Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we summarize the topics from Torts we've covered in our "Listen and Learn" series. Today, we're focusing on negligence and its four key elements - duty, breach, causation, and damages. We have included an attack plan for exam questions on negligence, and a quick practical example. In this episode, we discuss: An overview of negligence The four elements of negligence - duty, breach, causation, and damages An attack plan for answering exam questions on negligence A practical scenario illustrating a negligence analysis Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/) Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/podcast-episode-97-listen-and-learn-the-reasonable-person-standard/) Podcast Episode 147: Listen and Learn – Negligence: Duties of Professionals and Children (https://barexamtoolbox.com/podcast-episode-147-listen-and-learn-negligence-duties-of-professionals-and-children/) Podcast Episode 149: Listen and Learn – Negligence: Duties of Landlords, Owners, and Possessors of Land (https://barexamtoolbox.com/podcast-episode-149-listen-and-learn-negligence-duties-of-landlords-owners-and-possessors-of-land/) Podcast Episode 186: Listen and Learn – Negligence: Proximate Cause (https://barexamtoolbox.com/podcast-episode-186-listen-and-learn-negligence-proximate-cause/) Podcast Episode 247: Listen and Learn – Negligence: Factual Causation (https://barexamtoolbox.com/podcast-episode-247-listen-and-learn-negligence-factual-causation/) Podcast Episode 315: Listen and Learn – The Breach Element of a Negligence Claim (Torts) (https://barexamtoolbox.com/podcast-episode-315-listen-and-learn-the-breach-element-of-a-negligence-claim-torts/) United States v. Carroll Towing Co. (https://www.casebriefs.com/blog/law/torts/torts-keyed-to-dobbs/negligence-the-breach-or-negligence-element-of-the-negligence-case/united-states-v-carroll-towing-co/) Download the Transcript (https://barexamtoolbox.com/episode-316-spotlight-on-torts-part-1-negligence/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee
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11:19
315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)
Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur" doctrine, and we will walk through several hypotheticals involving breach of the standard of care. In this episode, we discuss: An overview of negligence claims The reasonable person standard The "res ipsa loquitur" doctrine Hypothetical scenarios involving breach of the standard of care Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, July 2021 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/July-2021-CBX-Essay-Qs-and-Selected-Answers.pdf) Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/) Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/podcast-episode-97-listen-and-learn-the-reasonable-person-standard/) Podcast Episode 147: Listen and Learn – Negligence: Duties of Professionals and Children (https://barexamtoolbox.com/podcast-episode-147-listen-and-learn-negligence-duties-of-professionals-and-children/) Podcast Episode 149: Listen and Learn – Negligence: Duties of Landlords, Owners, and Possessors of Land (https://barexamtoolbox.com/podcast-episode-149-listen-and-learn-negligence-duties-of-landlords-owners-and-possessors-of-land/) Download the Transcript (https://barexamtoolbox.com/episode-315-listen-and-learn-the-breach-element-of-a-negligence-claim-torts/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee
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20:50
314: Listen and Learn -- False Imprisonment and Shopkeeper’s Privilege (Torts)
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're discussing torts – specifically, the intentional tort of false imprisonment and the associated defense, shopkeeper's privilege. We also go through several sample questions and apply the law to the fact patterns. In this episode, we discuss: An overview of intentional torts The elements of false imprisonment Hypothetical scenarios from previous California bar exams The shopkeeper's privilege defense to false imprisonment Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, July 2010 (https://juraxbar.com/wp-content/uploads/2016/04/July-2010-CBX.pdf) California Bar Examination – Essay Questions and Selected Answers, July 2006 (https://nwculaw.edu/pdf/bar/July%202006%20Essays%20and%20Sample%20Answers.pdf) Download the Transcript (https://barexamtoolbox.com/episode-314-listen-and-learn-false-imprisonment-and-shopkeepers-privilege-torts/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee
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14:38
313: Spotlight on Criminal Law (Part 3)
Welcome back to the Bar Exam Toolbox podcast! This is the final installment of the summary of Criminal Law topics we've covered in our "Listen and Learn" series. Today, we're reviewing crimes against the person, the felony murder rule, and accomplice liability. We also address the complex scenarios that are likely to show up on the bar exam and offer a strategy for analyzing criminal law questions. In this episode, we discuss: Assault and battery: key distinctions False imprisonment and kidnapping The felony murder rule Accomplice liability Strategy for approaching criminal law questions on the bar exam Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 307: Listen and Learn – Crimes Against the Person (Part 1) (https://barexamtoolbox.com/podcast-episode-307-listen-and-learn-crimes-against-the-person-part-1/) Podcast Episode 308: Listen and Learn – Crimes Against the Person (Part 2) (https://barexamtoolbox.com/podcast-episode-308-listen-and-learn-crimes-against-the-person-part-2/) Podcast Episode 309: Listen and Learn – Felony Murder and Causation (Criminal Law) (https://barexamtoolbox.com/podcast-episode-309-listen-and-learn-felony-murder-and-causation-criminal-law/) Podcast Episode 310: Listen and Learn – Accomplice Liability (Criminal Law) (https://barexamtoolbox.com/podcast-episode-310-listen-and-learn-accomplice-liability-criminal-law/) Download the Transcript (https://barexamtoolbox.com/episode-313-spotlight-on-criminal-law-part-3/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee
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10:01
312: Spotlight on Criminal Law (Part 2)
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we summarize the topics from Criminal Law we've covered in our "Listen and Learn" series. Today we explore the elements of key property crimes (like larceny, robbery, embezzlement, burglary, and arson) and inchoate offenses (such as attempt, solicitation, and conspiracy). We also discuss defenses to criminal acts and offer strategies for analyzing these topics on the bar exam. In this episode, we discuss: The elements of various property crimes and key distinctions between them Summary of inchoate offenses -- the "almost" crimes Defenses to criminal acts Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 112: Listen and Learn – Property Crimes (https://barexamtoolbox.com/podcast-episode-112-listen-and-learn-property-crimes/) Podcast Episode 175: Listen and Learn – Inchoate Offenses (Criminal Law) (https://barexamtoolbox.com/podcast-episode-175-listen-and-learn-inchoate-offenses-criminal-law/) Podcast Episode 202: Listen and Learn – Defenses to a Crime (https://barexamtoolbox.com/podcast-episode-202-listen-and-learn-defenses-to-a-crime/) Download the Transcript (https://barexamtoolbox.com/episode-312-spotlight-on-criminal-law-part-2/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee
About The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress
The Bar Exam Toolbox podcast helps bar takers pass with less stress and anxiety. Hosted by bar exam experts Lee Burgess and Alison Monahan, the Bar Exam Toolbox podcast covers a wide variety of topics, ranging from how to learn and memorize all the law you need to know for the bar exam, to how to write a passing essay, to how to get bar exam accommodations. If you're struggling with the bar exam, or work with students who are, tune in for practical strategies for bar exam success!
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