The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress
The Bar Exam Toolbox podcast helps bar takers pass with less stress and anxiety. Hosted by bar exam experts Lee Burgess and Alison Monahan, it covers topics like learning and memorizing law, writing passing essays, and obtaining bar exam accommodations. The show provides practical strategies for bar exam success.
Episodes
360: Most Bar Prep Wasn't Built for an ADHD Brain
Welcome back to the Bar Exam Toolbox podcast! In this episode we look at the features of standard bar prep programs that make them poorly suited for students with ADHD and other learning differences. We offer practical fixes -- such as short study blocks, externalized planning, open-book practice, and self-aware scheduling -- that benefit anyone struggling with attention and burnout during bar stu
359: Listen and Learn -- MBE vs. NextGen Multiple Choice: Real Property Easements
Welcome back to the Bar Exam Toolbox podcast! Today we're working through four questions on real property -- two in the classic MBE style, two in the new NextGen style. We cover how easements are created and terminated, and we touch on the topic of real estate sales contracts. In this episode, we discuss: Question 1: Creation of easements (MBE) Question 2: Scope and termination of easements (MBE
358: What We're Learning from the July 2026 Bar Results
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing what we have learned so far from the July 2026 bar exam results, noting why sometimes there is a discrepancy between how people felt they did versus the actual score they received. We share some recommendations for unsuccessful takers, including analyzing score reports, honestly auditing weaknesses, and changing study methods --
357: Can AI Be Your Bar Exam Tutor?
Welcome back to the Bar Exam Toolbox podcast! In this episode, we discuss whether AI can effectively serve as a bar exam tutor, weighing its usefulness for scheduling, pattern-spotting, and simplifying admin tasks against its weaknesses, such as unreliable feedback and using outdated legal content. In this episode, we discuss: Recent headlines around the bar exam and AI use Where AI goes wrong i
356: Quick Tips -- 10 Mental Resets to Get You Through the Bar Exam
Welcome back to the Bar Exam Toolbox podcast! In this episode, we share 10 "mental reset" mantras to help bar exam takers manage self-doubt, panic, and setbacks on exam day. In this episode, we discuss: Why mental resets matter, especially on exam day Dealing with forgetting the law or being overwhelmed by the facts in the question Choosing an answer when a multiple-choice question feels impossi
355: Listen and Learn -- MBE vs. NextGen Multiple Choice: Criminal Law (Fourth Amendment)
Welcome back to the Bar Exam Toolbox podcast! This episode is part of the series in which we illustrate the shift from MBE to NextGen multiple-choice questions. Today we're walking through four questions on criminal law and procedure, related to search and seizure. Join Lee and practice multiple-choice questions in the classic MBE style and the new NextGen format. In this episode, we discuss: Qu
354: Listen and Learn -- MBE vs. NextGen Multiple Choice: Evidence
Welcome back to the Bar Exam Toolbox podcast! This episode is part of the series in which we demystify the shift from MBE to NextGen multiple-choice questions. Today we're walking through four questions on evidence -- two in classic MBE style and two in the NextGen format. Join us and practice your understanding of hearsay exceptions and character evidence! In this episode, we discuss: Question
353: Listen and Learn -- MBE vs. NextGen Multiple Choice: Constitutional Law
Welcome back to the Bar Exam Toolbox podcast! This episode is part of the series in which we demystify the shift from MBE to NextGen multiple-choice questions. Today Lee walks through four questions on constitutional law -- two in classic MBE style and two in the NextGen format. Practice applying the right level of scrutiny, the right test, and the right doctrine with questions on free speech, equ
352: Listen and Learn -- MBE vs. NextGen Multiple Choice: Civil Procedure
Welcome back to the Bar Exam Toolbox podcast! This episode is part of the series in which we demystify the shift from MBE to NextGen multiple-choice questions. Today Lee walks through four questions on civil procedure -- two in classic MBE style and two in the NextGen format. Wondering how to keep straight two doctrines that sound alike: personal jurisdiction and subject matter jurisdiction? Find
351: Listen and Learn -- MBE vs. NextGen Multiple Choice: Negligence
Welcome back to the Bar Exam Toolbox podcast! This episode is part of the series in which we demystify the shift from MBE to NextGen multiple-choice questions. Today Lee walks through four questions on negligence -- two in classic MBE style and two in the NextGen format. What differences can you expect between the two exam versions? Find out now! In this episode, we discuss: Question 1: Negligen
350: Listen and Learn -- MBE vs. NextGen Multiple Choice: Contract Formation
Welcome back to the Bar Exam Toolbox podcast! This is the first episode of a series in which we demystify the shift from MBE to NextGen multiple-choice questions. Join Lee as she walks through four contract formation questions -- two in classic MBE style and two in the NextGen format. How are they similar? How do they differ? Find out now! In this episode, we discuss: Question 1: Firm offer rule
349: This is How Your Brain Actually Learns (The Brain Science Behind Our RAMP Tool)
Welcome back to the Bar Exam Toolbox podcast! Today, we explain the neuroscience behind our RAMP study tool -- which we introduced in our last episode. We discuss the limitation of working memory, which makes it essential to move legal rules into long-term memory through spaced repetition and scaffolding. In this episode, we discuss: The research and science behind our RAMP study tool Scaffo
348: How We're Thinking About NextGen Prep Differently (Plus, Try Our New Tool for Free!)
