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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...
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):
- 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)
- 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)
- 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
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-The BarReviewSolutions.com Team