Thursday, August 20, 2020
It's been many months that some of our Spring 2020 graduates have been waiting to take postponed bar exams. Florida, for example, just recently postponed its postponed exam, from July to August and now to October. If that sounds exhaustingly frustrating, it is... So here's a suggestion for the many September/October bar takers that might just help rekindle a bit of the flames of learning:
Get your heads out of the books and instead take time each day to work through some of the latest current events because much that is in the news also relates to bar tested problem-solving.
For example, take today's federal court indictment following the early morning arrest of former White House adviser Steve Bannon on conspiracy charges: https://www.reuters.com/article/us-usa-trump-bannon-idUSKBN25G1J4. Try locating the indictment and the arrest warrant. Once found, here's a few things to ponder: (1) What authority if any does Congress have to adopt the criminal statutes that are the basis of today's indictment? (2) Did the federal government have probable cause to arrest Steve Bannon, and, if so, why? and, (3) What are the elements that the government must prove for the conspiracy charges?
Here's another possible bar-issue in the news: Many businesses and restaurants are delinquent on rent contracts due to the COVID-19 pandemic. And, some business owners are seeking rent abatement. Others are seeking reimbursement from their insurance contracts. https://www.forbes.com/sites/paulrosen/2020/03/26/what-happens-with-contracts-amid-the-covid-19-pandemic/#774454d342af These sorts of things raise a number of bar issues, such as, (1) What contract law applies to these contracts? (2) Do the defendants have any contract defenses, such as impossibility? and, (3) How should courts interpret force majeure clauses?
Finally, here's another news item to tickle a bit of bar exam intrigue. This case involves whether a lawyer has a defamation claim against an online reviewer when the review stated that the lawyer "needed to go back to law school." https://www.abajournal.com/news/article/need-to-go-back-to-law-school-comment-isnt-libelous-appeals-court-rules After reading the article, here's some thoughts to ask: (1) What are the elements of defamation? (2) If you were an appellate court judge, would you reverse the lower court's decision on whether the statement was actionable and why or why not? and, (3) Does the lawyer have any First Amendment issues as a member of the bar (a public officer of the bar?) and why or why not?
Of course, there are lots more issues in the news, from the COVID-19 pandemic to election interference to protester arrests to lawsuits against the President seeking TRO's and PI's, etc. Search them out. Find the civil or criminal complaints. Figure out whether the courts have personal jurisdiction and subject matter jurisdiction. Focus on the substantive elements. If it's a civil case, figure out if you could intervene as a party in the case. Work through how you would rule or litigate these matters. In short, this is not time to turn your backs on the news. Our world needs your voices now more than ever. So, over the course of the next month or two in preparation for postponed bar exams, feel free to take breaks from the books and take time to talk through and work out what's happening in the legal news of today. And in the process, you'll be learning more about the law. (Scott Johns).
P.S. Not sure how to get started, here's a helpful link with summaries of current legal news-making events: https://www.abajournal.com/news/
P.S.S. For entering first-year law students, taking a gander through the daily news in academic support groups can help bring life to the law, whether they are studying contracts, or torts, or constitutional law, for example.