r/GoatBarPrep

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!

is making me want to pull my hair out. There’s no organization, no headings, very little logical flow of the concepts. Where are the big rules, the elements, the factors?

GOAT, please reformat this module. It’s making me regret using this as my bar prep.

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?

How are you guys using goat to help with MEE?

Hi, Goats,

How are we preparing for the MEE? Are you using something to supplement Goat? How are you using it? Do you find it effective? Tempted to go with the Adaptibar MEE Writing, but open to suggestions.especially open to any free options you happen to know about, though I know I’m going to have to pay to get feedback, etc.

Thanks, gang!

We’ve been hearing from a lot of students that these last 3 weeks that everything feel is feeling crazy and chaotic.

Not necessarily “I don’t know anything,” but more like:

1. Everything feels important
2. It’s hard to prioritize day to day
3. Studying feels scattered instead of focused

That’s actually a really common stage of prep right now.

We’re hosting a free webinar on July 7 (2–3 PM ET) called “Three Weeks Before the Bar: Crash Course Strategy Webinar” where we walk through:

1. What tends to actually matter in the final stretch
2. What students usually stop doing (that helps more than they expect)
3. How to simplify what you’re doing day to day

Sharing in case anyone is in that “too much in my head” phase right now.

Hearsay used to feel impossible until I realized one thing:

“It’s only hearsay if the statement is being used for the truth.”

Once that clicked, everything else stopped feeling random:

• Effect on the listener → not hearsay
• Notice → not hearsay
• Verbal acts → not hearsay
• Impeachment → not hearsay
• Opposing party statements → not hearsay
• Prior statements under oath → not hearsay

After that, the exceptions finally felt like they had logic instead of chaos and the list was not sooo long!

I even made a rhythmic lyric to help myself remember the “truth vs purpose” distinction. If anyone wants it, I can drop it in the comments.

If hearsay is stressing you out, tell me which part. I’m happy to break it down.

You’re closer than you think. Good luck July takers! Stay strong.

Any advice for a non-native retaker running out of time in bar prep on how to prepare for MEEs? Would appreciate any advice!

I PASSED THE BAR

Still trying to find the free google drive links to the free resources and predictions. Who has the links?

WHO IS HE!? I’m dying to know. But also want to invest in a supplement that’s from a reputable source

For context, I scored in the high 250s last cycle, so I don't really think it's a knowledge gap as much as a test-taking/stamina issue, mostly on the MBEs!

This round, though, I'm working full-time and studying whenever I can. I feel like I recognize almost all the material in a way I didn't last time because last time I was truly learning it. Now, I'm getting a decent amount right on my UWorld sets, but I can't recite the law the way I could last time.

That's what's making me panic. I feel like I understand the concepts, but if you asked me to spit out the rule verbatim, I don't think I could. Then I read the explanation, and it's usually exactly what I was thinking or I immediately understand why it's right.

Is this normal? Especially for repeat takers who have taken the bar multiple times? Did anyone else get to a point where they stopped feeling like they had every rule memorized word-for-word and instead just recognized and understood the law?

I'm wondering if this is just what happens when the material becomes more familiar, or if it's a sign I need to go back and hit memorization harder.

Also, assuming I can take the last three weeks off work to study full-time, what would you focus on? I feel like those weeks are going to be the most important, and I'd love to hear from people who made a jump from the mid-250s to passing. What actually moved the needle for you?

asking because they removed most mee subjects