My Right Hand Man

My new best friend is Black’s Law Dictionary. Who would’ve known it was SO useful?? When I sit down to study, I make sure it has a nice cuddly spot right next to me. It’s poor cover is dogeared and slightly torn - becoming a little ragged and well loved, like my old DeeDee doll from when I was a kid. Especially if you’re using MicroMash which discusses and references a theory/concept/rule 20pgs before it actually tells you what the theory/concept/rule is, a law dictionary is an absolute necessity. Plus, there are awesome words like “hotchpot” and ”fugue” in it. Speaking of which, ”fugue” seems like a good word for how I’ll most likely feel about this summer - “An abnormal state of consciousness in which one appears to function normally, but on recovery has no memory of what one did while in that condition.”

On a totally different note, today I saw the postman and all I could think was - California can’t require you to get a CA driver’s license if you want to drive your postal truck around here… Thanks Con Law for that highly insignificant tip.

One Month.

One more month of this stuff. I’m already tired of studying. Well, at least sometimes. Other times, in a weird way, I actually enjoy it. I feel like things are gradually beginning to make sense and it’s beginning to be more connected in my brain, which is nice. I’ve been reading through the state subjects this week, making my outlines, so that as of July 1, I can bust out essay after essay after essay for the entire month. I read the Remedies section and HELLO - why didn’t they give us THIS as part of Law School 101?? So far, the explanation of all the remedies and how they relate to each other has been one of the most helpful things I’ve read. I guess this means I wasn’t a very good law student if I just NOW figured all this stuff out. I was complaining to my sexy man the other day about how law school kind of sucks in that you spend so much time reading case law and trying to keep up with classes, that you don’t really have TIME to sit down and figure out why/how a particular court applied a particular remedy to a case. So, I go through, just sort of throwing various remedies into exam answers w/o truly understanding how/why they apply. Obviously, I had some grasp on remedies before reading this section, but reading these 25pgs made everything a lot more clear in my head, and a clear head is always a good thing.

So far I’ve read and outlined Agency, Partnerships, Corporations, Community Property, Remedies and am working on my outline for Trusts. I read through the comprehensive outlines in the MicroMash book, and then paraphrase and reorganize their information into a 10-15pg outline for myself. I’ve been writing the stuff in paragraph form as opposed to the typical bulleted outline because if I’m going to have put the concepts into sentences in an essay, I might as well work on that a little bit here. My goal today is to finish the Trusts outline and read Wills, maybe outline that one too. I’m also doing 20-40MBE single-subject questions each day, although I have to admit I haven’t done any since Friday.

Even though studying on my own has been somewhat isolating (though less so since I’m staying with my sexy man), I LOVE the freedom and flexibility of my schedule. My sexy man keeps telling me, in a very encouraging way, that not everyone could do what I’m doing - sitting inside all day, not leaving the house, studying, five-seven days a week, 5-8 hrs/day. I’ve definitely taken little breaks, and spent a few hours laying out in the backyard enjoying the gorgeous day while studying my outlines. But, overall, I have remained pretty dedicated to a daily schedule of just STUDYING. Several of my friends took Bar/Bri, etc. because they needed the motivation to get up and study, etc. Somehow, I’m doing ok being self-motivated. Again, there are days when I feel like I’m not as focused as I could be, or maybe I’m going through the material a little too slowly, but I feel like I’m on the right track and am doing ok so far.

I cannot express enough how nice it is to not be around other people who are studying for the bar. My sexy man and his roommates are very supportive and understanding of the work I need to do and how I just lock myself in a room all day long when they’re being social and having fun. When I talk about how I did “nothing” all day, they instantly chastise me and say, “no! You studied all day! that’s hard work!!” Every morning my sexy man asks what my goal is for the day, and when he gets home from work, he questions, “On a scale from 1-10, what was your productivity?” to help me stay focused and hold me accountable for what I want to accomplish. This environment allows me to keep a healthy perspective on the Bar and life in general. (In addition, my internet access is limited due to the occasional disconnection because of construction on the house, and these guys don’t own a TV, so no Dr. Phil/Oprah/TLC/Simpsons to dull my brain and eat up valuable study time.) I know some people thrive on the peer pressure and competition to get certain scores, or do a certain # of essays, or whatever, but all that stuff just makes me nervous. I am existing in my own very very small, sheltered world, surrounded by only encouraging comments and supportive vibes, and this is the best possible place I could be.

Fear Not.

I was listening to the PMBR CD’s the other day and what I realized is that - whether it’s simply a marketing tactic or not - everyone wants you to fear the Bar. I think a healthy appreciation for the DIFFICULTY of the Bar is a good thing. You don’t want to be too overly confident and brush it off. However, fear is not necessarily the best motivator, and it certainly isn’t good if it paralyzes you into inaction or unfocused action. The guy on PMBR started talking about property - “Property is the most difficult subject you will see on the Multistate Bar Exam. Property is so hard because there is so much material to cover. You have to memorize rules about mortgages, conveyances, easements, rule against perpetuities, statute of frauds, blah blah blah…” He listed practically every issue and subissue you could possibly have in property. Then he comments (I paraphrase), “You may feel like this is an impossible subject to handle. I know you all feel overwhelmed and confused and are wondering how in the world you are possibly going to get a decent score on the property questions….” Well, if I didn’t feel overwhelmed and confused and intimidated before, I sure as heck feel that way NOW!!

Yes, there’s a lot to memorize for the Bar, and yes there are some concepts I probably won’t get down pat, but I don’t need anyone breathing down my neck with their power of suggestion that I can’t handle it. A friend who is taking Bar/Bri was telling me that she felt some days would be better off spent at home, studying her own way instead of going to class. But, she was afraid to do that b/c Bar/Bri emphasized that every class was important, and if you missed ONE, you might miss that one explanation that would help you pass the Bar. So, she goes to class everyday, and then regrets that she could have got more focused studying done if she’d just stayed home. It’s not just the bar reviews that do it, it’s other people, too - students, parents, teachers, friends, etc. - who tell you that the Bar is hard, the pass rate is low, you’re not studying hard enough, you should study more, how dare you go shopping when you have an essay to write!

I’ve heard and read several things about the Bar being something like 50% knowledge of the law, 50% mental and emotional endurance. I’m beginning to wonder if it’s not higher like 10% legal knowledge, 90% mental/emotional preparation. I KNOW that there is a decent chance I could fail the Bar in July based on the overall pass rates. But, the fact that I know that doesn’t mean I need to let myself be guided by fear of failure. I’m trying to find a balance b/w not being too confident that I’m going to pass (because, what if I fail?? then I look like a total idiot for 1) failing; and 2) having thought I could pass in the first place!) and total self-confidence that I am capable of passing, that I’m going to pass, and everything is going to work out. I mean, I’ve had days when I’ve felt so good about the test, that I’ve wondered - “Am i missing something???” I mean, WHY DO SO MANY PEOPLE FAIL??? What is the ultimate decider? the essays? the MBE? the performance tests?? I feel like I’m going along ok, but I’m sure thousands of people felt the same way before, and then failed. Am I missing something??? But, I can’t let myself worry too much or fear too much, because then I start feeling defeated, and what’s the point of that?? There will be enough time to feel defeated in Nov. if I don’t pass. I guess I may as well spend this next month feeling successful while I have the chance.

Lastly, after I decided PMBR was more intimidating than helpful, and the prof’s annoying reference to the class as “Gang” drove me nuts (So gang, Well gang, Ok gang…AAAHHHHH!!), I went the music route. You wouldn’t necessarily think that Eminem could be considered “inspirational,” but his two songs - Lose Yourself and Til I Collapse - are highly appropriate for this summer of studying… A few select lyrics:

Look, if you had one shot, or one opportunityTo seize everything you ever wanted-One momentWould you capture it or just let it slip?