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing how we're thinking about preparing for the NextGen bar exam differently -- and we're excited to introduce a new tool we've built to help you learn and retain the rules you need to know. In this episode, we discuss: An overview of the NextGen UBE The big misconception: No memorization is required for the NextGen Why traditional
347: Listen and Learn -- Duty of Confidentiality (Professional Responsibility)
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing one of the most tested subtopics of professional responsibility -- the duty of a lawyer to maintain the confidentiality of all information relating to the representation of a client, a former client, or a potential client. In this episode, we discuss: Overview of confidentiality Core exceptions to the duty of confidentiality Ho
346: Listen and Learn -- Communication with Opposing Parties (Professional Responsibility)
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing Rule 4.1 of both the ABA and the California Rules of Professional Conduct -- what it prohibits and allows lawyers to do when communicating with opposing parties. In this episode, we discuss: Rule 4.1 of the ABA and California Rules of Professional Conduct Communication with represented and unrepresented parties A California bar
345: Early Bar Prep with Themis Bar Review
Welcome back to the Bar Exam Toolbox podcast! In this episode, we're speaking with Themis Bar Review experts Zach Lindesmith and Michele Cooley. The conversation centers around the importance of realistic study planning for the groups of students who need to start their bar prep early. Note: This episode is sponsored by Themis Bar Review – the gold standard in bar exam preparation. With this spec
344: 11 Things You Need to Know About the NextGen UBE
Welcome back to the Bar Exam Toolbox podcast! If you're planning to take the bar exam in July 2026 or February 2027, your exam will look quite different from the current one. The Uniform Bar Exam overhaul includes changes in the structure, the question types, the timing, the grading – basically everything except the stakes. Today we're walking you through 11 things that every bar taker needs to kn
343: Listen and Learn -- Duties to the Tribunal (Professional Responsibility)
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing ABA's Model Rule of Professional Conduct 3.3, which governs truth telling to the tribunal (a court, arbitrator, administrative agency, or any other body acting in an adjudicative capacity). We break down all of the rule's nuances and parts, and analyze a few hypothetical scenarios. In this episode, we discuss: An overview of A
342: Listen and Learn -- Warranties and Disclaimers Under the UCC (Contracts)
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing contract law – specifically, warranties and the disclaimer of warranties under the UCC. We explain both express and implied warranties and how they can be disclaimed. We also go through several examples to illustrate these rules in practice. In this episode, we discuss: Express and implied warranties under the UCC Disclaimer of
341: Listen and Learn -- Marriage Formation and Requirements (Family Law)
Welcome back to the Bar Exam Toolbox podcast! In this episode, we explain the legal requirements for marriage formation in the United States. We also cover common law marriage as an exception to the procedural requirements and use hypothetical scenarios to illustrate how these rules apply in practice. In this episode, we discuss: Defining marriage and legal precedents Procedural and substantive r
340: Listen and Learn -- Trust Formation and Administration
Welcome back to the Bar Exam Toolbox podcast! This episode of our "Listen and Learn" series explains the fundamentals of trust formation and administration, covering the requirements for creating both private and charitable trusts. In this episode, we discuss: The different types of trusts Requirements for creating an express private trust Charitable trusts Duties owed by the trustee Two hyp
