Suited Gladiators

The Art of the Counterargument With a majority of issues on the bar exam, there will be at least one element that requires a counterargument.  Remember to place your counterargument directly before your conclusion. ONE Back to the basics.  Remember what a counterargument is: When you counter-argue, you present a possible argument against your argument or some aspect of your reasoning. TWO You do not need to make one up, instead use the facts.  If the facts are not there, do not force it.  Be reasonable: Would everyone in the courtroom laugh if I made this argument? THREE Make it real.  Confront the difficulty, do not sweep it under the rug!  You will be a lawyer soon, if you have a client that has a claim, you would certainly inform him/her of any potential counterarguments the opposing party could make. FOUR Bring it back.  You have to finish strong, with your argument, not the counter.  Return to your argument by ann...

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...

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...