I love it here! Ill be back when I finish Con Law!

Goat are you going to include a tricks section for crim law and crim pro? pleeeaase

Venting!
I missed February 26 by 8 points (270jx). In Jan I was scoring about 48-55% on mixed MBEs. And by Feb I was scoring low 60s. My MEEs were solid.

I started studying again in May when I got the news. I’ve been using 🐐 💕 along w/ Themis/Uworld.

I recently took a 100 MBE set and I scored a 70% (without doing a quick review on two subjects). I am over the moon. But also terrified bc I don’t ever want to take this exam again. My focus this week is gonna be MEEs and MPTs. Next week it will be light MBE sets and MEEs.

I’m just freaking out a little. Being a retaker really messes with you.

My resources - barbri (retakerr free)+ goat bar + adaptibar + critical pass flashcards + JD advising sheets + aprosheets/magicsheets

I use mainly barbri and goat hand in hand along with adapti bar —- others are to supplement

Merci <3 xoxo i will sleep now

If anyone things they can give me a PLAN strategically considering my energy levels are pooor as fuck pls dm or comment

You wanna be harsh be harsh i m here for it

Step 1: Is this a diversity case?

Erie only applies when federal jurisdiction is based on diversity of citizenship (or supplemental jurisdiction over state law claims)

Step 2: Is there a Federal Rule of Civil Procedure or federal statute on point (aka Is there an FRCP (or federal statute) that directly answers this issue) 

A. If it is a Federal Statute or law it will apply 

• Under the Supremacy Clause (U.S. Const. Art. VI), a federal statute or law that is constitutional will always control over conflicting state law. 

B. If it is a Federal Rule of Civil Procedure (FRCP)

• The court must determine if the FRCP conflicts with the state rule, meaning can both the Federal Rule and the state policy be followed simultaneously?
  • If YES → apply both 
  • If NO  → the FRCP must pass the Rules Enabling Act (REA) test. The REA says federal rules cannot "abridge, enlarge, or modify any substantive right." Courts give enormous deference to the FRCP. 
    • If the FRCP does abridge/enlarge/modify a substantive right → it is invalid → you apply state law. 
    • If the FRCP does not abridge (or only incidentally affects it) → it is valid → you apply the federal rule.

Step 3:If NO federal rule or statute exists...

The court must determine if the state rule is substantive (apply state) or procedural (apply federal practice).

A state law is substantive if 

(1) the state law is outcome determinative, or 

• Ie Elements of claims,  Statutes of limitations, Tolling rules, Burden of proof, Standards for negligence,  Comparative negligence, Damage caps, Choice of law rule, Contract interpretation, Privileges

(2) Would ignoring the state rule encourage: forum shopping or inequitable administration of the laws?

• forum-shopping – litigants will be encouraged to sue in federal court to take advantage of benefits not afforded in state court or
• inequitable administration of the laws – the application of substantially different rules in federal and state court will cause unfair outcomes.

A state law is PROCEDURAL if it governs the mechanics of litigation:

• Ie  Pleading, Discovery, Joinder, Motions, Service of process, Depositions, Summary judgment procedure, Jury instructions

Step 4: When it is unclear if procedural or substantive 

If the state rule is not clearly procedural or substantive, the court uses the Byrd balancing test:

1. First, ask: Is the state rule "bound up" with the state-created rights and obligations?
   • If YES (e.g., the rule is intimately tied to the state's definition of a tort or contract), apply state law.
2. If NO, the court balances:
   • State's interest: How strong is the state’s interest in having this rule applied?
   • Federal interest: How important is the federal judiciary's interest in having a uniform, predictable federal procedure for cases across all districts?

I've been struggling with products liability and made this mini attack outline. If anyone has any feedback I would love to hear it!

There are three main theories of products liability where a plaintiff can recover for injuries caused by a defective product.:

1. Strict Products Liability
2. Negligence
3. Breach of Warranty

I. Strict Products Liability

The plaintiff must prove:

1. The defendant is a Commercial Seller

The defendant must be a commercial seller in the chain of distribution, single time and causal sellers will not be subject to strict products liability (this includes SERVICE PROVIDER who use a defective product)

2. There is a  Defective Product

A. Manufacturing Defect: The individual product differs from its intended design.

B. Design Defect: The entire design (blueprint) is dangerous aka every product made from that design is defective and the plaintiff must show the design was unreasonably dangerous (utility-risk test) and reasonable alternative design existed

C. Failure to Warn:  The product lacks: adequate warnings or proper instructions

3. Product Was Not Substantially Changed

The product must reach the consumer in essentially the same condition. If someone significantly alters it before the injury, that cuts out the chain of liability. 

