February 2014 Bar Exam Predictions: Part Two

Hello All,

I want to wish everyone who is taking the bar exam tomorrow all of the very best of luck!

Some additional thoughts on potential areas for testing on the essays:

Typically a few subjects repeat from one bar exam round to the next. And, sometimes a subject will repeat three times back to back. This means that really anything can be tested. If you have been following this blog, you will know this as it is a theme here – be prepared for anything, as anything is testable.

That being said, I do have some additional thoughts on what could potentially show up on the exam either Tuesday or Thursday.

Of the topics from the July bar exam that might be a bit more likely to repeat, I think that perhaps Wills or Constitutional Law are possibilities.

Possibly Wills: The reason I suggest Wills, is because it could easily be tested as a cross over with Trusts. This would bring in a new topic and repeat Wills. It makes sense, but of course there are no guarantees. If you were to see Trusts (either as a cross over with Wills or alone as a Trusts only essay) I am leaning towards the essay involving either a Spendthrift/Support/Discretionary Trust scenario (these three are typically tested together) or a Charitable Trust issue (requiring a discussion of the Doctrine of Cy Pres and Equitable Deviation). Another point worth making about Trusts is that the area of Testamentary Trusts has not come up in some time. It is worth noting that the last time Trusts was on the bar exam it was in the context (primarily) of Trust Remedies, specifically a constructive trust.

Possibly Constitutional Law: Another area to keep in mind for the essays is the possibility of Constitutional Law repeating. So why Constitutional Law? There are a few reasons: 1) subjects repeat back to back, and 2) there are several areas within Constitutional Law that were not tested on the July bar exam that could make up an entirely different Constitutional Law essay exam. For example, a First Amendment Speech issue could be tested (which was not tested on the July bar exam) or a Commerce Clause or Dormant Commerce Clause issue could come up. I think the latter is more likely than First Amendment Speech.

One possible scenario would involve a state statute that essentially taxes out of staters – in this type of scenario you are faced with balancing the state’s interest in the regulation and the burden that is placed on interstate commerce. I think this is a very likely area for testing. Should you see an exam like this, you will need to identify the power that the state has to act (those powers that are reserved to the states via the 10th Amendment: safety, health, welfare, education and morals of its citizens). You will also need to identify the state’s interest and ultimately determine whether upholding the regulation places an undue burden on interstate commerce.

Torts is not my first pick of topics to repeat. However, if it were to be tested, I think that Defamation is a real possibility. It could, someday, be tested as a cross-over with an anti-slapp motion (which has yet to be tested from California Civil Procedure). An anti-slapp motion is a type of responsive pleading available in California and could be an appropriate response to a suit for defamation. This has yet to show up on the California bar exam and I do think it will some day. Of course whether that is tomorrow is another thing.

I will be posting again tomorrow after I hear what was tested on the essays. I will not address the performance test tomorrow. The reason for this is because there are examinees with accommodations who will not be taking the performance test until Wednesday. As a result, I will not be posting anything here about tomorrow’s performance test until after Wednesday evening.

I want to thank you again for following my blog.

I wish you much success on the bar exam!

All the best,

Lisa Duncanson
Program Director/Founder (213) 529-0990
Bar None Review and The Bar Exam Cram Session (TM)

February 2014 Bar Exam Cram Session – 4 Seats Left!

Hello All,

I don’t usually put advertisements on my blog. But, I do have students who only find out about our classes after they have already taken and failed the bar exam and they tell me that they wish I had put up more information about our course offerings. So, here goes . . .


TO LEARN MORE OR REGISTER

PREDICTIONS AND TIPS: I will be posting predictions as it gets closer to the bar exam (I know, it is close already, but I do promise this material to my enrolled students first). Also, take a look at last July’s predictions – anything that did not show up on the last bar exam that I was leaning towards as possibilities then are even more likely now (at least that is my opinion). And, remember, it never makes sense to study around what is being predicted. Anything could be tested – so your goal is to be ready for whatever comes your way.

Also, if you find this blog helpful, please spread the word. And, don’t forget to join our bar exam tips list (see my earlier post here, to sign up).

