329: Listen and Learn -- Negligent Infliction of Emotional Distress (Torts)

Welcome back to the Bar Exam Toolbox podcast! This episode explains the concept of negligent infliction of emotional distress (NIED) in tort law, outlining the four specific situations in which a plaintiff can recover for emotional harm caused by another's negligence.  In this episode, we discuss: A review of the elements of negligence The four situations in which NIED claims are valid Negligent versus intentional infliction of emotional distress Hypotheticals and examples illustrating NIED 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, February 2011 (https://juraxbar.com/wp-content/uploads/2016/04/February-2011-CBX.pdf) Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence) (https://barexamtoolbox.com/podcast-episode-316-spotlight-on-torts-part-1-negligence/) Download the Transcript (https://barexamtoolbox.com/episode-329-listen-and-learn-negligent-infliction-of-emotional-distress-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! Today we're diving deep into something that's about to shake up the legal profession in a big way: the NextGen UBE bar exam. If you're a law student, recent graduate, or even practicing attorney wondering what all the fuss is about, this episode is your one-stop guide to understanding how future lawyers will be tested. In this episode, we discuss: Structure of the NextGen UBE and key changes Timeline and jurisdiction rollout Implications for law students and schools Is the NextGen UBE going to be harder or easier? Resources: NextGen UBE Sample Questions (https://www.ncbex.org/exams/nextgen/sample-questions) NextGen UBE Content Scope (https://www.ncbex.org/sites/default/files/2025-07/NCBE%20NextGen%20UBE%20Content%20Scope-Aug%202025.pdf) Podcast Episode 327: Facts and Fears Around the Integrated Questions Sets (IQSs) on the NextGen Bar Exam (https://barexamtoolbox.com/podcast-episode-327-facts-and-fears-around-the-integrated-question-sets-iqss-on-the-nextgen-bar-exam/) NextGen Bar Exam 2026: Your Complete Guide to the Biggest Legal Education Change in 25 Years (https://barexamtoolbox.com/nextgen-bar-exam-2026-your-complete-guide-to-the-biggest-legal-education-change-in-25-years/) Download the Transcript (https://barexamtoolbox.com/episode-328-the-nextgen-ube-101/) 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 episode discusses the upcoming NextGen bar exam, highlighting major changes such as the introduction of integrated question sets (IQSs) and a shift toward testing legal skills alongside knowledge. We share students' concerns about the unfamiliar format, time management challenges, and the need for new study strategies. In this episode, we discuss: Overview of the NextGen bar exam format Integrated question sets: What will they contain? The introduction of a partial credit grading system Lee and Alison's initial reactions to the IQSs Common student fears around the new bar exam format, and our suggested solutions  Resources: NextGen UBE Sample Questions (https://www.ncbex.org/exams/nextgen/sample-questions) Podcast Episode 248: Considerations for the NextGen Bar Exam (Plus Questions We Still Have!) (https://barexamtoolbox.com/podcast-episode-248-considerations-for-the-nextgen-bar-exam-plus-questions-we-still-have/) Law School Toolbox Podcast Episode 520: Preparing for the NextGen Bar Exam with Themis (https://lawschooltoolbox.com/podcast-episode-520-preparing-for-the-nextgen-bar-exam-with-themis/) NextGen Bar Exam 2026: Your Complete Guide to the Biggest Legal Education Change in 25 Years (https://barexamtoolbox.com/nextgen-bar-exam-2026-your-complete-guide-to-the-biggest-legal-education-change-in-25-years/) NextGen Bar Exam Technology Requirements: What Is the New Digital Reality? (https://barexamtoolbox.com/nextgen-bar-exam-technology-requirements-what-is-the-new-digital-reality/) Download the Transcript (https://barexamtoolbox.com/episode-327-facts-and-fears-around-the-integrated-question-sets-on-the-nextgen-bar-exam/) 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 episode of our "Listen and Learn" series focuses on the three main methods for distributing assets among heirs when someone dies intestate: per stirpes, modern per stirpes (or per capita by representation), and per capita by generation. We walk through each method with examples highlighting how shares are divided among descendants in different family scenarios. In this episode, we discuss: How assets are divided among heirs through the