SIU Law Bar Pass Blawg

January 24, 2012

SIU BAR PREP WORKSHOP 3 - MULTISTATE PERFORMANCE TEST (MPT)

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Posted by tfurby at 10:16 AM

January 23, 2012

ESSAY OF THE WEEK - JANUARY 22ND

ESSAY OF THE WEEK – CONTRACTS – JULY 2007

DUE: BY THURSDAY JANUARY 26TH

TYPED ESSAYS – EMAIL: tjohnson@siu.edu / written essays can be scanned and emailed or faxed at 618-453-3317

BARBRI – PAGE 10 (under CONTRACTS in Multistate Essay Exam Workbook)

KAPLAN - PAGE 214 (in the Illinois Essays Book)

THEMIS – Please locate the July 2007 CONTRACTS essay in your materials. If it is not available, you may choose any CONTRACTS essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.

I am providing the text of the essay this time to make sure we are all on the same page, but please verify in your books. Let me know if my page numbers are off as I anticipate just providing page numbers for essays in your respective course materials in the future.

JULY 2007 CONTRACTS ESSAY
Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”

Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”

On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”

Does Café have an enforceable contract with Baker? Explain

Posted by Twinette at 02:29 PM

January 20, 2012

MPT - WEEK OF JANUARY 23RD

MPT OF THE WEEK – IN RE MISTOVER ACRES – JULY 2007

DUE: BY THURSDAY JANUARY 26TH

TYPED ANSWERS – EMAIL: tjohnson@siu.edu / written answers can be scanned and emailed or faxed at 618-453-3317

BARBRI – 4th to last MPT (in Multistate Performance Test Workbook)

KAPLAN – page 477 (in Multistate Performance Test Outline and Class Materials Workbook)

THEMIS - Please locate the July 2007 In Re Mistover Acres MPT in your materials. If it is not available, you may choose any MPT problem in your materials (please indicate what year the MPT was given or supply the question and answer for review).

If you're thinking you can't do an MPT at this point because you don't know what that is, you do know what it is. Many of you did one in your first year property course. If that still does not register, check out the MPT workshop we held this week and the accompanying power point (should go up next week).

If you would like to listen to something now, here's a link to Professor R.J. Robertson's talk on the MPT (plug in earphones so you can hear it clearly). Scroll down the page to find the proepr link. http://blogs.law.siu.edu/success/archives/workshops/index.html

With this part of the bar exam, developing a strategy and practicing that strategy often is the key. Start working on MPTs now and submitting them to us for review so that you'll be confident about taking the MPT on your state's bar exam!

Posted by Twinette at 06:09 PM

January 17, 2012

EESAY OF THE WEEK - JANUARY 15TH

ESSAY OF THE WEEK – CREAL PROPERTY – FEBRUARY 2010

DUE: BY THURSDAY JANUARY 19TH

TYPED ESSAYS – EMAIL: tjohnson@siu.edu / written essays can be scanned and emailed or faxed at 618-453-3317

BARBRI – PAGE 14 (under REAL PROPERTY in Multistate Essay Exam Workbook)

KAPLAN AND THEMIS – Please locate the Feb 2010 Real Property essay in your materials. If it is not available, you may choose any real property essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.

FEB 2010 REAL PROPERTY ESSAY

In 1960, Owen, the owner of vacant land, granted a power-line easement over the land to an electric company by a properly executed written instrument. This easement was never recorded. Consistent with the easement, the electric company erected power lines over the land. The power lines and supporting poles remain on the land.

In 1961, Owen granted an underground gas-line easement on the land to a gas company by a properly executed written instrument. This easement was never recorded. Consistent with the easement, the gas company dug trenches, laid pipes, and restored the surface of the land to its pre-installation condition.

In 1970, Owen conveyed the land to Abe by a full covenant and warranty deed that made no mention of the easements. The Owen-to-Abe deed was promptly and properly recorded. Abe paid full value for the land and had no actual knowledge of the two easements Owen had previously granted.

In 1995, Abe conveyed the land to Bob by a full covenant and warranty deed that made no mention of the easements. The Abe-to-Bob deed was promptly and properly recorded. Bob, who paid full value for the land, knew of the underground gas line because he had helped dig the trenches on the land. Bob had not visited the portion of the land crossed by the power lines and had no actual knowledge of the power-line easement.

In 2009, Bob decided to build a house on the land and hired an engineer to evaluate the proposed building site. Following an inspection of the proposed site, the engineer told Bob that each easement precluded building on the site.

Relevant state statutes provided:

(1) A conveyance of real property is not valid against any subsequent
purchaser who, without notice, purchases said real property in good faith
and for valuable consideration.

(2) Easements by prescription are abolished.

1. Did Bob take the land subject to the power-line easement? Explain.

2. Did Bob take the land subject to the gas-line easement? Explain.

3. Assuming that Bob took the land subject to either easement, may Bob obtain damages from Owen based on a breach of the covenant against encumbrances? Explain.

Posted by Twinette at 11:30 AM

January 11, 2012

WINTER BAR PREP WORKSHOP #2 – ESSAY WRITING AND MEMORIZATION
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MICHAEL HUNTER SCHWARTZ - EXPERT LEARNING FOR LAW STUDENTS MEMORIZATION TECHNIQUES LIST (discussed by Professor Marlow during the workshop)
1.Rehearsal
2.Flashcards
3.Flowcharts
4.Chunking
5.Imagery
6.Mnemonics
7.Place method
8.Story system
9.Pop quizzes

Posted by tfurby at 12:11 PM

January 06, 2012

WINTER BAR PREP WORKSHOP #1 – SCHEDULING & MULTIPLE CHOICE

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PowerPoint Presentation

If you don't have Powerpoint, Click here to download a free viewer

Posted by tfurby at 03:40 PM

January 05, 2012

ESSAY OF THE WEEK - JANUARY 8TH

ESSAY OF THE WEEK – COMMERCIAL PAPER – FEBRUARY 2009

DUE: BY THURSDAY JANUARY 12TH

TYPED ESSAYS – EMAIL: tjohnson@siu.edu / written essays can be scanned and emailed or faxed at 618-453-3317

BARBRI – PAGE 38 (under Commercial Paper in Multistate Essay Exam Workbook)
KAPLAN – PAGE 135 (in Illinois Essay Book under "Mixed MEE Practice")
THEMIS – Please locate the Feb 2009 Commercial Paper essay in your materials. If it is not available, you may choose any commercial paper essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.

FEB 2009 COMMERCIAL PAPER ESSAY

Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.

The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each.

Posted by Twinette at 05:02 PM

December 22, 2011

WELCOME TO SIU WNTER BAR PREP!

To help you prepare for the upcoming February 2012 bar exam, SIU will offer several supplementary services. As I mentioned during our informal sessions and in subsequent correspondence, Professor Marlow, myself and two alums will work diligently this winter to help you succeed on the bar exam.

THERE'S NO TIME LIKE THE PRESENT!
Already, you should be engaged in bar study as your commercial bar prep provider has probably provided a schedule suggesting how you should begin. Please make sure you are completing the tasks as they have been assigned. You want to get started on time and stay on task so as not to fall behind.

FIRST WORKSHOP - January 3rd - 2;00 pm - room 103
The workshop will focus on Scheduling and Multiple Choice Strategies. The goal here is to supplement what you will receive in your commercial bar prep course by offering advice and strategies regarding scheduling and multiple choice test taking and studying.

If you cannot make it, a recording of this workshop will be available on this blawg site.

Please try to avail yourselves of these services. We have found over the years that students who participate in supplemental programs such as these greatly increase their chances of success on the bar exam.
WEEKLY ESSAY
The first weekly essay has already been posted - see the blawg post below. It is scheduled for the week of January 2 and due by Thursday January 5. We'll begin the weekly MPTs starting the week of January 17th, but don't let that stop you from working them!

