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.
Saturday, April 25, 2009
S.O.U.N.D. Advice for Law School, 4.27.09
S.O.U.N.D. Advice on Legal Writing:
Avoid “legalese” and strive to use shorter words and phrases in place of unnecessarily long ones. Also use action verbs and the active voice, which will make your writing appear stronger and more concise. In many cases, one precise word can express your meaning just as well as a lengthy term. For example:
“because” means the same as “due to the fact that;”
“except” is the same as “with the exception that;”
“determined” means the same as “made a determination that;”
“until such time as” is the same as “until.”
Simpler legal writing not only makes you sound more sophisticated, but also helps you save precious seconds when writing law school exams.
Avoid “legalese” and strive to use shorter words and phrases in place of unnecessarily long ones. Also use action verbs and the active voice, which will make your writing appear stronger and more concise. In many cases, one precise word can express your meaning just as well as a lengthy term. For example:
“because” means the same as “due to the fact that;”
“except” is the same as “with the exception that;”
“determined” means the same as “made a determination that;”
“until such time as” is the same as “until.”
Simpler legal writing not only makes you sound more sophisticated, but also helps you save precious seconds when writing law school exams.
1L BOOTCAMP Authors in the News
1L BOOTCAMP Author Ursula Furi-Perry gave advice on law school selection on the LSAT Blog
Authors Michael Coyne and Ursula Furi-Perry were interviewed about law student ethics and professionalism in the February National Jurist
Authors Michael Coyne and Ursula Furi-Perry were interviewed about law student ethics and professionalism in the February National Jurist
Monday, April 20, 2009
S.O.U.N.D. Advice for Law School, 4.20.09
S.O.U.N.D. Advice on Thinking Ahead:
Recognize that bar exam success starts on the first day of law school. Law school GPA directly correlates to the chances of passing the bar examination on the first try. If you haven’t done well in law school, recognize that you should start your bar preparation earlier and you will need to work harder than others who started their preparation on the first day of law school.
Need bar exam help? Visit the Bar Exam BOOTCAMP Blog for tips, advice and up-to-date news!
Recognize that bar exam success starts on the first day of law school. Law school GPA directly correlates to the chances of passing the bar examination on the first try. If you haven’t done well in law school, recognize that you should start your bar preparation earlier and you will need to work harder than others who started their preparation on the first day of law school.
Need bar exam help? Visit the Bar Exam BOOTCAMP Blog for tips, advice and up-to-date news!
Online Resources for Law Students
Are you a law student or a student interested in going to law school?
We like the following online resources about law school:
FindLaw for Students
Law Student Suggested Sites on the ABA's Law Student Division Website
The National Jurist and Prelaw Magazine
West Law Student Resources
Equal Justice Works
We like the following online resources about law school:
FindLaw for Students
Law Student Suggested Sites on the ABA's Law Student Division Website
The National Jurist and Prelaw Magazine
West Law Student Resources
Equal Justice Works
Monday, April 13, 2009
S.O.U.N.D. Advice for Law School 4.13.09
S.O.U.N.D. Advice for Studying Black Letter Law in Law School:
On exams, state the right rule—-it may seem elementary, but it’s important. As you study for the exam, it’s important that you have memorized a short SoundByte for every major rule and element, and that you’re able to relay the rule of law on the exam correctly, effectively, and efficiently.
On exams, state the right rule—-it may seem elementary, but it’s important. As you study for the exam, it’s important that you have memorized a short SoundByte for every major rule and element, and that you’re able to relay the rule of law on the exam correctly, effectively, and efficiently.
Saturday, April 4, 2009
S.O.U.N.D. Advice for Law School, 4.6.09
S.O.U.N.D. Advice on Taking Practice Exams:
When you are taking practice exams, make sure your test-taking conditions are as close as possible to the real deal. For example, if you are a night student and your exam will be given in the evening, then you should take your practice exams at the same time. Also, time yourself on practice exams and stick to the allotted time limit in order to get accustomed to analyzing and writing under time constraints.
When you are taking practice exams, make sure your test-taking conditions are as close as possible to the real deal. For example, if you are a night student and your exam will be given in the evening, then you should take your practice exams at the same time. Also, time yourself on practice exams and stick to the allotted time limit in order to get accustomed to analyzing and writing under time constraints.
S.O.U.N.D. Advice for Law School, 3.30.09
S.O.U.N.D. Advice on Law School Exams:
Read the exam multiple times to be sure you’ve spotted all relevant issues. Read through the whole question first and circle or underline anything that presents an issue or corresponds to an issue. Then, re-read the exam one sentence at a time to ensure you haven’t missed anything else.
Read the exam multiple times to be sure you’ve spotted all relevant issues. Read through the whole question first and circle or underline anything that presents an issue or corresponds to an issue. Then, re-read the exam one sentence at a time to ensure you haven’t missed anything else.
Ten Commandments for Academic Success in Law School
The Ten Commandments of Academic Success in Law School, developed by the authors of 1L BOOTCAMP:
1. Show up and do the work! This may seem elementary, but it’s important nonetheless. Succeeding in law school means doing the reading, briefing, and studying that’s assigned.
2. Figure out what works for you—and stick to it. There isn’t necessarily a “right” or “wrong” way to study in law school, and different study methods work for different law students. Be it study groups or flash cards, experiment with various study methods and tools to find out what works best with your learning style. Be careful of relying too much on commercial study materials: use them as additional study tools, but don’t think they can replace studying the material on your own.
3. Learn to cull the most important information, put it into an organized format, and update regularly as you move through each semester. The cases are important because they illustrate how the black letter law plays out in different situations, but you must still learn the black letter law and how to apply it appropriately in order to succeed on your law school exams (and, ultimately, the bar exam.) Whether you use a traditional outline, flow charts, or some other method, you must learn to spot the information that’s important, create an organized method for putting that information together, and keep up with your work.
4. Hone the skills you’ll need for writing a successful law school exam. These include issue spotting skills, analytical skills, logical thinking skills, and writing skills. Learning the material is only the beginning; you must also be able to convey effectively what you’ve learned on your exams. To hone the skills you need, practice exam-taking under test conditions. Many professors post their past exams or put them on reserve at the law library; use those past exams to practice issue spotting, IRAC analysis, logical thinking, and essay writing. If your school doesn’t put past exams on reserve, then search online for sample law school examinations.
5. Develop effective and efficient study habits. At the beginning of each semester, come up with the amount of time you’ll need to spend on studying each week, then schedule in your study time, work schedule, and social activities and follow the schedule you set. Prepare for the program, the class, and the professor: different professors and different courses can require different methods of preparation, analysis, and writing. Learn to figure out what your professors expect from you (it never hurts to ask!) and prepare accordingly.
6. Take advantage of the resources that your school offers, including: writing labs; tutoring; practice exams; study sessions; guided study groups; academic workshops; and other academic and student support programs. Don’t be afraid to ask for help. Make sure you seek out additional assistance at the first sign of academic difficulty: it’s best to address academic issues as early as possible.
7. Take advantage of opportunities for practical education and experience that your law school offers. Law school teaches you to think like a lawyer—but clinical and practical programs can show you what law practice is like, provide you with great experience, and offer you a way to stand out among other candidates for employment. Seek out law student clinics, externships or internships, and student activities that introduce you to law practice.
8. Participate in class and get involved in your law school community. Professors notice students who participate freely and intelligently, and you will get more out of your law school experience if you do.
9. Beat law school burn-out. With a rigorous curriculum, grueling work schedule, and often competitive atmosphere, law school can afford few chances for work-life balance. But staying balanced is a must, in order to avoid burn-out. Learn to compartmentalize various responsibilities, be it studying, work, internships, or family time; then, prioritize and plan your schedule to handle all of your responsibilities. And make sure you make time for yourself: carve out some time for an activity that you enjoy.
10. Customize your legal education: explore various academic programs, opportunities for practical education, social and service activities, and other resources to help you find what you want to do. Following your passion is paramount. In the end, your law school experience – just like your legal career – should be about you.
Originally published by the Center for Law Student Ethics at the Massachusetts School of Law.
1. Show up and do the work! This may seem elementary, but it’s important nonetheless. Succeeding in law school means doing the reading, briefing, and studying that’s assigned.
2. Figure out what works for you—and stick to it. There isn’t necessarily a “right” or “wrong” way to study in law school, and different study methods work for different law students. Be it study groups or flash cards, experiment with various study methods and tools to find out what works best with your learning style. Be careful of relying too much on commercial study materials: use them as additional study tools, but don’t think they can replace studying the material on your own.
3. Learn to cull the most important information, put it into an organized format, and update regularly as you move through each semester. The cases are important because they illustrate how the black letter law plays out in different situations, but you must still learn the black letter law and how to apply it appropriately in order to succeed on your law school exams (and, ultimately, the bar exam.) Whether you use a traditional outline, flow charts, or some other method, you must learn to spot the information that’s important, create an organized method for putting that information together, and keep up with your work.
4. Hone the skills you’ll need for writing a successful law school exam. These include issue spotting skills, analytical skills, logical thinking skills, and writing skills. Learning the material is only the beginning; you must also be able to convey effectively what you’ve learned on your exams. To hone the skills you need, practice exam-taking under test conditions. Many professors post their past exams or put them on reserve at the law library; use those past exams to practice issue spotting, IRAC analysis, logical thinking, and essay writing. If your school doesn’t put past exams on reserve, then search online for sample law school examinations.
5. Develop effective and efficient study habits. At the beginning of each semester, come up with the amount of time you’ll need to spend on studying each week, then schedule in your study time, work schedule, and social activities and follow the schedule you set. Prepare for the program, the class, and the professor: different professors and different courses can require different methods of preparation, analysis, and writing. Learn to figure out what your professors expect from you (it never hurts to ask!) and prepare accordingly.
6. Take advantage of the resources that your school offers, including: writing labs; tutoring; practice exams; study sessions; guided study groups; academic workshops; and other academic and student support programs. Don’t be afraid to ask for help. Make sure you seek out additional assistance at the first sign of academic difficulty: it’s best to address academic issues as early as possible.
7. Take advantage of opportunities for practical education and experience that your law school offers. Law school teaches you to think like a lawyer—but clinical and practical programs can show you what law practice is like, provide you with great experience, and offer you a way to stand out among other candidates for employment. Seek out law student clinics, externships or internships, and student activities that introduce you to law practice.
8. Participate in class and get involved in your law school community. Professors notice students who participate freely and intelligently, and you will get more out of your law school experience if you do.
9. Beat law school burn-out. With a rigorous curriculum, grueling work schedule, and often competitive atmosphere, law school can afford few chances for work-life balance. But staying balanced is a must, in order to avoid burn-out. Learn to compartmentalize various responsibilities, be it studying, work, internships, or family time; then, prioritize and plan your schedule to handle all of your responsibilities. And make sure you make time for yourself: carve out some time for an activity that you enjoy.
10. Customize your legal education: explore various academic programs, opportunities for practical education, social and service activities, and other resources to help you find what you want to do. Following your passion is paramount. In the end, your law school experience – just like your legal career – should be about you.
Originally published by the Center for Law Student Ethics at the Massachusetts School of Law.
Subscribe to:
Posts (Atom)
