See link below to read a synopsis of the case. Good show!
March/April 2010 Law Student Journal Discusses Ruling
Tuesday, September 21, 2010
Monday, September 20, 2010
The Ethical Quandry
is the name of a blog from Hinshaw & Culberson, LLP which, among other things, discusses an proposed ammendement in California's ethical rules for attorneys as compared to the Model Rules. . .See link below.
http://blog.hinshawlaw.com/theethicalquandary/
http://blog.hinshawlaw.com/theethicalquandary/
Tuesday, September 14, 2010
Illinois Bar Exam Google Group - New!
New! Please join the Illinois Bar Exam Google Group. Files related to Illinois specific essays can be posted and shared. (See sidebar under Illinois Google Group to subscribe.)
Moreover, is there anyone out there who would like to become part of a study group (or be a study partner) in a quest to pass the Illinois Bar exam? If so, join the group and please shoot me an email at: kstudylaw@gmail.com.
Moreover, is there anyone out there who would like to become part of a study group (or be a study partner) in a quest to pass the Illinois Bar exam? If so, join the group and please shoot me an email at: kstudylaw@gmail.com.
Thursday, September 9, 2010
Big Brother is Watching
This is the title of an article in Time magazine, published 9/13/2010. And, the issue being litigated makes a great exam question for the California bar examiners (or any other bar or law school exam.)
What is the issue? Do police have the right, without a warrant, to place a GPS tracking device on the bottom of your car while your car is parked on the driveway of your home? The 9th circuit concluded that "this doesn't violate your 4th amend. right because, without a gate or no-trespassing sign, you do not have any reasonable expectation of privacy in your own driveway."
This holding, in turn, caused me to explore GPS tracking devices that you can install on your telephone to track the location of your children (if you have them) or, perhaps, to determine the location of your "cheating" spouse. It begs the question, "Do I really want to have the GPS device on my cell phone enabled?"
The dissent in the aforementioned holding, Chief Judge Alex Kozinksi, "pointed out that by this logic, only wealthy people who protect their property with electric gates and security booths have a zone of privacy around their homes. . .[and that] the government is free to use [the GPS device] to track people without getting a warrant."
Given the twist in Cal Bar's July 2010 bar exam concerning pedestrian checkpoints, it might be a good idea to watch the outcome of this case which is expected to go up to the Supreme Court given that a recent case in another appellate court (D.C.) ruled opposite the holding in the 9th circuit.
What is the issue? Do police have the right, without a warrant, to place a GPS tracking device on the bottom of your car while your car is parked on the driveway of your home? The 9th circuit concluded that "this doesn't violate your 4th amend. right because, without a gate or no-trespassing sign, you do not have any reasonable expectation of privacy in your own driveway."
This holding, in turn, caused me to explore GPS tracking devices that you can install on your telephone to track the location of your children (if you have them) or, perhaps, to determine the location of your "cheating" spouse. It begs the question, "Do I really want to have the GPS device on my cell phone enabled?"
The dissent in the aforementioned holding, Chief Judge Alex Kozinksi, "pointed out that by this logic, only wealthy people who protect their property with electric gates and security booths have a zone of privacy around their homes. . .[and that] the government is free to use [the GPS device] to track people without getting a warrant."
Given the twist in Cal Bar's July 2010 bar exam concerning pedestrian checkpoints, it might be a good idea to watch the outcome of this case which is expected to go up to the Supreme Court given that a recent case in another appellate court (D.C.) ruled opposite the holding in the 9th circuit.
Thursday, September 2, 2010
Ilinois Bar Exam Material
Like many, I have been balancing contract work for law firms and trying to make ends meet. Thus, I am doing the IL Bar Exam "on the cheap."
I will be downloading all the MEE essay material from the NCBE Web site (see sidebar to my blog under Illinois Bar exam.) The remaining MEE material I will need to acquire directly from NCBE (e.g. National Conference of Bar Examiners.) I use the actual bar exam material to develop a series of rule statements and essay templates.
I will also download all the MPT material from the same site and using it to study ala my tips found in recent posts.
As it concerns the Illinois Essay Exams (IEE's), I have copied almost ten years of recent exam material, sans model answers and will be outlining these essays. Illinois does not publish their questions or answers, however, Bar Bri does have an Illinois specific book on these essays. Feel free to contact me directly at: kstudylaw@gmail.com concerning this material.
Funny that the IEE for Feb. 2010 was modeled after the SF Giants and their errant million dollar baseball. Here's where recent case law was really relevant!
To find bar exam material "on the cheap," check craig's list, amazon.com, e-bay and the like. Since I understand that IL changed the IEE's in 2007, with less emphasis on Civ Pro, the later editions of Bar Bri material are probably better given this.
I'm still gathering some of my submissions for the IL Bar examiners as well as scraping the $ together to register for the exam.
And, I am less hopeful that I'll have ExamSoft to rely on. I'll probably hand-write my practice answers to the exam because Illinois, unlike California, seems to do things the old fashioned way. (How unfortunate!)
I will be downloading all the MEE essay material from the NCBE Web site (see sidebar to my blog under Illinois Bar exam.) The remaining MEE material I will need to acquire directly from NCBE (e.g. National Conference of Bar Examiners.) I use the actual bar exam material to develop a series of rule statements and essay templates.
I will also download all the MPT material from the same site and using it to study ala my tips found in recent posts.
As it concerns the Illinois Essay Exams (IEE's), I have copied almost ten years of recent exam material, sans model answers and will be outlining these essays. Illinois does not publish their questions or answers, however, Bar Bri does have an Illinois specific book on these essays. Feel free to contact me directly at: kstudylaw@gmail.com concerning this material.
Funny that the IEE for Feb. 2010 was modeled after the SF Giants and their errant million dollar baseball. Here's where recent case law was really relevant!