IF YOU'RE THINKING IT'S TOO EARLY TO START WRITING ESSAYS (OR EVEN DOING MULTIPLE CHOICE PROBLEMS), READ BELOW
You may be thinking you are not ready to write an essay. But, you have to adjust your thinking on this when it comes to bar study. You should work problems EVERY SINGLE DAY. Let me say it another way. DO NOT LET A DAY GO BY WITHOUT YOU WORKING PROBLEMS. Working the problems often is not only about testing your knowledge, but testing your process. If you work problems consistently throughout bar study, you will know whether you have outlined the materials appropriately, whether you can write a good essay in the allotted time (30 minutes for Illinois and Missouri), whether you need to change your approach to how you are studying, whether you can detect the nuances in multiple choice questions, etc.

You do not want to discover these problems in the last few weeks of study. You want to note your problems early, fix them and then work more problems to make sure you are on track in terms of your ability to effectively answer bar exam questions. I'll discuss more on how you incorporate this constant practice into your study schedule during the January 3rd workshop.

I hope you let us help you in the process by submitting a weekly essay (and MPT when we start) to us. You'll be doing essays daily anyway so why not submit one to us once a week for useful feedback.

That's all for now. Don't forget to look below for the first essay of the week!

Posted by Twinette at 04:57 PM

ESSAY OF THE WEEK - WEEK OF JANUARY 2ND

ESSAY OF THE WEEK – EVIDENCE – FEB 2008

DUE: BY THURSDAY JANUARY 5TH

TYPED ESSAYS – EMAIL: tjohnson@siu.edu / written essays can be scanned and emailed or faxed at 618-453-3317

BARBRI – PAGE 11 (under Evidence in Multistate Essay Exam Workbook)
KAPLAN – PAGE 188 (in Illinois Essay Book)
THEMIS – Please locate the Feb 2008 Evidence essay in your materials. If it is not available, you may choose any evidence essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.

FEB 2008 EVIDENCE ESSAY

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by the patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.
One week after his hospital admission, Victor expectantly died as a result of the stab wound. Dan was charged with Victor’s murder.
When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.
During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by the Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.
During the presentation of Dan’s case, Defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.
2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.
3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.

Posted by Twinette at 04:21 PM

December 07, 2011

Speaker on the Illinois Bar

Speaker on the Illinois Bar Video Link

Posted by tfurby at 02:07 PM

October 13, 2011

Informal Session on the Bar Exam

Video

Posted by tfurby at 07:17 AM

July 18, 2011

simulated bar exam essay day

You should simulate the essay day just as you did the multiple choice day. Here is what I recommend. Get an alarm clock or timer, laptop or pen and paper, your BarBri essay book and the BarBri MPT book or the comparable Kaplan books.

The night before the exam, tab the questions in the BarBri books to be used so that you are ready. The answers are in the book but if you cheat, you hurt only yourself. Even if you already did a question that I recommend, do it anyway. Get down the timing - 28-30 minutes a question. Get down the endurance. Here is the exam:

9-10:30 am -- three IL essays: I recommend IL Civ Pro question # 50 - (Smith Soda- Kaplan #3), evidence # 7 (Ramirez), equity # 24 (Adrian and Bertha) -- if you have done any of these, choose others.
10:30-12 -- one MPT. Try In Re Mistover Acres LLC. If you have done this one, choose Graham Realty or Vargas also in the MPT book - or any recent one. Or do one from the packet if you got it from me.
12-1 -- lunch
1-4 pm -- (the actual exam is 2-5 but I see no sense in waiting until 2; but if you wish to do so, do so.)
Six MEE: Family # 1; Fed Jur # 1; Agency and Partnership # 1; Wills # 2; Corporations # 3; Secured Transactions # 6.
(The MEE questions are those actually given in 1995 and tho I generally recommend not doing questions this old, this will give you a feel for what a real exam was like. Two of the three IL questions I assigned above were given in 2008.)
Remember - you could have any of the six M-C questions in the afternoon but I am using only the traditional areas for this exam.

BE SURE TO READ THE EXAM INSTRUCTIONS AT LEAST ONCE.

Kaplan students -- simply choose three IL essays and one essay from these topics: Constitutional law, wills, corporations, federal jurisdiction, family and agency. Choose the MPT as above.

You have model answers to check. Remember - you do not have to write everything barBri has written in order to pass. Prof. Marlow and I will grade 2 questions per student if you send to us Tuesday evening or Wednesday morning at the latest. We will e-mail our comments.

Posted by sschmitz at 03:09 PM

July 08, 2011

what to do when the course ends

I have schedules specific to Kaplan, BarBri, and Themis and if you send me your e-mail address (sschmitz@siu.edu), I will forward the plan to you. it is too much to post here but in brief, here are the ideas.

Count the days you have to study, excluding travel, and the number of topics to be studied. Divide each day into two or three and assign 2 or 3 subject to each day. Devote 3-4 hours, or better, 4-5 hours, to each subject. When you do, follow this plan:

for MBE subjects, review the subject matter outline to identify what can be tested (see prior posting) and review your scores for where you are weak.
now review your notes or flashcards or whatever you have and memorize the key points, focusing the topics that are given the most weight on the exam. See memorizing tip below.
Now do another 17 questions and move on.
Try to do 17 questions every day until the exam.

For MEE and IEE topics, review the subject matter outline on www.ncbex.org - MEE - and note the topics to be tested. Read the last 5-6 essays given on that subject - just spotting issues. Now knowing which issues recur most often, select those most critical and review notes, flashcards, etc., and memorize. Also read the model answers and underline or highlight the rules for those major issues that most often recur. Memorize those.
Now write out 1-2 essays; outline 2-3; read questions and answers for ten or more recently given questions. Move on to the next topic.

for MPT, try to write 5 by the time of the exam to develop timing, strategy and confidence. If nothing else, and even if you have written five, read the assignment page, and just the assignment page, from the last 5-6, ten is better, MPTs, and note what you are to prepare, how you are to prepare - objective or persuasive, format - is there a model given, and note how clearly the issues are defined for you and how often you are told what not to do. Follow that instruction.

Memorizing tip: memorizing the rules in the answers to the most recently given questions is a great idea. Another is to create a story line, using a friend, an enemy, someone you will remember. for example, if A wanted to start a business and hire some employees, X would be the Principal and the employees would be the agents. How is an agency relationship formed? What authority does each have? what rights? what liabilities? what duties does each have to the other? what duties, liabilities, etc., does either A or P have to third parties? How could X end the agency relationship?
You can do the same for wills, trusts, partnerships, corporations, family, and probably UCC subjects.
Good luck.

Posted by Suzanne at 02:37 PM

concerned about your MBE score?

If you are concerned about your MBE score to date, I can help in two ways. I can help you strategize about how to answer M-C questions by learning a specific method of how to read them.
I can also help you figure out which topics and issues you need to focus on and whether it is worth focusing on them and if it is, how to learn a few things in 20 minutes - or so.
See me. Call me, e-mail me. I am in the main school building daily 9-1 and in Kaplan Hall 208 after 1.

Tip: go to www.ncbex.org and click on MBE and then click on the Information booklet. Look at the subject matter outline for each subject and note the percentage of the exam devoted to any one topic.
also while there, go to the online store and purchase one set of 100 MBE questions and do these during the last two weeks.

Suzanne Schmitz, 618 453-8712, sschmitz@siu.edu

Posted by Suzanne at 02:33 PM

July 06, 2011

upcoming programs - stress during the bar and simulated essay day

Note these upcoming programs:
Monday, July 11, 1:30, 202. Barb Elam of the Wellness Center will discuss how to manage stress during the weeks leading to the bar, during the exam, and also tips for sleeping.
Tuesday, July 19, 9-12 and 1-4: simulated essay day.
While you have had simulated MBEs, some programs do not offer simulated essay days or you may have missed it. Learn the endurance needed to complete 10 essays in one day. We will simulate IL procedure but all are welcome and can benefit.

