PrepMe Law School

#PrepMeLaw nerd tweets about #legalwriting from #lawprofessors, #AppellateTwitter, #PracticeTuesday & #LawTwitter | #PreLawTwitter | #PreLaw (non-legal advice)

[Joe Regalia @writedotlaw]

Verbs rev up our sentences, fueling the movement, action, and imagery that readers remember.

Best of all, verbs add a rhetorical kick without annoying readers.

Let’s explore 3 powerful examples from Justice Elena Kagan, a master at choosing the right verbs. ✍🏻🧵

[Orin Kerr @OrinKerr]

Niche thread, but some readers here are going to be starting judicial clerkships soon. Should we have a thread of advice from former judicial clerks? I’ll offer a few thought below, hope others will join in.

[Judge Stephen Dillard @JudgeDillard]

I was chatting with my undergrad interns the other day, and they asked for my advice about law school and beyond. And one of the things I emphasized to them was to avoid “prestige chasing.” I encouraged them to choose a law school based on a number of factors, and to not allow deeply flawed rankings to drive their decision. I also told them to follow their interests in pursuing intern and job opportunities, and not to worry about whether a desired position is considered elite or prestigious by others. There’s nothing wrong, of course, with going to a highly ranked law school or seeking prestigious jobs. That may end up being the perfect path for you. But always chasing the next elite thing is—for many folks—exhausting and unfulfilling. My hope for these interns—and for all of you—is that you are able to work at a job you find meaningful and rewarding.

[Orin Kerr @OrinKerr]

One thing that makes law school exams interesting is the positive correlation between a student's mastery and their perception of exam difficulty. The more mastery you have, the more you see complications and the harder the exam seems. If an exam seems easy, it likely wasn't.

[Orin Kerr @OrinKerr]

If you're starting law school next month, this free guide on how to read a case might help you. Download at the link--> https://t.co/mnDsKPkoIB

[Ben Meer @SystemSunday]

How to think like a lawyer

(and sharpen your thinking).

Outsmart these 7 logical fallacies:

[Mark That Law Guy 📚⚖️🗿 @MarkThatLawGuy]

Evidence Question:

During a criminal trial for armed robbery, the prosecution seeks to admit evidence of the defendant's prior conviction for burglary. The defendant was convicted of burglary five years ago and served three years in prison, being released two years ago. The prosecution argues that this evidence is relevant to show the defendant's propensity to commit crimes involving theft. The defense objects to the admission of this evidence.

Which of the following is the most likely outcome under the Federal Rules of Evidence?

A. The evidence will be admitted because it shows the defendant's propensity to commit theft-related crimes.

B. The evidence will be admitted because it is relevant to the defendant's character and helps establish a pattern of criminal behavior.

C. The evidence will be excluded because it is not relevant to the crime charged.

D. The evidence will be excluded because its probative value is substantially outweighed by the danger of unfair prejudice.

[Sean Silverman: Silverman Bar Exam & LSAT Tutoring @BarExamTutor]

MBE Tip:

Double Jeopardy only applies when two offenses are the same. (The clause states, in part, that no person shall be placed in jeopardy for the same offense twice.)

Essential, then, is what is meant by the "same offense." Offenses are the same offenses unless there is an element in each offense that is not in the other. This idea took up nearly an entire essay question in February '24

Example 1:

Offense 1
Elements: A, B, C

Offense 2
Elements: A, B, C, D

These offenses are the same offenses because, although there is an element in offense 2 that is not in offense 1 (element D), there is no elements in offense 1 that is not in offense 2.

Example 2:

Offense 1
Elements: A, B, C, D

Offense 2
Elements: A, B, C

These offenses are the same offenses because, although there is an element in offense 1 that is not in offense 2 (element D), there is no element in offense 2 that is not in offense 1.

Example 3:

Offense 1
Elements: A, B, C

Offense 2:
Elements: B, C, D

These offenses are not the same offenses because there is an element in offense 1 that is not in offense 2 (element A) and there is an element in offense 2 that is not in offense 1 (element D).

The significance here is that only in examples 1 and 2 should double jeopardy be considered. In example 3, the offenses are not the same, so double jeopardy should not be considered.

#MBE
#Barexam

[Kim Gold @kimberlygold]

Answering as a current in-house client and former biglaw partner:

It truly is about building relationships, but I'm not talking about going out to networking events and conferences and giving elevator pitches to everyone you meet. I'm talking about building relationships every step of the way throughout your legal career. Even if you are a junior or mid-level associate, your colleagues may eventually become potential clients. Build solid relationships with as many people as you can.

