX Study Strategy: The Repeater's Dilemma
  • FYLSX Repeaters' Discount
  • FYLSX Newsletter Discount

Important Upcoming FYLSX Dates


  • June 2012 Repeaters Only, Timely Filing Deadline: September 3, 2012
  • Final Filing Deadline: September 17, 2012
  • FYLSX Exam Date: October 23, 2012


Recent BarReviewSolutions.com FYLSX News


Select a link below to learn more...

California Baby Bar Exam (FYLSX) Essay Assessments available for June 2012, October 2011, and June 2011 exams


FYLSX Study Strategy: The Repeater's Dilemma


Everyone knows that the passage rate on the FYLSX is low, especially in comparison to the general bar exam. The passage rate for all takers of the FYLSX typically falls between 20%-25%. For repeaters, the passage rate is even lower. For example, the October 2010 FYLSX repeater pass rate was 15.5%. The passing rate for repeaters reveals in numerical terms what we like to call the "Repeater's Dilemma."

The Repeater's Dilemma is a simple observation that recognizes a repeater needs to improve exam performance but is likely incapable of providing independent, self-improvement because of the very fact the individual is a repeater (i.e., if an individual knew how to pass the exam, whether via substantive preparation or exam-taking skills, then the individual would not be repeater because of a successful result).

A FYLSX Repeater Needs to Unlearn Bad Habits

Unfortunately, most repeaters will simply stick with the initial plan utilized for the initial FYLSX attempt and "hope for the best." Often, unbeknownst to the repeater, bad habits (e.g., bad essay-writing habits) and tendencies have become instilled and are often difficult to break without outside assistance. For example, in our experience (via our FYLSX Essay Exam Assessments), individuals that have taken the FYLSX more than once will often exhibit the same essay mistakes on successive exam attempts without even knowing such items are mistakes/weaknesses that cost valuable points (a perfect example of the Repeater's Dilemma).

How to Overcome the Repeater's Dilemma

Repeaters should actively identify and learn from their prior FYLSX preparation and exam-taking mistakes. Such learning includes the need to unlearn poor essay-writing habits, which can occur on both general terms (e.g., basic issue organization) and for specific issues (e.g., how to address Duty for a claim of ordinary Negligence). Often, this requires outside assistance because if repeaters knew how to identify and correct such FYLSX preparation and exam-taking mistakes, then they would not be repeaters (again, the "Repeater's Dilemma").

In terms of essays, an excellent starting point for any FYLSX repeater to overcome the Repeater's Dilemma is assessing the actual essays from prior exam attempts. Exam essays reveal your true essay-writing ability under exam conditions. Of course, we are partial to our FYLSX Exam Essay Assessments, but, at a minimum, you should seek outside assistance in evaluating and learning from your prior exam essays.


FYLSX Repeaters' Discount:


Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


FYLSX Newsletter Discount


Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




Planning for the October 2012 California Baby Bar Exam

California Baby Bar Examinees,

Welcome to the latest installment of our California Baby Bar Exam (FYLSX) newsletter. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Recent BarReviewSolutions.com FYLSX News
  • FYLSX Essays In-Depth: Avoiding the #1 Mistake for FYLSX Essay Preparation
  • FYLSX Newsletter Discount

Important Upcoming FYLSX Dates


  • Final Filing Deadline: September 17, 2012
  • FYLSX Exam Date: October 23, 2012


Recent BarReviewSolutions.com FYLSX News


Select a link below to learn more...

October 2011 FYLSX Passing Rates: 66% of All BarReviewSolutions.com FYLSX Takers Pass vs. 19.1% of All FYLSX Takers

October 2012 California Baby Bar Exam (FYLSX/FYLSE) Essay Solution: On-Demand Workshop, Now Available

October 2012 California FYLSX/FYLSE 1-on-1 Essay Programs Now Available

FREE October 2012 California Baby Bar Exam (FYLSX) Calendar Solution Now Available


FYLSX Essays In-Depth: Avoiding the #1 Mistake for FYLSX Essay Preparation


In planning for a FYLSX review, we encourage you to avoid the #1 mistake individuals commit when you consider FYLSX essays: waiting TOO long to commence essay practice. In our experience, almost every individual would benefit from starting essay practice sooner in their overall FYLSX review. Although many individuals wait too long to commence FYLSX essay practice, the underlying reason often varies. The following are some of the most common reasons individuals rely upon when delaying FYLSX essay practice.

