Monday, January 30, 2012

Boning Up on Searches and Curtilege - U.S. Supreme Court Opinion

The following is an excerpt from a just published opinion from the U.S.Supreme Court; U.S. v. Jones makes excellent fodder for a bar exam relating to Constitutional Law and Criminal Procedure.

"The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle registered to respondent Jones’s wife. The warrant authorized installation in the District of Columbia and within 10 days, but agents installed the device on the 11th day and in Maryland. The Government then tracked the vehicle’s movements for 28 days. It subsequentlysecured an indictment of Jones and others on drug trafficking conspiracy charges. The District Court suppressed the GPS data obtained while the vehicle was parked at Jones’s residence, but held the remaining data admissible because Jones had no reasonable expectation of privacy when the vehicle was on public streets. Jones was convicted. The D. C. Circuit reversed, concluding that admission of the evidence obtained by warrantless use of the GPS device violated the Fourth Amendment.

HELD:
The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment."

Friday, January 6, 2012

MBE Game Plan and an Unusual Offer

Sometimes I receive comments on my blog that are worthy of posting more than once.  Having (obviously) improved my MBE scores over the my past two attempts (but more than likely scored the highest on the essays and PTs), I attribute my MBE improvement to a few things:

1. Taking the pressure off and not doing MBE's under timed conditions.  Instead, I focused on one MBE at a time, and looked up the answer whether I got the question right or wrong.  In so doing, I learned the black letter law quite well AND I also began to understand the nuances in the manner in which the questions were asked.  I worked subject by subject - painstakingly - and I gave up my self-talk.  You know, the kind which goes, "I hate, really HATE MBEs."  Instead, I invented new self-talk.  "I love my MBE improvement!"

2. I heard such things as "Do 3,000 MBEs and you'll do fine!"  Well, I did 4,000 MBE's over two exams and I did not do fine.  In fact, I did very poorly indeed.  For this past exam which I (thankfully) passed, I focused on QUALITY and NOT quantity.  Although, I did do about 1,500 MBEs across all six subjects, I learned that my pace picked up and by the time that I sat for the actual exam, I had sufficient time to do 200 questions.

While my private tutor for my 2nd exam was excellent as it related to essay writing, his advice was not as helpful for MBEs.  Instead, I followed the proven method and result of my 2nd bar study partner (thank you, Eric!) and that of the Bar Exam Guru whose link in posted here under "Blogs I follow."

The Guru's MBE study plan and essay templates are excellent and, while I'm not endorsing their program per se, based on their posts, study plans and templates, they seem to resonate with my own game plan to out-strategize the exam.  See an excerpt of Lisa's comment below:

"We are giving away more handouts (essay templates and sample study plans) and we are offering scholarships for the February 2012 and July 2012 bar exam. . .The scholarships are based primarily upon financial need."

So, you why not give them a try! 

July 2011 Cal Bar Exam Essay Answers Posted - Really!

See link to the California Bar Exam Essay Answers ... now what's available is consistent with the state bar intent.

Yeah!

Wednesday, January 4, 2012

July 2011 Cal Bar Exam Essay Answers Posted!

Yes, well, unfortunately the link at the State Bar web site is currently incorrect (but the intent was obviously to post the answers.)

The link to the PT's and answers is correct.  So, at least you can examine the model answers for the PT's!

See link on the right bar of my blog to California Bar Exam essays and answers.