S.O.U.N.D. Advice for Addressing Criminal Procedure Questions:
When examining the admission of statements of an accused, look for Miranda violations. Remember that Custody + Interrogation = Miranda Rights. If either custody or interrogation is lacking, then Miranda does not apply.
Sunday, May 31, 2009
Saturday, May 23, 2009
S.O.U.N.D. Advice for Law School, 5.25.09
S.O.U.N.D. Advice on Addressing a Respondeat Superior Issue on a Torts Exam:
When you’re addressing a respondeat superior issue, remember that the employer’s potential liability does not mean that there isn’t a potential cause of action against the employee in negligence—there is. An agent is always liable his or her own actions, and any potential respondeat superior claims spring from those actions. So, you should discuss both potential claims in your essay answer:
· begin by addressing the employee’s underlying negligence,
· then address the employer’s potential liability under the respondeat superior doctrine.
Note, of course, that if there is no negligence by the employee, then there is no claim under respondeat superior against the employer.
Do you need to repeat yourself by listing the elements of negligence when discussing both potential issues? Probably not. If you’ve already addressed all four elements of negligence in detail in your discussion of the employee’s liability, there is no need to do the same when discussing the employer’s liability in the same essay; rather, quickly apply the law to the facts as it applies to the employer, and then conclude. Note, though, that you shouldn’t move on to an entirely new essay question and refer to your discussion of negligence in an earlier question— your knowledge of the law must come across on all applicable principles of law in every single essay you write.
When you’re addressing a respondeat superior issue, remember that the employer’s potential liability does not mean that there isn’t a potential cause of action against the employee in negligence—there is. An agent is always liable his or her own actions, and any potential respondeat superior claims spring from those actions. So, you should discuss both potential claims in your essay answer:
· begin by addressing the employee’s underlying negligence,
· then address the employer’s potential liability under the respondeat superior doctrine.
Note, of course, that if there is no negligence by the employee, then there is no claim under respondeat superior against the employer.
Do you need to repeat yourself by listing the elements of negligence when discussing both potential issues? Probably not. If you’ve already addressed all four elements of negligence in detail in your discussion of the employee’s liability, there is no need to do the same when discussing the employer’s liability in the same essay; rather, quickly apply the law to the facts as it applies to the employer, and then conclude. Note, though, that you shouldn’t move on to an entirely new essay question and refer to your discussion of negligence in an earlier question— your knowledge of the law must come across on all applicable principles of law in every single essay you write.
Introducing the BootCamp Approach to Law School
FOR IMMEDIATE RELEASE
May 14, 2009
CONTACT:
Ursula Furi-Perry, Esq.
furiperry at verizon.net
Introducing the BOOTCAMP Approach to Law School and the Bar Exam
ANDOVER, MASSACHUSETTS – The popularity of law schools is soaring, reports a recent article in the Wall Street Journal. Recent economic pressures have students turning to law school, and it’s easy to see the attraction: the Juris Doctor is a versatile advanced degree that can lead to many exciting career opportunities.
But make no mistake—law school is no easy way to weather the recession: grueling workloads, an often-competitive atmosphere, and foreign legal concepts can make law school a confusing and stressful place. And confused law students can’t turn to the case book for help—they need a concise set of study materials to help them “cut through the fat” and focus on the most important black letter law concepts they need to learn for law school exams and the bar exam.
Created by a group of law deans and law professors, the unique 1L BOOTCAMP and Bar Exam BOOTCAMP products offer a concise yet comprehensive “basic training” approach to academic success in law school and preparation for the bar exam. “We condense three years of law school into easy-to-remember expressions and mnemonics,” said Michael L. Coyne, a law school dean and co-creator of the BOOTCAMP products. “As educators, we understand effective teaching and student retention of information.”
And just what makes for effective preparation? Coyne cites five “S.O.U.N.D.” keys to success:
Bar Essay BOOTCAMP Intensive Essay Course
1L BOOTCAMP Law School Essay Book
Bar Exam BOOTCAMP Substantive Bar Review Book
BOOTCAMP Goodmarx
1L BOOTCAMP Substantive Law School Review Book
BOOTCAMP Flash Cards
1L BOOTCAMP: The Game
For more information about the BOOTCAMP approach to studying for law school and the bar exam, please contact Ursula Furi-Perry at furiperry at verizon.net or visit www.barexambootcamp.com and www.1lbootcamp.com
May 14, 2009
CONTACT:
Ursula Furi-Perry, Esq.
furiperry at verizon.net
Introducing the BOOTCAMP Approach to Law School and the Bar Exam
ANDOVER, MASSACHUSETTS – The popularity of law schools is soaring, reports a recent article in the Wall Street Journal. Recent economic pressures have students turning to law school, and it’s easy to see the attraction: the Juris Doctor is a versatile advanced degree that can lead to many exciting career opportunities.
But make no mistake—law school is no easy way to weather the recession: grueling workloads, an often-competitive atmosphere, and foreign legal concepts can make law school a confusing and stressful place. And confused law students can’t turn to the case book for help—they need a concise set of study materials to help them “cut through the fat” and focus on the most important black letter law concepts they need to learn for law school exams and the bar exam.