Reason 1: "I'll Wait Until I Know the Law Better"

This is the most common reason for delayed FYLSX essay practice. Many individuals simply believe that at some time in the future, but before the exam, they will know all the testable law and then be ready to commence essay practice. Unfortunately, although the law may in fact be known prior to the exam by a few of these individuals (most others will never reach this mythical all-knowing state), they will invariably run out of time for significant essay practice because of the immediate proximity of the exam.

Reason 2: "I Have Plenty of Time Before the Exam"

Another common reason for delaying essay practice prior to the FYLSX is the belief that plenty of time exists prior to the exam. Ultimately, this is simple procrastination. In reality, substantive essay practice takes time, effort, and critical review. Unless you are taking the June 2013 FYLSX, time is not likely on your side, especially if you are relying on this reason well into September for the October 2012 FYLSX.

Reason 3: "Ignorance Is Bliss"

The last most common reason for delayed essay practice is simply not knowing that essay practice is even necessary. Such individuals fail to realize that consistent, constructive essay practice can often improve essay writing ability dramatically and such improvement can be the difference between passing or failing the FYLSX.

Avoid this FYLSX Essay Prep Mistake, Start Essay Practice

If you find yourself delaying essay practice for the upcoming October 2012 exam, and if you can identify with one or more of the above-mentioned reasons, then we encourage to start your essay practice sooner rather than later. In our experience, the sooner an individual begins substantive essay practice for the FYLSX, the higher the likelihood of success on the exam.


FYLSX Newsletter Discount


Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.

Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




6 Weeks Until the October 2011 California Baby Bar Exam

Hello California Baby Bar Examinees,

Welcome to the latest installment of our California Baby Bar Exam (FYLSX) newsletter. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Recent BarReviewSolutions.com FYLSX News
  • FYLSX Essays In-Depth: Avoiding "Issue Tunnel Vision"
  • Newsletter Discount

Important Upcoming FYLSX Dates


  • Final Filing Deadline: September 15, 2011
  • FYLSX Exam Date: October 25, 2011

Recent BarReviewSolutions.com FYLSX News


Select a link below to learn more...

June 2011 California Baby Bar Exam (FYLSX) Essay Assessments Now Available


FYLSX Essays In-Depth: Avoiding "Issue Tunnel Vision"


A common problem individuals often encounter on FYLSX essays is the tendency to overlook additional, germane issues beyond the "major" issue suggested by the call of the question. This focus on only the major issue results in "Issue Tunnel Vision," blinding an examinee from other pertinent issues. For example, individuals often fail to identify additional, lesser crimes and concentrate on only a major crime like Murder even when the question calls for a discussion of "all possible crimes." The following are common examples of Issue Tunnel Vision across all testable subjects (note, we fully explore issue recognition on FYLSX essays in Chapter 4 of our FYLSX Essay Solution Workshop):

Torts

  • Omitting lesser intentional torts, like Assault and Battery, in favor of more complex claims like Negligence
  • Ignoring alternative claims applicable to the same set of facts (e.g., Strict Products Liability AND Products Liability Negligence)

Contracts

  • Focusing on the general rule only and omitting consideration of special alternative rules applicable to the same overall issue (e.g., Offer AND Merchant Firm Offer or Compensatory Damages AND Consequential Damages)
  • Ignoring alternatives to normal Contract Formation (Offer, Acceptance, and Consideration) discussions (e.g., Detrimental Reliance or Promissory Estoppel)

Criminal Law

  • Ignoring lesser crimes and concentrating on only major crimes (e.g., False Imprisonment AND Kidnapping, Assault AND Battery, Murder AND Manslaughter)
  • Identifying only 1 defense when multiple defenses are applicable (e.g., Self-Defense AND Defense of Others)

