To help you prepare for the upcoming February 2012 bar exam, SIU will offer several supplementary services. These services are in addition to what you get from your commercial bar course - NOT in place of.

Myself and two alums will work diligently this winter to help you succeed on the bar exam.

THERE'S NO TIME LIKE THE PRESENT!
Very soon, you will be engaged in bar study as your commercial bar prep provider has probably provided a schedule suggesting how you should begin. Many of you are using an online version of the bar course to study. Please make sure you are completing the tasks as they have been assigned. You want to get started on time and stay on task so as not to fall behind.

FIRST WORKSHOP - December 21 at 2:00 pm - room TBA
The workshop will focus on Scheduling and Multiple Choice Strategies. The goal here is to supplement what you will receive in your commercial bar prep course by offering detailed advice and strategies regarding scheduling and multiple choice test taking and studying.

If you cannot make it, a recording of this workshop will be available on this blog site.

Please try to avail your selves of these services. We have found over the years that students who participate in supplemental programs such as these greatly increase their chances of success on the bar exam.

WEEKLY ESSAY
The first weekly essay will be posted during the week of December 31st and will be due by Thursday, January 3rd. The essays will be on subjects you will have covered (the first essay will be cover TORTS). We'll begin the weekly MPTs starting the week of January 28th, but don't let that stop you from working from the very beginning (this is even more important for the MISSOURI takers who have two MPTs worth 20% of the bar exam score).

IF YOU'RE THINKING THE WEEK OF DECEMBER 31ST WILL BE TOO EARLY TO START WRITING ESSAYS, READ BELOW
You may be thinking you won't be ready to write an essay at that time. But, you have to adjust your thinking on this when it comes to bar study. You should work problems (essays and multiple choice) EVERY SINGLE DAY. Let me say it another way. DO NOT LET A DAY GO BY WITHOUT YOU WORKING PROBLEMS. Working the problems often is not only about testing your knowledge, but testing your process. If you work problems consistently throughout bar study, you will know whether you have processed the materials appropriately, whether you can write a good essay in the allotted time (30 minutes for Illinois and Missouri), whether you need to change your approach to how you are studying, etc.

You do not want to discover problems with answering questions in the last few weeks of study. You want to note your problems early, fix them and then work more problems to make sure you are on track in terms of your ability to effectively answer bar exam questions. I'll discuss more on how you incorporate this constant practice into your study schedule during the December 21st workshop.

I hope you let us help you in the process by submitting a weekly essay (and MPT when we start) to us. You'll be doing essays daily anyway so why not submit one to us once a week for useful feedback.

That's all for now. Don't forget to subscribe to the blog. Also, look out for the first weekly essay assignment which will be coming soon!

It's here! Your first essay of the week for SIU's bar program. Please read and follow the directions below.

ESSAY DUE DATE: This essay will be due on FRIDAY - January 4TH.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ESSAY
BARBRI– PAGE 11 (under TORTS in “Illinois Essay Testing 2012” book)
KAPLAN– PAGE 2 (in “Illinois Essays” book)
THEMIS– Please locate the Feb 2008 TORTS essay in your materials. If it is not available, you may choose any TORTS essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.

I am providing the text of the essay this time to make sure we are all on the same page, but please verify in your books. Let me know if my page numbers are off as I anticipate just providing page numbers for essays in your respective course materials in the future.

FEB 2008 TORTS ESSAY
Last month, Paul attended a fund-raising lunch at Library, where he purchased and ate a chicken salad sandwich. Later that day, he became severely ill and was diagnosed with food poisoning. As a result of the food poisoning, Paul developed a permanent digestive disorder.

Several other people also became sick after eating lunch, and the Health Department determined that the chicken salad was contaminated with salmonella bacteria. According to the Health Department, raw chicken often contains salmonella bacteria. Although the risk of salmonella contamination cannot be eliminated, proper preparation and cooking can ensure that the chicken is safe for eating. The chicken must be thoroughly cooked, and all utensils or surfaces that come in contact with raw chicken must be thoroughly cleaned with hot water and soap before further use.

The Reading Club had initiated and planned the Library’s first and only fund-raising lunch. Ann, Bill, and Chuck independently volunteered to make the chicken salad. Each made a separate batch of salad, using their own recipes and working individually at their own homes. Another volunteer combined the three batches of salad at Library, and a Library employee sold sandwiches at the lunch. All lunch profits went to Library.

