Welcome to Themis/Goals CALIFORNIA INTRODUCTION MELISSA SHAW, ESQ. Overview of the CA Bar Exam General Daily Study Strategies Themis Support A. Overview of the CA Bar Exam-- Last Tuesday, Wednesday of July or February 1. FORMAT-- Two day exam o Day one three essays (am), one hour each; lunch; two essays (pm), one hour each and one Performance Test (pm), 90 minutes Editor's Note 1: The lecturer misspeaks here regarding the first afternoon session. Note that the afternoon essay test includes two essays in two hours (or two one-hour essays) and a 90-minute Performance Test. o Day two 100 MBE questions (am), three hours; lunch; 100 MBE questions (pm), three hours 2. Subjects tested (bold and italicized subjects appear on MBE& Essay) ) o Agency/Partnership o Civil Procedure (Federal and CA) o Community Property (CA) o Constitutional Law o Contracts o Corporations o Criminal Law and Procedure o Evidence o Professional Responsibility (CA) o Real Property o Remedies o Torts o Trusts o Wills (CA) 3. Grading Weight o Days 1 (Essay and MPT) = 50% of overall grade o Day 2 (MBE) = 50% of overall grade
4. MBE Format Detail o No penalty for guessing - fill in all the bubbles o Timing is key - 17 per half hour, 34 per hour o 175 scored questions, distributed as follows: 25 experimental questions Civil Procedure -- 25 Constitutional Law -- 25 Contracts --25 Criminal Law and Procedure --25 Evidence (Federal Rules) --25 Real Property-- 25 Torts 25 5. Essay Exam Format Detail o 3 essays in three hours in morning o 2 essays in two hours + 1 90 minute Performance Test in afternoon Editor's Note 2: The lecturer misspeaks again here regarding the first afternoon session. Note that the afternoon essay test includes two essays in two hours (or two one-hour essays) and a 90-minute Performance Test. Student is in charge of time management a. Subjects (in addition to MBE subjects) covered in essays Agency/Partnership Civil Procedure (CA) Community Property (CA) Corporations Professional Responsibility (CA) Remedies Trusts Wills (CA) 6. California Performance Test Format Detail o One performance tests at the end of the first day o 90 minutes o Hypothetical task. Examples: o Parts of the Performance Test Library - case law and statutes Client File - extraneous information Memo 2 2017 Themis Bar Review, LLC California Introduction
B. General Daily Study Strategies (review, practice, assess, fine-tune) 1. Big Picture Directed Study v. Flex Study Directed Study: Structured sequential daily schedule from Day One to the bar exam Print Recommended Study Schedule (under Course Schedule) for big picture Flex Study: Pick and choose assignments you want, when you want First-time taker = Follow Directed Study Switch between the two modes as often as you need Daily and weekly routine Full-time job: Complete lectures, spend time reviewing and memorizing and completelearning tasks Schedule your time each day! Every day: write out a schedule based on Directed Study 3 weeks into the course: 8-10 hours per day studying 3 weeks before bar exam: 10-12 hours per day. Practice, practice, practice, and memorize! Materials: MBE Testing Workbook, practice questions, milestone exams, MBE simulated exam and an additional 100 MBE simulated exam Lectures o Linked to Directed Study or found in Flex o Themisbar App download lectures Practice o Weekly graded practice exams - self assess View lecture analysis for graded exams. o Personal attorney grader 2. Daily Study Format: Read, Listen, Review, Practice o READ outline to re-familiarize yourself with subjects. Skim if you have had it before. If not covered in law school you will need to schedule extra time for general understanding. NOT MEMORIZING. o LISTEN to lecture-- 3-4 hours with assessment questions 3 2017 Themis Bar Review, LLC California Introduction
HANDOUT-- each lecture is accompanied by handout. Fillable PDF. DOWNLOAD and fill out as you go along. Can print if you prefer. Make sure to do Assessment questions after each lecture segment for better retention. Click 'save and start next video' when finished. Watch specific chapters for reinforcement. Review assessment questions in quiz functionality on the Themis App. o REVIEW Lecture Handout and Final Review Outlines After each day s lecture KEY = ACTIVE LEARNING - SUMMARIZE rules from HANDOUT and begin memorization Whittle down or condense the material this looks different for different people! Know your learning style and do what works for you. This is not one size fits all. Many students need this step and others do not. What does condensed material look like? Issue/rule lists, SHORT summary outlines. Start with the Final Review Outlines as a good skeleton format of the subject and add from there as you go. DO NOT START WITH THE KITCHEN SINK! Final Review Outlines can be found in the Substantive Outlines. NOT TOO LONG. Actively highlight problem areas Review MBE & Essay Tips before you do questions Use the MBE PQ Data to pinpoint weak areas that need more memorization Review grader comments 4 2017 Themis Bar Review, LLC California Introduction