Issue Tunnel Vision Caveat: Respect the Call of the Question

With practice and understanding, your ability to recognize alternative, complementary issues will improve. However, whether an issue should be included in your essay answer is always dictated by the call of the question itself. If the question expressly limits your discussion to specific issues, then, obviously, limit your discussion to those issues. Keep in mind, you will simply receive no credit from the grader for discussing issues that are not germane to the call of the question. However, if the question is open-ended, be alert for, and avoid, Issue Tunnel Vision. In such cases, your issue discussions are rarely narrow and straight-lined. Instead, they are often multi-branching and dependent upon alternative, plausible issues that are fairly raised by the fact pattern.

Newsletter FYLSX Discount: $50 Off June 2011 FYLSX Essay Assessment



Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




8 Weeks Until the October 2011 California Baby Bar Exam

Hello California Baby Bar Examinees,

Welcome to the latest installment of our California Baby Bar Exam (FYLSX) newsletter. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • Recent BarReviewSolutions.com FYLSX News
  • FYLSX Essays In-Depth: Common Murder Malice Mistakes
  • Newsletter-Only Discount

Important Upcoming FYLSX Dates


  • Timely Filing for June 2011 Repeaters: September 1, 2011
  • Final Filing Deadline: September 15, 2011
  • FYLSX Exam Date: October 25, 2011

Recent BarReviewSolutions.com FYLSX News


Select a link below to learn more...

FREE October 2011 California Baby Bar Exam (FYLSX) Calendar Solution Now Available

October 2011 California Baby Bar Exam (FYLSX) 1-on-1 Essay Tutorials Available

October 2011 California Baby Bar Exam (FYLSX) Essay Solution: On-Demand Workshop Available - 50% OFF FOR A LIMITED TIME


FYLSX Essays In-Depth: Common Murder Malice Mistakes


Murder is one of the most frequently tested crimes on FYLSX Criminal Law essays. Within any Murder discussion, individuals often make one or more common mistakes in their treatment of Malice. Four of the most common mistakes include the following:

  1. Failing to understand how Malice fits within the overall crime of Murder,
  2. Failing to identify all four forms of Malice,
  3. Failing to analyze and apply all four forms of Malice (a corollary to this common mistake is failing to recognize that more than 1 form of malice can apply for any 1 Murder discussion), and
  4. Failing to understand what forms of Malice fall within First or Second Degree Murder.

In this issue, we will explain how to avoid the first two of these common Murder Malice mistakes.

Recognize and Understand How Malice Fits Within a Murder Discussion

Fundamentally, anyone addressing Murder on a FYLSX essay should recognize and understand that Malice is simply one element of the overall Murder discussion. Just as all crimes are made up of elements that must be proven, Malice is simply one element of the crime of Murder. On an essay, the elemental organization of a Murder discussion should be substantially similar to the following:

Murder:
Homicide
Causation
Malice
Degrees of Murder
Manslaughter
Other Murder Defenses

From the above, notice how Malice is simply one of many elements that should be addressed and evaluated in your discussion of Murder.

Identify All Four Forms of Malice

Once you understand how Malice fits within the overall Murder discussion, as noted above, another common mistake individuals make on FYLSX Criminal Law essays is failing to identify and explain all four specific forms of Malice. Too often, individuals will discuss Malice generally, without any reference to specific forms of Malice, or individuals will only address one or two forms of Malice instead of all four.

To avoid this common Malice mistake, be sure to specifically identify and define all four forms of Malice in your discussion:

  • Intent to kill,
  • Intent to cause serious bodily injury,
  • Wanton disregard for human life (i.e., "depraved heart"), and
  • Felony murder

Once you have identified and defined all four forms of Malice, be sure to address and dismiss those forms of malice that obviously do not apply, based on the facts, and concentrate your analysis efforts on the most plausible forms of malice suggested by the fact pattern.

