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You must score very well (5s and 6s) on at least 3 essays to pass this section of test.
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Each essay usually has 2 to 4 questions. –In reality, you are actually answering 24-48 mini-essays.
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Trusts is always paired with Guardianship
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Family Law may include Trusts and Estates (2)
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UCC includes 1 essay of either Sales and Leases, Commercial Paper, or Secured Transactions
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Wills & Trusts come in pairs
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Crossover topics include: Fed Tax, Oil & Gas, and Bankruptcy
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The goal of the exam is to see if, given small and discrete legal problems that are conveyed through fairly straightforward questions and a discrete set of facts, you can problem solve and provide correct and concise predictions/solutions.
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A great answer unpacks and addresses all issues
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A great answer: Cites the correct Texas Law and uses sufficient relevant facts to support its conclusion/prediction
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A great answer: Is easy to read and but hard to grade
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Questions are drafted to limit the scope of your analysis so you can fully discuss most of the spotted issues raised in the time available.
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Everyone who has prepared adequately has multiple opportunities to make a strong score!
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Depending on the subject, you should start with the call of the question(s);
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Use the call of the question as a dropdown menu to begin search for the ISSUES the question was written to test;
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the call of the question is your first bite of the apple as you launch a search to find issues.
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You must scrutinize the facts carefully and thoughtfully
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Texas bar exam facts are Texas rules concealed (but not too much);
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Bar exam fact patterns are usually fairly short—but the longer ones contain several wasted facts!
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You must probe facts by asking: Why did examiners give me this fact like this—what major or minor issues does it raise?
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You must probe facts by asking: Why are they calling this fact out?
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You must scrutinize, names of parties, status, places, etc.
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You should identify which paragraphs and facts pertain to each question/issue—each paragraph tends to closely correlate to each question!
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if you recognize and address all sub-issues, you will pick up extra points
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It’s all about what should happen WHEN—the facts supply the “when”
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When answering questions, remember that you are a bar examinee, your answer should reflect what you learned in school.
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Try to understand the question: You can score well even if you don’t grasp the question
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Read to unpack the issues: the facts are the jumping off point
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Before you start writing an answer, you must quickly prepare a brief outline of your answer
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Take your time to think. Divide your time equally among each issue.
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Breathe and quickly jump to your conclusion before you start writing your answer
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Remember: Lawyers don't analyze issues, they frequently write essays!
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Subjects are usually in order, and they always come in pairs
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The main goal is to first identify what rules are triggered by the facts.
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Bar examinee must wear three different hats: as a young lawyer, as a bar examinee, and bar examiner
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As a young lawyer, you must analyze the law and break it down and provide a clear, concise answer
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You must fight homelessness and find a home for every fact.
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P&E Crim Pro and P&E Civ Pro - are worth 40 pts each
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Contracts and Torts are worth 30 points each
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Property, Evidence, Con Law, and Civ Pro are each worth 28 points
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Essay on Wills, Property, BA, and Family law are worth 66 points
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When it comes to essays, it is all about the bass
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To improve your chances of writing 5s and 6s, you must read with a predictive mindset.
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Reading with curiosity includes: using the call of the question to write a story, using the call of the question to focus your read.
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Pay attention to keywords, phrases, numbers, connectors, but most importantly, verbs (it is what people did or failed to do and had a duty to do).
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Success requires depth of knowledge more than breadth of knowledge!
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A fact must change the ultimate outcome of an issue to be legally significant.
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Usually, bar exams test existing/settled rules; they rarely test sub-rules/exceptions…
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If you can’t recall the specific rule(s), make up a similar one to get you to your conclusion.
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Make sure you can honey-test several of the key rules.
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After building a solid base of knowledge (not perfect knowledge) then do half simulated exam (6 essays) on a Saturday.
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Keep the “science” in mind and play to your weaknesses while maximizing your strengths.
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Ignore any area that it is a lost cause for you to learn; you don't have to know something about everything! it is too much!
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Bankruptcy and Federal Income Tax don't come in order but are frequently tested so devote plenty of time to these topics
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Make sure you “stick” to essay topics, especially in the last two weeks
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If you practice banking time from “easier” questions to spend on harder topics you might get behind. Stick to your allotted time, 30 minutes per question.
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Some people sparkle with spontaneity in a bar exam; it’s all about practice and execution!
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Answer the question: Use the call, facts and rules to unpack the issues.
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Watch out for sub-rules/exceptions: The devil is in the details; notice and address the nuances; that’s how you crush essays!
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Practice, practice, practice: If you practice right, on game day, you’ll play like you practiced! Thus, practice, pre-write and memorize!
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Fight Homelessness: Find a home for each legally significant fact!
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Don’t circle the airport; land the plane: Spit out the answer quickly; get in; get out; get on to the next question; watch your OCD—perfect it later.
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Get hooked on CRAC; it keeps you sane and your answer organized.
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Attempt every question; better some points than no points.
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Bank time: Use 25 minutes or less per question.
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Make it easy to grade: Follow question order; use short paragraphs, short sentences, headings and transitions!
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It is possible to ace every essay, you can do it!
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The most common topics about Land are Landlord / Tenant issues and Leases
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Elder law and death-related topics include Wills, Estate Admin, Guardianships
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Business topics: BA: corporations, partnerships, LLCs; UCC; Consumer Law; Agency and Trusts relationships