Negligence: Special (specific) Standard of Care

On a Negligence essay exam, it will be important to establish the standard of care applicable to the fact pattern. To know what type of Duty is owed, we must first determine what type of standard of care the Defendant would be held accountable for. As mentioned yesterday, the General Standard of Care is that of a Reasonable Prudent Person under the same circumstances. Special (specific) Standard of care however has about 8 categories/situations in which a “higher standard or a specific standard “ is taken into account  They are: Custom and Usage, Children, Professionals, Owners and Occupiers of Land, In-Keepers and Common Carriers, Automobile Guest Statutes , Bailments and Rescuers (emergency situations). Do YOU remember all of the details of each category?

To establish A Prima Facie Case for negligence, we must first prove that the standard of care was breached. General Standard of care is that of a REASONABLE PRUDENT PERSON under the same circumstances. Special standard of care is a bit more complex..as it has many different categories. Do YOU remember all of the different areas under the Special Standard? Stay tuned!

Open Book Bar Prep Tips for California Bar Exam Essays

The California Bar Exam is an 18-hour test which consists of three parts. 

The first is the Multistate Bar Examination (MBE) which is a set of 200 multiple-choice questions administered on the second day of this three-day test. The second part involves responding to six essay questions, and two performance tests.  After the essay portion, students have to do well in two performance tests, which evaluate how well they can analyze and address simulated legal problems. 

As you can see, a great portion of the California Bar Exam is written; the essay portion alone makes up 39%.  So in order to survive the intensive California Bar Exam, one essential skill to develop is writing clear, concise and intelligent legal essays. 

Open Book Bar Prep recognizes the advantage of being able to compose compelling essays on the spot.   In its California Bar Prep Classes and California Baby Bar Classes, it has incorporated courses on writing which will help students learn the following:

·       Understanding the essay questions

·       Coming up with logical and organized outlines

·       Writing excellent responses to the test questions

Open Book Bar Prep is a great venue to prepare for either the California Bar Exam or the First-Year Law Students’ Examination (FYLSE), more popularly known as the California Baby Bar.  And to help its many reviewers, Open Book Bar Prep lets students in on some of its essay writing techniques:

·       Use the right level of language and tone in your essay.  For the California Bar Exam essay portion, use a tone that is neither conversational nor excessively formal. Imagine speaking to an educated person who does not know the law as much as you do but who is intelligent enough to grasp its basic concepts. 

·       Follow the IRAC or any of its recognized variations.  IRAC stands for issue, rule, application and conclusion, which means your essay has to cover the points in the same logical fashion.  In answering an essay question, creativity comes second to organization and logic so resist the urge to alter this rigid structure.  But if you feel it is required, you can modify this outline a little bit to include counter arguments and legal or factual premise.  California Bar Prep Classes and California Baby Bar Classes can introduce you to some of the variations of IRAC and help you use them without risking a low essay score.

·       Be comprehensive but concise.  This is actually very challenging because it involves recognizing which points should and should not be belabored.  Some students cut to the chase in an effort to be brief but end up breezing through important points that should have been more thoroughly explained.  Some students, meanwhile, write very lengthy explanations even when they are no longer necessary. To get the right balance, be sure to get lots of practice during California Bar Prep Classes and California Baby Bar Classes.  Open Book Bar Prep makes sure that its teachers pay individual attention to students’ essay writing skills. With the right guidance and sufficient practice, students can better identify critical points to highlight, reiterate and expound on without necessarily writing an unnecessarily long response.

Most important of these tips is to remember that your essays will be graded by distinguished members of the California State Bar. Their standards will be high but they are real people. As you practice writing during California Bar Prep Classes and California Baby Bar Classes, always remember that you are trying to get a message through to a human being.

Open Book Bar Prep Strategies For The California Bar Exam

Years of studying with the hopes of practicing law in the state of California will eventually come down to one test: the California Bar Exam. 

Those who have taken it know it to be grueling and those who are about to take it are anxious as can be.  The California Bar Exam is a three-part test consisting of the 200-item Multistate Bar Examination (MBE), an essay part with six questions, and two performance tests.  To do well, you will have to work on your skills in both writing and multiple-choice questions.