You better lose yourself in the music, the momentYou own it, you better never let it goYou only get one shot, do not miss your chance to blowThis opportunity comes once in a lifetime…

‘Cause sometimes you feel tired,feel weak, and when you feel weak, you feel like you wanna just give up.But you gotta search within you, you gotta find that inner strengthand just pull that shit out of you and get that motivation to not give upand not be a quitter, no matter how bad you wanna just fall flat on your face and collapse.

Moving on from the MBE stuff

Now that my sexy man is back from his sailing trip, I’ve been able to be slightly more focused on the matters at hand, although occasionally distracted by him, but that is ok :)

These last couple of days I’ve been trying to finish up my review of the MBE subjects. What I’m finding is that I do ok on the questions and can spot the big issues fairly easily, but I have a hard time articulating the rules involved in both the MBE q’s and my practice essays. This is kind of ok on the MBE q’s because, in the end, who cares WHY you got the right answer as long as you got the right answer. However, when it comes to the essays, though, being able to articulate the rules is pretty important. I’ve been thinking a lot about how to approach preparing for the essays and how to memorize all those little details of law. I need to get my hands on some more practice essays. MicroMash gives you a book with 75 essays in it (6-7 per subject), but I have a feeling that I am going to be going through more than 75 essays between now and the end of July. I’m doing some more review of MBE stuff this weekend and then will begin reading for the state subjects and practicing essays for those starting Monday. In addition to the state subjects, I plan to do some MBE’s everyday, try to review my MBE flashcards at least a couple of days a week, and do practice essays regarding the MBE subjects.

While it was nice at N&R’s having my own quiet little place to study, my own fridge, bathroom, etc., there is part of me that is really enjoying hanging out with my sexy man in an SF home where I am currently sharing one bathroom with FIVE other people, and have to negotiate all the beer in the fridge just so I can get to my food. I love this house because it is always filled with people and there is a slight feeling of craziness to it all: In this three bedroom house (but with basement and sunroom), there’s 6 of us here right now, with a cat and a dog; the side of the house is under construction; there is only one shower; there is more beer and wine in the fridge than food (is there ANY food??); there is no dishwasher so there is always a pile of dishes on the countertop; and last night I was woken up at 2am by some of the roommates playing guitar downstairs and singing at the top of their lungs. My honey’s room is a little sanctuary, though, and at least we have access to the sunroom where I can study all day and watch the fog tumble over Twin Peaks into Cole Valley or bask in the warmth of concentrated sunshine, and not be bothered by anyone.

MicroMash Guarantee & the California Bar

I forgot to email essay #2 into the MicroMash mentor guy last night, and failure to do so results in me having forfeited any possibility of making good on the MicroMash guarantee. I’ve decided, though, that an attempt to meet the MicroMash guarantee - while an incentive - is not a realistic or SMART goal for someone taking the California Bar. There are people who have ran the numbers to figure out what sort of score you need on the MBE to have a decent chance at passing California’s bar, but the reality is that the MBE is 35% of your total Bar score. To get the MicroMash guarantee, I believe you have to send in all 6 essays by the specified dates, do ALL 3000+ of their MBE practice questions at least once, get ALL of them right at least once, and spend at least one minute on every question. I initially thought this might be a reasonable goal, but I realize now that it is dumb to dedicate so much time to the MBE when it is only 35% of my Bar score. Instead of spending additional hours going through all the questions I got wrong just for the sake of getting them RIGHT so I can meet the guarantee, I’d be much better off doing 3 or 4 practice essays in preparation for the Essay/Practice Performance portion of the Bar which is worth almost twice as much as the MBE. I will continue to do practice questions using their software, of course, and I still feel glad I didn’t take Bar/Bri or PMBR, but I don’t think I am going to strive to meet the MicroMash guarantee - well, I guess it doesn’t matter anyway because I didn’t turn my essay in on time, so I’m out already! I’m not saying that MicroMash isn’t a good program to use, it definitely has its benefits, but the time you’d put into trying to satisfy their guarantee could potentially eat up valuable time that might be better off spent doing other things. I think it’s a stronger incentive/program in those states that require a certain passing score for the MBE or those states that won’t even look at your essays unless you pass the MBE. But, for a state like CA that puts greater emphasis on the essay/performance tests, your writing and organization skills and your knowledge of the STATE subjects have to be completely solid, and I think it’s wise to spend more time working on that. So, the possibility of the MicroMash guarantee was nice while it lasted, but it looks like I have to pass the Bar this time around or fork over more money to Thompson one way or another.