Posted by Suzanne at 01:53 PM

essay of the week

For BarBri, do Fed Jur #25.
For Kaplan, do contracts, July 2008, question 1, in your books under Workshop I, Q011.
For Themis, Constitutional law. see below.
Send to Prof. Schmitz at sschmitz@siu.edu for feedback.
time to complete some MPTs: recommended: Mistover, A-1 Auto parts, State v. Miller or State v. white. Send to Prof. Marlow, mmarlow@siu.edu for feedback.
Themis con law problem below:
QUESTION
The Church of Peace ("the Church") is a religious organization that advocates "peace to everyone." Recently, a Church chapter ("Chapter") was organized in the town of Homestead. Chapter members decided to spread the Church's message to the people of Homestead by handing out leaflets that proclaimed in bold letters, "PEACE TO ALL!" Chapter members who participated in passing out the leaflets stood on a public sidewalk and distributed the leaflets to pedestrians. The Chapter members did not block traffic or take any actions except passing out leaflets and remarking, "Peace to all!"
Many people who took the leaflets threw them onto the sidewalk, and Homestead employees spent several hours cleaning up these discarded leaflets. Chapter was fined $3,000 under a municipal anti-leafleting ordinance that prohibits any distribution of leaflets "in or on any
public space, including roads, streets, and sidewalks." No Chapter member threw leaflets or other litter onto the ground.
Chapter members who attend High School, a public school in Homestead, recently formed the "Church of Peace Club" ("Church Club") to pray together and to do good works. High School has a policy that permits student groups to meet in High School classrooms after scheduled classes. Under this policy, student groups must first obtain
permission from Principal before using a classroom for a meeting. Pursuant to this policy, the Chess Club, the Drama Club, and the Future Lawyers Club all use classrooms for after-school meetings. Church Club officers asked Principal if they could meet in a classroom after school. Principal denied this request and stated that afterschool use of a classroom by Church Club would be "a violation of the separation of church and state."
Father, a Chapter member and the parent of a Church Club officer, learned about Principal's decision and went to High School to see Principal. Outside Principal's office was a sign reading "No admittance without an appointment." Father, who had no appointment, threw open the closed door and marched into Principal's office, interrupting a meeting between Principal and another parent, and told Principal, "Your policy is unwise and unconstitutiona!. I believe that you are discriminating against members of my faith." Principal asked Father to leave the office until the meeting with the other parent was conduded, but Father refused. Principal called the police, who forcibly removed Father from Principal's office. Father was convicted of trespassing on government property.
Does the First Amendment, as applied to state and local governments through the Fourteenth Amendment:
1. Preclude Homestead's enforcement of its anti-leafleting ordinance against Chapter? Explain.
2. Preclude Principal's denial of Church Club's request to use classroom space for its meetings? Explain.
3. Provide grounds to vacate Father's trespass conviction? Explain.

Posted by Suzanne at 01:42 PM

June 29, 2011

essay of the week of June 30

Kaplan - do the Wills question that is Question 7 in Workshop II, the one given July 2008, Q 003 and In Re Mistover MPT.
BarBri -- Contracts # 16 and In Re Mistover MPT.
themis -- Will questions - posted below. Some MPT.

QUESTION 34 - Wills
In 2004, Testator duly executed a will providing as follows:
1. I give my 100 shares of XYZ common stock to my cousin Andy.
2. I give my home at 4 Cypress Garden to my cousin Ben.
3. I give my automobile to my friend Carrie.
4. I give $10,000 to my friend Donna.
5. I give the residue of my estate to my frieud Ed.
In 2006, Testator sold her home at 4 Cypress Garden and, with the entire sales proceeds, purchased a condominium as her new home.
In 2007, Testator traded the white automobile that she owned when her will was executed for a blue automobile.
In 2008, Testator died. At the time of her death, Testator owned 200 shares of XYZ common stock, having acquired an additional 100 shares as the result of a dividend paid by XYZ to its shareholders in its own stock. Testator also owned the condominium, the blue automobile, and a $50,000 bank account.
Testator was survived by Andy, Ben, Carrie, Donna, and Ed. She was also survived by Donna's daughter. Three months after Testator died, Donna made a valid disclaimer of any rights to the $10,000 bequest to which she might otherwise be entitled. Testator's will was admitted to probate.
To whom should Testator's probate estate be distributed? Explain.

Posted by Suzanne at 11:38 AM

June 22, 2011

MPTs practice

We recommend you write out at least five MPTs by the exam. If you prepare the one assigned as part of the lecture, you need four more. We suggest State v. Miller or State v.
In Re Misover, March v. Betts, and Williams v. A-1 Auto. If you do not have access to those, go to www.ncbex.org and click on MPTs. Do any four of those posted on line. Mix up - criminal and civil, analytical and persuasive, memos, letters, and other.

Too often students think they can wing the MPT and lose the extra points that would have been gained from practice. Don't let that happen to you.

Posted by Suzanne at 03:51 PM

July 11 program on stress

Plan now to attend the talk on how to manage stress during the last two weeks of bar study and at the exam. Monday, July 11, 1:30, 202, Barb Elam from Wellness Center.

Posted by Suzanne at 03:49 PM

essay of the week, time to check in, one more program

It is the time of the summer that you should check on your progress.

You should take at least 1000 practice M-C questions by the time of the exam.
If you have been averaging 17 questions a nite for 5 nites a week, you will have completed 600 questions by the exam. Add 200 on the simulated exam in July, add 100 during the last week, and another 50 from the NCBE (see below), and you are on target.
If you are not averaging 17 a nite, it is time to work on 34 a nite.

You should write out – not outline, but write out -- at least three essays per subject. If you are following the essay a week plan, you will write one per 8 topics. During the last ten days, you will want to write out two more on these topics and three on the topics we do not assign plus outline another 4-5 per topic. If you have not been writing out essays, it is time to get them to us and get some feedback.

You would write out – not outline, but write out – at least five MPTs. If you wrote out the one assigned as part of the lecture and the four we posted, you are on target. By this point, you should have written one and aim for another one by June 30.

Don’t forget to check the NCBE website – www.ncbex.org – for the list of issues per each subject that can be examiner – click on the MBE or MEE booklets. And during the last ten days, buy the 50 online M-C questions for a change of pace.

Heads up – save the date: July 11, 1:30, we will offer a talk on how to manage stress during the last days of bar prep and at the exam. You want to be here for this talk. It will include useful tips.

Prof. Marlow is here every Tues and Wed. Prof. Schmitz is here every day. Use us!

Essay of the week:

Kaplan -- Fed Jur - Mixed MEE # 6 (Feb. 2006)
BarBri -- Crim law # 6
Themis -- Torts
QUESTION 8
Tenant lives in Landlord's apartment building. The furnace in the building was inoperable during three periods last winter, causing the loss of heat and hot water. On each of those occasions, Landlord made temporary repairs. On March 25, the furnace again broke down. Landlord was promptly notified of the problem and he ordered the parts needed to fix the furnace on March 26, but they did not
arrive until April 6, at which time Landlord fixed the furnace. Between March 25 and April 5, there was no heat or hot water in the building.
In order to bathe from March 25 through April 5, Tenant heated a large pot of water on the stove. After the water boiled, Tenant transferred the water to the bathtub, mixed in cold water, and then used the water to bathe.
On April 3, Nephew, Tenant's eight-year-old nephew, arrived for a visit. On April 4, Tenant was carrying a pot of boiling water down the hall to the bathroom when Nephew, who was chasing a ball out of a bedroom that opened into the hall, collided with Tenant. As a result
of the collision, the hot water spilled on Nephew, seriously burning him. Nephew did not look or call out before running into the hall.
A state statute provides that "every apartment building ... and every part thereof shall be kept in good repair. The owner shall be responsible for compliance .... A violation shall be punishable by a fine not exceeding $500."
Nephew, by his guardian, sued Tenant and Landlord for damages. At trial, both Tenant and Landlord argued that Nephew's negligence was the sole cause of the accident.
Based on these facts, may the jury properly award Nephew damages for his personal injury:
1. From Tenant? Explain.
2. From Landlord? Explain.

