5 Weeks Until the California Baby Bar Exam

Wednesday, September 22, 2010

Hello,

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

A. Exam Study Strategy: Checklists (Part 2 of 3)
B. Essays In-Depth: Consequential Damages
C. Newsletter Discounts
D. Next Issue Preview

A. Exam Study Strategy: Checklists (Part 2 of 3)

This week we continue our discussion of issue Checklists, and their usage in improving your California baby bar exam essays. Last week we discussed the nature and importance of issue checklists in your exam preparation. This week we provide a sample checklist. Next week, in part 3, we will demonstrate this sample checklist in action with a mini-question.

A Sample Checklist

As explained last week, each entry in a Checklist will be a cognizable "issue" for the subject being tested. To help organize the large body of material an individual needs to know for any one subject, it is often helpful to break up a subject into several checklists. For example, the subject of Torts can be divided into several, discrete areas, including: Intentional Torts, Negligence, Strict Liability, Products Liability, and Other Torts. In fact, this list of discrete areas itself is an overall checklist for the subject as a whole. However, each area can contain a checklist unto itself. For example, consider Intentional Torts. A sample checklist for Intentional Torts could include:

  • Assault
  • Battery
  • False Imprisonment
  • Infliction of Emotional Distress
  • Trespass to Land
  • Trespass to Chattels
  • Conversion

Notice how each entry in the above checklist is a cognizable legal claim or defense one person may raise against another. In most cases, an essay question will be asking you to identify and discuss possible legal claims or defenses (i.e., "issues") that one party may bring or possess against another. In the case of a Torts question, this Intentional Torts checklist can provide you with a quick, easy way to recall all the possible intentional torts a party may claim against another party. Please note, for simplicity of illustration, defenses to Intentional Torts are omitted from the above checklist. Additionally, if you combine this Intentional Torts checklist with checklists for the other Torts subject areas (Negligence, Strict Liability, Products Liability, and Other Torts), then you will have a powerful, simple tool to assist you in identifying and recognizing possible "issues" on Torts essays.

B. Essays In-Depth: Consequential Damages

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 identify and remedy common problems individuals encounter when discussing Consequential Damages on a Contracts essay.

Common Problems with Consequential Damages

In our experience, most individuals preparing for FYLSX Contracts essays will make one or more of three common mistakes when discussing Consequential Damages (note, consequential damages is often referred to as "lost profits damages;" both names refer to the same concept):

  1. Some individuals often fail to treat each form of Contracts damages as separate, independent concepts and issues. Instead, these individuals will consolidate all discussion of damages into a generic "Damages" issue without separating the discussion of damages by type of damages.
  2. Individuals frequently fail to identify and explain all of the discrete elements that constitute a claim for Consequential damages.
  3. Individuals often fail to apply all of the elements of Consequential Damages in the Analysis* of the issue.

Solving These Common Consequential Damages Problems

Considering these common problems individuals frequently encounter when discussing Consequential Damages on a Contracts essay, several simple steps can be taken to ensure that these problems do not occur in your essays:

  1. Organize the Issue Identification* of Contracts damages by type of damages (e.g., expectancy, incidental, or consequential) when multiple forms of damages are plausible and within the scope of the question presented.
  2. Clearly articulate and identify all of the elements of consequential damages in your Statement of the Law* for the issue of Consequential Damages. The basic elements of Consequential Damages include foreseeability (see Hadley v. Baxendale), causation ("but for" test), and economic certainty (lost profit damages cannot be too speculative).
  3. Ensure that your Analysis* fully evaluates and applies each element of Consequential damages (foreseeability, causation, economic certainty). This includes explaining, based upon the specific facts, how such damages were foreseeable, how the actions of the defendant caused the damages, and how the damages can be quantified with economic certainty without being too speculative in nature.

*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. Newsletter-Only Discounts

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D. Next Issue Preview

In our next issue, we'll complete our discussion of Checklists with a mini-question, demonstrating a checklist in action. Also, our Essays In-Depth feature will address the issue of Malice within a Murder discussion on a Criminal Law essay.

As a reminder, if you've missed a previous issue, all FYLSX newsletter issues are available on our site. 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