Newsletter-Only FYLSX Discount



Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




3 Weeks Until the June 2011 California Baby Bar Exam

Hello California baby bar exam applicants,

Welcome to the latest installment of our California baby bar exam (FYLSX) newsletter. In this issue, we consider:

  • Important Upcoming FYLSX Dates
  • FYLSX Essays In-Depth: Common Negligence Problems, Duty
  • Newsletter-Only Discounts

Important Upcoming FYLSX Dates


  • FYLSX Exam Date: June 28, 2011

FYLSX Essays In-Depth: Common Negligence Problems, Duty


Negligence is, perhaps, the most frequently tested claim/issue presented on any bar exam, including the FYLSX. In an FYLSX essay context, Torts is the most frequently tested subject. Typically, 2 of the 4 FYLSX essays are devoted to Torts (on occasion, 2 Contracts essays will appear). Moreover, ordinary Negligence, and its' derivatives like Products Liability Negligence, is the most frequently tested claim on FYLSX Torts essays. Given the relative importance of Negligence, individuals preparing for FYLSX essays should consider, and avoid, several common, recurring Negligence problems. In this issue, we focus upon two of the most common Duty problems in the context of a prima facie case of ordinary Negligence.

2 Common, Recurring Negligence Duty Problems on FYLSX Essays

As demonstrated below, in the context of a prima facie case of ordinary Negligence (Duty, Breach, Actual Cause, Proximate Cause, and Damages), Duty should be the first element of the Negligence case that you evaluate in any FYLSX essay when the question presented raises a possible claim of ordinary Negligence.

Model Issue Overview of Prima Facie Case of Ordinary Negligence

Considering the above prima facie case of Negligence, there are 2 major, common mistakes that many individuals make when addressing the element of Negligence Duty:

  1. Individuals fail to recognize that Duty consists of 2 parts: a) whether a Duty is owed in the first place and b) the scope of such a Duty (i.e., the standard of care).
  2. Individuals provide a premature discussion of Breach instead of addressing the question of Duty.

To prevent these common mistakes in your FYLSX Torts Negligence essays, employ the following solutions.

Solution: Negligence Duty Consists of 2 Parts: 1) Whether a Duty is Owed and 2) the Standard of Care

First, your statement of the law, and subsequent analysis, for Negligence Duty should explain and address whether a Duty is owed by the Defendant to Plaintiff (use the competing Cardozo and Andrews viewpoints). Far too often, individuals overlook this key aspect of Duty. Instead, individuals consistently exhibit a tendency to skip directly to discussing the appropriate standard of care.

Second, your statement of the law, and subsequent analysis, for Negligence Duty should also explain and address the appropriate standard of care after you examine whether a Duty was owed in the first place. Your standard of care discussion should always address the ordinary standard of care ("reasonably prudent person under like or similar circumstances") and any special duty, if applicable. If a special Duty applies (e.g., Invitee), you should still examine the ordinary standard of care in addition to the applicable special Duty.

Solution: Avoid the Tendency to Evaluate Whether a Duty is Violated (i.e., Breached) in Your Duty Analysis

Remember, strictly limit your Duty analysis to whether 1) a duty is owed and 2) the appropriate standard of care. Reserve any discussion for whether the Duty was, in fact, violated for the subsequent issue of Breach, as noted in the model approach above.

Model Approach for Negligence Duty

Keeping these common problems and their solutions for Negligence Duty in mind, let's review a Model approach for the sub-issue of Duty in the context of an ordinary case of Negligence on a FYLSX Torts essay:

Model Approach for Duty Element Withing Prima Facie Case of Ordinary Negligence

Please keep in mind, the above discussion is limited to two of the most common Negligence Duty problems individuals face on FYLSX essays. Of course, any effective discussion of Negligence should consider and address all the elements of a prima face case of Negligence plus any possible defenses. We address all of your individual Negligence problems, and provide steps and suggestions to correct them in our 1-on-1 FYLSX essay preparation programs.

Newsletter-Only FYLSX Discounts



Subscribe to this newsletter to receive discounts and specials on our FYLSE products and services directly in your inbox.


Questions? Comments?


If you have any questions or comments about this newsletter or any of our FYLSX programs, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team




Syndicate content

Subscribe to This Newsletter:

If you are interested in receiving future issues of our free FYLSX Newsletter, please Subscribe here.