Posted by Suzanne at 03:26 PM

June 14, 2011

How to memorize and other tips

View Video Here

Posted by tfurby at 03:07 PM

essay of the week - June 13

For the weekend following June 16, we recommend you submit an MPT - State v. White for most of you or State v. Miller for Kaplan to Prof. Marlow - mmarlow@siu.edu and these essays to sschmitz@siu.edu or mmarlow@siu.edu:

BarBri -- Evidence 6
Kaplan -- Homework #4 - evidence (hearsay), Feb. 2008

And Themis Fed Jur below QUESTION 25
Defendant is a political commentator and freelance journalist who moved from. his home state of State A to State B approximately three years ago. Defendant has told hIs family and friends that he still considers State A "home" and intends to return "someday," but that
"I'm happy in State B for now." Defendant votes, pays taxes, and owns property only in State B.
Defendant publishes an online newsletter called "Nothing But the Truth" that is accessible over the Internet from his website, www.NBT.col1l. Viewers can access www.NBT.col1l and download articles, but they cannot post their messages through the site. The central computer that people access when they view the website is located in State B.
The political commentary and journalism posted on the www.NBT.coI1l website focus almost exclusively on people and events in State A-Defendant's old stomping grounds and the region where he is best known as a political reporter. Indeed, Defendant's website receives
so many hits from people in State A that most of the advertisers on the website are State A firms seeking to attract customers who live in State A.
Plaintiff is a resident and domiciliary of State A who previously worked as a high -level State A government employee. In a recent story posted on his website, Defendant reported on rumors he had heard concerning Plaintiff's alleged acceptance of kickbacks for the award of State A contracts.
Shortly after Defendant published this story on his website, plaintiff was dismissed from employment with State A. Plaintiff maintains that the allegations contained in Defendant's
article about Plaintiff are patently false. Plaintiff contacted Defendant shortly after the initial publication, asking Defendant to retract the story. Defendant refused and insisted that he was protected by the First Amendment of the United States Constitution, even if the story was false, so long as he had not acted maliciously.
Plaintiff has filed a lawsuit against Defendant in the United States District Court for the District of State A. Her complaint alleges that the story published on Defendant's website defamed Plaintiff under applicable state law. In addition, the complaint asserts that the First Amendment does not shield Defendant from the defamation claim under these circumstances.
The complaint alleges facts establishing damages for Plaintiff in the amount of $200,000. Convinced that Defendant acted maliciously, Plaintiff also seeks punitive damages in the amount of $1 million. The complaint alleges that jurisdiction is proper on both
federal question and diversity grounds.
The State A long arm statute provides that the courts of State A may exercise jurisdiction over absent defendants to the "full extent permitted by the Due Process Clause of the United States Constitution."
In lieu of an answer to the complaint, Defendant has filed a motion to dismiss for lack of subject matter and personal jurisdiction.
1. On what basis, if any, would a federal district court have subject matter jurisdiction over the lawsuit by Plaintiff against Defendant? Explain.
2. Would the United States District Court for the District of State A have personal jurisdiction over Defendant? Explain.

Posted by Suzanne at 01:53 PM

June 09, 2011

Essay writing for the bar

Posted by tfurby at 02:44 PM

June 06, 2011

essay of the week

For June 9:
BarBri - Constitution Law (1st amendment) - con law # 8
Kaplan - Criminal law (murder) - MEE Mixed practice Q008, July 2007

Themis -- Contracts 9 - see below
QUESTION 16
Baker is a renowned pastry chef. Cafe, a sole proprietorship, is a well-known restanrant in need of hiring a pastry chef. Baker and Cafe's Owner had extensive conversations regarding Baker coming to work at Cafe. On May 1, a week after those conversations occurred, Baker sent Cafe a signed letter dated May 1 stating: "I will work for Cafe as head pastry chef for two years for an annual salary of $100,000."
On the morning of May 7, Cafe's Owner telephoned Baker and said: "The $100,000 is pretty stiff. Could you possibly consider working for less?" Baker replied: "I am a renowned pastry chef. I will not work for any less!"
Later that morning, Cafe's Owner sent Baker a signed letter by regular mail stating: "You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Cafe."
Later that afternoon, Cafe's Owner had a change of heart and sent Baker a registered,express-mail signed letter stating: "Okay, if you really won't work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Cafe for two years."
On May 10, the registered, express-mail letter was delivered to Baker's office. The regular mail letter containing the rejection was still on its way. Baker accepted delivery of the registered,
express-mail letter from the postal carrier and placed it on his desk without opening it.
On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Cafe's Owner and said, "Sorry, I just took a job at Restaurant. Too bad you couldn't afford me." Cafe's Owner responded,
"You can't work for Restaurant, I already accepted your offer to work at Cafe for $100,000 a year."
Does Cafe have an enforceable contract with Baker? Explain.

Posted by Suzanne at 11:28 AM

June 03, 2011

How to prepare for the bar – graduate panel June 2nd 2011

Link to Video

Posted by tfurby at 01:28 PM

June 02, 2011

essay of the week

Congrats to the Kaplan PMBR class where over half of the participants submitted an essay during the first week. We look forward to essays from Themis and BarBri. We will place the essay with our comments in your room (206 for Kaplan and 202 for BarBri). If you need us to reply to you via e-mail, please let us know when you submit the question. Besides the essay of the week, you are welcome to give us copies of whatever you are submitting to your course. We will offer our opinion, in addition to what you are hearing from the course. When submitting via e-mail, put your name on the answer.

Remember to feel free to write these open book. By doing so, you will learn the law and retain it. Right now, we are most concerned with your structure and organization. Later, we will recommend you time yourself.

For June 2, to be submitted by June 6:
BarBri - torts essay #8.
Kaplan - contracts essay # 004 found in MEE Mixed Practice (July 2007)
Themis -- Crim law essay posted below --
QUESTION 6
Defendant and Friend were on a hunting trip together. One evening, while watching television in their hunting cabin, Defendant decided to scare Friend, who had fallen asleep in his chair. Defendant loaded his rifle and aimed it at a lamp that was on a table just behind the
chair in which Friend was sleeping. Just as Defendant pulled the trigger to shoot the lamp, Friend suddenly sat up and moved into the line of fire. Defendant's bullet hit Friend in the shoulder and seriously wounded him.
Defendant loaded Friend into his car and sped off toward the nearest hospital, which was 15 minutes away. En route, Defendant hit a pothole, lost control of his car, and collided with a telephone pole. Defendant was seriously injured and Friend suffered further injuries. The accident occurred on a lightly traveled country road, and no other vehicle passed by for 45 minutes. By the time help arrived, Friend was dead. An autopsy established that Friend bled to death
as a result of the combined impact of the gunshot wound and the injuries suffered in the car crash. The coroner concluded that the gunshot wound alone would not have been fatal had Friend received medical treatment within a half hour of the shooting.
Murder is defined as "a killing with malice aforethought." In this jurisdiction, second degree murder is "all murder that is not deliberate or premeditated." Defendant has been charged
with second degree murder on account of his shooting Friend and Friend's subsequent death.
Is Defendant guilty of second degree murder? Explain.

