Suited Gladiators

Criminal Procedure ·       Most civil procedure questions on the bar exam will involve the 4 th Amendment ·       Does the 4 th Amendment apply? o    If no, analysis done. o    No expectation of privacy §   If you are only a paragraph in, “But if the court determines that there was a contract…” ·       If Yes: o    Need warrant or exception o    Warrant will take you one way and exception will take you another o    Remember, probable cause does not mean you do not need a warrant §   Remember that exceptions can build ·       Something you see in the vehicle gives rise to vehicle exception ·       Step-by-step o    Build in order ·       Do not start with the piece of evidence Kaplan ·       Int...

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...