11 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: The Spacing Effect
B. Essays In-Depth: Attempt Crimes
C. Program Highlight: FYLSX Essay Solution Workshop
D. Newsletter-Only Discounts
E. Next Issue Preview
A. Exam Study Strategy: The Spacing Effect
The "spacing effect" is a cognitive science concept that helps explain how humans learn and remember information (e.g., the law tested on the FYLSX). A simplified explanation of the spacing effect is that humans more easily remember or learn information when they study the information a few times over a long period of time rather than studied repeatedly in a short period of time. See http://en.wikipedia.org/wiki/Spacing_effect.
In terms of preparing for the FYLSX, you can take advantage of the spacing effect by integrating spaced review and practice in your exam preparation. For example, if you review a subject, say Torts, in week 1 of a planned 6 week review schedule, then you should integrate regular, scheduled reviews of Torts in the remaining 5 weeks of your study. This will enable you to regularly review the subject throughout the duration of your exam preparation instead of waiting to review the subject again immediately before the exam. Likewise, you can apply the spacing effect to both practice essays and practice multiple choice. At a minimum, weekly practice essays will better enable you to learn and remember proper essay technique and presentation.
By taking advantage of both the spacing effect and testing effect (discussed last week), you can make your FYLSX preparation more effective and efficient. Our FYLSX sample study schedules integrate these principles with suggestions for weekly reviews and regular practice essays and multiple choice questions.
B. Essays In-Depth: Attempt Crimes
Our Essays In-Depth feature is a weekly 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 address the issue of Attempt crimes in a Criminal Law question.
1. Understanding the Nature and Scope of Attempt Crimes
A fundamental problem individuals often encounter when dealing with Attempt crimes is a failure to understand the relationship between the Attempt standard and the underlying crime when organizing an Attempt crime. Often, individuals will only provide the Attempt standard and ignore the underlying crime altogether. This is simply incorrect. Any discussion of an Attempted crime must include both the Attempt standard and the elements of the underlying crime. Ideally, your Statement of the Law* for an Attempt crime will include the Attempt standard + the elements of the underlying crime.
2. Recognizing Attempt Crime Issues
Another common mistake with Attempt crimes on FYLSX essays is a failure to identify the issue in the first place. Individuals often miss Attempt issues because they are focusing only upon completed crimes. For most individuals, completed crimes are simply easier to identify as potential crimes to include in an FYLSX essay answer. For example, if someone dies in a fact pattern, then it becomes nearly impossible to ignore a potential Murder or Homicide discussion. However, if the death does not occur and the fact pattern only mentions plans to kill someone, then many individuals will simply overlook the potential Attempted Murder issue. This problem is especially prevalent when the fact pattern presents the plans/intent to commit one crime early in the question (i.e., the potential Attempt crime) and then proceeds to discuss multiple, other completed crimes in the rest of the fact pattern. Individuals will tend to focus on the completed crimes while ignoring the potential Attempt crimes.
Instead of overlooking Attempt crimes in your Criminal law essays, be aware and read the facts with both Attempt and completed crimes in mind. Be especially mindful of facts that describe plans or intent to commit a crime despite the fact that the planned or intended crime is never committed. Such facts will almost always necessitate a discussion of an Attempted crime issue.
3. Putting It All Together
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*] Identify issue as: Attempted [underlying crime]. Do not identify the issue as "Attempt"-only without reference to the underlying crime. Be mindful of facts that present intent or plans to commit a crime, but the crime is not actually completed.
[Statement of the Law*] Provide both the Attempt standard and the elements of the underlying crime. The presentation and discussion of the Attempt standard should precede the discussion of the elements of the underlying crime.
[Analysis*] The analysis should address whether the attempt standard ("substantial step") was met in relation to the elements of the underlying crime.
[Conclusion*] Provide a specific conclusion explaining whether an Attempt charge is warranted based upon the preceding analysis.
*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 Essay Solution Workshop
This week we highlight our FYLSX Essay Solution Workshop. Our Essay Solution workshop is designed to instruct and illustrate a proven, effective method and approach to writing FYLSX essays that receive passing scores.
After successfully assisting many individuals pass the FYLSX via 1-on-1, private tutoring, we know the common mistakes, pitfalls, and errors individuals encounter when preparing for FYLSX essays. Just as importantly, we also know the essential elements, techniques, and organization that are necessary to create essays that receive a passing score on the FYLSX. We've gathered our collective knowledge and experience in our FYLSX Essay Solution workshop, to provide a step-by-step, illustrated essay workshop.
We know that the principles and illustrated examples in our workshop are so effective that we include the workshop in all of our 1-on-1 FYLSX essay preparation programs. Learn more about how our FYLSX Essay Solution on-demand workshop can help you create essays that receive passing scores on the FYLSX.
D. Newsletter-Only Discounts
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E. Next Issue Preview
In our next issue, our Essays In-Depth feature will address the importance of Organization in any FYLSX 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
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