Remember to stay positive and to believe in yourself. You CAN do this! Stay tuned for predictions. Wishing you all the very best in your studies!

Lisa Duncanson
Program Director/Founder
Bar None Review and BarExamCramSession.com
(213) 529-0990

California Bar Exam – The Bar Exam Cram Sheets – Excerpts

Hello All,

We still have a few seats left in our February 15th and 16th two Day Bar Exam Cram Session. For more information on The Two Day Bar Exam Cram Session, click here.

See photos below for a few excerpts from The Bar Exam Cram Sheets (click on the image to see a larger view):

Wishing everyone the very best in their studies!

 

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Evidence Bar Exam Cram Sheet Preview

 

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Civil Procedure Bar Exam Cram Sheet Preview (California distinctions are included, for example, Anti-SLAPP Motions). NOTE: The California Bar Examiners have yet to test California Civil Procedure.

Bar Exam Tips and Free Evidence Handout

Hello All,

If you would like to be added to our February 2014 Bar Exam Tips Email List and/or receive a free copy of our Evidence Handout, complete the form below and we will send the handout to you via email and add you to our Bar Exam Tips Email List.

Please select “yes” or “no” in the drop down menus below and click on the “submit” button at the bottom of the form.

Good luck in your studies!

Note: This handout will be available until 1:30 pm on March 1, 2014.

Your contact information is safe – we do not share, or sell your information.

California Bar Exam: Free How to Pass the February Bar Exam Workshop!

Free “How to Pass the February 2014 Bar Exam” Workshop

How to Pass the February 2014 California Bar Exam Workshop” - Thursday, December 12th from 7:00 pm to 9:00 pm. Los Angeles, California

Back by popular demand, our next “How to Pass the California Bar Exam Workshop” will be held on Thursday, December 12, 2013. Our workshops fill up quickly. Reservations are on a first-come, first-served basis. This workshop is free and includes free bar exam templates and our “How to Write for the California Bar Examiners” Handout. Space is limited. Click here to make your reservation.

Sign up here! photo

 

Bar Exam Tips: 10b5 and 16b

Hello All,

One of the areas we spent a little extra time on in our Two Day Cram Sessions was Corporations – and in particular – 10b5 (tipper and tippee liability, corporate pronouncements and misappropriaters) and 16b (short swing profits). This (federal securities law) is an area that has not been tested in several years. As a result, in our class sessions we gave it a little extra treatment just in case. There are past exams as examples of this area, but I do not believe there are any on the bar website (as the exams on the bar website do not go back far enough). So, here is an example of one of the past exams testing federal securities (this essay also tests Professional Responsibility – it works out to be a nice cross-over essay). You can download the sample Corporations essay here: Corporations SEC & PR Essay - it can’t hurt to take a look – do not test yourself on this – just review it. I personally prefer Answer B.

I recommend reviewing this essay (spend 15 to 20 minutes on it) and spend a few minutes to review Sarbanes-Oxley. It can’t hurt. You can do this over breakfast if you wish. And, if you would rather read something for comic relief – I recommend this blog post by a bar taker – it is quite funny: “A Strongly Worded Letter to the Bar Exam”

Okay, I really am calling it a night.

All the best to all who are taking the exam tomorrow!  You can do it!

Best,

Lisa Duncanson
Program Director/Founder
Bar None Review & Bar Exam Cram Session
www.BarExamCramSession.com

If you have found this blog helpful and wish to make a donation, you may do so through the following link: 

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California Bar Exam Predictions: July 2013 Bar Exam – Part Two

Hello All,

The test is five days away.  It is normal to have some anxiety right now (okay, it is normal to have a lot of anxiety right now).  But, there is still time to review, and still time to gain a better understanding of how areas are tested, and still time to continue to memorize the law. You need to believe that in order to make the best use of the remaining time. Actively work at remaining calm and maintaining a positive attitude – it will only lead to a better study period in these next few days.

If you would like to be added to our July 2013 Bar Exam Tips Email List, click here.