Ann, Bill, and Chuck each purchased their chicken from Supermarket. The chicken was contained in packages labeled with a prominent warning describing the risk of salmonella contamination and the precautions necessary to avoid that risk.

A Health Department spokesperson has said that “Someone who made the chicken salad did not take proper precautions.” Ann, Bill, and Chuck all claim they took the proper precautions.

Paul has consulted an attorney about bringing a tort action against: (1) Library, (2) Supermarket, and (3) Ann, Bill, and Chuck. If Paul can prove only the facts outlined above:

1. Can Library be found liable to Paul under a strict liability theory? Explain.
2. Can Supermarket be found liable to Paul under a strict liability theory? Explain.
3. Can Ann, Bill, and Chuck be found liable to Paul under either a strict liability or negligence theory? Explain.

ESSAY DUE DATE: This essay will be due on Thursday - January 10TH.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI ILLINOIS STUDENTS ONLY (BARBRI MISSOURI, KAPLAN AND THEMIS STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay- COMMERCIAL PAPER - Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.
Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.

The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each.

BARBRI MISSOURI STUDENTS ONLY (KAPLAN AND THEMIS STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay - FEDERAL JURSIDICTION - Please use the July 2009 Federal Jurisdiction Question in your essay book. The text of the question is set out below.

Ann and Bill, both citizens of State X, were walking by a construction site in State X when an overhead crane dropped a load of plate glass windows on the sidewalk near them. The windows shattered when they hit the pavement, and both Ann and Bill were struck by flying glass. Ann’s injuries were severe; she incurred more than $450,000 in medical expenses. Bill suffered only minor injuries and had medical bills of $500.

At the time of the accident, the glass windows were being installed in a new skyscraper by GlassCo, Inc., a State Y corporation with its principal place of business in State Y. The crane operator was a GlassCo employee, and the crane was owned by GlassCo. A subsequent investigation by GlassCo’s insurance company concluded that the accident was due to crane operator error and improper crane maintenance.

Ann and Bill have joined as plaintiffs and filed a suit against GlassCo in the state trial court in State X. Ann is seeking more than $1 million in damages, and Bill is seeking $5,000. They have both refused GlassCo’s request to enter into settlement negotiations.

You are an associate in the law firm that has been retained by GlassCo. The partner in charge of the case wants to remove the lawsuit from state to federal court. She has asked:

1. What must GlassCo do to remove the case from state to federal court? Explain.

2. If the case is removed to federal court, do the Federal Rules of Civil Procedure permit the separate claims of Ann and Bill to remain joined in a single lawsuit? Explain.

3. If Ann’s and Bill’s claims remain joined, will the federal court have jurisdiction over the case? Explain.

KAPLAN AND THEMIS STUDENTS ONLY : You may work any of the above essays. If you have not covered these topics, please let me know and I will assign a different essay.

WINTER 2013 BAR PREP – WORKSHOP #1 – SCHEDULING AND MULTIPLE CHOICE

Video

PDF Handout

ESSAY DUE DATE: This essay will be due on Thursday - January 17TH.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI MISSOURI AND THEMIS STUDENTS ONLY (BARBRI ILLINOIS AND KAPLAN STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay- CORPORATIONS - Please use the February 2006 Corporations Question in your essay materials. The text of the question is set out below.

Green Corporation (“Green”) was properly incorporated in State A. Green’s articles of incorporation authorize 100 shares of common stock (“Common”) and 300 shares of Class A nonvoting cumulative preferred stock (“Class A Preferred”). Each Class A Preferred share is entitled to a quarterly dividend of $1. Green’s articles provide that, if Green fails to pay this dividend for four consecutive quarters, each Class A Preferred share becomes entitled to one vote on all matters voted on at shareholders’ meetings until all arrearages have been paid.

Deb owns all 100 shares of the Common and 100 shares of the Class A Preferred. Ed owns the remaining 200 shares of the Class A Preferred. Neither Deb nor Ed is a director or officer of Green.

Green has been experiencing financial difficulties for some time and has not paid the Class A Preferred dividends for more than four consecutive quarters. On Sept. 2, Green’s board unanimously adopted a proposal to dissolve the corporation. The board then called a special meeting of the shareholders to vote on this proposal. The notice of the special meeting indicated that a special meeting would be held at the corporation’s principal office on October 15. The notice did not state the purpose of the meeting. The notice was sent to Deb. She received it on September 10.

