BARBRI 1L Mastery | Online lectures, outlines, practice questions | For all 1L year courses


If you were ever to have an exam
question, it’s about freedom of speech, and you didn’t know what other rule to
apply, use this one. If there’s anything that you need to know as a framework for
free speech analysis, it is the distinction the Supreme Court has drawn
in content-based and content-neutral laws. If you admit to having a contract,
for example, in the pleadings or in response to discovery or in a deposition,
an interrogatory, you say, “Look, I know we had a deal, but we never got it in writing,
was an oral contract; therefore, it’s not valid.” Obviously, once the parties have
made one of these admissions under oath that will satisfy the courts concerns
about fraud and he or she will lose their statute of frauds defense. The
court is no longer worried that the other party is making up the existence
of a deal. This party already admitted that they had a deal. At common law, if a police officer kills
one of your accomplices or kills a bystander because a shot goes stray,
that’s also sufficient to constitute a killing for felony murder purposes. But
the modern approach, the majority approach, has limited the harshness of
felony murders strict liability rule by limiting it to killings by the defendant
or by the associates of the defendant, the accomplices and co-conspirators. In the residential setting, if the
landlord elects to hold-over a tenant, who has wrongfully stayed on past the
expiration of the original lease, an implied periodic tenancy arises measured
by the way rent is now tendered. So I would say, on a 45 minute essay question,
I think about 15 minutes you want to spend with your pencil and the scratch
paper just figuring out where to go, matching up the facts with law facts
with law facts with law … and then start writing the answer. A lot of students get
in trouble because they write too quickly. They just write too fast.
The reason-through … know where you’re going. And by that time, you’ve done
heavy lifting and it’s practically gonna write itself. Just lay it out, which
you’ve already figured out. Law school exams are different from
exams you took in high school and college. In high school, exams largely tested
rote memorization. In college, your exams also tested memorization and they often
encouraged you to offer informed opinions about the subjects discussed in
class and in various literature. Law school exams are fundamentally different.
In short, your law professors expect you to analyze the law, especially when there
are no easy answers or conclusions. you

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