A bit about writing for the California Bar Examiners and how to prepare in the final days leading up to the exam:

I highly recommend that you review as many essays as you can. Of course, continuing to work on memorization is important. But, anyone who has reviewed past California bar exam released answers will tell you that the graders’ focus is not on perfect rule statements. The bar examiners know that you can go look up a rule.  A passing answer will evidence that you know what the issues are and that you know how to resolve the legal problems. This is key.

I am not suggesting that you shouldn’t strive to write perfect or near perfect rule statement. But, it is more important to evidence a true understanding of the legal issues presented by each fact pattern and to resolve these issues to your best ability. Your focus should be on issue coverage (identifying as many of the relevant issues as possible) and on the analysis (fully explaining why something is an issue and how it could be resolved). All too often examinees write towards the answer – by this I mean that many examinees first (before writing anything) try to figure out what the correct answer is and then write towards that conclusion. A better approach is to present all possible issues and to discuss all possible resolutions of those issues.

Okay, I promised more “predictions” . . . so here we go . . .

Property - Property is a possibility. I think that Constitutional Law, Evidence and Property are all about equal in terms of the chances of each subject showing up on your next bar exam (and that Criminal Law is a possible topic that might repeat – although I do not necessarily think you are likely to have four MBE topics – but it is possible). What is most likely for Property (if it were tested): Easements is very possible (either on its own or – in a possible land sale contract setting). I also think that Covenants and Equitable Servitudes are possible.

Also, if you were to get an essay on Easements and it was in the land sale context – the scenario could go like this: Betty is granted an easement by Grant for a 20-foot road. She receives this easement by express grant, but never records. Betty uses the road and ultimately paves a thirty-foot wide road and begins using it for part residential and part commercial use. Grant sells his land (the servient tenement, the land that is burdened by the easement) to Buyer. The issues become 1) Does Betty have a valid Easement, 2) Does Buyer take the land subject to Betty’s easement etc.

The above scenario generates many discussable points. To determine whether Betty has a valid easement you should follow the Easements approach:

1. Is the easement appurtenant or in gross, 2. Is the Easement affirmative or negative easement, 3. Creation - how was the easement created (PING)? 4. Scope - what is the scope of the easement and was the scope exceeded – or was the easement overburdened? 4. Was the easement terminated.

With respect to whether Buyer takes the land subject to Betty’s easement will likely require a few discussions: 1) a discussion of notice and potentially recording act statues and 2) a potential Warranty Deed discussion where you discuss the present and future covenants. **Incidentally, I think this is as likely an essay testing scenario in Property as a straight Covenants/Equitable Servitudes essay. Bear in mind that in Property, the favorite area of testing is the area of landlord tenant. While this was tested recently, it does not mean the examiners could not do it again. It is just not my first pick for what will come your way. However, be ready for it.

Community Property - most are “predicting” community property. I do think it is very likely. There is not a lot to community property (in terms of what the California bar examiners test). So, like all subjects, you simply need to know it. However, I would be certain to know the Accounting Methods for Value Enhanced Separate Property businesses (Van Camp and Pereira). Simply know this topic. Because there is not a lot to this subject, we typically see the same issues tested over and over from one testing round to the next (transmutations come up a lot, the fiduciary duty between husband and wife and rights to equal management and control also come up a lot). In addition, I would be mindful of the following scenario (this would just be one part of a Community Property Essay): husband sells diamonds to a third party way below market value. Wife wants the diamonds back. The issues that come up are: 1) equal management and control, 2) fiduciary duty (the duty owed between husband and wife is of the highest level), 3) whether the third party buyer is a “Super BFP” (a buyer who purchased for value without notice of the marriage). Keep in mind that if the buyer paid way below market value, then they probably are not a “purchaser for value” and so whether they knew of the marriage or not, will not likely matter. You could then potentially discuss remedies – the remedies available would likely be a constructive trust or tracing (if the buyer sold the diamonds for cash). Yes, remedies concepts can show up pretty much anywhere. The key is to simply use your common sense - don’t write your answers in a vacuum - rely on both your knowledge of the law and common sense and focus on resolving the legal issues at hand (this is something that applies to all subjects).

