12 February 2008

Essay predictions for California Bar Exam

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.


Anonymous said...

What's up with the screwy formatting?

Leslie said...

What are the seven California distinctions? I'm finding a lot more than seven. If you've been taught to know seven and have time to share, I would appreciate it. Thank you.

Holden said...

@Anonymous - I thought it was nice formating =) Maybe a browser issue having are you [end yoda]

@Leslie - waiting to hear back from a friend who provided me with that portion of the list, will update as soon as I get word.

Time to start memorization tomorrow for me so limited additional updates after that, though I'll try.

Leslie said...

Thank you, Holden.
If you have time, 7 California distinctions would be great and much appreciated.

I, myself, am fighting my personal list of the 7 California distractions!

Holden said...

7 CA distractions:
(1) the internet
(2) ridiculously good looking people
(3) food
(4) loved ones
(5) this outrageously interesting election (gObama!)
(6) voices in my head
(7) sleep

Holden said...

Distinctions per Adachi posted on the main blagh.

Leslie said...

Ah, a big thank you to everyone who is sending me lists and distinctions and distractions!