When studying for the bar exam (or any exam for that matter), its easy to go through and memorize the broadest topics first and then narrow it down into the details. I call the broadest topic within a given subject, Stage 1. So if I were to write an outline on Contracts, for example, my Stage 1 Outline would look like this:
I. Applicable Law
II.Formation
III. Terms
IV. Third Party Rights
V. Conditions
VI. Performance
VII. Breach
VIII. Remedies
When memorizing the broadests topcis, I would first review this list. Second I would use my word processor and try to type as far down the list, in order, by memory. Do not be disheartened if you cannot even get past the first word. This memorization exercise, given to us by learning psychologists, will help you.
Let’s say you are stuck after “Applicable Law”. Look back at your Stage 1 Outline again and review it. Now put the Stage 1 Outline away and try to type it from the beginning again. “I. Applicable Law, II. Formation, III….” Now you are stuck at formation. Again, take another glance at your Stage 1 Outline. Now go back to your word processor, begin at the first topic “I. Applicable Law, II. Formation, III. Terms IV. Third party Rights….”
You will notice that you are doing better and better every time. Make sure to congratulate yourself and to try to type your Stage 1 Outline every morning. Don’t forget to add to your outline every morning too, preferable the stage 1 of another subject. Soon you will start adding details to your Stage 1 Outline, thus making a Stage 2 Outline.
When I studied for the bar exam I took a bar prep course, some of my collegaues took a competing course, and others studied on their own. I had the opportunity to observe and analyze what techniques all my ”First-Time Bar Passer” colleagues used.There are certain subjects that are the same in every jurisdiction. Our information and details will be the same but our outlines may be oganized slightly different. Here are my Stage 1 Outlines for: Contracts (Above) , Torts, Property, Evidence, Constittional Law, Criminal Law, and Criminal Procedure here. Some of the reasoning behind my organization may not be clear to you until you see the Stage 2 and/or Stage 3 details of my outlines in future articles.
TORTS
I. Intentional Torts
II. Defamation and Privacy
III. Negligence
IV. Strict Liability
V. Vicarious Liability
VI.Products Liability
VII. Other Torts
VIII. Remedies
Property (this one’s a doozy)
I. Concurrent Estates
II. Present Estates
III. Future Estates
IV. Adverse Possession (AP)
V. Landlord/Tenant (L/T)
VI. Nonpossessory Estates
VII. Covenants
VIII. Land Sales Contract
IX. Deeds
X. Security Interest
XI. Water Rights
XII. Rights of Support
XIII. Estates (Concurent, Present, Future)
XIV. Adverse Possession
XV. Landlord-Tenant
XVI. Covenants
XVII. Conveyancing (Land Sales Contracts, Deeds, Security Interests)
XVIII. Rights (Water, Of Support)
EVIDENCE (Although Stage 1 is slight, the details in the following stages are many)
I. Form
II. Purpose
III. Presentation
IV. Hearsay
V. Privilege
CONSTITUTIONAL LAW
I. Judicial Power
II. Executive Power
III. Legislative Power
IV. Federalism
V. State Action
VI. Procedural Due Process
VII. Substantive Due Process
VIII. Eminent Domain
IX. Equal Protection
X. Speech
XI. Press/Association
XII. Religion
XIII. Collateral Bar Rule
CRIMINAL LAW
I. General Principles
II. Crimes Against Persons
III. Crimes Against Habitation
IV. Theft Crimes
V. Inchoate Offenses
VI. Defenses
Criminal Procedure
I. Fourt Amendment (Search and Seizure)
II. Fifth Amendment
III. Sixth Amendment
IV. Eight Amendment
The remaining subjects that may be in your upcoming bar exam have many state-specific details. I will have them on a future article but most likely it will only be for California, Nevada and Kansas. It isn’t difficult to create your own Stage 1 outline for your jurisidction’s bar exam. See my previous article on dividing your outline into stages.