Property Outline anyone??

One great thing about the Bar is that there is no incentive to NOT help others pass. So, in light of that, a friend passed on this property outline, which apparently follows the Bar/Bri property lectures to a T. Lord knows I can use all the help I can get in this subject….. Enjoy!

Another Bar Blog.. with Advice!

Well, there is obviously a very nice (and perhaps bored?) person in the blogosphere who passed the CA Bar on the first-time around and is now blogging about what he did (and didn’t do) that affected his (her?) studying for the bar. I looked through the first couple of posts and some of it seems helpful. More than anything, I guess, the notes are reassuring - you can pass, you don’t have to be getting 70% on all the MBE subjects right NOW, etc. So, check out this blog !! **It appears they took Bar/Bri, so if you’re taking Bar/Bri, you may relate more to some things mentioned, but the posts are pretty general overall…..

Brief Rant...

If there are any past Bar-takers out there reading this, can you please answer something for me?? On the MBE, do the authors, when raising the issue of what standard of review applies in a con law question, really say such things such as “P must prove the statute is irrational” ???? I mean, I thought that Rational Basis Review meant that P has to prove the statute is not rationally related to a legitimate state interest, not that the statute itself is “irrational.” I mean, I, as a law student, am smart enough to figure out that they are referring to RBR, but this is an incorrect statement of the law, and YET - supposedly, it was the right answer. Do the authors really do short-hand stuff like this?? If they do, then I am going to have to stop “overthinking” the answers, because I truly thought that, here, the authors were trying to get me confused as to what the RBR test was… But, no, apparently it wasn’t a trick. So frustrating!!!! AND, I really hate it when there appear to be two issues in the question, say interstate commerce & state police power, and the example given is of something that is traditionally reserved to the state, so - as the book says - the state’s statute should be upheld….. and the authors tell me it’s not about state rights at all and is purely an interstate commerce issue. Even though I’m getting all of these con law questions wrong, I feel it is a reflection of poorly written questions and not at all my lack of understanding/memorizing the material. ha. GRRRR!!!!

Doin the Mash, the MicroMash...in my Pj's

To add to my list of things I like/dislike about MicroMash, I have mixed emotions about the hard-copy study guides they present. Well, mostly the main volume since I haven’t looked too much at their condensed outlines version yet. The main volume relating to the MBE subjects is not done like the PMBR outlines - the material is offered in paragraph form. In some ways this is very helpful. It gets me thinking about the rules in paragraph form and sort of puts everything together for you. The downside is that there are some things that I would prefer to see in a more traditional outline form, like the types of contracts that fall within the statute of frauds. Instead of just listing them out either in paragraph or bullet form, the book slightly indents each type of contract, then has sub-paragraphs under that main one, etc. So, you can’t just glance at it and see a list ready-made, you have to flip through 5 pages to get it all figured out. Maybe they address this better in the condensed info version, but I’ll have to check.

What I’m noticing about some of these MBE q’s is that you really have to try to get into the author’s brain - Did author X really think that 7yr old Boy had the requisite intent to commit assault/battery against the umpire when Boy’s dad yelled “Kill the Ump” after a bad call, and Boy swung the bat at ump? The author is sure he did, although I wondered… And sometimes the fact patterns are just so jacked up you don’t know what answer is right, and then the explanations tell you that “A was obvious” because it’s common sense that blah blah blah blah blah. I’m thinking, wait! I’m being tested on the law, not what’s ‘common sense’!!!! It just really seems like alot of the questions are subjective, which is why you can’t ever get too hung up on the facts and it becomes more a game of eliminating the wrong answers. Half the time I mentally answer the question in my head, repeating the applicable rule, and that rule is not even one of the choices given.

