Sunday, May 29, 2011

Removal from federal court to state court is easy

"Removal" is an easy concept.  Remember, only the defendant can remove, and it is only available to transfer a case from state to federal court.



Saturday, May 28, 2011

3 Bar Exam Tips: "Don't Let Your Bladder Distract You"


1. Skip the property questions and do them last. 

All MBE questions are worth the same, so it makes no sense to waste time on the extremely long questions if time is an issue for you.  Many people do not finish the MBE, and a good number of them could have prevented this from happening by using this technique.  At the very least, they would have probably gotten one wrong answer as opposed to two wrong answers.  Some evidence questions may be no more than 50 words, but a Property fact pattern might go on for hundreds and hundreds. 

Caution: Figure out a place to write the question numbers you skip, and make sure you do not fill in the wrong answer bubbles when proceeding to the next question.

2. Don’t let your bladder distract you.

If you have to pee, get up and go pee!  Don’t sit there in agony afraid you might lose precious time.  A good time to go is at the halfway point during each session.  Even if you do not have to go, it is a good idea to get up and stretch your legs, clear your head momentarily, and then get back to work.

3. Do 10 practice problems before the MBE

The way your brain works to solve MBE questions should be peaking when you take the exam.  Just like you should warm-up before working out, do a few questions before the test to get your brain ready for the upcoming barrage.  When you sit down and look at question #1, you will not feel the panic or shock some Bar-takers experience. Instead, you’ll be calm and collected.

Friday, May 27, 2011

Master Federal Personal Jurisdiction in 5 Minutes: Free Aid for Visual Learners

Federal Jurisdiction is one of the most frequently tested subjects on the Bar Exam in many states.  Luckily, it isn’t difficult.  You owe it to yourself to master this analytical process right now, if you have not done so already.

Let’s start with the most basic of rules…Personal Jurisdiction.  The rule for this (and the correct way to analyze it) seems to be misunderstood by many students…this could be based in part on the fact that a popular Bar review course teaches Personal Jurisdiction before Subject Matter Jurisdiction.  In my opinion, this is a mistake.  Here is an easy chart for you visual learners: