6 Weeks Until the California Baby Bar Exam

Hello,

Welcome to the latest issue of our weekly FYLSX Newsletter. In this issue, we consider:

A. Exam Study Strategy: Checklists (Part 1 of 3)
B. Essays In-Depth: Contributory Negligence and Comparative Negligence
C. Program Highlight: FYLSX Trial Essay
D. Newsletter-Only Discounts
E. Next Issue Preview

A. Exam Study Strategy: Checklists (Part 1 of 3)

Over the next three issues, we will discuss Checklists and their usage in improving your California baby bar exam essays. This Part discusses the nature and importance of a checklist. In part 2, we will provide a sample checklist. Then, in part 3, we will demonstrate checklists in action with a mini-question.

1. What Exactly is a Checklist?

In simplest terms, a Checklist is a highly synthesized subject outline in a list or other format (e.g., a "Torts Checklist"). Generally, each entry in a checklist will be a cognizable "issue" for the subject being tested. Continuing with the Torts example, a Torts Checklist might include, among other items, each testable intentional tort.

Checklists can be created in a wide variety of formats. A simple list is one possible format for a checklist. Other formats include acronyms or other mnemonic devices. Regardless of the format, the substantive content of the checklist will not vary: cognizable legal issues.

2. How Can a Checklist Help Me?

The function of a checklist is to serve as an aid in recognizing and/or recalling possible issues for the particular subject being tested. For many individuals, the task of issue recognition on essay questions is problematic. Checklists are designed to alleviate issue recognition problems by providing a definitive list of possible issues, which can be relied upon and "checked" when such individuals are unable to recognize legal issues being tested from reading the fact pattern alone. Additionally, a subject checklist can serve as a mental security blanket for an individual during the exam itself. When time or exam pressures mount, a checklist can be an invaluable tool for an individual to rely upon.

B. Essays In-Depth: Contributory Negligence and Comparative Negligence

Our Essays In-Depth feature is an abbreviated excerpt from our Essay Solution: Workshop or one of our subject-specific Torts, Criminal Law, or Contracts FYLSX workshops. This feature is designed to identify common mistakes individuals make on their FYLSX essays and provide solutions to correct such mistakes. If implemented, these solutions will result in higher scores on your essays. This week we evaluate common problems individuals encounter when discussing the issue of Voluntary Manslaughter on a Criminal Law essay.

1. Common Problems with Contributory and Comparative Negligence

Contributory Fault is a commonly tested defense to Negligence on FYLSX essays (Note: this discussion is limited to Contributory Fault as a Negligence defense). Contributory Fault consists of two separate, but related, concepts: a) Contributory Negligence and b) Comparative Negligence. In the course of assisting individuals prepare for FYLSX essays, we've identified several common mistakes that occur when individuals attempt to address Contributory Fault issues. First, individuals often fail to distinguish and delineate the two forms of Contributory Fault in their essay answers. Instead of clearly delineating and presenting each concept, Contributory Negligence and Comparative Negligence, as separate, independent issues, individuals often combine these separate concepts into one issue. Second, besides combining two separate, independent concepts into one, individuals will often only address either Contributory Negligence or Comparative Negligence and simply omit the other form of Contributory Fault. Lastly, another common mistake is complete omission of Contributory Fault as a defense to Negligence. It is important to note that individuals rarely have problems with the Statement of the Law* for Contributory Fault defenses to Negligence.

2. Solving Common Contributory and Comparative Negligence Problems

To remedy these common problems, individuals should recognize that Contributory Negligence and Comparative Negligence are separate, independent defenses to a claim of Negligence (in reality, only one form of contributory fault will apply in a particular jurisdiction; however, for purposes of the exam, the discussion of both forms of contributory fault is warranted).  Although both concepts fall under the umbrella of Contributory Fault, the operative effects of each concept are very different (complete bar to recovery of damages versus diminution of recovery of damages). Accordingly, on Torts essays questions, each concept should be presented as independent, separate issues.

To prevent the unnecessary omission of either Contributory Negligence or Comparative Negligence in a Torts essay, individuals should always organize and include both defenses to Negligence unless the call of the question directs otherwise. Since the applicability of both Contributory Fault defenses rely upon the same facts (Plaintiff's own negligent conduct), the discussion of one defense necessitates the discussion of the other defense too.

To prevent the entire omission of Contributory Fault defenses for Negligence claims, individuals should always consider the applicability of Contributory Fault defenses anytime a claim of Negligence arises on a Torts essay. Along with Assumption of the Risk, Contributory Negligence and Comparative Negligence are the most frequently tested defenses to Negligence on FYLSX essays. In almost all cases of Negligence, the discussion of both forms of Contributory Fault will be warranted.

3. Putting It All Together: Key Reminders for Contributory and Comparative Negligence

Here is a summary of key reminders to avoid common Contributory and Comparative Negligence mistakes on FYLSX Torts essays:

• Contributory Negligence and Comparative Negligence are separate, independent defenses to Negligence
• Never raise just one form of Contributory Fault; always include both forms
• Contributory Fault is almost always a defense to Negligence (unless the question directs otherwise)

*Please note, the above-asterisked concepts are fully defined, explained, and illustrated in our FYLSX Essay Solution on-demand workshop, which is available as a stand-alone program or included as part of all of our 1-on-1 FYLSX essay preparation programs.

C. Program Highlight: FYLSX 1-on-1 Trial Essay

As a reminder, we offer our FYLSX Trial Essay for individuals considering one of our full programs like our Paced or Fundamentals programs. The FYLSX Trial Essay is a 1-essay program designed to introduce you to our 1-on-1 FYLSX essay preparation programs. You can learn more and signup today for our FYLSX Trial Essay program.

D. Newsletter-Only Discounts

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E. Next Issue Preview

In our next issue, we'll continue our discussion of Checklists, including a sample checklist. Also, our Essays In-Depth feature will address common mistakes individuals make when addressing Consequential Damages in a Contracts essay. If you have any questions about this newsletter or any of our programs, then please feel free to Contact Us.

Study Smart,

-the BarReviewSolutions.com Team