13 Weeks Until The California Baby Bar Exam

Hello,

Welcome to another installment of our weekly FYLSX Newsletter. Hopefully, by now, you've started thinking seriously about preparing for the October exam.

In this issue, we consider:

A. Exam Study Strategy: A Balancing Act
B. Essays In-Depth: Negligence Duty
C. Program Highlight: Our FYLSX Ultimate Solution
D. Newsletter-Only Discounts
E. Next Issue Preview

A. Exam Study Strategy: A Balancing Act
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A common dilemma individuals face when reviewing and preparing for the exam is trying to strike the correct balance between "studying the law" and improving exam-taking skills. In our experience, many individuals will prioritize the study of black-letter law over improving exam-taking skills. These same individuals will wait to practice essays until "they know the law." Unfortunately, many of these individuals will delay practicing essays or omit essay practice altogether. Consequently, although these individuals may "know the law" by the exam, they are unable to convey and apply this law in an effective, passing manner because of inadequate essay practice during exam preparation.

To combat this problem, we always suggest and advise individuals to begin their essay practice as soon as they begin their exam preparation, if not sooner. Essay practice should be a regular component of your exam preparation just like practice multiple choice questions. In fact, all of our essay writing programs actually advise individuals to answer their essays in an open-book/open-note fashion at the beginning of their review. This approach combats the problem of an individual waiting to practice essays until "they know the law." In our experience, the sooner you begin essay practice, the higher your essay scores.

Remember, don't feel like you need to wait to begin practice essays until you "know all the law" or until "the exam is closer." One of the biggest mistakes individuals make when preparing for the FYLSX is waiting too long to start practicing essays.

B. Essays In-Depth: Negligence Duty
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Our Essays In-Depth 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. In the debut of our Essays In-Depth newsletter feature, we address the element of Duty in a prima facie case of negligence.

1. Two-Parts to Duty
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As you hopefully know, Duty is the initial element in a prima facie case of Negligence (duty, breach, actual cause, proximate cause, and damages). The most common mistake we see from individuals preparing for the FYLSX essays is the failure to make the fundamental recognition that the element of Duty is actually made up of two separate but related parts, which include: 1) addressing the question of whether a Duty is owed and 2) determining the standard of care for the duty owed.

The first part of any Duty analysis should address the primary question of whether a Duty is owed at all. The legal standards to make this determination are the Cardozo and Andrews viewpoints on the matter of duty (as taken from the seminal Palsgraf case). The Cardozo standard espouses a duty is owed to foreseeable individuals in the zone of danger. Whereas, the Andrews standard espouses a duty is owed to all. After applying these standards, the determination can be made if a Duty is actually owed to the plaintiff.

The second part of any Duty analysis should then address the standard of care that the defendant owed the plaintiff, if a Duty is found to exist in preceding analysis. Absent any special duty (e.g., professional, child, etc...), the ordinary standard of care is that of a reasonably prudent person in like or similar circumstances. That is, the defendant owes a duty to the plaintiff to act as a reasonably prudent person in like or similar circumstances.

Too often, we see individuals omit one of these two parts of Duty for their treatment of the issue on a Torts essay.

2. Keep Breach and Duty Analysis Separate
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Another common Duty mistake encountered by individuals is prematurely including Breach analysis in the Duty analysis. In this case, an individual will identify the issue for discussion as Duty but then proceed to explain how the Duty was breached without first explaining whether a duty is owed or identifying the standard of care. Remember, reserve the analysis for whether the duty was upheld for the element of Breach and limit your Duty analysis to the two parts cited above: 1) whether a duty is owed and 2) the standard of care.

3. Putting It All Together
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Since we've identified these common mistakes and their solutions, here is an illustrative template that provides a practical solution you can utilize in your essays:

[Macro/Micro Organization*]

[Issue Identification*] Duty

[Statement of the Law*] Whether a duty is owed (Cardozo and Andrews viewpoints); standard of care (reasonably prudent person in like or similar circumstances, absent any special standard of care).

[Analysis*] Two-part analysis, addressing whether a duty is owed and explaining the applicable standard of care (reserve analysis of whether the Duty was upheld for the issue of Breach below)

[Conclusion*] Provide a definitive conclusion explaining whether the defendant did owe a duty to plaintiff and identifying the appropriate standard of care.

Please note, the asterisked concepts in the brackets above are fully defined, explained, and illustrated in our FYLSX Essay Solution workshop, which is included as part of all of our FYLSX essay writing programs, and available at: http://barreviewsolutions.com/catalog/fylsx/essaysolution

C. Program Highlight: Our FYLSX Ultimate Solution
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This week we highlight our "FYLSX Essay Tutoring Solution: Ultimate" program. Our Ultimate program is our most intensive, comprehensive essay writing program for the FYLSX. Our Ultimate program is designed for individuals that fall into one of the following categories: a FYLSX repeater, a first-time taker with low law school essay exam grades, or a first-time taker desiring the peace of mind of a comprehensive program.

The Ultimate program includes the following core components:

*Our comprehensive critique and evaluation of 24 essays (8 Contracts, 8 Criminal Law, 8 Torts)
*Unlimited access to our on-demand FYLSX essay solution workshop
*1 hour 1-on-1 private tutoring, with the option to purchase additional time
*Unlimited question and answer service regarding any tested legal concept
*Private, secure Feedback page with instant email notifications

The Ultimate program can be completed in a minimum of 7-24 weeks depending upon the scheduling option chosen. Currently, we offer Traditional (1 week), Accelerated (3 days), and Expedited (2 days) scheduling. Each scheduling option sets the frequency with which essays are submitted under the program. Accordingly, our Ultimate Solution with Accelerated Scheduling can be easily completed in 12 weeks.

Please note, although designed to fully prepare an individual for the FYLSX essays, this program can also be utilized in conjunction with your first-year classes. Individuals have utilized this program to improve their first year grades while simultaneously receiving the benefit of preparing for the FYLSX essays.

D. Newsletter-Only Discount
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E. Next Issue Preview
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In our next issue, our Essays In-Depth feature will address the issue of UCC vs. Common Law in a Contracts question. If you have any questions, please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team