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Hello,

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

A. Exam Study Strategy: Practice Writing Law Statements
B. Essays In-Depth: Voluntary Manslaughter
C. Program Highlight: Our FYLSX Fundamentals Program
D. Newsletter-Only Discounts
E. Next Issue Preview

A. Exam Study Strategy: Practice Writing Law Statements for Possible Essay Issues

For an individual preparing for a bar exam like the FYLSX, a large percentage of study time will inevitably be spent reviewing and memorizing the elements of testable legal concepts (i.e., "issues") in anticipation of their possible appearance on the essay portion of the examination. Traditionally, this study often entails endless hours "memorizing" outlines, checklists, or flashcards. However, as we have discussed in previous issues of this newsletter, you can make this study more efficient and effective by actively reviewing the material instead of passively reviewing it.

One method of "active review" you should consider is the periodic practice of writing out statements of the law for legal concepts just as they would appear on the examination. Many individuals already perform this type of review mentally when reviewing flashcards. However, there is a distinct difference between mentally recalling the elements of a testable concept when reviewing a flashcard or outline and physically writing out the same concepts in a cogent, precise, and accurate manner. Ideally, you do not want to write a rule statement the first time on the examination itself. A practice, rehearsed statement of the law, especially for frequently tested issues, will almost always produce a more effective essay, in addition to making your exam preparation more effective and efficient.

B. Essays In-Depth: Voluntary Manslaughter

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 Voluntary Manslaughter Problems

In our experience, in the context of a Murder issue on a Criminal Law essay, there are several common mistakes individuals make when discussing and identifying the issue of Voluntary Manslaughter (Note, Voluntary Manslaughter is only one of several issues that should be evaluated and considered for any treatment of Murder on a FYLSX essay). One common mistake individuals make is not recognizing that mitigation of a Murder charge to Voluntary Manslaughter is a de facto defense. This recognition is especially important when the call of the question specifically asks for possible defenses to any chargeable crimes. Another common problem, and the most prevalent, for individuals addressing the issue of Voluntary Manslaughter on a FYLSX essay is the incomplete treatment of the requisite elements of the "Heat of Passion" variant of Voluntary Manslaughter. In most cases, individuals will fail to state all of the elements of the heat of passion legal standard sufficiently or to apply all of those elements in the subsequent analysis for the issue.

2. How to Solve These Common Voluntary Manslaughter Problems

To remedy these common problems, keep in mind the nature and extent of Voluntary Manslaughter within the scope of a Murder discussion. Voluntary Manslaughter is an intentional homicide without malice aforethought (contrast Murder, which is a homicide with malice aforethought). Accordingly, although an intentional homicide may have occurred within the essay's fact pattern, a defendant will always want to argue, when plausible, that the homicide occurred without malice, making the mitigation of the Murder charge to Voluntary Manslaughter a de facto defense to Murder.

In order to identify and discuss the issue of Voluntary Manslaughter appropriately on any essay, you should clearly understand the three main "variants" of Voluntary Manslaughter. Voluntary Manslaughter will generally arise in three main instances of intentional homicide: heat of passion, imperfect self-defense (e.g., use of excessive force), or the defense of coercion or necessity would otherwise apply. Of the three "types" of Voluntary Manslaughter, the heat of passion variant of Voluntary Manslaughter is the most frequently tested.

For the heat of passion variant to Voluntary Manslaughter, any discussion of the issue should explain the concept of "adequate provocation" and the elements of the legal standard used to determine whether such provocation is present to result in a Voluntary Manslaughter charge. The "Provocation" necessary includes an inflammatory act or words that "inflames the passions and causes a person to act from passion rather than reason." To determine whether such provocation is "adequate provocation" four main elements are considered: 1) whether a reasonable person would have been provoked; 2) whether the defendant was actually provoked; 3) whether a reasonable person would not have cooled off; and, 4) whether the defendant did not actually cool off.

3. Putting It All Together: A Model Approach for Preparing for Voluntary Manslaughter on Criminal Law essays

Considering these common problems and their solutions, here is a workable approach to prepare for Voluntary Manslaughter discussions on FYLSX essays:

• Issue Recognition:* Anytime an intentional homicide occurs in a fact pattern, and subject to the question presented, consider whether voluntary manslaughter may apply, including the heat of passion, imperfect self-defense, or coercion and necessity variants.
• Statement of the Law:* "Voluntary manslaughter is an intentional homicide without malice aforethought. Malice aforethought is absent if the homicide is committed in the heat of passion or as part of an imperfect defense. [when heat of passion variant is applicable:] Heat of passion exists when adequate provocation is the cause of the homicide. Adequate provocation requires that a reasonable person would have been provoked, the defendant was actually provoked, a reasonable person would not have cooled off, and the defendant did not actually cool off."
• Analysis:* For heat of passion, ensure that your analysis includes an evaluation and application of all four elements of adequate provocation: reasonable person would have been provoked, defendant actually provoked, reasonable person would not have cooled off, and defendant did not cool off. Be especially aware of fact patterns that test the reasonableness of the defendant's conduct (e.g., even if the defendant never cooled off, if a reasonable person would have cooled off, then the elements of Voluntary Manslaughter are not met).

*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: Our October 2010 FYLSX Fundamentals Program

This week we highlight our October 2010 California Baby Bar Exam (FYLSX) Essay Tutoring Solution: Fundamentals program. Our Fundamentals program is designed for the first-time taker of the California Baby Bar Exam who desires additional help with the essays prior to the exam but does not need the individual attention or additional assistance our other programs provide. The Fundamentals program includes extensive critique and evaluation of 6 FYLSX essays, unlimited access to our California Baby Bar Exam (FYLSX) Essay Solution: Workshop, a private, dedicated feedback page, and our unlimited follow-up and question and answer service. If you are taking the FYLSX for the first time and would like additional essay assistance, then we suggest you consider our October 2010 FYLSX Fundamentals program.

D. Newsletter-Only Discounts

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E. Next Issue Preview

In our next issue, our Essays In-Depth feature will address problems individuals frequently encounter with the defenses of Contributory and Comparative Negligence in a Torts 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