Created by a group of law deans and law professors, the unique 1L BOOTCAMP and Bar Exam BOOTCAMP products offer a concise yet comprehensive “basic training” approach to academic success in law school and preparation for the bar exam. “We condense three years of law school into easy-to-remember expressions and mnemonics,” said Michael L. Coyne, a law school dean and co-creator of the BOOTCAMP products. “As educators, we understand effective teaching and student retention of information.”
And just what makes for effective preparation? Coyne cites five “S.O.U.N.D.” keys to success:
- Strong analytical skills
- Organization
- Understanding of the material
- Necessary and focused practice
- Definitions of key principles
“We stress the basics, focus on essential skills, and polish that knowledge through drills,” says Coyne. “The key is to know the law until it is second nature, systematically apply it, and think and write clearly and authoritatively.”
Recognizing that students need to master the same exact concepts and skills for law school as they do for the bar exam, BOOTCAMP creators have designed a line of products that emphasizes essential legal concepts from the first day forward. “Preparation for the bar examination starts on day one of law school,” explains Coyne. “From that day, there are 1,050 days to the bar examination—and as students begin their second year, they have less than 700 days to go. Every day should be used to craft a deep understanding of the law. If students work with our materials throughout law school, not only will they enjoy the preparation, but they will also gain confidence in their understanding of the law and enhance their performance on their law school examinations and the bar exam.”
The BOOTCAMP approach is an affordable alternative to pricey bar exam prep courses. With its S.O.U.N.D. self-study plan, attractively priced books and study materials, and affordable courses, the BOOTCAMP line of products offers a solution for every student’s budget. The following components comprise the BOOTCAMP family of products and review materials:
Bar Essay BOOTCAMP Intensive Essay Course
1L BOOTCAMP Law School Essay Book
Bar Exam BOOTCAMP Substantive Bar Review Book
BOOTCAMP Goodmarx
1L BOOTCAMP Substantive Law School Review Book
BOOTCAMP Flash Cards
1L BOOTCAMP: The Game
For more information about the BOOTCAMP approach to studying for law school and the bar exam, please contact Ursula Furi-Perry at furiperry at verizon.net or visit www.barexambootcamp.com and www.1lbootcamp.com
Sunday, May 17, 2009
S.O.U.N.D. Advice for Law School, 5.18.09
S.O.U.N.D. Advice on Studying:
Consider different study materials and techniques, but ultimately DO figure out what study methods work best for YOU. It doesn’t matter what methods worked well for your classmate, your study group partner, or the lawyer who lives down the street. We all learn differently. Whether you choose to study off of your outlines, make flash cards, or use flow charts or some other study method is up to you. In fact, you’ll probably find that you’ll have to experiment with several study tools and methods before you find the one that’s the right fit. Generally, involving as many senses as possible in the learning process enhances understanding and retention—for many students, it helps to “see it, hear it, say it, and write it.”
Consider different study materials and techniques, but ultimately DO figure out what study methods work best for YOU. It doesn’t matter what methods worked well for your classmate, your study group partner, or the lawyer who lives down the street. We all learn differently. Whether you choose to study off of your outlines, make flash cards, or use flow charts or some other study method is up to you. In fact, you’ll probably find that you’ll have to experiment with several study tools and methods before you find the one that’s the right fit. Generally, involving as many senses as possible in the learning process enhances understanding and retention—for many students, it helps to “see it, hear it, say it, and write it.”
Saturday, May 9, 2009
S.O.U.N.D. Advice for Law School 5.11.09
S.O.U.N.D. Advice for Contracts Exams:
Read the exam carefully to spot where the offer and acceptance take place, and be able to differentiate between pre-contractual negotiations and offers. Remember: A party negotiating the terms of a contract is free to end the negotiations and not be subject to liability. Thus, a party who relies on an offer (prior to accepting the offer), or who relies on a belief that negotiations will ultimately result in a contract, has no cause of action if the offer is revoked before acceptance, or if no contract is ultimately agreed to. Some exceptions to this rule are if unjust enrichment results, or there is a misrepresentation during negotiations, or one party breaches its promise to negotiate in good faith.
Read the exam carefully to spot where the offer and acceptance take place, and be able to differentiate between pre-contractual negotiations and offers. Remember: A party negotiating the terms of a contract is free to end the negotiations and not be subject to liability. Thus, a party who relies on an offer (prior to accepting the offer), or who relies on a belief that negotiations will ultimately result in a contract, has no cause of action if the offer is revoked before acceptance, or if no contract is ultimately agreed to. Some exceptions to this rule are if unjust enrichment results, or there is a misrepresentation during negotiations, or one party breaches its promise to negotiate in good faith.
Saturday, May 2, 2009
S.O.U.N.D. Advice for Law School, 5.4.09
A Civil Procedure S.O.U.N.D. Byte:
Outcome Determinative Test: The outcome determinative test says that results in diversity suits – and for that matter, supplemental claims as well – should be the same as they would be in the state court hearing that same matter, unless there is a federal rule of civil procedure directly on point or where an important federal right is at stake.
Outcome Determinative Test: The outcome determinative test says that results in diversity suits – and for that matter, supplemental claims as well – should be the same as they would be in the state court hearing that same matter, unless there is a federal rule of civil procedure directly on point or where an important federal right is at stake.
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