- If you don't know the rule, make it up. Seriously. Basically, he suggests that if we look at an exam question and have absolutely no idea what it's talking about or can't, for example, remember the elements necessary to prove defamation, to simply make up a rule and apply it to the given facts. You will get some points for the application of your made-up rule to the facts given. His caveat: you don't want to be doing this all the time.
- As part of the above rule, he noted that it is very easy to make up a rule by simply throwing in a bunch of key terms relating to the subject. Example, in any negligence action, just thrown words like "reasonable prudent person" and "foreseeable" into a rule.
- If you don't feel comfortable making up the law, just discuss the facts. Talk about who the plaintiff is and why he's suing the defendant. Apparently, you will get at least some points just for just discussing the facts. And, chances are, as you're discussing the facts you'll start remembering the causes of action and (hopefully) the elements necessary to prove those causes of action.
- Do not refer to nmemonic devices as proper rules. Example, when saying that character evidence may be admissible to prove Motive, Intent, Mistake, Identity, or Common plan or scheme, do not write on the essay "Admissible under MIMIC rule" as the phrase "MIMIC rule" has no actual legal significance but, rather, is a merely a nmemonic device used to help remember when character evidence is admissible.
- Bar exam graders spend about 2 minutes grading each essay; each essay should be approximately 5 to 6 pages long. Apparently, a former student of Professor Sakai who is now a bar grader said that he spends about 20 minutes grading 10 essays. How on earth graders manage to read 5 to 6 pages of a bar exam essay in just 2 minutes is beyond me. Do they just scan and look for key terms?
- Do not copy and paste an analysis in subsection (a) of the problem if applicable in subsection (b) of the problem. Simply say "see above." Bar graders get it and you don't want to piss them off with an answer exceeding the suggested 5 to 6 pages.
- If you're already behind in the bar/bri's "paced program" do NOT try to catch up. Stay current in the assignments or you may always be behind. Try to reserve some time toward the end of the summer to go back and catch up on things, but don't try to "chase" the schedule to catch up. So, if you haven't done the torts or evidence assignments, blow them off for the time being. Personally, I agree with the whole stay current thing, but I definitely think you should work on catching up throughout rather than waiting until the end of summer. Evidence and Torts seem too important to simply blow off and hope that there's enough time to learn it later.
What I learned from yesterday's torts lecture:
- If you don't know the law, make it up on the essay. See above.
- Now is not the time to break up with your significant other. Because bar review lectures are the perfect place for dating advice...Apparently, another professor starts the first day of bar/bri by announcing, "If you're in a bad relationship break up today or plan on staying in the relationship for the next couple months."
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