Posted by Suzanne at 03:03 PM

May 26, 2011

themis evidence question for week of May 26

QUESTION 6
Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient's illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: "What happened?" Victor responded: "I was stabbed with a big knife. Dan did it." Nurse immediately wrote Victor's statement in the appropriate place in the hospital
record.
One week after his hospital admission, Victor unexpectedly died as a result of the stab wound_ Dan was charged with Victor's murder.
When Victor's wife, Wife, heard of Dan's arrest, she was shocked. She told Friend, "When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn't Dan!" But Wife refused to tell Friend whom Victor had identified as his assailant.
During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor's statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of
the hospital record and the statements in it, but the court overruled the objection.
During the presentation of Dan's case, defense counsel suggested that Victor had been attacked by Stepson, Wife's child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor's statement to her about the identity of
his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay.
The court sustained both Wife's claim of privilege and the prosecutor's hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor's statement? Explain.
2. Did the trial court err in sustaining Wife's claim of privilege? Explain.
3. Did the trial court err in sustaining the prosecutor's hearsay objection to Wife's testimony? Explain.

Posted by Suzanne at 04:21 PM

when to memorize

Not now. If you memorize now, you will forget by July.
Instead, work to understand now and memorize in July. If you understand now - really understand --, the memorizing will be fairly easy.
Understand does not mean skim the materials, pay half attention to the lecture, and move on.
Understand means read the materials, watch every lecture, take notes or use the lecture handouts. After the lecture, do practice questions. If your course has quizzes, do them each day. If not, make up quizzes for yourself. Most importantly, each day do at least 17 M-C questions - 34 is better -- and look up each and every answer. And write out at least one essay and outline 2-3 more on each topic, looking up each answer.

If you cannot read the assignment in two hours, see Schmitz for tips.
If you are not devoting 8-9 hours a day, M-F, to this enterprise, you are in trouble.
If you are not doing practice questions every day, you are in trouble.
If you faithfully and attentively, read, listen, practice, you will be well-prepared for the ten days of memorizing in July.

Posted by Suzanne at 03:59 PM

essay of the week

Regardless of which course you are taking, which state you are studying for, or where you are studying, we strongly encourage you to write an essay a week. Write the essays open book - this is a great way to learn. Write them without regard to time - remember you are learning the material while you write. Write them early enough that you can determine if you are writing in the "bar exam" style and correct yourself if you are not.

Each Thursday, we will post the question, turn it on Monday and we will get back to you within a few days. Send via fax to Schmitz at 618 453-8712, or e-mail to Schmitz at sschmitz@siu.edu or hand deliver to the basket in 202 or 206 or outside Schmitz' office.
Be sure you put your name on the paper and contact info if you are away. Be sure to indicate what course and state you are.

For PMBR students, we recommend that by May 31, you turn an essay on torts -- this is Essay Q010 MEE mixed practice in your essay book.

For Themis students, by May 31, we recommend you turn in an essay on evidence - this is BarBri essay #6 on hearsay and was given in Feb. 2008. We will post it here soon if you need a copy. copies are also available outside Schmitz' office.

for BarBri students, watch for posting next week.

Posted by Suzanne at 03:44 PM

May 03, 2011

welcome

Welcome to bar preparation.

Please read the info on the bar exam. Visit www.ncbex.org for more information about each component of the exam and for links to the bar admission office of each jurisdiction. Also see the study guides for the MEE, MPT and MBE at ncbex. org - these are worth reading no matter which review course you are taking.

Browse through the tips posted here. Get a plan for the bar prep time. Get a hotel for the exam. You will find tips for writing essays, working through multiple questions, memorizing and writing the MPT. You will find tips from recent grads re studying and scheduling your time. And you will find tips on handling stress.

While studying for the bar, you may hear lots of rumors. Get them clarified by asking Prof. Schmitz -- sschmitz@siu.edu.

Remember that Prof. Schmitz is available to you while you study for the bar, no matter where you are or what course you are using.

If you would like a bar buddy, a recent grad who survived the exam process, with whom you can ask questions and share concerns, see Prof. Schmitz or email me at sschmitz@siu.edu.

Posted by sschmitz at 07:50 PM

assistance available this summer

Welcome to bar prep

Regardless of what bar course you are taking or if you are working on your own for bar prep, the SIU School of Law offers some support:

discussion with recent grads, Tues., June 2, 1:30 pm, room tba
how to use the materials
how to schedule your time
how much practice to do
what the exam conditions are like

workshop on how to write a bar exam essay, Tues., June 6, 1:30 pm, room tba
Prof. Schmitz
what are the examiners looking for
how to write a good essay in 30 minutes

workshop on how to memorize and other tips, Tues., June 13, 1:30 pm, room tba
Prof. Marlow
how do I ever memorize all this stuff
how do I stay sane during the last month

possible workshop on performance test, tba

bar buddy program - recent grads you can talk with by text, e-mail, phone
let Carol Manis or Prof. Schmitz know if you would like a bar buddy
cmanis@siu.edu or sschmitz@siu.edu

our bar blog - http://blogs.law.siu.edu/bar
Podcasts on the use of flashcards and on attacking multiple choice questions
suggestions re study tips and schedules from recent grads

handouts for family and friends re bar study - see copies in the room

Be sure to go to www.ncbex.org and read the study guide for the MBE, MPT, and MEE
including the subject outline of topics for the exam and sample questions

Posted by Suzanne at 06:06 PM

tips for bar study from 06 graduate

SARA’S TIPS FOR PASSING THE BAR 
1) ATTEND BAR-BRI - do not skip a day...do not skip an hour...do not surf the internet. Pay attention in BarBri. You will learn a lot about the topics, but also how to answer questions on the bar exam. Fill in the blanks in your Bar-Bri books and take a few notes in the margins if necessary. This is not, however, like a law school class where you have to take down every word that the teacher says. Follow along with the outlines. (There is one caveat...if the outline is basically that...an outline with nothing to fill in...take some notes on the rules they are going over. If I recall from my Bar-Bri course, Crim law was like that.)

2) Re-do outline: After each day of lecture, I went back home, ate lunch and sat down and re-typed the Bar-bri lecture outline in my own format that I had used in law school. I did not include all of the examples, but I did include at least a few examples that they had in the outline. This does 2 things:

a) Forces you to review the material after you have time to digest it; and
b) Forces you to begin the outlining process

[Schmitz' comment - do this only if it helps - the idea, as below, is do what works for you. don't feel you have to do everything.]

3) Update your outlines: These outlines you have just created are very basic. They are not all-inclusive of the rules that you may need to know on the exam. Here are some good ways to update them:

a) Do practice essays/MC questions (When you do a practice essay, they always have a sample answer. These answers contain very nice statements of the rules that you will need to know on your exam. Ex. – You do an agency and partnership essay for practice. You get done and realize that you did not have the rule of law that they reference in your outline. Figure out where that goes in your outline and put it in. Your outlines will grow and you do practice problems and review other materials such as your full/condensed outlines.

4) USE SCHMITZ – Although she is a beautiful woman, she is not there for decoration! She is there to help. Keep in mind, there will be many students seeking her advice this summer, so make an appointment, send her an email, stop by her office. She can’t read every essay that every student does, but she will take the time to help you when you need it. Believe me, I spent a few days on the phone with her and in her office crying and frustrated. She is like the “Bar Goddess.” So use her.

5) Study Habits: Everyone says, “get into a routine.” Make your own routine. Although sometimes comforting to work in a group, for me the Bar exam was a very individual routine. You are the only person that knows how you study and what you need to do to study. Studying with someone is great, but make sure you know the material before you start quizzing each other.

6) Change locations: For me, studying in the same place every day was NOT fun. Change it up a bit if you need to. Study in the library at a table then switch to a cubical. Study in the lounge, or at a coffee shop.