339: Top 10 Time-Wasters When Studying for the Bar Exam
Welcome back to the Bar Exam Toolbox podcast! In this episode, we're going through the most common ways students waste time while studying for the bar, including relying on passive learning, overfocusing on one section, using too many resources, and neglecting feedback. We emphasize the importance of active study methods, balanced preparation, and honest self-reflection to maximize your chances of
338: Studying for the Bar During the Holiday Season
Welcome back to the Bar Exam Toolbox podcast! We've made it to another holiday season, which means joy, good food, family, and friends. However, for those studying for the bar exam, it can also bring a lot of stress as you try to manage bar prep and family commitments. Today, we're sharing some ways to think about bar study during the holiday season. In this episode, we discuss: Creating a study
337: Listen and Learn -- Will Revocation
Welcome back to the Bar Exam Toolbox podcast! In this episode, we explain the ways in which a validly executed will can be revoked (by a subsequent document, by a physical act, and by operation of law), and analyze examples illustrating these concepts. In this episode, we discuss: The requirements for a valid will Revocation by a subsequent document Revocation by a physical act Revocation by o
336: Listen and Learn -- Will Formation and Execution
Welcome back to the Bar Exam Toolbox podcast! In this episode, we explain the five requirements for a valid will, and analyze two hypotheticals to illustrate how courts determine validity. In this episode, we discuss: The basics of will formation The five elements of a valid will What is a holographic will? The "harmless error" rule Two hypotheticals from previous California bar exams Resourc
335: How Is the NextGen Changing the Legacy UBE?
Welcome back to the Bar Exam Toolbox podcast! Today we're discussing how the rollout of the NextGen UBE in July 2026 will also bring significant changes to the Legacy UBE, including the removal of certain subjects from the MEE and a shift in focus for the MPT. In this episode, we discuss: Timeline for the NextGen UBE and Legacy UBE Major changes in the Multistate Essay Examination (MEE) Pr
334: Listen and Learn -- Strict Liability: Animals and Dangerous Activities (Part 2)
Welcome back to the Bar Exam Toolbox podcast! This is Part 2 of a two-part series on strict liability as it relates to animals (both wild and domestic), as well as certain super dangerous activities. In this episode, we discuss: Strict liability for abnormally dangerous activities Strict liability for keeping wild and domestic animals Two hypothetical scenarios illustrating the above concepts
333: Listen and Learn -- Strict Liability: Animals and Dangerous Activities (Part 1)
Welcome back to the Bar Exam Toolbox podcast! This is Part 1 of a two-part series on strict liability as it relates to animals (both wild and domestic), as well as certain super dangerous activities. Join us next week for the second episode on this topic. In this episode, we discuss: Overview of strict liability in torts What activities are considered abnormally dangerous? Strict liability as
332: Mastering Bar Exam Multiple-Choice Questions (w/Chris Fromm from Themis)
Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with Chris Fromm - National Director of Curriculum and Assessment at Themis Bar Review - about strategies for tackling multiple-choice questions on the bar exam, including the upcoming NextGen format. We discuss how to manage your time effectively, leverage practice tools, and seek support during the challenging bar prep period.
331: Should You Take the Legacy UBE or Wait Until the NextGen UBE?
