dominion wine and cheese society - vivek krishnamurthy's blog

Not gonna teach you how to pass the bar
In the hopes of making studying for the New York bar exam somewhat easier for future generations, I’m making all of my study materials for the July 2008 sitting of the exam available for free download. The materials consist of a number of subject outlines (in PDF, MS Word, and OmniOutliner format), as well as a number of flashcard sets for use with the excellent freeware Anki flashcard program.

These materials are offered under the terms of a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.

By clicking on this link to download, you agree to be bound by the terms and conditions of this licence.

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"This is your brain on the bar exam"

This is your brain:





This is your brain on the bar exam:




Any questions?

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Hearsay Mnemonic
For all those of you about to take the Multistate Bar Exam who are struggling to keep the exceptions to the hearsay ganglia rules straight, I've just invested a few minutes to develop a mnemonic to help with all the hearsay exceptions. It ain't pretty, but it works for me, so here goes:

IVES' PDFFS (of the) MPT Bar Exam

I is for Impeachment
V is for Verbal Act
E is for Effect on the Hearer
S is for State of Mind (circumstantial evidence of)

(add an apostrophe to make the sentence work)

P is for Party-Admissions
D is for Dying Declaration
F is for Forfeiture (by making the witness unavailable)
F is for Former Testimony
S is for Statement against Interest

(add "of the" to make the sentence work)

M is for Medical Diagnosis and Treatment (statements for)
P is for Present Sense Impression
T is for Then-existing Physical, Emotional or Mental State
B is for Business Record
E is for Excited Utterance

IVES are the four hearsay exemption

The P in PDFFS is the one piece of hearsay that is admissible,
regardless of the presence of the party.

The DFFS in PDFFS are the four hearsay exceptions when the declarant
is unavailable.

MPTBE covers the hearsay exceptions that work regardless of whether
the witness is available to testify.

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Straining to See the {Power}Point

Edward Tufte may have written the book on the cognitive shortcomings of PowerPoint, but from several recent classes at the law school where my professors have subjected me to an onslaught of slides, I can point to another problem: eyestrain. You may have noticed how PowerPoint users are in the habit of turning off all the lights in a room while they are presenting. While in many circumstances looking at a bright screen in a dark room is no problem (like at the movies), the way in which PowerPoint presentations are viewed in a law school classroom tends to create eyestrain. Because us law students generally take notes on a computer, our eyes are forced to move back and forth through the darkness between two points of light, and the resulting high contrast can be jarring.

What is to be done? If I had my way, I would banish PowerPoint from the law school classroom because the relentless sequentiality of a slideshow straitjackets classroom discussion by forcing it into the same order of the slides. Quite often, a clever student will anticipate a point that the instructor makes several slides later, causing her to jump back and forth and leading to much confusion.

But so long as teachers continue to use PowerPoint in the classroom, the thing to do is to leave the lights on and use a high-contrast slide layout that does not get washed out by ambient light. Black text on a white background is surprisingly readable in all but the brightest lights, as is blue text on a yellow background, or white text on a green background (think highway signs).

This post marks the first in a new series on the blog about ergonomics in the legal academy and workplace. For all their brilliance in the courtroom, lawyers are a pretty dumb bunch when it comes to working smart. Stay tuned for further pontification.

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