Episode Transcript
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Welcome all to Bernie Brown'sdelight where legal minds unite both
day and night in uncertain times.
He.
Welcome to the Logical Lawyer Podcastwith attorney Bernie Brown, retired Los
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Angeles assistant city attorney withdecades of legal experience and also
extensive leadership experience servingin top bar associations like the John
M Langston Bar Association and theAssociation of Black City Attorneys.
Bernie is powered by a deep personaltestimony that took him from South
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Central LA to the courtrooms.
In downtown la Bernie divesinto today's toughest legal,
social, and spiritual issues.
He brings facts, answers, and sharpanalysis to cut through all of the noise.
So if you are ready for a nononsense perspective, then let's
get started with your host attorney,Bernie Brown, the logical lawyer.
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Now
point to be awarded not for what you sayabout the issues they're awarded for.
Spotting the issues in the firstplace you, you must make it easier
on your essay for a greater toquickly and effectively recognize the
issues that you spot and each issueand sub issue that you encounter.
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Must be highlighted for the greater.
That is every time we spotan issue, you underline it.
For instance, if in fact you weretrying to decide whether or not, uh,
the federal committee, battery upon theplaintiff, and the first issue would be
did the defendant do act?
That brought about harmto the plaintiff's person.
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You would underlinethat that is the issue.
The second issue, after you decidethat would be, did the defendant intend
to bring about the harmful offensivecontact to the plaintiff's person?
You would underline that issue, and thenafter you underline it, you say what you
want to say about it using the facts.
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The points are given, was spottingthe issue in the first place,
not for what you say about it.
So you have to understand that pointsare awarded for spotty the issues, not
for what you say about it, not for theanalysis, not for your fancy language
that you use, use, not how, not forhow beautifully you discuss the facts.
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They are awarded simply for body.
The issue in the now.
It's very important.
To note that sub-issues are every bitas important as the issues themselves
where points are concerned, so that youunderstand that sub-issues are derived
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from the rules that are associatedwith the issues, and all too often, low
grades will be in inevitable result.
Of one's failure to properlyidentify and analyze some issues.
Now, now, I assume, uh, that at somepoint you state the elements of the law.
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Yes.
Uhhuh, for example, that's an issue.
Question was, did the defendant.
Did she, is she guilty of murder?
Is is defendant guiltyof committing murder?
Okay.
That would be the issue.
The first issue.
Mm-hmm.
The rule would be if the defendantkilled the victim unlawfully.
Okay.
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And if the defendant had malsupport, thought, alright, then
the defendant is guilty of murder.
So the two elements of murder wouldbe unlawful killing combined with.
This the mental, mental, uh,
situation, that mouthto mouth of forethought.
The sub-issue request would be, diddefendant show victim unlawfully and
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did defendant have mouth of forethought?
Those are the two sub-issue questions thatare developed, which you also get points.
And decide that the killing was unlawful.
Another person would look at the factsand decide the killing was lawful.
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So the first person would just would endup saying, defendant is guilty of murder.
Second person may decide defendantwas not guilty of murder.
'cause the killing was not unlawful.
Yeah.
Both students received the same pointscore because they spotted it in.
Slide the rule and spot thesame sub issue questions.
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Great.
Alright.
But so I'm sorry.
No, no, no, please.
You're the genius.
I'm just I question.
Okay.
No.
You must, the student must understandthat issues and sub-issues that are
hidden away inside of large paragraphsof legal jargon or unnecessary
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discussion are not likely to berecognized by the greater and otherwise
available points will not be awarded.
So if you hide the issues andsub issues in, in fancy language.
Instead of separately breaking 'em outand underlining 'em, the grader will not
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see them and you will not get the points.
So issues fighting yourself is verycrucial to grade grade award of grades.
While taking the bar exam.
Okay, now, uh, issue spotting is soundsas if it would be an, an amorphous, uh,
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difficult thing to do, but it's not.
Let, let me explain to you what, howone spots an issue in the first place.