Welcome back to the Bar Exam Toolbox podcast! In this episode, we explore whether law students should take the current Legacy UBE or wait for the upcoming NextGen UBE. We take a look at the timing and the strategic considerations, and help you figure out which path makes sense for your specific situation. In this episode, we discuss: Timeline of jurisdictions adopting the NextGen UBE Who should
330: NextGen UBE: Let's Walk Through an Integrated Question Set (IQS) Together
Welcome back to the Bar Exam Toolbox podcast! In this episode, we're continuing our discussion of the NextGen UBE. We've created an integrated question set (IQS) similar to the ones that will appear on the NextGen bar exam, using a sample scenario involving a shoplifting incident and subsequent legal analysis. We discuss the structure of these new question sets, review relevant statutes, and work
329: Listen and Learn -- Negligent Infliction of Emotional Distress (Torts)
Welcome back to the Bar Exam Toolbox podcast! This episode explains the concept of negligent infliction of emotional distress (NIED) in tort law, outlining the four specific situations in which a plaintiff can recover for emotional harm caused by another's negligence. In this episode, we discuss: A review of the elements of negligence The four situations in which NIED claims are valid Negligent
328: The NextGen UBE 101
Welcome back to the Bar Exam Toolbox podcast! Today we're diving deep into something that's about to shake up the legal profession in a big way: the NextGen UBE bar exam. If you're a law student, recent graduate, or even practicing attorney wondering what all the fuss is about, this episode is your one-stop guide to understanding how future lawyers will be tested. In this episode, we discuss: St
327: Facts and Fears Around the Integrated Question Sets (IQSs) on the NextGen Bar Exam
Welcome back to the Bar Exam Toolbox podcast! This episode discusses the upcoming NextGen bar exam, highlighting major changes such as the introduction of integrated question sets (IQSs) and a shift toward testing legal skills alongside knowledge. We share students' concerns about the unfamiliar format, time management challenges, and the need for new study strategies. In this episode, we discu
326: Listen and Learn -- Intestate Distribution (Wills and Trusts)
Welcome back to the Bar Exam Toolbox podcast! This episode of our "Listen and Learn" series focuses on the three main methods for distributing assets among heirs when someone dies intestate: per stirpes, modern per stirpes (or per capita by representation), and per capita by generation. We walk through each method with examples highlighting how shares are divided among descendants in different fam
325: Is Distracted Bar Exam Prep Productive?
Welcome back to the Bar Exam Toolbox podcast! The bar prep period is a time when you need to have clear thinking, mental focus, and be able to learn quickly and efficiently -- however, more and more our daily life is interfering with all of that. Today we're talking about focus, deep work, and how to make sure your brain is primed to work hard and get stuff done. In this episode, we discuss: The
324: Listen and Learn -- Self-Defense and Defense of Others
Welcome back to the Bar Exam Toolbox podcast! In this episode we explain the legal concepts of self-defense and defense of others, focusing on their importance in criminal law and in bar exam scenarios. In this episode, we discuss: Self-defense: rules and elements Imperfect self-defense Defense of others: rules and elements Two hypothetical scenarios from previous California bar exams Resource
323: Quick Tips -- Building Your Bar Exam Study Schedule
Welcome back to the Bar Exam Toolbox podcast! In this episode we provide practical advice for creating a personalized bar exam study schedule, taking into account accommodations, past scores, available study time, and life events. We emphasize the importance of scheduling breaks, managing unplanned interruptions, and being realistic about your commitments to ensure effective and sustainable prepar
322: Listen and Learn -- Criminal Procedure: Identifications (Part 2)
Welcome back to the Bar Exam Toolbox podcast! This episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues. Through analyzing a hypothetical scenario, we illustrate how courts look at the totality of the circumstances and assess whether identification procedures are unnecessarily suggestive. The episode concludes with a step-by-ste
321: Listen and Learn -- Criminal Procedure: Identifications (Part 1)
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about the rules and timing of the different types of criminal identification procedures. Join us next week when we'll continue the discussion of this topic. In this episode, we discuss: Types of criminal identifications procedures Timing of identifications procedures and right to counsel Due process in identifications procedures
320: Quick Tips -- Your Post-Bar Exam Recovery Plan
Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Quick Tips" series, we outline three phases of the post-bar exam recovery period: immediate decompression, reengagement, and future planning. We share tips to help you reclaim your life, including taking physical rest, reconnecting with loved ones, establishing healthy routines, and planning future career steps. In this epi
319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
Welcome back to the Bar Exam Toolbox podcast! This episode is the final in our Torts trilogy, where we're summarizing the topics from Torts we've covered in our "Listen and Learn" series. Today we're talking about strict liability and vicarious liability, and we review the key defenses - assumption of risk and comparative negligence. In this episode, we discuss: Strict products liability of manu
318: Quick Tips -- The Final Two-Week Bar Exam Countdown
