315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)

Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we summarize the topics from Torts we've covered in our "Listen and Learn" series. Today, we're focusing on negligence and its four key elements - duty, breach, causation, and damages. We have included an attack plan for exam questions on negligence, and a quick practical example. In this episode, we discuss: An overview of negligence The four elements of negligence - duty, breach, causation, and damages An attack plan for answering exam questions on negligence A practical scenario illustrating a negligence analysis Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/) Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/podcast-episode-97-listen-and-learn-the-reasonable-person-standard/) Podcast Episode 147: Listen and Learn – Negligence: Duties of Professionals and Children (https://barexamtoolbox.com/podcast-episode-147-listen-and-learn-negligence-duties-of-professionals-and-children/) Podcast Episode 149: Listen and Learn – Negligence: Duties of Landlords, Owners, and Possessors of Land (https://barexamtoolbox.com/podcast-episode-149-listen-and-learn-negligence-duties-of-landlords-owners-and-possessors-of-land/) Podcast Episode 186: Listen and Learn – Negligence: Proximate Cause (https://barexamtoolbox.com/podcast-episode-186-listen-and-learn-negligence-proximate-cause/) Podcast Episode 247: Listen and Learn – Negligence: Factual Causation (https://barexamtoolbox.com/podcast-episode-247-listen-and-learn-negligence-factual-causation/) Podcast Episode 315: Listen and Learn – The Breach Element of a Negligence Claim (Torts) (https://barexamtoolbox.com/podcast-episode-315-listen-and-learn-the-breach-element-of-a-negligence-claim-torts/) United States v. Carroll Towing Co. (https://www.casebriefs.com/blog/law/torts/torts-keyed-to-dobbs/negligence-the-breach-or-negligence-element-of-the-negligence-case/united-states-v-carroll-towing-co/) Download the Transcript (https://barexamtoolbox.com/episode-316-spotlight-on-torts-part-1-negligence/) If you enjoy the podcast, we'd love a nice review and/or rating on  Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur" doctrine, and we will walk through several hypotheticals involving breach of the standard of care. In this episode, we discuss: An overview of negligence claims The reasonable person standard The "res ipsa loquitur" doctrine Hypothetical scenarios involving breach of the standard of care Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, July 2021 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/July-2021-CBX-Essay-Qs-and-Selected-Answers.pdf) Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/) Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/podcast-episode-97-listen-and-learn-the-reasonable-person-standard/) Podcast Episode 147: Listen and Learn – Negligence: Duties of Professionals and Children (https://barexamtoolbox.com/podcast-episode-147-listen-and-learn-negligence-duties-of-professionals-and-children/) Podcast Episode 149: Listen and Learn – Negligence: Duties of Landlords, Owners, and Possessors of Land (https://barexamtoolbox.com/podcast-episode-149-listen-and-learn-negligence-duties-of-landlords-owners-and-possessors-of-land/) Download the Transcript (https://barexamtoolbox.com/episode-315-listen-and-learn-the-breach-element-of-a-negligence-claim-torts/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're discussing torts – specifically, the intentional tort of false imprisonment and the associated defense, shopkeeper's privilege. We also go through several sample questions and apply the law to the fact patterns. In this episode, we discuss: An overview of intentional torts The elements of false imprisonment Hypothetical scenarios from previous California bar exams The shopkeeper's privilege defense to false imprisonment Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, July 2010 (https://juraxbar.com/wp-content/uploads/2016/04/July-2010-CBX.pdf) California Bar Examination – Essay Questions and Selected Answers, July 2006 (https://nwculaw.edu/pdf/bar/July%202006%20Essays%20and%20Sample%20Answers.pdf) Download the Transcript (https://barexamtoolbox.com/episode-314-listen-and-learn-false-imprisonment-and-shopkeepers-privilege-torts/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! This is the final installment of the summary of Criminal Law topics we've covered in our "Listen and Learn" series. Today, we're reviewing crimes against the person, the felony murder rule, and accomplice liability. We also address the complex scenarios that are likely to show up on the bar exam and offer a strategy for analyzing criminal law questions. In this episode, we discuss: Assault and battery: key distinctions False imprisonment and kidnapping The felony murder rule Accomplice liability Strategy for approaching criminal law questions on the bar exam Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 307: Listen and Learn – Crimes Against the Person (Part 1) (https://barexamtoolbox.com/podcast-episode-307-listen-and-learn-crimes-against-the-person-part-1/) Podcast Episode 308: Listen and Learn – Crimes Against the Person (Part 2) (https://barexamtoolbox.com/podcast-episode-308-listen-and-learn-crimes-against-the-person-part-2/) Podcast Episode 309: Listen and Learn – Felony Murder and Causation (Criminal Law) (https://barexamtoolbox.com/podcast-episode-309-listen-and-learn-felony-murder-and-causation-criminal-law/) Podcast Episode 310: Listen and Learn – Accomplice Liability (Criminal Law) (https://barexamtoolbox.com/podcast-episode-310-listen-and-learn-accomplice-liability-criminal-law/) Download the Transcript (https://barexamtoolbox.com/episode-313-spotlight-on-criminal-law-part-3/) If you enjoy the podcast, we'd love a nice review and/or rating on  Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we summarize the topics from Criminal Law we've covered in our "Listen and Learn" series. Today we explore the elements of key property crimes (like larceny, robbery, embezzlement, burglary, and