following methods: traditional per stirpes modern per stirpes (or per capita by representation) per capita by generation Walkthroughs of different family 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 27: Tackling an MEE Question: Wills and Trusts (https://barexamtoolbox.com/podcast-episode-27-tackling-an-mee-question-wills-and-trusts/) Podcast Episode 75: Tackling a California Bar Exam Essay: Trusts (https://barexamtoolbox.com/podcast-episode-75-tackling-a-california-bar-exam-essay-trusts/) Download the Transcript (https://barexamtoolbox.com/episode-326-listen-and-learn-intestate-distribution-wills-and-trusts/) 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! The bar prep period is a time when you need to have clear thinking, mental focus, and be able to learn quickly and efficiently -- however, more and more our daily life is interfering with all of that. Today we're talking about focus, deep work, and how to make sure your brain is primed to work hard and get stuff done. In this episode, we discuss: The cost of social media distraction Task-switching and multitasking: how good are we at it? What is "Flow" and why is it important? Optimizing your bar exam study time Avoiding anxiety-inducing activities Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Pomodoro Technique (https://en.wikipedia.org/wiki/Pomodoro_Technique) Need to Get More Done in Law School? Try The Circles. (https://thegirlsguidetolawschool.com/08/tips-time-management-awesomeness-with-the-circles/) How Napoleon Would Have Approached Law School. Or, Why It's Good to Be Lazy. (https://thegirlsguidetolawschool.com/12/how-napoleon-would-have-approched-law-school-or-why-its-good-to-be-lazy/) Tricks for Staying on Track and Avoiding Distractions When Studying for the Bar (https://barexamtoolbox.com/tricks-for-staying-on-track-and-avoiding-distractions-when-studying-for-the-bar/) That Crumpled Paper Was Due Last Week, by Ana Homayoun (https://www.amazon.com/That-Crumpled-Paper-Last-Week/dp/0399535594) Digital Minimalism, by Cal Newport (https://www.amazon.com/Digital-Minimalism/dp/0241453577/ref=tmm_pap_swatch_0) Download the Transcript (https://barexamtoolbox.com/episode-325-is-distracted-bar-exam-prep-productive/) 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 this episode we explain the legal concepts of self-defense and defense of others, focusing on their importance in criminal law and in bar exam scenarios.   In this episode, we discuss: Self-defense: rules and elements Imperfect self-defense Defense of others: rules and elements Two hypothetical scenarios from previous California bar exams 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, February 2008 (https://nwculaw.edu/pdf/bar/February%202008%20Essays%20and%20Sample%20Answers.pdf) California Bar Examination – Essay Questions and Selected Answers, February 2006 (https://nwculaw.edu/pdf/bar/February%202006%20Essays%20and%20Sample%20Answers.pdf) Download the Transcript (https://barexamtoolbox.com/episode-324-listen-and-learn-self-defense-and-defense-of-others/) 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 this episode we provide practical advice for creating a personalized bar exam study schedule, taking into account accommodations, past scores, available study time, and life events. We emphasize the importance of scheduling breaks, managing unplanned interruptions, and being realistic about your commitments to ensure effective and sustainable preparation.   In this episode, we discuss: Bar exam accommodations Analyzing past scores Estimating your study time Incorporating breaks into your study routine Handling unplanned interruptions Resources: Podcast Episode 155: Creating a Study Schedule for the Bar Exam (https://barexamtoolbox.com/podcast-episode-155-creating-a-study-schedule-for-the-bar-exam/) Steps to Making Your Own Bar Exam Study Schedule (https://barexamtoolbox.com/steps-to-making-your-own-bar-exam-study-schedule/) Seeking Accommodations on the Bar Exam (https://barexamtoolbox.com/seeking-accommodations-on-the-bar-exam/) How to Interpret Your Bar Exam Score Report (https://barexamtoolbox.com/how-to-interpret-your-bar-exam-score-report/) Making the Most of Bar Exam Breaks: Maximizing Your Free Time for Success and Well-Being (https://barexamtoolbox.com/making-the-most-of-bar-exam-breaks-maximizing-your-free-time-for-success-and-well-being/) Download the Transcript (https://barexamtoolbox.com/episode-323-quick-tips-building-your-bar-exam-study-schedule/) 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 episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues. Through analyzing a hypothetical scenario, we illustrate how courts look at the totality of the circumstances and assess whether identification procedures are unnecessarily suggestive. The episode concludes with a step-by-step approach to tackling identification procedure questions on the bar exam.  