Welcome back to the Bar Exam Toolbox podcast! How you spend the final two weeks leading up to the bar exam can make a significant difference in your performance! In this episode, we provide a strategic guide for focusing on high-yield review and mental preparation. We have broken it down into specific daily frameworks, starting with Day 14 and up to the morning of the exam. In this episode, we dis
317: Spotlight on Torts (Part 2 – Intentional Torts)
Welcome back to the Bar Exam Toolbox podcast! We're continuing our summary of topics from Torts we've covered in our "Listen and Learn" series. Today we're discussing person-based and property-based intentional torts, as well as defamation. We also go through the defenses to intentional torts and provide a plan for answering intentional tort questions on the bar exam. In this episode, we discuss:
316: Spotlight on Torts (Part 1 – Negligence)
Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we summarize the topics from Torts we've covered in our "Listen and Learn" series. Today, we're focusing on negligence and its four key elements - duty, breach, causation, and damages. We have included an attack plan for exam questions on negligence, and a quick practical example. In this episode, we discuss
315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur" doctrine, and we will walk through several hypotheticals involving breach of the standard of care. In this episode, we discuss: An overview of negligence claims The reasonable per
314: Listen and Learn -- False Imprisonment and Shopkeeper's Privilege (Torts)
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're discussing torts – specifically, the intentional tort of false imprisonment and the associated defense, shopkeeper's privilege. We also go through several sample questions and apply the law to the fact patterns. In this episode, we discuss: An overview of intentional torts The elements of false imprisonment Hypothetical scena
313: Spotlight on Criminal Law (Part 3)
Welcome back to the Bar Exam Toolbox podcast! This is the final installment of the summary of Criminal Law topics we've covered in our "Listen and Learn" series. Today, we're reviewing crimes against the person, the felony murder rule, and accomplice liability. We also address the complex scenarios that are likely to show up on the bar exam and offer a strategy for analyzing criminal law questions
312: Spotlight on Criminal Law (Part 2)
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we summarize the topics from Criminal Law we've covered in our "Listen and Learn" series. Today we explore the elements of key property crimes (like larceny, robbery, embezzlement, burglary, and arson) and inchoate offenses (such as attempt, solicitation, and conspiracy). We also discuss defenses to crimina
311: Spotlight on Criminal Law (Part 1)
Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we summarize the topics from Criminal Law we've covered in our "Listen and Learn" series. We begin by reviewing the elements of a crime (actus reus, mens rea, causation, concurrence) and the various types of homicide (first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter
310: Listen and Learn -- Accomplice Liability (Criminal Law)
Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on another topic from Criminal Law -- namely, accomplice liability. We're covering the three elements of establishing accomplice liability, situations where accomplice liability doesn't apply, and what defenses a person charged as an accomplice can assert. We also apply these concepts to several hypothetical scenarios. In this epis
309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Welcome back to the Bar Exam Toolbox podcast! Today we're exploring some complex aspects of criminal law that frequently appear on exams -- the felony murder rule and causation in homicide cases. We have included an analysis of two hypothetical scenarios to illustrate these legal principles. In this episode, we discuss: Review of the felony murder rule Which felonies are considered inherently dan
308: Listen and Learn -- Crimes Against the Person (Part 2)
Welcome back to the Bar Exam Toolbox podcast! We're continuing the discussion from last week on crimes against the person. In the previous episode, we covered the basic elements of assault, battery, false imprisonment, and kidnapping, and walked through a scenario involving these crimes. Today, we'll build on that foundation by analyzing more complex hypotheticals that test the boundaries of these
307: Listen and Learn -- Crimes Against the Person (Part 1)
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing four crimes against the person – assault, battery, false imprisonment, and kidnapping. We'll walk through the elements of each crime and see an example which illustrates how they may appear and interact on the bar exam. In this episode, we discuss: The elements of assault, battery, false imprisonment, and kidnapping Analysis of
306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Welcome back to the Bar Exam Toolbox podcast! This is the last of three episodes in which we review the substantive Civil Procedure law we've covered on the podcast. We're concluding this series by tracking how a civil lawsuit unfolds, from pleadings to judgment. In this episode, we discuss: Starting a lawsuit: pleadings and service of process Defendant's response and Rule 12 motions Amendmen
305: Spotlight on Civil Procedure (Part 2 – Discovery)
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about discovery, or obtaining evidence from other parties. In this episode, we discuss: Scope of discovery Instruments for discovering information Discovery disputes and resolutions Re
304: Spotlight on Civil Procedure (Part 1 – Jurisdiction)
Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. Today we're talking about jurisdiction, or the power of a court to try a matter. In this episode, we discuss: Subject matter jurisdiction Personal jurisdiction Venue and forum non conveniens Exam strategy for ju
303: Listen and Learn -- Injunctions and Restraining Orders (Civ Pro)
