333: Listen and Learn -- Strict Liability: Animals and Dangerous Activities (Part 1)

Welcome back to the Bar Exam Toolbox podcast! We've made it to another holiday season, which means joy, good food, family, and friends. However, for those studying for the bar exam, it can also bring a lot of stress as you try to manage bar prep and family commitments. Today, we're sharing some ways to think about bar study during the holiday season. In this episode, we discuss: Creating a study schedule Setting boundaries with family and friends, and handling tough questions Allowing yourself to take real time off How to ask for help if you need to Avoiding social media and comparisons to others Resources: Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) Don't Be a Grinch! Enjoy the Holidays While Studying for the Bar Exam (https://barexamtoolbox.com/dont-be-a-grinch-enjoy-the-holidays-while-studying-for-the-bar-exam/) Bar Humbug! How to Handle the Holidays and Study for the Biggest Exam of Your Life (https://barexamtoolbox.com/bar-humbug-handle-holidays-study-biggest-exam-life/) How to Study for the Bar Exam, with a Side of Holiday Cheer (https://barexamtoolbox.com/how-to-study-for-the-bar-exam-with-a-side-of-holiday-cheer/) Enjoy the Holidays (Even While Studying for the Bar Exam) (https://barexamtoolbox.com/enjoy-the-holidays-even-while-studying-for-the-bar-exam/) Download the Transcript (https://barexamtoolbox.com/episode-338-studying-for-the-bar-during-the-holiday-season/) 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 ways in which a validly executed will can be revoked (by a subsequent document, by a physical act, and by operation of law), and analyze examples illustrating these concepts.   In this episode, we discuss: The requirements for a valid will Revocation by a subsequent document Revocation by a physical act Revocation by operation of law Doctrine of dependent relative revocation A few hypotheticals and examples 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) California Bar Examination – Essay Questions and Selected Answers, July 2012 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/CBXJuly2012_Selected_Answers_Essays_R.pdf) Podcast Episode 27: Tackling and MEE Question: Wills and Trusts (https://barexamtoolbox.com/podcast-episode-27-tackling-an-mee-question-wills-and-trusts/) Podcast Episode 326: Listen and Learn – Intestate Distribution (Wills and Trusts) (https://barexamtoolbox.com/podcast-episode-326-listen-and-learn-intestate-distribution-wills-and-trusts/) Podcast Episode 336: Listen and Learn – Will Formation and Execution (https://barexamtoolbox.com/podcast-episode-336-listen-and-learn-will-formation-and-execution/) SpacedRepetition.com (https://spacedrepetition.com/) Download the Transcript (https://barexamtoolbox.com/episode-337-listen-and-learn-will-revocation/) 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 five requirements for a valid will, and analyze two hypotheticals to illustrate how courts determine validity.  In this episode, we discuss: The basics of will formation The five elements of a valid will What is a holographic will? The "harmless error" rule Two hypotheticals 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, July 2021 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/July-2021-CBX-Essay-Qs-and-Selected-Answers.pdf) California Bar Examination – Essay Questions and Selected Answers, July 2006 (https://nwculaw.edu/pdf/bar/July%202006%20Essays%20and%20Sample%20Answers.pdf) Podcast Episode 27: Tackling and MEE Question: Wills and Trusts (https://barexamtoolbox.com/podcast-episode-27-tackling-an-mee-question-wills-and-trusts/) Podcast Episode 326: Listen and Learn – Intestate Distribution (Wills and Trusts) (https://barexamtoolbox.com/podcast-episode-326-listen-and-learn-intestate-distribution-wills-and-trusts/) SpacedRepetition.com (https://spacedrepetition.com/) Download the Transcript (https://barexamtoolbox.com/episode-336-listen-and-learn-will-formation-and-execution/) 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 how the rollout of the NextGen UBE in July 2026 will also bring significant changes to the Legacy UBE, including the removal of certain subjects from the MEE and a shift in focus for the MPT.   In this episode, we discuss: Timeline for the NextGen UBE and Legacy UBE  Major changes in the Multistate Essay Examination (MEE) Preparing for the Multistate Performance Test (MPT) Potential changes in the Multistate Bar Examination (MBE) Deciding when to take the bar exam Resources: NCBE: Preparing for the MEE (https://www.ncbex.org/exams/mee/preparing-mee) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) "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) Download the Transcript (https://barexamtoolbox.com/episode-335-how-is-the-nextgen-changing-the-legacy-ube/) 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 Part 2 of a two-part series on strict liability as it relates to animals (both wild and domestic), as well as certain super dangerous activities.  