On October 13, two days before the special meeting, Deb and Ed met for dinner. At dinner, Deb asked Ed to serve as her proxy at the special meeting because she could not attend. Ed was surprised because he had not received any notice of the special meeting from Green. Nonetheless, Ed told Deb that he would attend the meeting and vote her shares.

On October 15, at breakfast before the meeting began, Ed first learned of the proposed dissolution of Green. Ed immediately called Deb to inform her of the proposal. Deb directed Ed to vote all of her shares in favor of the proposal. Ed went to the meeting and voted Deb’s shares in favor and his own shares against the proposal to dissolve Green.

1. Was the special shareholders’ meeting called to dissolve Green properly held? Explain.

2. Was the proposal to dissolve Green properly adopted by its shareholders? Explain.

BARBRI ILLINOIS STUDENTS ONLY (KAPLAN STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay - CONTRACTS - Please use the July 2007 Contracts question contained in your materials. The text of the question is set out below.

Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”

Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”

On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”

Does Café have an enforceable contract with Baker? Explain

KAPLAN STUDENTS ONLY : You may work any of the above essays. If you have not covered these topics, please let me know and I will assign a different essay.

WINTER 2013 BAR PREP – WORKSHOP #2 – ESSAY WRITING AND MEMORIZATION
All handouts given in the workshop will also be loaded here in one pdf document.

Video


PDF

WINTER 2013 BAR PREP – WORKSHOP #3 – THE MULTISTATE PERFORMANCE TEST (MPT)
All handouts given in the workshop will also be loaded here in one pdf document.

Video

PDF

ESSAY DUE DATE: This essay will be due on Thursday - January 24TH, BUT YOU CAN TURN IT IN ON FRIDAY JANUARY 25TH IF THAT SUITS YOU BETTER.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI ILLINOIS & MISSOURI, THEMIS AND KAPLAN STUDENTS:

Essay- REAL PROPERTY - Please use the February 2009 Real Property Question in your essay materials. The text of the question is set out below.

Several years ago, Parent, the record owner of a farm in fee simple absolute, conveyed the farm as a gift “jointly in fee to my beloved daughters, Jessie and Karen, equally, to share and share alike.” Parent delivered the deed to Jessie and Karen. The deed was never recorded.

Two years ago, Jessie borrowed $60,000 from Credit Union, securing the loan by granting Credit Union a mortgage on her interest in the farm. Credit Union properly and promptly recorded the mortgage.

Six months ago, Jessie validly contracted to sell her one-half interest in the farm for $90,000 to Buyer, who was very anxious to acquire Jessie’s interest. Buyer paid Jessie $40,000 as earnest money and agreed in the contract to accept a deed with no warranties of any kind and to accept the title regardless of whether title was marketable. Buyer had no actual notice of the mortgage Jessie had granted to Credit Union.

Two months ago, before closing the sale with Buyer, Jessie died, survived by Karen. At the time of Jessie’s death, the loan secured by Credit Union’s mortgage was still outstanding. Jessie’s will provided: “I give all my real property to Devisee and all of my personal property to Legatee.” Both Devisee and Legatee survived Jessie.

Last month, the executor of Jessie’s estate executed a deed purporting to convey a one-half interest in the farm to Buyer in exchange for the balance of the purchase price.

The jurisdiction has a notice-type recording statute and a grantor-grantee index system.

Did Parent convey the farm to Jessie and Karen as “tenants in common” or as “joint tenants with right of survivorship”? Explain.

Assuming Jessie and Karen acquired a joint tenancy with right of survivorship in the farm, what are the rights, if any, of Karen, Credit Union, and Buyer in the farm? Explain.

Assuming Jessie and Karen acquired a joint tenancy with right of survivorship in the farm, who is entitled to the balance of the purchase price Buyer paid the executor of Jessie’s estate? Explain.

IF YOU HAVE NOT COVERED REAL PROPERTY : You may work any essay posted on this blog or another of your choosing. It may take me longer to get it back to you, but the point is that you are working essays and getting feedback. So, I am happy to look at whatever you have. If you would like me to assign a different essay, let me know and I can do that too.

ESSAY DUE DATE: This essay will be due by Friday, January 31st.

MPT DUE DATE: The MPT will be due my Monday, February 4th.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays and MPTs (and all your practice essays and MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay or MPT.

