In the News, On the Bar Exam: "They're Not All Apple iPhones ..."

During a recent CNN interview, U.S. Senator Jeanne Shaheen commented on former President Trump’s proposed 25% tariff on Apple products:

“Almost everybody in the country has an iPhone. Now, they’re not all Apple iPhones …”

It’s a revealing example of how casually we use words as shorthand. Sen. Shaheen wasn’t referring strictly to Apple’s signature product—she was using “iPhone” to mean “smartphone.” But of course, they’re not the same thing. And in legal writing, imprecision like that can cost you.

Photo by Howard Bouchevereau on Unsplash

On the bar exam, it’s tempting to use words that sound right, or that approximate legal terms. But unlike political commentary, bar exam essays demand accuracy.

One example that's fresh in my mind from grading final exam responses is when students describe a courtroom as a "private forum." That phrase has no recognized legal meaning in First Amendment jurisprudence and can confuse the reader or suggest a misunderstanding of the doctrine. The correct and precise term is nonpublic forum, which is essential to apply the appropriate legal standard under the First Amendment.

Calling a courtroom a “private forum” casts doubt on your understanding of First Amendment jurisdprudence, since “private forum” is not a recognized legal classification. It’s the legal equivalent of calling a Samsung a kind of iPhone—close in function, but not the same, and not interchangeable when it comes to applying the correct legal test.

Bottom line: Use the precise legal terms. They exist for a reason.