Not every law student succeeds in sufficiently preparing for the California Bar Exam.  In 2011, only 53.9% of some 8,852 takers, passed the bar exam.  Some 2,376 of these were repeaters and only 416 or 17.6% made it through.

Nervous already? While that is certainly understandable, know that there are effective ways in getting ready for this dreaded test.  With the right strategies from an excellent bar exam prep seminar and entire course such as Open Book Bar Prep, the challenge of the California Bar Exam can be overcome.  Open Book Bar Prep provides specialized, one-on-one tutoring to law students throughout their legal education (i.e. law school), and helps them to understand the Bar concepts such as IRAC, writing concise essays, and studying for the final exam, all of which will greatly help the student when it’s time for their Bar.

Open Book Bar Prep is a study hub for takers of the California Bar Exam. Other than California Bar Prep Classes, it also offers California Baby Bar Classes for those who are studying at unaccredited law schools and are thus required to take The First-Year Law Students’ Examination (FYLSE).  To prep students for the required tests of the California State Bar, Open Book Bar Prep offers the following advice:

·       Let go of other responsibilities—temporarily, that is. If you’ve been juggling work, family life and law school, it may be wise not to do the same while reviewing for the bar exam.  Sure, you may have been getting away with barely passing test scores or mediocre legal papers but do not take the same risk while attending California Bar Prep Classes.  Because the exam is difficult and exhausting, you will need to focus your energies to it 100%. The same is true even for California Baby Bar Classes.

To relieve yourself from other worries, secure a loan or ask your spouse to take on more responsibilities at home. The fewer distractions you have, the more relaxed you feel, and the more confident you would be in taking the test.

Remember to keep your attitude positive as well.  Studies have shown that there is a direct link between test anxiety and scoring poorly. 

·       Prepare and consistently follow an individually-tailored study plan.  California Bar Prep Classes conducted by Open Book Bar Prep are individually tailored based on your learning strengths and weaknesses.  Ultimately, the greatest advantage of this level of individual attention is being able to follow a highly effective study plan customized for your unique style as a learner.

California Bar Prep Classes and California Baby Bar Classes both cover all the subjects of the California Bar Exam namely: Business Associations, Criminal Law and Procedure, Remedies, Civil Procedure, Evidence, Torts, Community Property, Professional Responsibility, Trusts, Constitutional Law, Real Property, Wills and Succession and Contract.

This is a rather wide scope but with the full attention of a teacher, the areas where you need the most improvement will be thoroughly evaluated enabling you to devote more time and attention to the subjects where you need the most help.  During California Bar Prep Classes and California Baby Bar Classes, a one-on-one instructor will also be able to recognize your strengths and help you tap into them. 

With the help of Open Book Bar Prep, you can be one of 4,771 students who succeeded in becoming a member of the California State Bar. So relax and start taking the necessary steps towards acing this very challenging exam.

Do YOU remember how to to establish a Prima Facie Case for Negligence? To do so, you must prove that There was a Duty, there was a Breach of that Duty, and that Breach was the Actual (factual) and Proximate (legal) Cause of the Plaintiff's Harm. So how does one know what type of duty was owed? Stay tuned for the difference between General Standard of Care and Special Standard of Care!!!

Do YOU remember the Defenses to the 7 Intentional Torts? They are: Consent, Self Defense, Defense of others, Defense of property, Re-entry to land (to recapture Chattel) ,Privilege of arrest, ShopKeeper's Privilege, and Necessity!

Do YOU remember the Defenses to the 7 Intentional Torts? They are: Consent, Self Defense, Defense of others, Defense of property, Re-entry to land (to recapture Chattel) Privilege of arrest, ShopKeeper's Privilege, and Necessity!

Remeber there are 7 Intentional Torts. 4 are against a Person (Assault, Battery, False Imprisonment, and Intentional Infliction of Emotional Distress), 3 are against Property (Trespass to Land, Trespass to Chattel, and Conversion). Remeber, the emphasis is on the intent..One DESIRES to bring about the outcome, or KNOWS with substantial Certainity act or result will occur. Remember Garratt V. Dailey?

Five weeks left for the Feb 2012 Bar! Are YOU READY?! Starting next week we will highlight subject areas daily to keep your mind focused...Even when your Facebook, Tweet, or Blogging! Stay tuned!