ONE MPT ASSIGNMENT FOR EVERY STUDENT IS SET OUT AFTER THE ESSAY ASSIGNMENTS

BARBRI ILLINOIS AND THEMIS STUDENTS ONLY (BARBRI MISSOURI AND KAPLAN STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay - EVIDENCE - Please use the February 2008 Evidence question contained in your materials. The text of the question is set out below.

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.

One week after his hospital admission, Victor unexpectedly died as a result of the stab wound. Dan was charged with Victor’s murder.

When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.

During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.

During the presentation of Dan’s case, defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.

2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.

3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.

BARBRI MISSOURI STUDENTS ONLY (KAPLAN STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay - CONTRACTS - Please use the July 2007 Contracts question contained in your materials. The text of the question is set out below.

Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”

Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”

On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”

Does Café have an enforceable contract with Baker? Explain

KAPLAN STUDENTS ONLY : You may work any of the above essays. If you have not covered these topics, please let me know and I will assign a different essay.

MPT ASSIGNMENT

MPT - STATE V. WHITE - Please use the July 2001 MPT State v. White. The text of the MPT WILL NOT be set out below so please consult your materials.

If you do not have this MPT, please let me know to expect a different MPT from you.

ESSAY DUE DATE: This essay will be due by Friday, February 8th.

MPT DUE DATE: The MPT will be due my Monday, February 11.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays and MPTs (and all your practice essays and MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay or MPT.

ONE MPT ASSIGNMENT FOR EVERY STUDENT IS SET OUT AFTER THE ESSAY ASSIGNMENTS

BARBRI ILLINOIS AND THEMIS STUDENTS ONLY (BARBRI MISSOURI AND KAPLAN STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.

The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.

The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.

Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

BARBRI MISSOURI STUDENTS ONLY (KAPLAN STUDENTS PLEASE SCROLL DOWN FOR YOUR ESSAY ASSIGNMENT):

Essay - Evidence - Please use the February 2008 Evidence Question in your essay materials. The text of the question is set out below.

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.

One week after his hospital admission, Victor unexpectedly died as a result of the stab wound. Dan was charged with Victor’s murder.

When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.

During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.

During the presentation of Dan’s case, defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.

2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.

3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.

KAPLAN STUDENTS ONLY : You may work any of the above essays. If you have not covered these topics, please let me know and I will assign a different essay.

SECOND MPT ASSIGNMENT OF THE WEEK

MPT - A-1 AUTOMOTIVE - Please use the July 2008 MPT - Williams v. A-1 Automotive. The text of the MPT WILL NOT be set out below so please consult your materials.

If you do not have this MPT, please let me know to expect a different MPT from you.

Video
PDF

FINAL DAYS STUDY PLAN

At this point, now that your bar courses are over (or almost over), you are all putting together your study schedules for the final days before the bar exam. You may already have a plan in place. If you do, that's great and I encourage you to use what works for you. If you do not, here's some advice as you go through that process:

FINAL DAYS SCHEDULE REVIEW: IF YOU WOULD LIKE ME TO REVIEW YOUR FINAL DAYS SCHEDULE, PLEASE TURN IT IN BY THURSDAY, FEBRUARY 14TH.

1. Assess each subject and truthfully say where you are with the subject. This will help you determine how much time to spend on the particular subject during your final study period. Please note that your plan will be to review everything in the final study period. The assessment just tells you how much time you need to spend on each subject to be ready for exam.

2. How should you assess each subject? You can use whatever method works best for you. If you do not have a method, consider asking yourself literally where you are on each subject. Are you there? Are you almost there? Are you nowhere?

There = If the bar exam was tomorrow, you'd feel confident about the subject and your ability to test competently in it. You don't have to be perfect to be "there." But the general feeling should be that you understand the topic and feel good about being able to answer a question on it (essay or multiple choice.

Almost there = You understand the topic, but there are a few aspects of the topic that are still giving you trouble. There are still aspects that you have not memorized and that you are unsure you would be able to spot or write about on the exam. You can see the light at the end of the tunnel, but you need to hone in on a few aspects.

Nowhere = You do not feel confident on the topic because there are several aspects that you do not understand and need to assimilate/memorize before the exam.

For most students, the majority of subjects will fall in the "almost there" pile with a few subjects falling in the other piles. But remember that this about truth - on both ends! Be honest as to what you feel ready for and what you don't. In this way, you'll make the final schedule that is right for you.