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing the concept of injunctive relief (Federal Rules of Civil Procedure Rule 65). We introduce three types of injunctions – temporary restraining orders (TROs), preliminary injunctions, and permanent injunctions, and the elements necessary for obtaining each of them. In this episode, we disc
The Aftermath of the February 2025 California Bar Exam
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the turmoil surrounding the recent California bar exam. We highlight the inadequate preparation, technical issues, and potential future repercussions on law students and bar exam candidates. Tune in to learn more about the situation and hear about potential next steps and advice for those impacted. In this episode, we discuss:
302: Listen and Learn -- More on Discovery (Civ Pro)
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure – specifically, the following topics related to discovery: motions to compel, interrogatories, and physical/mental examinations. In this episode, we discuss: An overview of discovery The specific rules related to motions to compel, interrogatories, and physical/mental ex
301: Listen and Learn -- Professional Responsibility: Fee Agreements
Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Listen and Learn" series, we're focusing on a topic from professional responsibility - namely, lawyer fee agreements. These are governed by Rule 1.5 of both the ABA and the California Rules of Professional Conduct. In this episode, we discuss: The general rules a lawyer must follow when entering into a fee agreement with their
300: Milestone Episode! Top 5 Tips for Passing the Bar Exam
Welcome back to the Bar Exam Toolbox podcast! Tune in for a special milestone episode today (number 300), where we share our top 5 tips for passing the bar exam. In this episode, we discuss: Making the most of your bar exam practice Organizing your life during the bar prep period Acting vs. passive learning Looking at the bar exam in the grand scheme of things The mental aspect of preparing
299: Breaking Down Bar Prep (w/Stephanie Acosta from UWorld/Themis)
Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with guest Stephanie Acosta - Director of Legal Education at UWorld (which acquired Themis Bar Review) - about how they develop comprehensive and engaging bar study materials. We also share tips on effective study techniques, self-assessment, and managing mental health during bar prep. Note: This episode is sponsored by Themis Bar
298: Spotlight on Contracts (Part 2)
Welcome back to the Bar Exam Toolbox podcast! In this episode we're continuing to review the concepts from Contract Law we've covered in our "Listen and Learn" series. In this episode, we discuss: Expectation and consequential damages Incidental, reliance, and restitution damages UCC expectation damages Third-party rights in contracts Resources: Private Bar Exam Tutoring (https://barexamtoo
297: Listen and Learn -- Third-Party Rights in Contracts (Part 2 - Beneficiaries)
Welcome back to the Bar Exam Toolbox podcast! This is the second episode of a two-part discussion of third-party rights in contracts. Last time we covered assignments and delegations, and today we focus on third-party beneficiaries. In this episode, we discuss: A recap of assignment and delegation of contractual rights and obligations Intended and incidental third-party beneficiaries Illustrative
296: Listen and Learn -- Third-Party Rights in Contracts (Part 1 - Rules)
Welcome back to the Bar Exam Toolbox podcast! This is the first episode of a two-part discussion of third-party rights in contracts. Today we focus on assignments and delegations, starting with the basic definitions and the specific rules governing them, and then applying these concepts to some practical scenarios. Next week, we'll cover third-party beneficiaries. In this episode, we discuss: Ove
295: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
Welcome back to the Bar Exam Toolbox podcast! Today, we're expanding on the topic of legal remedies for breach of contract, which we started covering in Episode 171. This time we look at the rules governing incidental, reliance, and restitution damages and apply the law to two fact patterns. In this episode, we discuss: The rules governing: Incidental damages Reliance damages Restitution damag
294: Should You Apply for Jobs During Bar Prep? (w/Sadie Jones)
Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with former BigLaw recruiter Sadie Jones about whether it's feasible to apply for jobs while studying for the bar exam. We explore scenarios such as graduates who failed the bar the first time, 3Ls without job offers, and those with job offers contingent on passing the bar. In this episode, we discuss: The realities of job huntin
293: Spotlight on Contracts (Part 1)
Welcome back to the Bar Exam Toolbox podcast! Today we're reviewing the concepts from Contract Law we've covered in our "Listen and Learn" series. In this episode, we discuss: The basics of contract formation The parol evidence rule Performance and breach of contract Anticipatory repudiation and defenses Attack plan for analyzing contract formation and performance issues Resources: Private
292: Listen and Learn -- Excuses for Non-Performance of a Contract
Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we're exploring the situations in which a party to a contract is claiming that their contractual obligations should be discharged as a result of supervening events that occurred after the formation of the contract. The three excuses for non-performance of a contract we'll look at are: impossibility, i
291: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting
Welcome back to the Bar Exam Toolbox podcast! This is the second part of our discussion on landlord/tenant law. In this episode, we focus on the differences between lease assignment and subletting. In this episode, we discuss: Assignment of a lease Subletting a property A sample question illustrating the concept of lease assignment Resources: "Listen and Learn" series (https://barexamtoolbox.
