9 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: Creating a Reference System for Periodic Review
B. Essays In-Depth: Reducing Strict Liability Confusion
C. Newsletter-Only Discounts
D. Next Issue Preview


A. Exam Study Strategy: Creating a Reference System for Periodic Review

A problem frequently encountered by individuals preparing for any bar exam is simply managing all of the testable material in an efficient, productive manner. Although a greater problem on the general bar exam, with 13 testable subjects, individuals taking the California Baby Bar exam often encounter similar difficulties.

To improve the management of the testable materials (i.e., "the black-letter law"), we always suggest that an individual employ a "reference system" for subsequent, periodic review of the material as the exam approaches. You might already be familiar with such reference systems, including outlines and flashcards. The value of any reference system, regardless of its format, is that the testable materials are reduced to a convenient, easy-to-review, and lightweight exam preparation tool.

We have found that there are two keys to maximize the effectiveness of any such reference system. First, your reference system should be personally created by you alone. Although reviewing prior outlines or flashcards is useful in providing a general idea as to what your reference system should contain, your recall and understanding of the testable material will be vastly improved if you personally create your reference system. This improved understanding is attributable to the fact that in order to create an entry in your reference system for a particular concept, you need to synthesize and review the concept, put the concept into writing, and then review what you have written. Second, you need to actually utilize a reference system. Far too often, individuals will create or possess a reference system for the testable material but simply utilize the reference system incorrectly. Remember, the very purpose of a reference system is to provide you a convenient, easy-to-use tool for review, and ultimately memorization, of the testable material. You should include periodic reviews of your reference system for each subject throughout your exam preparation. Avoid the common mistake of creating an outline for a subject two months before the exam and then waiting until the week before the exam to review the outline again. Beyond increasing the frequency of periodic review, you should also actively engage your reference system when reviewing it. Instead of passively reading an outline over and over again, constantly test your ability to recall concepts and elements of the testable issue.

B. Essays In-Depth: Reducing Strict Liability Confusion

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 discuss the confusion that often arises for individuals when encountering Strict Liability issues in a Torts question.

1. Strict Liability Confusion

A common mistake we see from individuals preparing for the FYLSX is improper Issue Identification,* confusing one form of strict liability for another. A major reason for this confusion is that individuals fail to recognize, or know, that the concept of "strict liability" actually applies to several independent, different claims.

2. Recognizing the Different "Types" of Strict Liability Claims

Fundamentally, individuals preparing for the California baby bar exam should recognize that a "strict liability issue" can actually mean one of three different types of claims, including:

  • Strict Products Liability
  • Strict Liability for Abnormally Dangerous Activities
  • Strict Liability for Wild Animals

Too often, individuals will recognize the issue as "strict liability" generally, and their issue discussion often winds up being an incorrect hybridization of two or more of these three different claims. Instead, any discussion of strict liability on a Torts essay should address one of these three forms of strict liability individually (note, the facts may dictate that more than one of these forms of strict liability should be raised as separate, independent issues in an essay answer).

*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, our Essays In-Depth feature will address problems individuals frequently encounter when dealing with the issue of UCC Firm Offer. 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