To find bar exam material "on the cheap," check craig's list, amazon.com, e-bay and the like. Since I understand that IL changed the IEE's in 2007, with less emphasis on Civ Pro, the later editions of Bar Bri material are probably better given this.
I'm still gathering some of my submissions for the IL Bar examiners as well as scraping the $ together to register for the exam.
And, I am less hopeful that I'll have ExamSoft to rely on. I'll probably hand-write my practice answers to the exam because Illinois, unlike California, seems to do things the old fashioned way. (How unfortunate!)
Tuesday, August 31, 2010
NOW Challenges the California Bar Exam!
The National Organization of Women, California, is challenging the format and fairness of the California bar exam. An excerpt of an article on their Web site follows, an article written by an accomodated student who took the exam in Braille. . .
"The media would have all of the thousands who failed, believe that we need only go back and study harder. I contend the Bar examination is ridden with faults and it is the exam that needs reforms. The National Organization for Women has taken up this cause. Join this effort by writing your congressional representative and demand an oversight hearing of California Bar examination and admission policies."
Please see link to article below:
http://www.canow.org/canoworg/2010/06/the-california-bar-exam-treadmill.html
"The media would have all of the thousands who failed, believe that we need only go back and study harder. I contend the Bar examination is ridden with faults and it is the exam that needs reforms. The National Organization for Women has taken up this cause. Join this effort by writing your congressional representative and demand an oversight hearing of California Bar examination and admission policies."
Please see link to article below:
http://www.canow.org/canoworg/2010/06/the-california-bar-exam-treadmill.html
Tips for Preparing for the California Bar Exam
Having received some inquiries related to the above, I'll attempt to summarize my tips:
Background:
The California Bar exam is heavily weighted towards the written portion of the exam and counts for 65% of the overall score. Each PT (performance exam) counts for two essays; there are 6 essays in all and 2 PT's.
The MBE portion of the exam counts for 35% of the scaled score.
Day 1 and Day 3 consists of 3 essays in the morning, and one PT in the afternoon. Day 2 consists solely of the MBE's; 100 questions in the morning and 100 questions in the afternoon.
MBE's
Read Strategies and Tactics by Walton after tackling at least 500 Bar Bri or PMBR MBE's. S&T provides insights into what the examiners are testing and ACTUAL bar exam questions. (See sidebar on blog.)
Do the on-line NCBE questions. You can purchase two sets of 100 questions for $26.00 each and the license is good for one year. (See sidebar on blog.)
Do a minimum of 2,000 MBE's and track the rule statements and trigger facts from missed questions.
If you can afford it, sign up to Adaptibar or MicroMash. Discounts are available on the blog, "The Life and Times of a Future California Attorney." (See sidebar -- "Blogs I follow.")
Essays and PT's
Download ten years of essays from State Bar of California and every model Recorder answer available. (See sidebar on blog.) Formally outline at least 60, if not all exams. Write another 60 exams under timed conditions. (Adachi's Bar Breaker series also provides great insights to the exam and suggests writing 100 essays as preparation for the bar exam.)
Develop rule statements to use for your own outlines by subject.
Critically analyze your strengths and weaknesses and, if possible, get a tutor to provide critical feedback.
Focus on agency, partnership and corporations. It seems that California is placing more emphasis on these areas and be well versed in Civil Procedure (Fed and Cal).
Walking into the Exam
If you follow these simple tips, you should feel prepared to take the exam. At exam time, controlling anxiety, managing sleep, managing life . . .all can interfere with exam performance . . .
I am following these same, simple steps to prepare for the Illinois Bar exam and learning new law by breaking down the NCBE essays. California does not test on negotiable instruments and secured transactions, administrative law, or state constitutional law.
Background:
The California Bar exam is heavily weighted towards the written portion of the exam and counts for 65% of the overall score. Each PT (performance exam) counts for two essays; there are 6 essays in all and 2 PT's.
The MBE portion of the exam counts for 35% of the scaled score.
Day 1 and Day 3 consists of 3 essays in the morning, and one PT in the afternoon. Day 2 consists solely of the MBE's; 100 questions in the morning and 100 questions in the afternoon.
MBE's
Read Strategies and Tactics by Walton after tackling at least 500 Bar Bri or PMBR MBE's. S&T provides insights into what the examiners are testing and ACTUAL bar exam questions. (See sidebar on blog.)
Do the on-line NCBE questions. You can purchase two sets of 100 questions for $26.00 each and the license is good for one year. (See sidebar on blog.)
Do a minimum of 2,000 MBE's and track the rule statements and trigger facts from missed questions.
If you can afford it, sign up to Adaptibar or MicroMash. Discounts are available on the blog, "The Life and Times of a Future California Attorney." (See sidebar -- "Blogs I follow.")
Essays and PT's
Download ten years of essays from State Bar of California and every model Recorder answer available. (See sidebar on blog.) Formally outline at least 60, if not all exams. Write another 60 exams under timed conditions. (Adachi's Bar Breaker series also provides great insights to the exam and suggests writing 100 essays as preparation for the bar exam.)
Develop rule statements to use for your own outlines by subject.
Critically analyze your strengths and weaknesses and, if possible, get a tutor to provide critical feedback.
Focus on agency, partnership and corporations. It seems that California is placing more emphasis on these areas and be well versed in Civil Procedure (Fed and Cal).
Walking into the Exam
If you follow these simple tips, you should feel prepared to take the exam. At exam time, controlling anxiety, managing sleep, managing life . . .all can interfere with exam performance . . .
I am following these same, simple steps to prepare for the Illinois Bar exam and learning new law by breaking down the NCBE essays. California does not test on negotiable instruments and secured transactions, administrative law, or state constitutional law.
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