In this episode, we discuss: Strict liability for abnormally dangerous activities Strict liability for keeping wild and domestic animals Two hypothetical scenarios illustrating the above concepts 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 2009 (https://nwculaw.edu/pdf/bar/July%202009%20Essays%20and%20Sample%20Answers.pdf) Foster v. Preston Mill Co. (https://www.casebriefs.com/blog/law/torts/torts-keyed-to-prosser/strict-liability/foster-v-preston-mill-co/) Podcast Episode 131: Listen and Learn – Strict Products Liability (https://barexamtoolbox.com/podcast-episode-131-listen-and-learn-strict-products-liability/) Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence) (https://barexamtoolbox.com/podcast-episode-316-spotlight-on-torts-part-1-negligence/) Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability) (https://barexamtoolbox.com/podcast-episode-319-spotlight-on-torts-part-3-strict-and-vicarious-liability/) Podcast Episode 333: Listen and Learn – Strict Liability: Animals and Dangerous Activities (Part 1) (https://barexamtoolbox.com/podcast-episode-333-listen-and-learn-strict-liability-animals-and-dangerous-activities-part-1/) Download the Transcript (https://barexamtoolbox.com/episode-334-listen-and-learn-strict-liability-animals-and-dangerous-activities-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 Part 1 of a two-part series on strict liability as it relates to animals (both wild and domestic), as well as certain super dangerous activities. Join us next week for the second episode on this topic.   In this episode, we discuss: Overview of strict liability in torts What activities are considered abnormally dangerous? Strict liability as it relates to keeping wild and domestic animals A fact pattern from the February 2008 California bar exam 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) Foster v. Preston Mill Co. (https://www.casebriefs.com/blog/law/torts/torts-keyed-to-prosser/strict-liability/foster-v-preston-mill-co/) Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability) (https://barexamtoolbox.com/podcast-episode-319-spotlight-on-torts-part-3-strict-and-vicarious-liability/) Download the Transcript (https://barexamtoolbox.com/episode-333-listen-and-learn-strict-liability-animals-and-dangerous-activities-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 speaking with Chris Fromm - National Director of Curriculum and Assessment at Themis Bar Review - about strategies for tackling multiple-choice questions on the bar exam, including the upcoming NextGen format. We discuss how to manage your time effectively, leverage practice tools, and seek support during the challenging bar prep period. Note: This episode is sponsored by Themis Bar Review – the gold standard in bar exam preparation. With this special promotion, you can save $1,000 on any 2026 Themis Bar Review course using the code BAREXAMTB1000 at checkout. (This offer is valid until December 1st, 2025.) In this episode, we discuss: Why are multiple-choice questions stress-inducing for many people? Tips for approaching multiple-choice questions on the bar exam Effective time management and scheduling Turning to your support network for help Accommodations and focus strategies Six-option questions on the NextGen exam Resources: Themis Bar Review (https://www.themisbar.com/) Podcast Episode 18: Strategies for Mastering the MBE (https://barexamtoolbox.com/podcast-episode-18-strategies-for-mastering-the-mbe/) Podcast Episode 244: Spaced Repetition and Memorization During Bar Prep (w/Gabe Teninbaum) (https://barexamtoolbox.com/podcast-episode-244-spaced-repetition-and-memorization-during-bar-prep-w-gabe-teninbaum/) Podcast Episode 261: Quick Tips – Bar Exam Accommodations Basics (https://barexamtoolbox.com/podcast-episode-261-quick-tips-bar-exam-accommodations-basics/) Practice a Full Bar Exam Session – Go for the Gold (https://barexamtoolbox.com/practice-a-full-bar-exam-session-go-for-the-gold/) How to Plan Your Bar Exam Study Day for Maximum Success (https://barexamtoolbox.com/how-to-plan-your-bar-exam-study-day-for-maximum-success/) Manage Expectations Before Bar Prep Begins: Keeping Friends & Family on Your Side (https://barexamtoolbox.com/manage-expectations-before-bar-prep-begins-keeping-friends-family-on-your-side/) Download the Transcript (https://barexamtoolbox.com/episode-332-mastering-bar-exam-multiple-choice-questions-w-chris-fromm-from-themis/) 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 explore whether law students should take the current Legacy UBE or wait for the upcoming NextGen UBE. We take a look at the timing and the strategic considerations, and help you figure out which path makes sense for your specific situation. In this episode, we discuss: Timeline of jurisdictions adopting the NextGen UBE Who should take the Legacy UBE now? Who might benefit from waiting for the NextGen UBE? A few case study scenarios Resources: Podcast Episode 328: The NextGen UBE 101 (https://barexamtoolbox.com/podcast-episode-328-the-nextgen-ube-101/) 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-331-should-you-take-the-legacy-ube-or-wait-until-the-nextgen-ube/) 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're continuing our discussion of the NextGen UBE. We've created an integrated question set (IQS) similar to the ones that will appear on the NextGen bar exam, using a sample scenario involving a shoplifting incident and subsequent legal analysis. We discuss the structure of these new question sets, review relevant statutes, and work through multiple-choice and short-answer questions to illustrate the reasoning and factual investigation required. In this episode, we discuss: Overview of integrated question sets A read-through of a client interview excerpt and the relevant legal authority Sample multiple-choice and short-answer questions based on the factual scenario Resources: NextGen UBE Sample Questions (https://www.ncbex.org/exams/nextgen/sample-questions) 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/) Podcast Episode 327: Facts and Fears Around the Integrated Question 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/) Podcast Episode 328: The NextGen UBE 101 (https://barexamtoolbox.com/podcast-episode-328-the-nextgen-ube-101/) Download the Transcript (https://barexamtoolbox.com/episode-330-nextgen-ube-lets-walk-through-an-integrated-question-set-iqs-together/) 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 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