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December 26, 2008
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 04:21 PM
recommended bar exam essays from your Bri Book
Prof. Schmitz suggests that you write out a variety of essays on each topic and read as many more as you can. To help you find a variety of essays per topic, she has prepared this list for your use.
SUGGESTED ESSAY EXAMS FOR PRACTICE for MBE and Ill.* Portions of the EXAM
Agency and Partnership
#26 – form, authority, liability of Partners
25 – limited Partnership
24 - formation and liability of P
23 - P liability and a duty
21 – liability of P to A
20 – independent contractor
19 – termination of P
17 – vicarious liability
16 – actual, apparent, termination
15 – limited liability
14 – liability of P
Trusts and Future Interests
19 - trust revocation, discr. Trust., power of apptmt
18 – lack of def. benefic., tr. Form, cy pres
17 – validity of tr. Creatn, funding, pour over trusts, creditors
16 – lack of def. benefic.,power of appointment
15 – creation of enf. Trust, class gift
14 – distrib. Of estate, RAP, t’tee duties
13 – spendthrift trust, tr termin.
12 – will and tr – revoc. Tr, distrib.
9 - RAP
Wills
30 – disclaimer, lifetime gift, abatement, stock dividends
29 – contrac.will, indept significance, extrinsic document
28 – slayer, advancement, per stirpes
27 – life insurance, joint tenancy, anti-lapse, class gift
26 – revocation, dependent relative revoc., ademption
25 – intestacy, advances
24 – will contests
23 – validity, revocation, distrib.
22 – form., incorp., ademption
21 – incapacity, validity, power of attny
20 – powers of apptmt, specific bequests, ademption
19 – DRR, revoc., holographic
18 – revoc., validity, distrib.
15 - intestacy
Illinois Civil Procedure
50 – attny-client privileges, work product
49 – PJ, service, RTA, venue
48 – class notice, class cert
47 – PJ, preclusion – RJ and CE
46 – jury demand, lmtd discov., atty fees, waiver
45 – joinder of p, amend c/a, MSJ – c’claim
44 - PJ
43 – vol. dism., subst. judges, RJ
42 – PJ, pleadings, RTadmit
41 – amendment, relation back – amending
40 – venue, pleading, joinder, consolidation
39 – pleading, joinder, MSJ, court powers-settlement
38 – PJ, service, amendment
37 – discovery, appeal
36 – venue, vol;. disml, MSJ – affidavits
35 – class cert, MSJ, RJ and CE
Illinois Equity
25 – nuisance – injunction, laches, estoppel
24 – spec. perf., restitution
23 – prelim. Inj.
22 – spec. perf., eq lien, constr. Trust
21 – spec. perf., rescission
20 – unconscion., spec. perf.
19 – duties of t’tees, eq. lien
18 – TRO, spec. perf., eq. defenses
17 – TRO & First amendment
Corporations
20 – LLC
19 - merger, dissenters rights
18 – corp. meetgs, proxies
17 – promoters
16 – corp. pres. Authority
15 – proxies, cumulative voting
14 - dir=s conflicting interests, business judgment, director duties
13 - record date, quorum, election of directors
12 - transfer of shares, stock restrictions, jud. dissolutions
11 - issue options, shareholders rights, preemptive rights
10 - promoter liability, corp power, charities
Family
27 – set aside mediated div agreement, spousal mainten
26 – div jurisdictn, consent to divorce, eq distribution property
25 – div jurisdiction, unwed F’s adoption rights
24 – annulment, sp. Maintenance, void marrg
23 – paternity, child suppt, visitation, d. p. rts
22 – relocation, ch. Support, jt decision-making – child
21 – ch custody
20 – marital property
19 – premarital agreemt, marital property
Fed. Civ Pro
29 – removal, compul c’claim
28 – discov.
27 – relatn back, appeal, sanctions – pretrial conference
26 – diversity jursd., PJ
25 – inj. – non compete clause
24 – MSJ, venue
23 – SMJ, FFC
22 – joinder claims and parties, SMJ – state claim
21 – abstention, class cert.
20 – MSJ, preclusion
19 – forum selection, protect. Order
18 – SMJ, venue, jurisd. State claim
17 – preclusion, appeal, collateral orders
16 – contempt, misc. procedures
Sales
6, 8 – replevin
5 – warranties
4 – damages
3 – nonconform. Goods
Conflicts
11, 12, 13, 15, 16 – conflicts and family law
10 & 14 – conflicts and civ pro
9 – conflicts and wills
Posted by Suzanne at 03:36 PM
changes in the bar exam
You may watch the video of the workshop on the changes; the prior entry has the link to the video. I am listing the major changes here, along with a few comments while you are practicing.
1. Multiple choice- no longer will there be one fact pattern for more than one questions. No longer will there be "none of the above" as one of the choices. No longer will "If" or other similar terms be used to add facts in the four choices. In other words, most of the time the choice will be "yes, because ..." or "no, because ..." or "Plaintiff prevails, because...." or "defendant prevails because...." or something simular. Finally, no longer will there be the roman numeral choices, as in a. I and II but not III.
The goal is to make the questions clearer and less confusing.
As you can see, both BarBri and PMBR have in their practice material questions that look like those no longer being used. Do them anyway. They are good for practice. While the actual questions may be clearer, they will be hard and you need all the practice you can get. The simulated exam (whether BarBri or PMBR) may use some of the old style questions as well. Again, I think that is not a big deal. If anything the real questions will be clearer. You need to do the simulated exam in order to get used to the timing, endurance, and stress. DO NOT SKIP THE SIMULATED EXAM BECAUSE THE QUESTIONS WILL SOMETIMES FOLLOW THE OLD STYLE. You do not want to have only one try at the exam be the real one!
2. To see more of the new style, spend $26 and go to ncbex.org and register for the MBE annotated preview.
3. Re the MEE (in IL the afternoon) essays, remember that the six M-C topics (con law, torts, property, etc.) may also be tested by essay. This is a recent change and there are no released questions available yet. Therefore, BarBri made up some questions for practice. This is a good thing. What you should know is that some of the BarBri essay questions on the MBE topics are longer than a 30 minute question. When you read some of them, I do not want you frightened by the length of the practice essay. Do the practice essays anyway - good test of your knowledge. But on the exam, expect the new essays to be a lot like the MEE essays in your BarBri book.
4. Re the IL essays. It used to be that IL asked two IL civ pro and one IL equity. That changed in 2007. You will probably get one IL civ pro but expect anything in the rules to be asked. The rule is on the ibaby.org website.
Suzanne Schmitz
Posted by Suzanne at 03:32 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 01:16 PM
exam tips in PMBR book
tips for the exam --
If you took PMBR, there are caveats at the back of the blue book that offer helpful tips for the multiple choice exam. They are very useful and are found in the very back of the book.
Posted by sschmitz at 11:32 AM
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 10:58 AM
Video for June 9, 2008 - changes in the bar exam
Video recoring for June 9th 2008
Posted by tfurby at 10:55 AM