Professional Responsibility - Professional Responsibility is tested on the essay section of the bar exam on virtually every bar examination administration. In fact, the California bar examiners have only skipped Professional Responsibility from the essay portion of the exam twice since 1994. It will be tested on either the essays or the performance test (as that is what the bar tells us – from 1994 tested every bar round on the written portion – this can be either the essays or the performance tests or both). So, not a real surprise that I would be predicting this topic. However, there are some areas that are favorites (typically) and some areas that have not been tested as recently as others. Bear in mind, there is only so much to Professional Responsibility – so the same issues repeat frequently. Therefore, a review of any of the recent Professional Responsibility Essays would be appropriate.

Professional Responsibility in the context of a corporationSome are predicting that you might see PR in the context of a corporation. The scenario is often this: where the Lawyer is representing a corporation and then a lower level employee meets with Lawyer (perhaps offsite) and confides in Lawyer about a past or ongoing fraud on the part of the corporation). This is being predicted because it is a past favorite and we haven’t seen it for a while. In this scenario the Lawyer’s client was supposed to be the corporation and now the issue or problem that arises in the facts is that Lawyer – in meeting with the lower level employee – is also the lower level employee’s attorney – that an attorney-client relationship formed when Lawyer met with lower level employee. And, of course there is now a conflict of interest. You might also have the opportunity to discuss the rules about crimes that the client has committed, is committing or is about to commit and the rules with respect to what Lawyer may or must do. This area has been tested quite a bit historically, but not recently. Therefore, it is a very likely possibility. 

Other Professional Responsibility favorites are: 1) Mom hiring attorney for her son and 2) Lawyer engaging in a sexual relationship with his/her client. All of these areas present many of the same issues: breach of the duty of loyalty, breach of the duty to give candid advice, and especially – conflict of interests. Keep in mind that when dealing with conflict of interests in Professional Responsibility, the bar examiners embrace answers that discuss both potential conflicts and actual conflicts. 

Okay, that is it for today. Remember that these are just possible scenarios. I do not have a crystal ball.

Be positive, believe in yourself, and know that you CAN do this. The bar examiners are not looking for perfection. Simply do your best and trust that you are capable and that your best will be more than good enough.

All the best,

Lisa Duncanson
Program Director/Founder
Bar None Review
(213) 529-0990
barnonereview.com

Bar Exam Tips and Free Constitutional Law Handout

Hello All,

If you would like to be added to our July 2013 Bar Exam Tips Email List and/or receive a free copy of our Constitutional Law Handout (our recommended steps for evaluating the constitutionality of a state or federal statute), complete the form below and we will send the handout to you via email and add you to our Bar Exam Tips Email List.

Please select “yes” or “no” in the drop down menus below and click on the “submit” button at the bottom of the form.

Good luck in your studies!

Note: This handout will be available until 1:30 pm on August 1, 2013.

Your contact information is safe – we do not share, or sell your information.

California Bar Exam Predictions: July 2013 Bar Exam – Part One

First of all I want to wish you all the very best of luck in your studies this week and I want to thank you for following my blog. I am truly humbled by the responses from examinees who have sent emails – thank you so much.

If you would like to reach me directly, please feel free to send me an email at: pass@barnonereview.com

Today, this blog will likely reach over 400,000 views. I am deeply humbled by the following. It truly gives me great satisfaction to be able to reach so many and to provide assistance to those who are in the midst of their bar studies.

A few caveats about my “predictions” . . . 

If you have been following my blog you will know that I do not really like to call my “predictions” predictions. I do not claim to be able to predict the bar exam. I have simply come up with what I call essay scenarios that I think might be worth considering. In the coming days (today included) I will be releasing these essay scenarios. Know that no one can predict what will be tested on the bar exam. And, anyone directing their studies completely around what someone has “predicted” is not making a sound bar exam prep decision. That being said, it cannot hurt to entertain potential essay scenarios – especially if this causes you to seek out examples and to improve the focus and intensity of your review. You should, of course, be prepared for any subject as any subject can be tested.

