5. Use Textbook Answers As a Method To Create Your Answers on Particular Topics.

The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Exam.

Most law school graduates in the United States are enrolled in some form of commercial bar preparation course. Most. Not everyone. Still, those who are not, probably purchased bar exam materials from some one who was enrolled in a commercial prep course, or purchased materials directly from a commercial bar course. That is beautiful. There is nothing wrong with obtaining the best materials possible to help you pass the bar exam.

I have a question for you. Are you really using the commercial bar prep materials to your advantage? Or, are you answering questions and reading answers, blithely? Are you not giving proper recognition to the answer that was written by an applicant, or a bar examiner, or a lawyer hired by a commercial bar preparation company? If not, then why aren't you looking at the well written answer of a colleague, an examiner, or a lawyer hired to write a good answer.

Why wouldn't you look at the answer provided for you and incorporate the language (that you find helpful) directly into your outline?

Huh? I can't hear you.

How does that saying, go? Don't fix a broken wheel? Don't reinvent the wheel. That's it. Sorry, it takes me a minute to catch on. Do not reinvent the wheel.

Let's look at an example:

Question
Don, as a subscriber, received a printed credit report from Credit Co. ("Credit") stating that Paula, an employee of Don, had over the past year written three checks that were returned for insufficient funds. This statement was incorrect, because Credit had confused Paula with another person of the same name.

Thereafter, Don called Paula into his office and told her that he was firing her. When Paula asked why she was being fired, Don replied, "Because you write bad checks." Paula strenuously denied ever writing bad checks, but Don refused to reconsider his decision.

Paula then sought employment with another employer. This prospective employer called Don and asked why she had been let go, and Don relayed the statement he had received from Credit. The prospective employer then declined to hire Paula.

1. What rights does Paula have against Credit? Explain.

2. What rights does Paula have against Don? Explain.

Answer:

Paragraph #1
1. Paula v. Credit: Paula may have a claim of defamation against Credit, but will probably not be successful because Credit can defend that it had a qualified privilege to issue the report. The issues are whether Credit, by way of its inaccurate credit statement, defamed Paula and whether it was privileged to make its statement.

Thoughts (about paragraph #1).
1. Remove extraneous words from the answer.
2. Abbreviate whenever possible.
3. Don't include sentences that begin with, "the issues are ... because the first sentence indicates to the reader that an issue exists re: defamation & a defense of privileged material.

Thoughts (about writing the law from paragraph #1)
P will sue C for defamation, but will lose because C had a qualified privilege to issue the report.

Paragraph #2
A defamation case is established if there is a publication to a third person of a statement understood as defamatory of the plaintiff that causes damage to the plaintiff's reputation. The type of damage the plaintiff must prove depends on whether the defamation constitutes libel or slander. Libel is the written or printed publication of defamatory language wherein the plaintiff does not need to prove special damages and general damages are presumed. Slander is spoken defamation wherein the plaintiff must prove special (i.e., pecuniary) damages unless the defamation falls within a slander per se category.

Thoughts (about writing the law from paragraph #2)
1. Defamation is publication of a statement to a 3rd party causing damage to the person's reputation.
2. Defamation can either be libelous or slanderous.
3. Libel is written or printed; special damages are not proven; general damages are presumed.
4. Slander is spoken, but plaintiff must prove special damages unless it is slander per se.

Paragraph #3
When the defamation involves a public figure and a matter of public concern, the plaintiff must prove, in addition to the common law elements, the falsity of the statements as well as malice (knowledge of falsity or reckless disregard of truth) on the part of the defendant. When the defamation involves a private person but a matter of public concern, the plaintiff must prove at least negligence and actual injury, in addition to falsity and the common law elements.

Thoughts (about writing the law from paragraph #3)
1. Defamation of a public figure and public concern require proof that the statements were false, and the conduct was done with malice, plus proof of the common law elements.

2. Defamation of a private person and public concern require proof of negligence, actual injury, falsity and the common law elements.

Additional Thoughts (for all paragraphs or any answers that you like).
1. Use the answers to essay questions to help you write/prepare definitions or explanations of the law to include in your outline. The already written sentences (will) may help you combine words that you might have had difficulty trying to "combine" before.

2. If you like the way the writer explained the legal statement, use it, especially if it was written in a manner that you understand. It is okay.

3. Cut out additional words to make the answer efficient.

4. Cross-out words in the answer that are extra words - words that really aren't necessary to the answer.

5. Incorporate. Incorporate. Incorporate. That is, incorporate information into your outline. Yes, it will take some time to do. But your job is just to complete your outlines on or before the last 14 days or so before the bar exam. That is the clock you are trying to beat.

Again, do not reinvent the wheel.

Use the textbook answers to incorporate in your outline esp., when the writer does a good job of explaining something, that you, in turn, will use, to explain the same concept to the bar examiners.