What happens is, what happens is this
you, you'll read the facts inhypothetical and the facts.
Those same facts will suggest to you theelements of a particular rule or theory.
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Okay?
So you read your facts, the facts.
Say for instance, that a defendant was.
Uh, stopped on the street by a policeofficer and he was put into the
police car and taken to the station,and taken into a room, and certain
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questions were asked of the defendant.
But here, before you go on, how do you,how do you learn how to spot issues?
What's the study technique to do that?
The major technique that that enablesone to spot an issue in a hypothetical
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is that one must spend time memorizingall the rules in element form.
Okay.
Um, one thing is ababsolutely certain you.
If you do not know the Lord, whether youstudy 14 hours a day or eight hours a day,
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or 17 hours a day, you must know the Lord.
And what do you mean by know the law?
I mean, does that mean you needto be able to regurgitate all
the elements spontaneously?
I think that means yes,ladies and gentlemen.
What I mean by knowing the law isthe student must eventually be able
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to spontaneously state every elementand exception that every area of
the law to be tested on the exam.
This is not an impossible task.
Everyone who passed the ballcan do it and so can you.
It is basic and crude memorization.
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We must recite the law over andover and over and over again.
Recite it.
You must say it out loud and tell youknow so well that you can immediately
and automatically without thought.
You must be able to spontaneouslystate the definition of all bar
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tested subjects in the same manner.
During the bar exam, you will not have thetime or the convenience to ponder the law.
You must know the law andexpeditiously, expeditiously.
Apply it to the facts toreach the logical conclusion.
Now, I, I suggested, um, nowadaysthat if my 89-year-old mind can
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memorize these rules, they shouldbe able to do it with no problem.
I mean, it is one thing for astudent to say, well, uh, the
defendant breach the contract.
And I said, what do you mean bydefendant breached the contract?
Said, well, she did not dowhat she promised to do when
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the contract was formed.
I said, is that enoughto constitute a breach?
And they said, yes it is.
I said, well, let megive the hypothetical.
Suppose she, she and and the plaintiffdiscuss whether or not she will wash
the plaintiff's car on Wednesdayand it's a Sunday that they may,
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they have this discussion and theplaintiff says, I will give you.
For $15 to wash my car.
And she says, well, I owerequire $25 to wash your car.
And they decide on $20.
Alright.
He says, okay, you wash my caron Wednesday, I'll give you $20.
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Alright, fine.
Now on Tuesday, the car is struckby lightning and is destroyed
on Wednesday.
She does not wash the car becauseit no longer exists on Thursday.
She's sued for breach of contract.
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Now, if you say, the only thingthat the plaintiff has to show
is that the defendant failedto do what she promised to do.
Well, she promised to wash the car.
She didn't want it.
Is she?
Is she in breach of contract?
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Well, why not?
Your rule for breach only requires thatshe not do what she promised to do.
Isn't that right?
Right.
But that means your rule is correct.
That is not the rule for breach contract.
The rule for breach contractwould be this, number one, if.
The defendant's duty to perform hasbecome absolutely, that's number one.
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And on Wednesday, the dutyhas become Absolutely.
But the second element is, and if thatduty has not been discharged, and in this
case, the duty to perform on Wednesday,it was discharged by impossibility
because her car was destroyed on Tuesday.
So the duty had been discharged.
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If failure to perform, they're notnot allowed to abuse your contract.
So you see how important knowing therules in element fall, uh, is it is to
analyzing a question on the law exam.
Wow.
And you must memorize therules In Element falls.
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If I say to the average person,how much is two times two,
easily, it will say four.
And I say, well, how?
Why is that?
Why do you say that?
And they stop and think a moment.
Well, the reason they say that isaccording when they were young,
they memorized the multiplication.
Table Two times two is four, two.
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Six, two times four is eight.
And you memorize it by saying it out loud.
Over and over and over.
And after a while, memoryturns into knowledge.
Lots of many peopleknow the words of songs.
Many people know prayers.
The Lord's Prayer 20 Psalm.
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Why them?
Because they memorized themwhen they were young, and the
memory turns into knowledge.
Once you memorize something, youknow it, and you no, no longer,
you no longer dealing with memory,you dealing with knowledge.
That same process musttake place on the body.
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Must memorize the rulesover and over and over.
By reciting them out loud.
Jack will be, that will enable youto engage in issues body, which
is the most important aspect.
One of the things that I had that happenedto me was, I gotta a point where I thought
I knew the, the, all the laws out there.
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I hear you saying you gotta study life,you know, and you gotta know all of the
laws, all of the elements for every law.
Now I study, I said memorize.
Okay?
Yes.
Right.
In order to get there, I thinkyou said you gotta study?
No.
How many hours a day?
Not study.
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Oh, you must memorize.
Forget the word study.
Okay.
The memorize.
Over recite rules, recite them inelement form over and over and over.
And so, you know the elements so well,you can immediately, automatically
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recite them without thought.
Alright?
And I, what happened to me was I hadgotten to a point where I could, I,
I, I could do that even thinking.
It didn't, not necessarily triggerme sometimes to think, oh, they want
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me to discuss these issues based onthe fact, 'cause they give you, as
you know, they give you these facts.
They, they give you hypothetical factsand then you gotta spot the issues.
So you can know the law, butyou've gotta be able to say,
okay, whenever I see these.
Facts, these laws are applicableand I, the way I learned.
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Like hundreds of practice exams.
You can tell when you say bar and manybars, they, uh, will release to you copies
of prior bar essay questions and answers.
So by going through hundreds of them,I was able to, to get to a point where
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I could say, okay, when I see these,this factual pattern, that's, that's
they want me to discuss these issues.
Uh, and so then it started to trigger,and then I noticed from looking at several
prior practice essays and answers, Inoticed patterns in the questions, and
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some of the questions essays were repeatessays, so that, that, that really
helped me make the connection betweenknowing the law and spotting the issues.
That's right.
Um, each student must understand that.
I say, you must know the law to pass toCalifornia State Bar, but you can know
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all the law and still drop the bar.
No.
Therefore, it is imperative that youread as many bar questions and answers
as possible so you can learn which issuesare raised by given factual pattern.
Mm-hmm.
After you have read all the prior barquestions and sample answers, then read
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other sample essay questions and answers.
Read the facts and recognize whatissue are suggested by those facts.
Fantastic.
So, alrighty.
So I, I've learned so much andour listeners have learned so much
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just in this short period of timeabout how to prepare for the essay.
Portion of the bar and theCalifornia State Bar, as we know,
is the toughest bar in the nation.
And it got that reputation because thepassage rate is, is so, so very, very low.
But, uh.
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Wow.
And so when you tutor people, I guessyou, you said you meet with them
one-on-one and, and I guess theygive you a sample sample question,
essay questions and answers.
Yeah.
So lecture
them on how to do it,show them past question.
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How they should do it.
They then leave my tableand return the day home.
They can then memorize the rulesand write sample essay questions.
Then they can submit the essayquestions to me for my critique
by one of three different ways.
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One is.
It still works.
Oh, okay.
You can mail essay to me and thenby you see it, you're gonna a
written response and mail it back.
That takes time.
And for all people who livein my neighborhood and those
who been too far from me.
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Can drive over to my house and dropbill essay in my mailbox and that
if that happens, I then critiqueit in writing and return it to them
and they pick it up the next day.
So they leave on Monday,they can pick up on Tuesday.
The faster way is they can callon the old fashioned telephone
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and read the institution over thephone, and I will critique it over
the phone with them at that moment.
Wow, that's incredible.
My availability is 10 in the morning.
It's 10:00 PM at night.
So wait a minute, you're still doing this.
Still doing it.
And you said you're 89 years old.
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10 in the mornings, 10 atnight, seven days a week.