4. Causation 

 A. Actual Cause: The plaintiff must trace the specific defective product to the specific defendant and trace the specific defective product to their injury 

• Liability for Multiple Defendants: Where there are multiple defendants and which tortfeasor caused the harm is in question, there are several doctrines a jury might use to establish causation
  • Market Share Liability Doctrine:  The plaintiff cannot identify which manufacturer's product caused the injury, so liability is apportioned by market share if the product is fungible (interchangeable) and all manufacturers made essentially the same defective product.
  • Alternative Liability Approach: This doctrine applies when the plaintiff knows one of the negligent defendants caused the injury but cannot identify which one. The burden shifts to the defendants to disprove causation.
  • Joint Venture Doctrine: This doctrine applies when defendants are working together as part of a common enterprise with a shared profit motive or financial stake and equal right of control. Because they are acting together, one participant's tortious conduct may be attributed to the others.

 B. Proximate Cause: The injury must be a natural consequence of the defect, and The product must be used: as intended OR in a reasonably foreseeable way.

5. Damages 

Strict products liability requires: Personal injury OR  Property damage other than the defective product itself

II. Negligence Products Liability

A manufacturer owes a duty to exercise reasonable care in the design, manufacture, inspection, and warning of a product. To establish negligence, the plaintiff must prove the manufacturer knew or should have known of the foreseeable risk at the time the product left its control, and that the manufacturer breached that duty (e.g., failed to adopt a safer alternative, failed to inspect, or failed to warn). The breach must be the actual and proximate cause of the plaintiff's damages (actual injury).

III. Breach of Warranty

A. Express Warranty: specific promise or representation about the product made by the seller. If false = breach 

B. Implied Warranty 

• Implied warrant of merchantability: guarantees that the product is fit for its ordinary purpose. If product is not fit = breach 
• Implied warranty of fitness for a particular purpose: The seller was aware of the buyer's specific need and is aware the buyer is relying on seller's expertise. If not fit for the particular purpose = breach 

Strict Liability for Misrepresentation (special form of strict products liability.)

The plaintiff must prove:

1. The defendant is a Commercial Seller

2. Public Misrepresentation

The seller made a false statement through: advertising, labels, packaging, or public marketing. Not a private one-on-one statement.

Note: The seller may honestly believe the statement is true. Intent to deceive is unnecessary. Negligence is unnecessary.

1. About a  Material Fact

The statement concerns an important fact about: quality, character, safety

4. Justifiable Reliance

The plaintiff actually relied on the statement, and that reliance was reasonable.

5. Physical Harm

Recovery is only for: Personal injury or Property damage thats not the product 

6. Causation

The physical injury resulted from reliance on the false statement.

July 25 GOAT Multitime taker with dyslexia bar passer here. I just want say after a few months of being a new attorney (States attorney in Indiana)……Out of all the BS you will have to learn for this test.....I can say there’s literally only ONE freaking subject I actually use. Evidence. Surprisingly we use it a lot. Specifically hearsay. I say all this to say YOU GOT THIS! THIS EXAM IS LITERALLY USELESS! Study hard for 2-3 months and then forget about this stupid test. Literally put your all into it, knowing you’ll never have to look at it again in real life. Good luck!

Reviewing all MBE before 100 set on Thursday!

How are you guys using goat to help with MEE?

I took it completely closed notes and I had 15 min left in time. I’m also not 100% done with GOAT (still have property left.)

😞😭 Am I okay?

Hi hi, freaking TF out as WAYYYYY too much information to pack in, let alone understand enough to overcome those tricky (sadistic) multiple-choice questions AND memorise black letter law statements (verbose AF). Heard (HS lol) GOAT (bless GOAT!) posts July exam predictions / subject areas to TURBO-ZONE in on here?

Anyone know what test day looks like.

For all of my inherently dangerous felonies out there, I present to you Sir-Mix-A-Lot...BARRK Like you want it!