The Balanced Approach


Be a Bar Exam Warrior

Powering through the final day

The predictions out there include Torts, Civ Pro, Crimes and of course PR.  PR can be crossed over with any of the above as well.  I want to take the time to refresh your memory on some issues that might not be at the forefront of your memory.

All of these are heavily elemental subjects so remember to "RA RA RA"  to maximize your analysis points.

I am cheering for you  both, literally and metaphorically!

I am cheering for you  both, literally and metaphorically!


If Torts is crossed over with Civil Procedure, prepare to be able to discuss the prima facie case at hand and possibly a discovery motion, a motion to dismiss, a class action certification or a res judicata issue.  Most of you have reviewed the big issues such as negligence, intentional torts and products liability.  Spend a moment to review the outlier issues such as defamation (qualified an absolute privileges) and malicious prosecution.  Malicious prosecution, the tort, could also be crossed over with a Crimes question.  

Malicious prosecution requires (1) institution of criminal proceedings against plaintiff, (2) termination of the case in plaintiff's favor, (3) absence of probable cause, (4) improper purpose and (5) damages.  Know that prosecutor's cannot be sued for malicious prosecution, even if they lacked probably cause or acted in bad faith.  Look for someone filing a false police report in order to get a defendant arrested.  

Know the difference between a false arrest and malicious prosecution.  Under malicious prosecution the arrest is likely lawful.  A false arrest is one made without a valid warrant.

Nuisance: Remember that Private and Public Nuisances are damages, not a separate tort. Attractive nuisance falls under duty/standard of care element of negligence and is also not a separate tort.   A landowner is required to take special care as to risks children are exposed to. The special duty is imposed where an owner knows of a dangerous condition on the land, owner knows young children frequent the area, the condition is likely to cause injury because children in particular are unable to appreciate the risk, and it would be inexpensive to remedy the risk compared to the magnitude of the risk. 

Best advice is to look over your checklists in every subject today and review the issues you feel iffy about.  Then review the predicted subject's checklists as well and review those iffy issues as well as the specific issues predicted.  Finally, do a quick review of the Crimes, Torts and PR blog posts that I posted this week.  

For the Performance Test, my guess is that it will be objective and the subject matter might be dry.  Be prepared to explore both sides of the issue and present the options and outcomes to your audience.  Use your lunch break to get some physical exercise and energy (in case it is a dry topic) and remember to power pose your way through. Because, when you finish, you are done!

Best Wishes - and Power through!

Best Wishes - and Power through!

One more thing....Another possible way to crossover several subjects could be in a Torts defamation case where they test you on civil procedure and constitutional law in a SLAPP/Anti-SLAPP fact pattern. They could even bring in professional responsibility in a hypo like that...signing off now....Good night and good luck!




Amy Parekh