3. Timing In organizing your study schedule, try to organize your review of those topics in terms of the amount of work you need on them (i.e., you'll need more time on a subject you are "almost there" on than one you are "there" on). Try to arrange the schedule so that you have enough time to review all subjects. For instance, there may be some subjects you need to spend half or a whole day on while others could be taken care of in three hours.

4. What should the reviews look like? Think about what you need. Do you still need to memorize? Do you need to work questions? And the answer to do you need to work questions is YES! Any review should really include both. Make sure that you are remembering the law (memorizing) and that you know how to use it (working questions). This is pivotal.

Other things to incorporate in your schedule

1. Don't forget your MPT. If you are still having timing and organization issues, keep working them. In any event, before you conclude your work on MPTs, make sure you read through all the different types of tasks you could be asked to do. Each one tests the same skills, but you don't want to be "shell shocked" if, during the actual exam, you are given a task you've never practiced before.

2. Essay reverse outlining. You may know the law, but you still may be struggling with when to use it and how much to use. In addition to writing essays, reading over additional essays can help you to overcome this. To do this, read the essay question. Pay attention to the call of the question. Then read the answer. Pay attention to the content of the answer given in response to the question call (i.e., what law is discussed and the order it is discussed in). This will help you to see how issues are tested and what the bar examiners are looking for in asking certain questions.

3. Multiple Choice. Stay nimble here by continuing to work multiple choice problems. Continuing to read the answers will help you to understand how to work the problems and will also help you in understanding the nuances of law. If you have run out of questions, you can purchase actual questions (written by the bar examiners) from the NCBEX.ORG website.

Weekend before the bar If you would feel more comfortable having another round of review after this final review, be sure to save the weekend before the bar to go back through everything. This is not a must but an option to consider.

Other advice on a final days study plan This is just one method. If you have another that works best for you, that's what you should use. Students, who have passed, have used a variety of methods so don't be afraid to choose what works for you.

More help on this If you need more help on putting a schedule together or if you have any questions or concerns, feel free to contact me. I am also available by phone, email, Skype, etc.

IF YOU WOULD LIKE ME TO REVIEW YOUR SCHEDULE, PLEASE TURN IT IN BY THURSDAY, FEBRUARY 14TH.

NO ESSAY/MPT OF THE WEEK> - we will not have an essay of the week for week 7. You should of course continue to work your essays. Instead, you shuold turn in your final days study schedule for review (it would also be helpful to know where you are on each subject (there, almost there, no where as I review it).

SIMULATION DETAILS: The simulation will be held on Monday, February 18th at 9:00 am (room tba). We will do the morning portion. That means you will have three essays, take a short break and then do 1 MPT. For review purposes, you may pick one essay and your MPT and turn it in for review. We will turn these around very quickly.

SIMULATION DOCUMENTS:I will post the simulation documents to TWEN so that thos wishing to do the simulation on their own will have the opoprtunity.

SPECIAL INSTRUCTIONS FOR MISSOURI TAKERS: If you are taking the Missouri bar and wish to participate in the simualtion, please let me know as you will need a different set of simulation documents.

SIMULATION - ILLINOIS PDF

SIMULATION - MISSOURI PDF

A pdf of the simulation essays and MPTs has been posted for both Illinois and Missouri takers. They are labeled to tell you which one is which. The documents aer posted here for anyone who wants to simulate on their own.

If you plan to be here on Monday, February 18th for the simulation we will hold (we will time you, stop you, etc.), do not open the document.

I will provide all the materials during the in class simulation on February 18th.

That simulation will be held in room 251 on Monday, February 18th and will begin at 9:00 am. We are only simulating the morning portion of the Illinois or Missouri bars.

I recommend you arrive at 8:45 am to so that you can set up and be ready to go at 9:00 am.

Please note that we will grade one essay and one MPT from the simulation so if you do it and would like one essay and/or MPT graded, please send the documents to me (tjohnson@siu.edu) by the end of day(5:00 pm) on Monday, February 18th. Its is my goal to return these very quickly and so I need them from you as soon as possible.

Missouri Bar Talk 12 pm Session

If you would like to be paired up with a recent grad who can offer advice re bar study, let Prof. Schmitz know soon. Just send an e-mail to Carol Manis, secretary, who will assist us this summer) and tell her that you want one. You can contact her at cmanis@siu.edu. We will get back to you soon with the name of a buddy.

Each summer, graduates find it very helpful to talk with someone (by phone, text, e-mail or in-person) who had just gone through the bar– about a schedule, a routine, how to use the materials, how to make the family understand, etc. These recent grads have volunteered to assist you.