7) Personal Time: You have to take some time to yourself during your studying. I took time to go home for a wedding one weekend and to go to the water park on a Saturday. You cannot be studying all day every day the entire summer. Go to the gym, go for a walk, go home and see your family, go see a movie. You have to stay healthy physically and mentally. This is not a sprint, but rather a summer long marathon. If you go full speed ahead in the beginning you will be exhausted by the end. I think I spent about 8-10 hours a day studying (including going to BarBri). Don’t stay up till 3 or 4am and expect to be functional the next day. You have all summer as long as you plan accordingly. If you need help with a study schedule please email me. I can try to put something together for you.

8) Practice Problems: In the beginning, I think it is important to learn the material and to learn how to answer the essays and multiple choice questions. For me, in the beginning I was not as worried about timing myself as I was learning how to answer the questions and doing it correctly. I gradually started timing myself to make sure I was ok on time. If you need help with Multiple Choice, please see Prof. Schmitz. I am a HORRIBLE Multiple Choice test taker and she really helped me a lot. I couldn’t have passed the par without her.

9) Practice exam: I assume professor Schmitz will do a practice exam day near the end of the summer. YOU ARE REQURED BY ME TO PARTICIPATE IN THIS. I don’t care if you feel you aren’t ready, or you just need another day to study. This was the most valuable thing I did all summer. It is a full day of essays. You need to get used to writing that much and under the time constraints.

10) RELAX-----The most important thing to remember is just to relax. Be confident in your abilities. You would not have made it this far if you couldn’t do it. You have proven yourselves by getting through law school. This is for you!!!!! I believe in you and know that you can do it. You dedicated yourselves for 3 years to the study of law. Now put that into action! Always keep your head up, even if it seems hopeless. You can learn all you need to know to pass the bar! Many have done it before you, and many will do it after you.

Posted by Suzanne at 03:58 PM

sample study schedule

Below is the schedule maintained by a graduate who was engaged and wanted time with her fiancee at the same time that she wanted to study and pass the first time. This is an example of a schedule that rflects a healthy life style. This student was a solid hard-worker but not a Dean's list student. Note the difference in the routine for the first month and the second month.

Tips for studying for the bar exam

Stop drinking caffeine
Stop drinking alcohol
If you smoke, either quit or start getting yourself on a smoke schedule
Take Barbri and do the assignments
Make a schedule and stick to it
Maintain your sanity with some calming and healthy activities

My Schedule while studying for the bar

First month (June)

· Monday through Friday

o 7am: personal time

o 7:45am: leave for law school

o 8:00am -9:00am: work on flashcards

o 9:00am-12:30pm: Barbri

o 12:30-1:30: Lunch

o 1:30-2:00: Review lecture notes

o 2:00-3:30: Do practice questions (MC or Essay) and read over answers

o 3:30-4:30: Start reading for next days lecture

o 4:30-8:30: Dinner, TV and time with fiancee

o 8:30-10:00: Finish reading for next day's lecture and review flashcards

o 10:00-11:30pm: Relax and personal time

o 11:30pm: Go to bed

· On Tuesdays and Wednesdays in the afternoon I would receive tutoring from Prof. Marlow and Prof. Schmitz.

· Saturday and Sunday

o Take weekends off

o If I felt worried I would review lecture notes from the week

second month (July)

· Monday through Friday

o 7am: wake up, personal time

o 7:45am: leave for law school

o 8:00am -9:00am: write out flashcards

o 9:00am-12:30pm: Barbri

o 12:30-1:30: Lunch

o 1:30-2:00: Review lecture notes

o 2:00-3:30: Do practice questions (MC or Essay) and read over answers

o 3:30-4:30: Start reading for next days lecture

o 4:30-8:30: Dinner, TV and personal time with finacee

o 8:30-10:00: Finish reading for next day's lecture, practice problems and review flash cards

o 10:00-11:00pm: Relax and personal time
o 11:00pm: Go to bed

· On Tuesdays and Wednesdays in the afternoon I would receive tutoring from Prof. Shafer and Prof. Schmitz.

· Saturday

o 8:00am-9:00am: wake-up, breakfast

o 9:00am-2:00pm: Do practice problems

Take a 10 minute break every hour

o 2:00-3:30: Read for Monday's lecture or read flashcards

o 3:30pm-10:30pm: Relax, social time, exercise

o 11:00pm: Go to bed

· Sunday

o 7:50am: wake up, personal time

o 12:00pm-1:00pm: lunch

o 1:00-4:00: review flashcards with finacee

o 4:00-9:00pm: social time, exercise,

o 9:00pm-10:30pm: review flashcards I got incorrect during flashcard review

o 10:30pm-11:00pm: Relax

o 11:00pm: Go to bed

Posted by sschmitz at 02:16 PM

flash card tips

http://media.law.siu.edu/success/flashcardtips.mp3

would you like to try using flashcards. here is how.

Posted by Suzanne at 01:57 PM

Health insurance while studying for the bar

Will you have health insurance while studying for the bar? check with the insurance office. You may want to extend your coverage.
If you do not have insurance through SIU or are not studying here, you may want to find some insurance for the winter. You do not want to have a case of sinus trouble, serious flu, allergy attack mid-way through the review and let it set you back.

Posted by Suzanne at 01:34 PM

Bar exam info for 3Ls

BAR EXAM INFORMATION

The bar exam is offered twice a year in most states. In 2011, it will be given Feb. 22-23 and July 26-27. For Illinois deadlines and fees, see www.ibaby.org. For Missouri, go to www.mble.org . For access to all state admission offices, go to www.ncbex.org . Missouri now uses the Uniform Bar Exam which will be described below. See Missouri rules for details.

The Illinois bar exam, typical of many states, is described below with notes for the Missouri exam:

Day 1:
1. Three essays –any of the topics in S Ct Rule 704(d), basically any of the topics listed in 3 below plus IL Civ Procedure, remedies, personal property. (In Missouri, none. See MO rule about Mo materials)

2. The Multistate Performance Test (MPT) – one 90-minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication, resulting in products such as memos to judges, client letters, or wills. (Skills are taught in Lawyering Skills, Clinics, Pre-trial and Trial or other skills classes.) (Two in Missouri.)

3. The Multistate Essay Examination (MEE) – a three-hour, six-question essay examination covering agency and partnership, commercial paper, conflict of laws, corporations, decedents’ estates, family law, federal civil procedure, sales, secured transactions, trusts and future interests, contracts, torts, real property, constitutional law, evidence, criminal law/procedure. (Same in Missouri.)

Day 2:
4. The Multistate Bar Examination (MBE) – a six-hour, two-hundred question multiple-choice examination covering contracts and sales, torts, constitutional law, criminal law and procedure, evidence, and real property. (Same in Missouri.)

Separate date:
5. The Multistate Professional Responsibility Examination (MPRE) – a fifty-question, two-hour, multiple-choice examination administered three times each year.
Illinois and Missouri and most states require the MPRE (ethics exam). The next MPRE is Nov. 6, 2010; the deadline for regular registration is Sept. 28, with late registration due Oct. 14, 2010. The MPRE will be offered in March & Aug. of 2011. See www.ncbex.org for deadlines, fees and how to register.
See our blog for a workshop on MPRE questions - http://blogs.law.siu.edu/bar and see www.ncbex.org online store to purchase sample questions for practice and for a free outline of the topics tested on the exam.

Preparation for the Bar Exam:

Bar review classes: most students take some commercial bar review course; the most popular are BarBri and Kaplan PMBR, each of which offer materials (including practice questions and readings) and lectures for about 6 weeks prior to the exam and prepare you for the essay and multiple-choice portions. Also popular is Themis, an online course that offers lectures, readings and practice questions; it also prepares you for both portions of the exam.

We highly recommend that you take one of these courses and study here.

For $26, you may practice multiple choice questions on line from NCBE, the writers of the exam, www.ncbex.org. I highly recommend this investment.

SAVE MONEY: and get prepared for the bar. ABA Law Student Division members and NBLSA members get discounts or scholarships on the commercial review courses; check for deadlines - usually Nov.