My primary outside counsel is someone I've known for almost 10 years. We were associates together at the same firm, and for certain matters we worked for the same partner and with the same client. We both ultimately left for other firms but we stayed in touch. Then at some point after I went in-house to lead a privacy team, he suggested we catch up over a meal, where he didn't need to hard sell because he was someone I knew and trusted and I was also deeply familiar with his skills, having worked closely alongside him for years.

It's that kind of relationship-building, over time, that I believe can bring a lot of success to law firm attorneys.

[Steve Leben @Judge_Leben]

For law students working at firms or other internships this summer, here’s a free set of great writing tips.

[Orin Kerr @OrinKerr]

Recent law school grads starting to study for the bar exam might be amused to read about a law professor who took the bar exam again in his 40s—me.
https://t.co/KTocRnGbwI

[Sean Silverman: Silverman Bar Exam & LSAT Tutoring @BarExamTutor]

MBE Trap:

x and y agree to rob a bank, and both take all necessary steps to prepare to commit that crime. Y not only changes his mind and decides not to rob the bank, but he explains to x with full clarity that he wants nothing do do with the robbery and he calls the police so that the police are waiting for x when x arrives to rob the bank. X is arrested and would not have been arrested at that time had y not tipped off the police.

The main point: no matter what facts the writers give you about everything y did to thwart the crime, and the certainty with which y explained to x that y wanted nothing to do with the crime, y has not withdrawn from the conspiracy to commit bank robbery.

Here's why: you can only withdraw from a crime before it's been committed. It makes no sense at all to claim that someone can withdraw from a crime that has already been committed and the crime of conspiracy is simply an agreement to commit another crime (along with an act that evidences that agreement). That crime was complete before y decided that robbing banks was not for him.

What y did likely do is withdraw from the bank robbery. That crime does not merge with the crime of conspiracy, so be careful not to think that withdrawal from one is withdrawal from all.

#MBE

[Kannon Shanmugam @KannonShanmugam]

Summer-associate candidates often wonder what questions they should ask in an interview. Here’s one to ask any law-firm partner, particularly a more senior one: tell me about five of your most prized protégés and what they’re doing now. #AppellateTwitter

[Joe Regalia @writedotlaw]

Justice Elena Kagan penned a copyright opinion recently that largely went under the radar.

But the writing tools are worth paying attention to!

Let’s learn six powerful writing moves from one of the best legal writers in the world.

1/🧵

[Orin Kerr @OrinKerr]

I'd be very interested to know how many of today's law professors cold-call students in class versus use pre-arranged panel days or even just rely on volunteers. I'd guess cold-calling varies a lot by school but is becoming rare.

[Sean Silverman: Silverman Bar Exam & LSAT Tutoring @BarExamTutor]

Common MBE Trap:

Questions will present in Torts where the facts will allow for strict liability. Maybe someone is selling a dangerously defective product, or is engaged in an abnormally dangerous activity, or etc.

But the facts will also tell you how careful the person acted while doing so. They used "state of the art equipment," or "took all necessary precaution" or "acted with the utmost care," or etc.

Important to remember that when strict liability is at issue none of that matters. You're liable regardless of the degree of care.

One way to think about this test is that if the standard of care mattered, the test writers wouldn't be so in your face about how careful the person was. They like to hide what matters and highlight what doesn't.

So when you see them showing their cards, consider if they are showing you a fake deck.

[Matthew Segal @segalmr]

Law School Exam Issue-Spotter:

A defendant who is subject to a gag order invites surrogates, who may in the future seek jobs from him, to stand outside the courthouse and promote jury nullification. Who if anyone has liability, and for what?

[Jonah Perlin @JonahPerlin]

About to start law school? You are smart enough. You belong. The challenge is working smarter not harder.

The most important tool for success is PROCESS.

Steady work all semester >>> frantic cramming at the end.

Everyone has their own process, here is mine (visual thread) ↓

[Orin Kerr @OrinKerr]

Some ask if there was a "click" moment that changed. Yes, there were a few.

First, I came to law school from engineering graduate school; I assumed that in law, as in engineering, there was correct answer I was trying to find. It took me a while to realize that was wrong.

[Tommy Bennett @tommy_bennett]

In just over a week, I welcome 25 law students to the study of federal courts. I'm beyond excited to help others work through these hard questions for the first time.