In this episode, we discuss: A question from the October 2020 California bar exam The various types of identification procedures How to consider the totality of the circumstances when determining potential due process violations An exam strategy for answering identification procedure questions 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, October 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/October-2020-Essay-Selected-Answers.pdf) Podcast Episode 117: Listen and Learn – Due Process and Equal Protection (Con Law) (https://barexamtoolbox.com/podcast-episode-117-listen-and-learn-due-process-and-equal-protection-con-law/) Podcast Episode 128: Listen and Learn – Privilege Against Self-Incrimination and Miranda Rights (https://barexamtoolbox.com/podcast-episode-128-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/) Podcast Episode 157: Listen and Learn – The Sixth Amendment (https://barexamtoolbox.com/podcast-episode-157-listen-and-learn-the-sixth-amendment/) Podcast Episode 321: Listen and Learn – Criminal Procedure: Identifications (Part 1) (https://barexamtoolbox.com/podcast-episode-321-listen-and-learn-criminal-procedure-identifications-part-1/) SpacedRepetition.com (https://spacedrepetition.com/) Download the Transcript (https://barexamtoolbox.com/episode-322-listen-and-learn-criminal-procedure-identifications-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 talking about the rules and timing of the different types of criminal identification procedures. Join us next week when we'll continue the discussion of this topic. In this episode, we discuss: Types of criminal identifications procedures Timing of identifications procedures and right to counsel Due process in identifications procedures Analysis of a hypothetical scenario 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, February 2003 (https://nwculaw.edu/pdf/bar/February%202003%20Essays%20and%20Sample%20Answers.pdf) Podcast Episode 117: Listen and Learn – Due Process and Equal Protection (Con Law) (https://barexamtoolbox.com/podcast-episode-117-listen-and-learn-due-process-and-equal-protection-con-law/) Podcast Episode 128: Listen and Learn – Privilege Against Self-Incrimination and Miranda Rights (https://barexamtoolbox.com/podcast-episode-128-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/) Podcast Episode 157: Listen and Learn – The Sixth Amendment (https://barexamtoolbox.com/podcast-episode-157-listen-and-learn-the-sixth-amendment/) SpacedRepetition.com (https://spacedrepetition.com/) Download the Transcript (https://barexamtoolbox.com/episode-321-listen-and-learn-criminal-procedure-identifications-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! In this episode from our "Quick Tips" series, we outline three phases of the post-bar exam recovery period: immediate decompression, reengagement, and future planning. We share tips to help you reclaim your life, including taking physical rest, reconnecting with loved ones, establishing healthy routines, and planning future career steps. In this episode, we discuss: The post-bar emotional turmoil A three-phase recovery plan for the weeks after the bar exam Navigating social and professional life Dealing with uncertainty and planning ahead What about a bar trip? Resources: Podcast Episode 259: How to Minimize Borrowing for the Bar Exam (w/Jesse Mecham from YNAB) (https://barexamtoolbox.com/podcast-episode-259-how-to-minimize-borrowing-for-the-bar-exam-w-jesse-mecham-from-ynab/) What Happens After I Pass the Bar (https://barexamtoolbox.com/what-happens-after-i-pass-the-bar/) Five Famous People Who Failed the Bar (https://barexamtoolbox.com/five-famous-people-who-failed-the-bar/) Do’s and Don’ts for Waiting for Bar Exam Results (https://barexamtoolbox.com/dos-donts-waiting-bar-exam-results/) Why You Should Treat Yourself After the Bar Exam (And How to Do It) (https://barexamtoolbox.com/why-you-should-treat-yourself-after-the-bar-exam-and-how-to-do-it/) Download the Transcript (https://barexamtoolbox.com/episode-320-quick-tips-your-post-bar-exam-recovery-plan/) 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