SIU SOL offers workshops to supplement the commercial review courses. We offer individual feedback on essays. Those who study here, attend our workshops, get feedback in person and take some course tend to pass more often than not. If away, we will try to post workshops on our blog – http://blogs.law.siu.edu/bar. Visit the law school website information on the bar exam under Curriculum.

Learn what your jurisdiction requires re exam, dates and fees. Do not rely on us. Double check. TO DO LIST:

____decide which bar to take and determine date of registration: _______
____if I registered early, determine when and how to update registration.
____print out and retain copies of everything submitted.
____determine if I can type the exam and fees associated and due dates: ___________________
____determine which bar review course to take; deadlines; costs __________________
____register for and take and pass the MPRE
http://blogs.law.siu.edu has tape on how to answer questions

____determine a budget for the bar review time - minimal $10,000
Bar course ($1500-3300)
Fees to register with the state ($250-1000)
Housing from finals through the exam or later
Utilities, cell, car insurance, food, personal money
Moving expense; interview costs
Travel to exam site, hotel, food (allow $1000 for Chicago)
Health insurance (check with the Health center or your personal carrier to determine which to extend until you get a job with insurance coverage and consider ABA insurance – www.abanet.org/lsd)
Other expenses
____apply for scholarships or discounts if ABA or other membership
____request higher financial aid in 3 L year to cover certain 3L bar costs (state fees)
Plus costs of 1L state registration and 2L MPRE fees if you have receipts
Questions? See Pat Caporale
____apply for bar loans - we know of these –
https://www.wellsfargo.com/student/graduate/bar_exam/
www.salliemae.org

____plan to make bar study my priority
___arrange housing, child care or other personal responsibilities
___do not work or take on other major commitments

____go to www.ncbex.org for most of my bar related questions
____go to www.ncbex.org for an outline of the topics to be tested on the exam
____if I have questions, I will see Prof. Schmitz
____check out law school bar blog – http://blogs.law.siu.edu/bar – instructions and podcast on bar admission issues

____consider improving my essay writing during my last semester here
See Prof. Schmitz for writing assistance
___consider during last semester any courses I need to take

Many of the subjects tested on the bar exam are those SIU requires. In the past several administrations of the bar exam, the exam has heavily tested: property, evidence, constitutional law, contracts, torts, and criminal law/criminal procedure through essays as well as through the multiple choice exam. The following are courses we offer that are also tested on the bar exam:
___ Crim Procedure ___ Trusts & Estates ___ Intro to UCC ____1st Amendment
___ Agency & P ___ Corporations ___ Remedies ____14th Amendment
___ Family Law ___ Federal Courts ___ Conflicts ____Real Est. Finance

Revised Specifications for Essay Portions of the Illinois Bar Exam, February 8, 2007

Beginning with the July 2007 bar examination, revised test specifications for the Illinois Essay Examination (IEE) and the Multistate Essay Examination (MEE) will be implemented.

IEE

Beginning with the July 2007 examination, the Board will discontinue its practice of regularly including 2 Illinois civil procedure questions and one equity question on the IEE. Pursuant to ISCR 704(d), areas of law that may be tested on the IEE include administrative law, agency and partnership, business organizations, including corporations and limited liability companies, commercial paper, conflict of laws, contracts, criminal law and procedure, equity jurisprudence, evidence, family law, federal and state constitutional law, federal jurisdiction and procedure, federal taxation, Illinois civil procedure, personal property, including sales and bailments, real property, secured transactions, suretyship, torts, trusts and future interests, and wills and decedents\' estates. Some questions may include issues from more than one area of law.

MEE

Beginning with the July 2007 examination, areas of law that may be tested on the MEE include business associations (agency and partnership, corporations and limited liability companies), conflict of laws, constitutional law, contracts, criminal law and procedure, evidence, family law, federal civil procedure, real property, torts, trusts and estates (decedents\' estates, trusts and future interests) and Uniform Commercial Code (commercial paper, negotiable instruments and secured transactions). Some questions may include issues from more than one area of law.

Posted by Suzanne at 12:59 PM

MPRE workshop

MPRE Workshop Video

This workshop teaches a method of attacking multiple choice questions. While it also focuses on the MPRE, the method of reading and parsing multiple choice questions will be helpful for the MBE - the 200 multiple choice portion of the bar exam.
Please be patient, there will be 2-3 minutes before the workshop starts.

Posted by tfurby at 10:45 AM

hotel tips

I am advised that the IL bar examiners are using the Wyndham hotel as their headquarters and that the Wyndham and the Avenue hotels should be offering discounts for bar takers.
If you do not yet have your hotel, check these out.

Posted by Suzanne at 09:10 AM

April 26, 2011

MPRE2008booklet to accompany workshop

Posted by tfurby at 11:11 PM

January 24, 2011

Talks on IL bar for 1Ls and 3Ls

In Jan., 2011, the staff of the Illinois Board of Bar Examiners presented the basic information to 1Ls and 3Ls. To listen to the talk for 1Ls, go here

http://media.law.siu.edu/schmitz/SchmitzProfessionalism12pmJan18Rm120.wmv

to listen to the talk for 3Ls, go here
http://media.law.siu.edu/schmitz/SchmitzProfessionalism1pmJan19Rm120.wmv

Posted by Suzanne at 09:06 AM

January 04, 2011

tips for multiple choice

go to the mpre workshop on this page and listen to the presentation on how to answer multiple choice questions. Although the focus of that presentation is the MPRE exam and not the MBE, the strategy works for any multiple choice question.

go also to blogs.law.siu.edu/success and watch the presentation on multiple choice questions. Although this presentation is focused on 1L courses, it also teaches the same strategy for how to attack a multiple choice question.

Posted by Suzanne at 01:30 PM

January 03, 2011

How to memorize and other tips

Video

Posted by tfurby at 05:45 PM

Prof. Robertson on the performance test

http://media.law.siu.edu/bar/workshop1pm23june09rm108.wmv

listen to this workshop and do at least five practice MPTs before the exam. the test he refers to is not in the BarBri book, but your course will provide you with enough sample tests that you can do five or more practice tests. Hint: do one every other weekend.

Posted by tfurby at 04:55 PM

how to read all this material for bar review

How to read the materials for the bar review course.

Everyone learns differently so we will present three approaches here. You will be wise to consider these, talk with friends, ask your bar buddy, and then do what works for you. But to get you started, here are three suggestions:

Method A. Read first, then lecture, then review, using questions.

1. Read the long outline (the short outline has 40% less material) before class.
Read it in 5-7 page chunks – follow the Roman numerals.
Read one chunk. Then do one of these that works for you:
make a flash card;
take notes;
make an outline or a flow chart;
talk it through out loud to any one or any thing that will listen or to no one;
review the short outline for charts, exam tips, etc.
Just do something with the material to make it mean something to you.
Read another chunk and do one of the above.
After 3-4 chunks, review some essay questions (cover up the answers) or multiple choice questions – just to spot issues and see what you can remember.
Continue until you have read all the material.

4. Listen to the lecture; use the lecture handouts and write in the material requested.

5. After the lecture, review any material you just did not understand when you read it and then heard it.

6. Then go to questions for a review. Test yourself. See the recommended essay questions to be used for testing yourself. They are posted here.

7. Start over for the next day.

B. Questions first, then read, then lecture.

Some of you may find it hard to read the material. You might try this method.

1. Go first to the questions and get a sense of what the issues are.
This works best if you review 3-4 fact patterns around one topic, such as specific performance or termination of an agency relationship.

2. Then when you have a sense of what the issues are, how the problem arises, go to the reading on that topic.
After reading just that material,
make a flash card;
take notes;
make an outline or a flow chart;
talk it through out loud to any one or any thing that will listen or to no one;
review the short outline for charts, exam tips, etc.
Just do something with the material to make it mean something to you.