Examples of Student Summaries (FORMAT ONLY) o There is no one way of doing this-- pick a method that works best for your learning style. o MAKE THEM AS SHORT AS POSSIBLE SO THAT YOU CAN SEE THE BIG PICTURE. DO NOT SACRIFICE PRACTICE FOR CREATING A SUMMARY. This is the definition of procrastination. EXAMPLE #1 (listing issues and rule elements) ISSUE: ANSWER: INTRO A. Fourth Amendment: Prohibition against unreasonable S&S Miranda Search Warrants B. Fifth Amendment: 1. Privilege against compulsory self-incrimination; 2. Prohibition against double jeopardy. (when does jeopardy attach?) C. Sixth Amendment: 1. Right to a speedy trial; 2. Right to a trial by jury; 3. Right to confront witnesses; (confrontation clause) 4. Right to assistance of counsel. EXAMPLE #2 (if you use this style, make margins and tabs as small as possible) 1. Standing Can the plaintiff ask for relief from the court? (3 options: Federal court, state court and supreme court)( To have standing a plaintiff must have injury in fact, causation and redress ability. ) a. Is there a real case or controversy? b. Is it a Federal court question (arising from the constitution?) c. Is the case timely? (ripe for review or moot?) d. Does the plaintiff have taxpayer or 3rd party standing? e. 11th Amendment (The Eleventh Amendment prohibits the citizens of one state from suing another state in federal court; immunizes the state from suits for damages in an action brought by a citizen of another state or a foreign country; precludes citizens from suing their own state in federal court) 2. Separation of Powers Which branch is acting and can they do that? See chart above 5 2017 Themis Bar Review, LLC California Introduction
EXAMPLE #3 (Writing out rule statements you will write in essays) a. Judicial Power 1) The Eleventh Amendment limitation The Eleventh Amendment prohibits the citizens of one state from suing another state in federal court unless (i) the state consents; (ii) the plaintiff is the United States or another state; or (iii) Congress expressly says so to enforce rights created by the Fourteenth Amendment. 2) Adequate and Independent State Grounds The Supreme Court can review a state court judgment only if it turned on federal grounds. The Court has no jurisdiction if it finds an adequate and independent state ground. When a state court decision is unclear as to whether it rests on federal grounds or state grounds, the Supreme Court can review the federal issue. Adequate: the state ground must control the decision no matter how a federal issue is decided. Independent: The state law does not follow or depend on an interpretation of federal law. MEMORIZE (Stick with what worked in law school with a few exceptions) How do you memorize? After narrowing down Make up mnemonics Flash cards-- easier to make yourself Repetitively write rule statements Recite rule statements You don t need to have everything memorized right after the lecture and you will not. The bar exam is like a mental marathon. You will start with the basics, practice, miss things and add those things to your memorization list as you go. You will practice, fail, learn from your mistakes and practice again. Memorization is 50% and practice is 50%. GRIT Memorization of 15+ subjects is HARD and doesn t happen in one day! To get through this exam you will need grit! GRIT is perseverance; tendency not to abandon tasks in the face of obstacles. To be gritty is to keep putting one foot in front of the other to fall seven times, and rise eight. - Angela Duckworth 6 2017 Themis Bar Review, LLC California Introduction
PRACTICE Remember, this is a gradual process Essay Workshops, MBE Workshops, PT Workshops o TIMING : Practice under simulated conditions MBE s 17 every half hour Essays - One hour for long essays in am, 30 minutes for two short essays in pm CA PT 90 minutes o SCORES: Essays - Graded on 100 point scale, 65 is passing 65-70 IS A GOOD SCORE MBE s start with 50% set goal, then 65=70 by bar. Key is to increase. o KEY PRACTICE TECHNIQUES Essays -Review model answer AND MEMORIZE WHAT YOU MISSED RIGHT AFTER YOU MISSED IT. If you are having trouble understanding how an issue is raised, look through a few answers to see which essays raise those issues and read the essay looking only for that issue. CA PT -Outlining vs. Writing - writing is better -Weekly graded practice exams -Simulated Written Exam -Performance Test Workbook -View Performance Test Workshop -Practice PTs -Sim Exam MBE -Use Cumulative view diagnostics to pinpoint weak areas (under course progress instead of flex study) -MBE Workshops -Simulated Exam C. THEMIS SUPPORT-- CUSTOMER SERVICE o NOTIFICATION CENTER Questions Substantive Questions Check the outline first. 7 2017 Themis Bar Review, LLC California Introduction
Then, check your lecture notes. It is better to submit questions as they come up so that you can get a fast response. Rabbit Hole Dilemma Broadcast Messages Weekly e-mail messages from your Attorney Advisor-- MAKE SURE YOU READ THEM You can always call us at 888-843-6476. You do not have to wait for us to call you. What if it's late at night? 24/7 support. D. Final Tips As You Begin Your Course o Set yourself up for success! Start on time and if behind, catch up quickly. o Stay focused-- keep up with the assignments even though you might not feel ready to practice. o Review missed MBE questions and make flash cards only of the things you missed. o After first full review of subject, START MEMORIZING THE BLACK LETTER LAW. Use the summary outlines as your guide. o Minimum competence: You do not need an A, only a pass. It is impossible to know everything. Key is learning HOW TO GET THE POINTS NEEDED TO PASS. GOOD LUCK! [END OF HANDOUT] 8 2017 Themis Bar Review, LLC California Introduction