My commitment to my enrolled students: Please understand that my students who pay to take my course do not appreciate it if I release our “predictions” weeks in advance to the world. They pay for the privilege of our insights – at least they see it that way. So it simply isn’t fair to give away part of what they pay for to everyone else for free. In past rounds I have not made this available outside of our course. However, last year, after being asked over and over again, and after discussing it with my paying students (how they felt about it) I decided to release “predictions” – or – possible essay scenarios.

So here is the plan, As I have done in the past year, I will release the essay scenarios I have come up with over the coming days (one or two topics a day). To do anything else would really not be fair to my enrolled students. I hope you understand.

So here are a few thoughts on what I think could be tested:

Constitutional Law: Note: this was on my list of possible repeat topics for the last bar exam. It did not repeat and therefore, now that it has been skipped for an entire bar round, it is a subject that many are predicting. I also think that Constitutional Law is a very likely subject for testing. Possible areas of testing within Constitutional Law: I think an essay that requires you to address the constitutionality of a statute (state or federal) which can then require you to address due process (both substantive due process and procedural due process), commerce clause, dormant commerce clause (if it is a state statute regulating an interstate activity). While this is not the only area that could be tested, it is an area that the bar examiners have not tested as recently as some of the other testable areas. Free Handout: I provide a free downloadable approach for determining the constitutionality of a state or federal statute –  this approach will tell you when you should and should not address 11 Amendment immunity and provides a checklist of the order of things to go through in writing an exam like this – often students do not understand how a constitutional law question can bring up many different issues – 11th Amendment Immunity, Due Process, Equal Protection and Commerce Clause OR Dormant Commerce Clause can all very easily be tested on the same essay exam. So it is often not a matter of which you discuss but, how quickly you can manage to discuss all of these topics. I will be making this handout available again through this blog later today.

Evidence (or as I like to call it: Off to the races):  Like most people would predict, I am leaning towards an Evidence exam. Transcript style has not been tested in some time so I would not be surprised if you see that. Bear in mind, most are predicting this topic. As a result, most have given this area a bit of extra treatment in their review. Evidence essays are typically racehorse exams. This is important to keep in mind because you will need to work quickly and begin writing your answer as soon as possible to allow for enough time to address as many relevant (sorry for the bad pun) issues as possible. Be sure to know your form objections (for example: leading, non-responsive, assumes facts not in evidence, etc.). A great way to prepare for any essay tested subject is to review past essay exams. This is particularly true of Constitutional Law and Evidence. By reviewing past exams you can develop an efficient approach (which is necessary for both of these topics as both typically involve many issues on just one fact pattern).

POSSIBLE REPEAT SUBJECTS APPEARING ON THE JULY 2013 BAR EXAM (third time could be a charm):

Every bar round, the bar examiners repeat subjects from the prior bar round. Therefore, you should not eliminate any topic or presume that a subject will not be tested this July simply because it showed up on the last bar round or, showed up on the last two consecutive bar rounds. That’s right – subjects repeat sometimes back to back - three times. Civil Procedure has appeared back to back three times as have many other subjects. Therefore, I would not be surprised – nor should you be surprised – if you were to see either Civil Procedure OR Criminal Law – tested again (for a third time in a row) on the this next bar exam. Below are a few scenarios to consider should you see either Civil Procedure repeat or Criminal Law repeat:

Civil Procedure could come up again:  Some of the most commonly tested issues in civil procedure are: jurisdiction and collateral estoppel and res judicata. Another area that has not been tested all that recently is supplemental jurisdiction (bear in mind that if supplemental jurisdiction is tested, it will likely be what I refer to as a “tack on” issue or call because it would not be a large part of the question, but rather a shorter call within an essay exam). Typically you would expect supplemental jurisdiction to come up in the context of a Federal Diversity Jurisdiction essay. Class actions has not been tested in a very long time – I keep thinking that is due, but, If you look at what is most often tested in Civil Procedure it is jurisdiction (PJ and SMJ and Venue) and Collateral Estoppel and Res Judicata, it is not all that unusual that it has not come up in a while. Still, it is an area (Class Actions) that I would be certain to be familiar with in the event that it is tested. Even though class actions has been absent for many bar rounds, it is still no more likely in my mind, than jurisdiction or Collateral Estoppel and Res Judicata. What about California Civil Procedure? Well, one area that has yet to be tested on the California bar exam is the area of SLAPP Suits and Anti-Slapp Motions. I will write more about this possible area of testing in the coming days. In the meantime, I would give it a quick review.