I’ve spent the last two days studying contracts and was pleasantly surprised that I didn’t totally bomb the MBE’s I did. 32/51 isn’t bad for someone who originally got a C in her first-year contracts class. (**My favorite quote from an interview: “So, an A in torts, huh? But not so great in contracts I see…. Well, dammit - obviously you were born to be a litigator!”)
Tonight I’ll finish reading the contracts outline and write-up a practice essay, then on to Con Law tomorrow.

I must reiterate how GLAD I am that I listened to my gut and didn’t do Bar/Bri. It’s so nice to have such flexibility in my day and to not have to get out of my PJ’s if I don’t want to. I also love that I don’t DREAD getting up to go study (at least not yet - on day 3 of my f/t studying!) All of the people I know who are taking Bar/Bri really seem to dread going to the lectures, and are fairly miserable while they’re there. I still have to read the same outlines and review the same information, but I can do it from the comfort of my home and not sit and listen to the book being read to me. I don’t think that everyone else is foolish for jumping on-board the Bar/Bri train - we all have to do what works best for us - but i’m really really really glad that, so far, this is working for me! Another benefit is that I’m not around people who are stressing out about the test or how much their MBE scores are improving, etc. Even talking to my roommate the other day made my stomach queasy as she was lamenting how she was going to have to memorize the 26 subjects PA tests on their essay portion. For a brief moment, I thought - “Wow. I’m going to have to completely avoid every single one of my law school friends because I can’t handle these conversations!!” it’s still a thought, but I hope that we’ll all be able to agree to discuss something other than our Bar studies, even if it’s only the on-going saga of Britney Spears or the latest sale at Macy’s.

Two MicroMash Negatives & a HUGE plus!!

Since I’ve been using the MicroMash books/program for a day or two now, I have come across a few things that I dislike. Overall, I find their stuff easy to use and presented in a relatively decent manner, though. I plan to write a letter to MM at the end of it all letting them know of the ways I think they can improve their product. Here are the first things on my list:

1) When you’re using the online program and the explanation box pops up, MM doesn’t always tell you where to find the corresponding explanations in the hard copy outlines. The only time you get this information is if there’s an “exam alert” button. For one of the questions, the answer depended on whether you knew the “Dillon-Legg” case - which I didn’t. The explanations stated the rule but didn’t give any indication of where you could find the case in the outlines… So, I spent 10mins flipping through the sections trying to find it. V. Inconvenient. They need to ALWAYS put the corresponding pages with the explanations, no matter how easy and lame the involved rule is.

2) MM needs to state a rule the same way, always. I did three MBE’s. The first said there were two exceptions to employer liability for ind. contractor’s torts: inherently dangerous activities and non-delegable duties/activities. Two questions later, I get another question about it. Thinking I now know the exceptions, I answer confidently and am wrong. Apparently, there were THREE exceptions to the rule, adding owner/invitee to the list… So, I check the outline and it seems that the owner/invitee exception falls under non-delegable duties and isn’t really an independent exception. BUT - the MM explanation called it a third exception. Make up your mind how many exceptions there are and state the rule the same way, always.

**** Despite those negatives, one thing I LOVE about doing the MM questions is that they’re actually FUN. The best part is there is a bit of a delay (like 2 secs) between the time you answer the question and when the answer box pops up, and I can feel myself anticipating the box - CORRECT!!! You get a little green “correct” sign and a cute green check by your answer. How rewarding is THAT?!?!!?! As miserable as all this studying is, it truly is the small things that give great satisfaction.

