10 Days Until the October 2010 California Baby Bar Exam

Wednesday, October 13, 2010

Hello,

Welcome to the latest issue of our FYLSX Newsletter. This is the last issue of our FYLSX Newsletter prior to the October 2010 exam. If you are taking the upcoming administration of the California Baby Bar Exam, we wish you the best of luck. For those of your preparing for a subsequent administration of the FYSLX (e.g., June 2011), our FYLSX Newsletter will continue. In this issue, we consider:

A. FYLSX Study Strategy: A Summary of Strategies
B. Essays In-Depth: The Defective Product in a Strict Products Liability Claim
C. Newsletter-Only Discount: FYLSX Essay Solution On-Demand Workshop
D. Next Issue Preview

A. FYLSX Study Strategy: A Summary of Study Strategy Tips for the FYLSX

Over the past couple of months, we have described a number of study strategies to improve your preparation for the FYLSX. As a refresher, consider the following as you prepare for the exam:

B. Essays In-Depth: The Defective Product in a Strict Products Liability Claim

Our Essays In-Depth feature is an abbreviated excerpt from our Essay Solution: Workshop or one of our subject-specific Torts, Criminal Law, or Contracts FYLSX workshops. This feature is designed to identify common mistakes individuals make on their FYLSX essays and provide solutions to correct such mistakes. If implemented, these solutions will result in higher scores on your essays. In this issue, we identify, and provide solutions to, common mistakes individuals make when discussing the Defective Product element of a Strict Products Liability claim.

Common Mistakes With the Defective Product Element of a Strict Products Liability Claim

In our experience, there are several recurring, common mistakes individuals commit when evaluating the Defective Product element of a Strict Products Liability claim in a FYLSX Torts essay. As a refresher, a Strict Products Liability claim contains the following elements: a defective product, actual causation, proximate causation, and damages. The defective product element is the focus of this discussion. Some common mistakes applicable to the Defective Product element of a Strict Products Liability claim include:

  1. Omission of the Defective Product element entirely;
  2. Failing to define and explain the standards that establish a Defective Product; and,
  3. Failing to apply the pertinent Defective Product standard to the product that is the subject of the Strict Products Liability claim.

Solving These Common Problems With The Defective Product in Torts Essays

Recognizing the above problems with the Defective Product element of a Strict Products Liability claim, consider the following solutions:

  1. As with a Negligence discussion, your Strict Products Liability discussion should be organized around the elements of the Strict Products Liability claim. Since a Strict Products Liability claim cannot occur without a defective product, then an omission will not occur in your answer if you remember to examine the claim with this element-based approach.
  2. In your Statement of the Law* for the Defective Product element of a Strict Products Liability claim, be sure to include and explain the 3 ways a product defect can be established, which include a defect in design, manufacture, or warning.
  3. In your Analysis* of Defective Product, identify the type of defect (design, manufacture, or warning) that is presented by the facts and explain whether this defect does or does not meet the pertinent defect standard (design, manufacture, or warning). Also, be cognizant that a product might contain more than one type of defect. For example, a product that 1) is contaminated in the factory and 2) creates dangerous side effects, even in the absence of contamination, which are not disclosed to the consumer, is defective both in warning and manufacture.

*Please note, the above-asterisked concepts are fully defined, explained, and illustrated in our FYLSX Essay Solution on-demand workshop, which is available as a stand-alone program or included as part of all of our 1-on-1 FYLSX essay preparation programs.

C. Newsletter-Only Discount: $25 Off Our FYLSX Essay Solution On-Demand Workshop

Subscribe to this newsletter to receive newsletter-only discounts in your inbox.

D. Next Issue Preview

In our next issue, we will examine how to construct a long-term study plan for the June 2011 or October 2011 California Baby Bar Exam. As a reminder, if you've missed a previous issue of this newsletter, all of our previous FYLSX newsletter issues are available on our site. If you have any questions about this newsletter or are interested in beginning a program for a 2011 exam now, then please feel free to Contact Us.


Study Smart,

-the BarReviewSolutions.com Team