3. Then examine 3-4 fact patterns (essay or multiple choice) on the next issue and repeat.

Be sure to check off the material that you have read because you may need to go back and read some material not studied using the problem method.

4. Then attend the lecture and use the lecture handouts.

5. Then test yourself with additional questions. See the questions we recommend for testing yourself – we handed these out and will soon post some here.

If using this method, watch for the problem postings we will put here to help you find problems to read.

C. Combined.

Perhaps you will want to experiment to see which works for you or maybe you will use one method of subjects you understand fairly well and the other for subjects that are new or difficult for you.

Posted by sschmitz at 10:21 AM

Discussion with Recent Grads

Posted by tfurby at 09:31 AM

September 20, 2010

Planning for Bar Admission

Planning for Bar Admission Audio Link

Planning for Bar Admission PowerPoint

Posted by tfurby at 11:56 AM

July 11, 2010

listen to this tape to relieve stress

If you cannot sleep or find yourself unable to concentrate due to stress, listen to this tape.

http://shc.siuc.edu/wellness%20pages/stress_resources.htm

Posted by Suzanne at 04:54 PM

tips for stress

This stress management handout was prepared by the Student Health Programs Wellness Center.

Posted by susanw1 at 08:46 AM

11 Ways to Beat Test Anxiety

This handout was prepared by the Student Health Programs Wellness Center.

Posted by susanw1 at 08:33 AM

June 16, 2010

Prof. Schmitz on how to write an essay

Video
PDF

Posted by tfurby at 10:25 AM

June 03, 2010

bar exam essay writing tips

BAR ESSAY EXAM WRITING TIPS
By Suzanne Schmitz

here are some tips for essay writing for the b ar.

1. On Day 1, you will have three essays written and graded in IL in the am, then an MPT, and then six essays written by NCBE but graded in IL in the pm. You will not go wrong by using IL law. In MO, you will have four essays in the am, the MPT, and then six more and MO tends to mix up MEE and MO questions. You will not go wrong by using MO law. The MO questions often require short answers where CIRAC may not work.

2. A well-organized answer is better than one that is not. Also, you need to use some judgment to determine the value of one part of the question over another.

3. Seldom will you address the same law twice. Read all parts of the call of the question before starting to write so that you know what law to use where. Also if you are needing the same law again, it is OK to refer to above, and not re-write the law.

4. For the exam, use non-erasable blue or black ink pens that do not smear. Avoid abbreviations other than P and D (HDC OK) and if making an error, put one line through it. Anything you write in the margins will not be read. Label each part – a, b, c or 1, 2, 3. The graders hate arrows. You have one answer book per question and only one. So plan ahead. I am giving you 2 exam “books” - make your own copies and use this for practice so that you stay within the limits. For typists, the character limit is _____ .

5. Take each question in order, giving it 30 minutes. Do not read all the questions first - you will just worry about them. Be sure you coordinate answer books with question books. The MEE (afternoon) essay and answer booklets are color coded and numbered.

6. For each question, use ten minutes to read and organize and 20 minutes to write. Read the call of the question first, all of the call, then the facts. Organize as below. Then skim the call and facts to be sure you are on target. Only then begin to write.

7. You may organize in the question book, not the answer book. A quick mode of organizing is this, using Equity #24, part 3:

spec perf?
1. K Facts: A&D - K w/G
2. Conditions fulfilled G ready to pay?
3. Legal rem. Inadq. D not enough tiles special design, unique
4. Mutuality Ct can order either party
5. Enforcemt feasible Ct need only super. transfer of tiles
Box and deliver
6. No defenses none apparent

8. Most of the time, you must take a stand. Seldom will you argue both sides.

9. Write in CIRAC fashion, giving the C, I, R, A and C each a paragraph or more - this makes it easy for the grader.
Leave the first 2-4 lines blank for the conclusion.
State the Issue, using the call of the question - this keeps you on target.
State the rule that is relevant to the issue, not every rule you know.
Define terms in the rule that are at issue.
For each part of the rule, show how it is or is not met by using the facts in the problem. Skim the problem for all the facts that can be used to show how the rule has been or has not been met.
If necessary, use CIRAC, RAC, RAC, major C.
Adding policy where appropriate is nice but probably not needed.
Reach a conclusion and now write it at the top as well.

Be sure you are consistent. Do not disagree with yourself.

10. Incorporate reading essays into your review. Work from the highest numbered essay question backwards. The oldest questions are no longer typical. As part of your review, read 4-5 essay questions and spot the issues. See if you can recall the law; if not, review it. If so, move on. When finished reviewing, write out, with open book or notes, 1-2 essays per topic. A week later, try another one closed book. Open if needed. In July, write out another 1-2, closed book in 30 minutes. In July, outline another 3-4. Read at least ten questions and answers per topic.

11. Try to do a variety of issues - not all SMJ, but some SMJ, some PJ, some RJ and CE, etc. See my list so you can be sure to cover a variety.

12. It is a difficult balance to quit telling the grader everything you know with the danger of being too concise. The only sure way is practice; bring answers to one of us to review. We have seen model answers and have a sense of what is wanted.

13. Prepare for the endurance of writing or typing ten essays in one day. Just as BarBri simulates the multiple choice portion, we will simulate the essay portion, using three Illinois (Three Mo for Mo takers) essays, an MPT, and six national essays, on July 21, 9-4, in 202.

14. Bring essays you have written to Prof. Schmitz and she will give some to Prof. Basanta to read. Bring completed performance tests to Prof. Basanta or Robertson.

15. Timing tip for the exam: at the beginning of each exam period, set your watch to 12. You will then know that at 1:30 or at 3, the exam period is over.

Posted by Suzanne at 02:04 PM

Bar Buddy

If you would like to be paired up with a recent grad who can offer advice re bar study, let Prof. Schmitz know soon. Just send an e-mail to Carol Manis, secretary, who will assist us this summer) and tell her that you want one. You can contact her at cmanis@siu.edu. We will get back to you soon with the name of a buddy.

Each summer, graduates find it very helpful to talk with someone (by phone, text, e-mail or in-person) who had just gone through the bar– about a schedule, a routine, how to use the materials, how to make the family understand, etc. These recent grads have volunteered to assist you.

We have a list of recent grads ready and eager to assist. Just let us know that you are interested.

Posted by dmurley at 01:55 PM

February 15, 2010

Missouri Bar Talk 12 pm Session

Posted by tfurby at 10:00 AM

Missouri Bar Talk 1 pm Session

Posted by tfurby at 09:56 AM

December 19, 2009

multiple choice tips

If multiple choice is not your strong point or, even it is, you want to use every help available, check out the 200 old M-C questions available on-line through the National Conference of Bar Examiners.

If you are not taking the PMBR course nor the BarBri 5-day workshop, you really want to check this out.

NCBE has released two sets of 100 each, actually used questions - MBE Online Practice Exam 1 and 2. Each costs $26 for one year subscription.

You take the exam online. You can ask for only evidence or crim, etc. You can mix them up. You get computer feedback re your progress, along with annotations as to the correct answers and why-written by the same drafters who wrote the question. You can ask for only those questions you have missed in the past.

Both BarBri and PMBR either buy their questions from NCBE or make them up. Both make up the explanations. When using the NCBE Online exam, you are using the original source along with annotations from the actual drafters.

Prof. Schmitz says this is the best investment of $26 or 52 that there is in relation to the bar prep.

go to ncbex.org and look for MBE OnLine Practice exam.

Posted by Suzanne at 10:37 AM

Prof. Marlow on tips on memorizing and other bar prep tips.

http://media.law.siu.edu/bar/workshop1pm16jun09rm108.wmv

useful tips while studying for the bar; tips on how to memorize

Posted by tfurby at 10:04 AM

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