I. Predictions (be cautious)
A. Anchor of 3 of 6 questions will be rooted in MBE subjects. The other 3 will be non-MBE. That's traditionally what they have done. Based on that.
B. Most Likely: [usually 4 right]
1. 1. Property – Last 5 winters. Most likely to show up b/c strongest trend. Tough would be covenants running with land / equitable servitudes.
2. Crim Pro – Hasn't been on last 3 exams. Formulaic. 4/5/6. Could be evidence cross-over. Would be in call of the question (e.g. is this statement inadmissible hearsay). Hearsay – state entire cluster – logical relevance, legal relevance, personal knowledge, LY, exception, ???. Tough border search.
3. K – Last 2 off. Anticipatory repudiation. If Repudiation v. Modification, Repudiation has won. Always seems to have been credited. After Repudiation if want to mention Modification briefly – go for it. Tough – employment at will Q.
4. PR – 21/22. Off last. Senate Judiciary Committee declared it must be on every exam. Imagine full blown question. Or, trust-PR (trustee is attorney and screws up). Corporations-PR (have someone talk to an atty tipper-tippee). Agency/Partnership cross-over. Tough – none really, just ID duties.
5. Civil Procedure – Extraordinarily high chance. Of three in a row. On winter 2004. Off three times. On winter 2006. Off three times. If something is off three in a row – highly likely to be back on. Do I have to write CA distinctions? If explicitly in call of question. (July 2006: Discuss ABA and CA distinctions to the degree they are different.) If see such a disclaimer, explicitly, talk about distinctions. If they do not explicitly mention, don't write it. B/c someone wrote an evidence essay sample answer w/o distinctions! Tough – RJ, Collateral estoppel, 7 california distinctions.
a. Civ Pro: 1 on jurisdiction. 2d on anything random. Q2 would maybe be about the CA distinctions.
6. Business Associations – Either community property or corporations/agency/partnership. Community property – six times since 1990, if community property off on a winter exam and on next two. Corporations – 2 on, one off, 2 on, one off. Tough – new stuff (agency, partnership).
C. Next Most Likely:
1. Community Property.
2. Wills/Community Property cross-over. Last two winters have been heavy wills and a little community property. If wills question, and $5K is a separate property – that is a wills question with a little community property. Look at a few. 2/06. 2/07. Generic wills or generic CP fine. But, cross-over is tough b/c of required knowledge for surviving spouse. (In general usually 1 cross-over, sometimes 3).
D. Less Likely:
1. Trusts: Typical trust. What type. etc. Reasonable. Tough question would be if trusts, 2, 7 – accounting issues. Ugly set of issues. Haven't tested it in 11-12 years. Very few would be familiar. Just look at them. Tough – look at 2,7.
E. Least Likely: (one of four always shows up)
1. Con Law (10% chance). On three in a row on same subject matter. Fourth time – 100% not on. If con law did show up again – should be dormant commerce clause (although religion has not been tested in 6.5 years but that would also mean 1st amendment four times in a row).
2. Remedies (10% chance). On. Off three in a row. On, then off three in a row. Last two remedies have been contracts, so this should be torts. Be sure to write up one cause of action that succeeds. At least some aspect of K that succeeds. Torts – Negligence, defamation, etc. Even if it says can X get an injunction. Marbury v. Madison – no rights no remedies.
3. Criminal Law (10% chance). Pure criminal question in 2000. Seven years later 2/2007. Then again 7/07 crim/con law crossover.
4. Evidence (15% chance). Traditional summer subject, but was on last winter.