First full day of studying & review of MBE Book

Yikes. I can’t belive that TODAY was only my first full day of studying. All last week, while agonizing over my situation, I tried to do a cursory review of Torts. Today, I finally finished Torts. I read the rest of the outline provided by MicroMash, did 15 MBE’s (I did 50 on Thursday!) and attempted a practice essay. My tentative plan for the next 5 subjects is to - in two days - read the outline for a subject, do 50-100 practice questions on the subject, and complete 2 practice essays for the subject. I hope to do one practice performance test a week, as well as do 10-20 MBE’s on the previously studied subject. I figure I’ll have to test this out in the next two days to see if it’s really possible to accomplish. As far as the state subjects go, I haven’t quite formulated a plan as to how to approach them. California only weighs the MBE as 35% of your score, but the MBE subjects can be tested in the essays which are worth a whopping 65%. So, I feel I need to spend a lot of time writing and prepping for the essays and performance test. I think this is different from those states who give the MBE equal or almost equal weight as the essays… But, again, I’m not quite sure how to formulate a study plan for the essays just yet. I’m going to have to figure that out in a week or two.

The MBE book I read - “Mastering the Multistate Bar Exam” by John Talamo was kind of helpful. In the book he talked alot about all the different things “your Bar Review Course would teach you.” So, if you’re not taking one, the book doesn’t offer a WHOLE lot in the way of in-depth strategies and approaches. However, I appreciated his mindset towards the Bar and his approach of studying vs. practicing the MBE questions. He said to spend a fair amount of time studying the questions - how they’re designed, what the answer choices are, the given explanations for the right/wrong answers… He recommended that you spend a decent amount of time going through the questions, not timing yourself, and not paying attention to what percentage of q’s you get right. Use these study sessions to familiarize yourself with the test, not just test whether you know the rules involved. Obviously you will be enforcing your knowledge of the law as you answer the questions and read the explanations, but also try to get to know the test and the different techniques used by the MBE authors. Only after studying this way for a while (you can judge), THEN start “practicing” the questions by doing chunks of MBE’s before checking your answers.

I thought this was a good approach on a couple of levels. Most of what I’ve heard/read about from others is that they are advised to do 50 MBE’s a day, mostly to determine what percentage of q’s they’re getting right. BUT - several people & books have pointed out that you can tend to peak on your MBE score mid-summer instead of in July when you need it most. Plus, people tend to get discouraged when they’re not getting a high enough percentage of q’s right and you create additional stress on yourself. But, if you take the study/practice approach, you won’t really start practicing the MBE’s until after a couple of weeks studying them. So, you’ll “peak” later *hopefully* and won’t get as frustrated because you know your purpose in studying the questions is to learn the test and reinforce your knowledge rather than trying to gauge whether you’re up to par for the real MBE. Since I’m not taking Bar/Bri, i have no idea whether this approach is unique or run-of-the-mill/what-they-all-recommend. MicroMash doesn’t really talk too much about how to approach the MBE other than mention the alternate ways you can use their online program.

Another thing the MBE book mentioned, which is not mind-blowing AT ALL, is that every q on the MBE is worth the same amount. So, don’t get hung up on a super long confusing question because the difficulty of the question doesn’t determine it’s weight; they’re all worth the SAME. Don’t waste time trying to figure out one q when you could use that time to answer several. Common sense, right? But, I know that i’ve got stuck on a lower-points essay before, to my detriment, just because I really really really wanted to figure it out…. This is a good thing for me to remember.

The book gives a few suggestions on how to study for the MBE (as noted above) and a few strategies about answering questions and the types of questions asked on the MBE. Overall, for me, it was helpful and a nice easy introduction into thinking about how to approach the MBE. Again, since I’m not taking Bar/Bri, I don’t have the advantage of hearing all the little tricks of the trade, so reading about some of the different techniques used by the MBE authors prepared me to think differently about the MBE and to evaluate the questions in a better way. For me, it was worth the $$, but if you’re taking Bar/Bri or any other live lecture course, you’ll probably get the same info from your instructors.