Civil Procedure Tip: Be sure not to mix up Res Judicata and Collateral Estoppel – make sure you know which one is issue preclusion and which one is claim preclusion. Here is one way to keep the two straight: the “C”s do not go together – in other words: Collateral Estoppel is Issue Preclusion and Res Judicata is Claim Preclusion. Should you get tested on this area – be certain to make note of the California (and minority) “primary rights” view with respect to claims. If you need further explanation of the “primary rights” view – please let me know and I will add a bit more here.

Criminal Law – especially – crossed with Criminal Procedure could come up again: Criminal Law was tested last on the February 2013 bar exam and on the July 2012 bar exam. However, Criminal Procedure has not been tested recently and neither has a murder exam. (The  February 2013 exam tested accomplice liability heavily and did not include any criminal procedure and the July 2011 exam tested larceny and other possession crimes but, no murder). As a result, I think that a Criminal Law murder exam, crossed with a significant amount of Criminal Procedure is a good possibility. I also think that an exam with only Criminal Procedure is possible as well.

NOTE: I do not think it is incredibly likely that you will see both Criminal Law/Procedure and Civil Procedure on the July 2013 bar exam. However, I do think that each is as likely to show up – so be sure to review both topics – do not dismiss either subject.

Okay, so that is it for now. Okay, well maybe not . . . make sure you know the California tests for value enhanced separate property businesses (Van Camp and Pereira) . . . more on this (Community Property) soon (this should serve as a hint to one of the next topics on my “predictions” list).

In the meantime, keep at it. Believe in yourself and stay positive. Maintaining a positive attitude in the days leading up to the exam is key. There is still a lot of time – use it well. You should expect any topic and be ready for any topic. To that end – please read my prior posts about the importance of reading and studying past bar essays.

Clearly, no one should try to rely on predictions to guide their studies. You simply need to know everything as well as you can. Still, I think it can be helpful to have some possible essay scenarios to keep in mind especially in the few days leading up to the bar exam, just to have something new to focus on. Then in the event that you see any of it, you will feel good. And the odds that some of the above will be on the exam is fairly high (and that is not because I have some crystal ball, it is simply because there are only so many subjects, a person could throw a dart and get at least some right).

I hope this is helpful. Please, please understand that I give this out at this time as a way to be helpful and also to respect my enrolled students who are, after all, entitled to receive this information first. I wish you all the very best of luck. Best of luck to you all!

Lisa Duncanson
Program Director/Founder
Bar None Review
(213) 529-0990
barnonereview.com

Bar Exam Cram Session – Online Enrollment Available for Orange County Session

Enrollment for our upcoming Orange County, Two Day Bar Exam Cram Sessions is now available online. There are still a few spaces available in our June 29th and 30th Bar Exam Cram Session.

June 29th and 30th – Two Day Cram Session – Orange County (located in the city of Orange, close to the 5 and 57 freeways, class hours are: Saturday – 9:00 am to 6:00 pm and Sunday – 9:00 am to 6:00 pm). To register for the Orange County Two Day Bar Exam Cram Session, click on the link below:

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Note: To finalize your enrollment, please complete the form below.

To enroll in the following Two Day Bar Exam Cram Sessions, contact us at: pass@barnonereview.com

July 13th and 14th – Two Day Cram Session – Los Angeles (Class hours are 9:00 am to 6:00 pm on both days)

July 18th and 19th – Two Day Cram Session – Sacramento ENROLLMENT IS CLOSED

Best of luck to all who are studying for the July 2013 Bar Exam!

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