arson) and inchoate offenses (such as attempt, solicitation, and conspiracy). We also discuss defenses to criminal acts and offer strategies for analyzing these topics on the bar exam. In this episode, we discuss: The elements of various property crimes and key distinctions between them Summary of inchoate offenses -- the "almost" crimes Defenses to criminal acts Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 112: Listen and Learn – Property Crimes (https://barexamtoolbox.com/podcast-episode-112-listen-and-learn-property-crimes/) Podcast Episode 175: Listen and Learn – Inchoate Offenses (Criminal Law) (https://barexamtoolbox.com/podcast-episode-175-listen-and-learn-inchoate-offenses-criminal-law/) Podcast Episode 202: Listen and Learn – Defenses to a Crime (https://barexamtoolbox.com/podcast-episode-202-listen-and-learn-defenses-to-a-crime/) Download the Transcript (https://barexamtoolbox.com/episode-312-spotlight-on-criminal-law-part-2/) If you enjoy the podcast, we'd love a nice review and/or rating on  Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we summarize the topics from Criminal Law we've covered in our "Listen and Learn" series. We begin by reviewing the elements of a crime (actus reus, mens rea, causation, concurrence) and the various types of homicide (first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter). We also cover legal defenses in criminal law and provide an attack plan for analyzing homicide questions on an exam. In this episode, we discuss: The essential elements of a crime The different types of homicide Legal defenses in criminal law An attack plan for analyzing homicide questions on an exam Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Podcast Episode 260: Listen and Learn – Elements of a Crime (https://barexamtoolbox.com/podcast-episode-260-listen-and-learn-elements-of-a-crime/) Podcast Episode 87: Listen and Learn – Homicide (https://barexamtoolbox.com/podcast-episode-87-listen-and-learn-homicide/) Podcast Episode 218: Listen and Learn – Intent Under the Model Penal Code (Criminal Law) (https://barexamtoolbox.com/podcast-episode-218-listen-and-learn-intent-under-the-model-penal-code-criminal-law/) Podcast Episode 202: Listen and Learn – Defenses to a Crime (https://barexamtoolbox.com/podcast-episode-202-listen-and-learn-defenses-to-a-crime/) Download the Transcript (https://barexamtoolbox.com/episode-311-spotlight-on-criminal-law-part-1/) If you enjoy the podcast, we'd love a nice review and/or rating on  Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on another topic from Criminal Law -- namely, accomplice liability. We're covering the three elements of establishing accomplice liability, situations where accomplice liability doesn't apply, and what defenses a person charged as an accomplice can assert. We also apply these concepts to several hypothetical scenarios. In this episode, we discuss: Elements of accomplice liability Exceptions and defenses to accomplice liability Analysis of three criminal law hypotheticals Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure (https://barexamtoolbox.com/podcast-episode-70-tackling-a-california-bar-exam-essay-criminal-law-and-procedure/) Download the Transcript (https://barexamtoolbox.com/episode-310-listen-and-learn-accomplice-liability-criminal-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! Today we're exploring some complex aspects of criminal law that frequently appear on exams -- the felony murder rule and causation in homicide cases. We have included an analysis of two hypothetical scenarios to illustrate these legal principles. In this episode, we discuss: Review of the felony murder rule Which felonies are considered inherently dangerous? The death of a co-felon rule Causation in homicide cases, and when is the chain of causation broken? Analysis of two hypothetical criminal law scenarios Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Podcast Episode 87: Listen and Learn – Homicide  (https://barexamtoolbox.com/podcast-episode-87-listen-and-learn-homicide/) Download the Transcript (https://barexamtoolbox.com/episode-309-listen-and-learn-felony-murder-and-causation-criminal-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! We're continuing the discussion from last week on crimes against the person. In the previous episode, we covered the basic elements of assault, battery, false imprisonment, and kidnapping, and walked through a scenario involving these crimes. Today, we'll build on that foundation by analyzing more complex hypotheticals that test the boundaries of these offenses. In this episode, we discuss: A review of the elements of assault, battery, false imprisonment, and kidnapping Analyzing two hypothetical scenarios involving crimes against the person Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Podcast Episode 103: Listen and Learn – Assault and Battery (https://barexamtoolbox.com/podcast-episode-103-listen-and-learn-assault-and-battery/) Podcast Episode 307: Listen and Learn – Crimes Against the Person (Part 1) (https://barexamtoolbox.com/podcast-episode-307-listen-and-learn-crimes-against-the-person-part-1/) Download the Transcript (https://barexamtoolbox.com/episode-308-listen-and-learn-crimes-against-the-person-part-2/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing four crimes against the person – assault, battery, false imprisonment, and kidnapping. We'll walk through the elements of each crime and see an example which illustrates how they may appear and interact on the bar exam. In this episode, we discuss: The elements of assault, battery, false imprisonment, and kidnapping Analysis of a hypothetical scenario involving crimes against the person Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Podcast Episode 103: Listen and Learn – Assault and Battery (https://barexamtoolbox.com/podcast-episode-103-listen-and-learn-assault-and-battery/) Download the Transcript (https://barexamtoolbox.com/episode-307-listen-and-learn-crimes-against-the-person-part-1/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee