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Showing posts from January, 2015

Bar Tips of the Week

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Civil Procedure - Jurisdiction Review Federal question Federal law Watch out for questions that may present a 1st Amendment defense yet do not present a federal question Subject-Matter Jurisdiction v. Personal Jurisdiction SMJ diverse domiciled in different states where you intend to remain PJ minimum contacts purposeful availment Tort Review Negligence Duty Breach Causation Damages All superseding = intervening Not all intervening = superseding General Bar Tips Do  not just restate facts, use them Do not make the person grading the bar have to figure anything out Be clear Do not use parenthesis The person grading your bar exam should not have to read your answer twice You are not writing a law review article Be simple Be repetitive  Short sentences Think...Where do I get the most points? The bar exam wants to test issue spotting/application of the law The bar exam does not care if you are right or wrong; the bar...

10 Effective Strategies to Pass the Bar the First Time

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State a conclusion on the bar.  Do not answer an essay question on the bar the way that you would answer an essay question on a law school exam.  In law school, you learn to answer questions by including multiple potential outcomes: "On this hand..."  Instead, take a strong stance as though you were writing for a Judge or law firm. Scrutinize every sentence for information that must be used in your answer.  This does not mean outline dump.  Do not write down rules that do not apply. Give every issue its own heading.  Do not use vague headings. Include factual and/or legal counterarguments but do not forget to explain why your argument is still correct despite the counterargument. Use as many 'terms of art' as possible related to the subject. At the end of your IRAC, mention any weird rules, jurisdictional issues and damages. If you are unsure of an answer, do not panic.  Make up the most reasonable law that you can come up with pertaining to th...

What to do when you receive a 30-day notice to vacate: Notice and a Hearing

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Dependent upon the state that you reside, if your landlord attempts to evict you consider the following: Notice If you have a written lease (and sometimes even when you do not have a written lease) your landlord must give you written notice or he/she cannot ask you to move out There are numerous ways that a landlord can deliver the notice.   He/she may: Give you the notice in person Give the notice to any adult who lives in your home, or Leave the notice on your door Hearing If you wish to stay and you believe that your landlord had no legal reason to give you the notice then you should exercise your right to trial Your landlord will have to pay the filing fee and wait for a hearing  At the hearing, your landlord will have to prove that you violated the lease and that you were served with the proper notices Do Not Leave Notice and a hearing is where it starts There are numerous additional tenant rights that you may be able to evoke when a landlord att...

Hearsay Review

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Hearsay Three elements Assertion Out of court Fort the truth If you have all 3 then the evidence is inadmissible Statement Oral or written assertion or nonverbal conduct of a person if intended by the person as an assertion If someone says, "I heard John Doe say..." HEARSAY Truth Ask yourself: Is the statement being made for the truth, or is it being made as notice? A Few Hearsay Exceptions Present Sense Impression Statement cannot be in the past tense Timing is vital, was the statement made just moments after the occurrence? Excited Utterance Must have a startling event Statement must be made while under stress from the event Timing is not important Medical Diagnosis/Treatment Once you identify 'blame' being imposed, statement is usually not statement of medical diagnosis or treatment Business Record Hearsay Exception Bonus points: Explain why business records are inherently trustworthy (because business usual...

5 Ways How To Find A Job As A Lawyer

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1. Networking Start at your law school's career center Use all the resources that they have to offer Go back to the college that you attended prior to law school Let anyone that is willing to listen know that you recently graduated law school and you are available to work Go back to your high school Are there any opportunities there? You can use your school's website to email people that may be willing to help Use the internet! LinkedIn  Facebook Blogging Twitter 2. Self-Assess Remember, you do not want any job You want the right position that fits your personality and interest If you accept any position available, you will be searching for a new position in a few short months As you learned to ask clients, ask yourself: What do I want? What are your strengths? More importantly, what are your weaknesses? What are you interested in? 3. Go Get It If you want it, go get it! Do not wait for people to post openings Ask for an internship where you...