290: Q&A About Retaking the Bar Exam
Welcome back to the Bar Exam Toolbox podcast! It's the season for bar results, and we've been talking with bar takers who didn't pass this time. Today, we've compiled a list of common questions we get about score reports, next steps, and getting mentally ready to study again. In this episode, we discuss: Where to focus your study time Deciding when to retake the bar exam Should you use the same
289: Listen and Learn -- Landlord/Tenant Law (Part 1)
Welcome back to the Bar Exam Toolbox podcast! In this episode, we discuss the essentials of leaseholds in landlord/tenant law. We cover the different types of leasehold estates, as well as the obligations of tenants and landlords, and we analyze a sample question. In Part 2, we'll focus on assignment and subletting. In this episode, we discuss: The four types of leasehold estates that can be cre
288: Summary of Real Property Topics (Part 2)
Welcome back to the Bar Exam Toolbox podcast! Today, we're continuing our overview of key Real Property topics from our "Listen and Learn" series. In this episode, we're focusing on property regulation and transfer. In this episode, we discuss: Zoning ordinances and variances The three types of recording statutes Overview of adverse possession Constructive eviction in landlord/tenant law Exam
287: Summary of Real Property Topics (Part 1)
Welcome back to the Bar Exam Toolbox podcast! Today, we're taking a bird's eye view of some key Real Property topics we've covered in our "Listen and Learn" series. Specifically, we're focusing on property ownership and interests. Next week, we'll discuss property regulation and transfer. In this episode, we discuss: Concurrent estates Present and future estates Defeasible fees Non-possessory
286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing a topic from Civil Procedure – specifically, when is a pleading conclusory under the Twombly/Iqbal standard for assessing Rule 12(b)(6) motions to dismiss. In this episode, we discuss: Overview of Federal Rule of Civil Procedure 12(b)(6) Legal conclusions vs. factual allegations Analysi
285: Reflections from a California Bar Exam Grader – Part 2 (w/Jennifer Barry)
Welcome back to the Bar Exam Toolbox podcast! Today we're sharing Part 2 of our conversation with Jennifer Barry -- a tutor on the Bar Exam Toolbox team who's a former California bar exam grader. This time, we're focusing on avoiding common mistakes that examinees make. In this episode, we discuss: Common mistakes that bar examinees make Handwriting vs. typing your exam answers Following direc
284: Reflections from a California Bar Grader – Part 1 (w/Jennifer Barry)
Welcome back to the Bar Exam Toolbox podcast! Have you ever wondered what it's like to be a California bar exam grader? Today we have Jennifer Barry -- a member of the Bar Exam Toolbox team and a former California bar grader -- to shed some light on the bar exam evaluation process and what graders are looking for in essay answers. In this episode, we discuss: Jennifer's background and how she
283: Quick Tips -- Bar Exam Pre-Logistics
Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Quick Tips" series, we have a bar exam survival kit, consisting of five important things to think about while preparing to sit for an exam administration. In this episode, we discuss: Deciding when and where to sit for the bar exam Knowing your jurisdiction Doing thorough research Taking note of all the deadlines The MPRE and c
282: The Most Common Reasons People Fail the Bar Exam (w/Ryan Gurson from Themis)
Welcome back to the Bar Exam Toolbox podcast! Today, we're speaking with guest Ryan Gurson -- attorney and Southeast Regional Director for Themis Bar Review. We're discussing preparation strategies for the bar exam, emphasizing the importance of comprehensive course completion, effective practice, and avoiding common pitfalls that lead to failing the exam. Note: This episode is sponsored by Themis
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