Well, I mean, I guess this means thatyou, you still know all the laws.
You're able to regurgitate thoselaws just like spontaneously.
Oh, that's.
Um, oh man.
Uh, second days of reading,uh, hockey holidays included.
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If a student, a student has aquestion on Christmas day, you can
call me Uhhuh and I'll answer it.
What inspired you to, to,to this level of generosity?
Of, of caring I wanting to help people?
Well, I was LO law Schooland graduated in 1976.
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And sat for a bar.
And it's some of my students who I wentto law school with also unsuccessful in
that bar, and I helped them pass the bar.
Mm-hmm.
And they passed the word aroundand then people started calling me.
So I never advertised or I askanyone to take my sessions.
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It's just happening.
People call and they call.
That's amazing.
And you've always made yourself available.
Always.
I acting as my owntestament, uh, testimony.
Uh, my daughter, when she decided that shewas gonna take the, the California State
bar, you know, I'm a lawyer and my wife'sa judge, but we said immediately, we said.
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You gotta go talk to Kins.
I said We can help you some,but you gotta talk to uh, kins.
And you know what I noticed?
'cause we had talked to her andlectured her and gave her advice
and it wasn't until she talk to you.
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And I saw a new spark.
It was like when we were talking toher, she was just kind of studying
and you know, she was just kindof taking it, you know, nonchalant
study some after she spoke with you.
I mean, she hit the books like mad.
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I mean, it was a new attitude.
Yeah, she was.
Serious.
She was focused and that, andI don't know how you do that.
Yeah.
But there's something that you doto really help people pass the bar.
Yeah.
I, I, I know what, I do not knowwhat it, what it is either, but,
uh, I've been doing it since 1976.
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And I do it every, I've doneit every bar since then.
Did you say 1976?
1976. Wow.
That's incredible.
And back in the day when more peoplewere going to law school and law, less
expensive, I would have 50, 60 session.
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Oh man.
Wow.
One on one.
But 50, 60 and all free.
All free.
And you're able to do that.
You retired, I guess.
Yes.
Well, it wasn't that, not only the factthat I. Was the fact that I managed
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to do so while remain debt free.
Ah, that helps.
Yeah.
And people offered to pay me, butyou can't pay for the amount of
effort I put in to pass for help'em pass the bar and it's just not
worth it, uh, to have them have.
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Or for law school and otherrequirements, they had to go, right.
Well, yeah.
They, they have these bar reviewcourses and they're not as, they
don't teach you as well as you do,but they cost thousands of dollars.
I, I suggest they don'tin taking these courses.
Oh, you don't, you don't.
Okay.
Don't even take, don't waste your time.
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Aha.
Alright, well Alice, is thereanything else you wanna tell?
Listening public.
Go get them.
Go get them.
Go get 'em.
Pass the bar.
I mean, ladies and gentlemen, it's beena real treasure here today because they
helped so many people pass the bar.
There are people in all.
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Who have made millions ofdollars and they, when I go to
bar functions, they're there.
And a lot of times you, you'llhear them say, Al Jen, he's
the one that got me through.
And they'll giving credit to Al. SoAl, I want to thank you so much for
the time you spent with me today.
It's been really awesome.
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You're an awesome person ofgiving the caring person.
You've helped so many peoplethat Legacy will live on, uh,
inny.
Okay, thanks Al. You are welcome all
well, that's a wrap for thisepisode of The Logical Lawyer.
If you found this insightful, be sure tolike, follow, subscribe, leave a review,
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and share it with others who appreciatestraight talk and sharp analysis.
Got a question or a topic for Bernie?
I. We'd love to hear from you.
Connect with bernie@thelogicallawyer.me.
That's at the Logicallawyer.me, and you've got it.
So until next time, stay informed.
Think critically, and asalways, keep it logical.
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Soon in each week,there's so much to learn.
The logical lawyer shares insights.
You'll earn case by case Wisdomhe'll impart with reason,
thought, and a whole lot of heart
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knowledge.