We have a list of recent grads ready and eager to assist. Just let us know that you are interested.

BAR ESSAY EXAM WRITING TIPS
By Suzanne Schmitz

here are some tips for essay writing for the b ar.

1. On Day 1, you will have three essays written and graded in IL in the am, then an MPT, and then six essays written by NCBE but graded in IL in the pm. You will not go wrong by using IL law. In MO, you will have four essays in the am, the MPT, and then six more and MO tends to mix up MEE and MO questions. You will not go wrong by using MO law. The MO questions often require short answers where CIRAC may not work.

2. A well-organized answer is better than one that is not. Also, you need to use some judgment to determine the value of one part of the question over another.

3. Seldom will you address the same law twice. Read all parts of the call of the question before starting to write so that you know what law to use where. Also if you are needing the same law again, it is OK to refer to above, and not re-write the law.

4. For the exam, use non-erasable blue or black ink pens that do not smear. Avoid abbreviations other than P and D (HDC OK) and if making an error, put one line through it. Anything you write in the margins will not be read. Label each part – a, b, c or 1, 2, 3. The graders hate arrows. You have one answer book per question and only one. So plan ahead. I am giving you 2 exam “books” - make your own copies and use this for practice so that you stay within the limits. For typists, the character limit is _____ .

5. Take each question in order, giving it 30 minutes. Do not read all the questions first - you will just worry about them. Be sure you coordinate answer books with question books. The MEE (afternoon) essay and answer booklets are color coded and numbered.

6. For each question, use ten minutes to read and organize and 20 minutes to write. Read the call of the question first, all of the call, then the facts. Organize as below. Then skim the call and facts to be sure you are on target. Only then begin to write.

7. You may organize in the question book, not the answer book. A quick mode of organizing is this, using Equity #24, part 3:

spec perf?
1. K Facts: A&D - K w/G
2. Conditions fulfilled G ready to pay?
3. Legal rem. Inadq. D not enough tiles special design, unique
4. Mutuality Ct can order either party
5. Enforcemt feasible Ct need only super. transfer of tiles
Box and deliver
6. No defenses none apparent

8. Most of the time, you must take a stand. Seldom will you argue both sides.

9. Write in CIRAC fashion, giving the C, I, R, A and C each a paragraph or more - this makes it easy for the grader.
Leave the first 2-4 lines blank for the conclusion.
State the Issue, using the call of the question - this keeps you on target.
State the rule that is relevant to the issue, not every rule you know.
Define terms in the rule that are at issue.
For each part of the rule, show how it is or is not met by using the facts in the problem. Skim the problem for all the facts that can be used to show how the rule has been or has not been met.
If necessary, use CIRAC, RAC, RAC, major C.
Adding policy where appropriate is nice but probably not needed.
Reach a conclusion and now write it at the top as well.

Be sure you are consistent. Do not disagree with yourself.

10. Incorporate reading essays into your review. Work from the highest numbered essay question backwards. The oldest questions are no longer typical. As part of your review, read 4-5 essay questions and spot the issues. See if you can recall the law; if not, review it. If so, move on. When finished reviewing, write out, with open book or notes, 1-2 essays per topic. A week later, try another one closed book. Open if needed. In July, write out another 1-2, closed book in 30 minutes. In July, outline another 3-4. Read at least ten questions and answers per topic.

11. Try to do a variety of issues - not all SMJ, but some SMJ, some PJ, some RJ and CE, etc. See my list so you can be sure to cover a variety.

12. It is a difficult balance to quit telling the grader everything you know with the danger of being too concise. The only sure way is practice; bring answers to one of us to review. We have seen model answers and have a sense of what is wanted.

13. Prepare for the endurance of writing or typing ten essays in one day. Just as BarBri simulates the multiple choice portion, we will simulate the essay portion, using three Illinois (Three Mo for Mo takers) essays, an MPT, and six national essays, on July 21, 9-4, in 202.

14. Bring essays you have written to Prof. Schmitz and she will give some to Prof. Basanta to read. Bring completed performance tests to Prof. Basanta or Robertson.

15. Timing tip for the exam: at the beginning of each exam period, set your watch to 12. You will then know that at 1:30 or at 3, the exam period is over.

This handout was prepared by the Student Health Programs Wellness Center.

This stress management handout was prepared by the Student Health Programs Wellness Center.