February 2015 California Bar Exam: What to Study for Day Three?

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Hello all,

Congratulations, you only have one more day! You are the very first group of bar examinees to ever take Civil Procedure MBEs. And, this time tomorrow night you will be done with the bar exam!  I know that many of you are anxious about what might show up on tomorrow’s essays and performance test. Hopefully this post will help ease some anxiety. That is my hope. If you feel you need more, be sure to sign up for our tips list (you can sign up below).

I promised I would provide an additional update to the “predictions” that I made earlier. So here we go:

If you have been following my blog  you may know that I will not discuss the performance test until next week as there will still be examinees taking the Performance Test this Saturday and Sunday (those examinees that are on a six day exam due to accommodations).  However, knowing what I do know about Performance Test A from day one, does not change any of my predictions that I made prior to the exam.

So, here is what I recommend you do this evening. Study . . . some. I really do think it makes a difference to do some studying the night before. Of course, this is up to you. But, I do believe that reviewing material the night before is helpful and I do think that you can still learn new material (although I hope you do not need to learn new material tonight).

Now what should you study?

1) Study any area that you fear seeing on the exam tomorrow. You do not want to walk into the exam tomorrow morning hoping that you do not see a particular topic. Also, don’t be so fearful – review that topic for a little bit and then put it away. Be confident that you will be able to figure it out well enough tomorrow should you see it tested on the essays.

2) Review the “predicted” areas (see earlier posts) and remember there is no way to predict what is going to show up tomorrow, I do not claim that I can do that at all nor do I recommend that examinees study around predictions. But, at this point, the night before the bar exam – it can not hurt to entertain some of the possible essay scenarios that could show up and give these a little thought.

Here are some of the areas I would likely consider for tomorrow:

Professional Responsibility could show up tomorrow as either an essay or on the Performance Test or both. My thoughts are it could be absent from the essays – occasionally the bar examiners skip it from the essays altogether. This is generally not the case, however, so I would prepare as though Professional Responsibility is going to be on one of the essays tomorrow.

Constitutional Law (possibly Dormant Commerce Clause) could come up – please read earlier posts for details. Review my earlier posts and  review the handout we provided (through Bar Exam Tips Emails) for approaching the Constitutionality of a state or federal statute. There is a particular approach for this that the bar examiners embrace – and – it is different depending upon whether you are asked to evaluate a state law or a federal law. Keep in mind that in addition to your typically required State Action and Case or Controversy requirements (standing, ripeness, mootness, and must not involve a political question) that when evaluating a state statute you need to address whether the state (or subdivision of the state – county, city, etc.) has the power to act. The power for the state to act would need to stem from those reserved to the state via the Tenth Amendment (states can regulate on behalf of the morals, health, welfare, education or safety of its citizens). There are several remaining steps depending upon the type of regulation that is at issue – assuming you end up facing a Constitutional Law essay tomorrow – it would be a good idea to be prepared for how to approach these areas. If you would like a free copy of our handout for Evaluating the Constitutionality of a State or Federal Law, just add our tips list below and we will send it out. Incidentally, this handout/approach covers how to handle a dormant commerce clause essay – since that IS a state law that is affecting interstate commerce in such a way that might place an undue burden on interstate commerce (that is the issue that comes up in the even that you have a dormant commerce clause exam).

Wills – either alone or crossed over with something else (Trusts, Community Property for example). I think Wills is very possible. Of course, there is NO WAY to predict what will show up on tomorrow’s essays or performance test. If, however, you were to see a Wills essay, the areas of integration, incorporation by reference and acts of independent legal significance are frequently tested (and often – believe it or not – come up together depending upon the essay fact pattern). Also commonly tested in Wills are issues with respect to an omitted or pretermitted heir. Ademption by extinction is also a frequent flyer. Be sure to know these rules so you are comfortable dealing with these areas.

If you do see Wills on the bar exam tomorrow, you may or may not be faced with determining the validity of a will – but if you are – and there is a prior will – then you need to address Dependent Relative Revocation (regardless of whether it will effectively revive a prior will or not – if it is ineffective – then address it and explain why DRR will not work – this is the stuff that passing (and better than passing essays are made of).

What if Criminal Law Murder shows up on an essay tomorrow? If it were me taking the exam tomorrow, I would make sure I reviewed the tests for Insanity Defenses – past bar exam answers instruct us that perfection with respect to the rule statements is not the most important thing and that your ability instead it is 1) your ability to correctly identify the issues and 2) your ability to have a thorough discussion and detailed analysis that is paramount. But, obviously, you will be most comfortable writing in any area if you have a really good grasp of the rules. The tests for insanity have not been tested in several years – so I would give that a quick review and do your best to make sure that you can discuss all four should it be presented on tomorrow’s exam.

What if you were to be tested on Torts again (it was on the July bar exam) – then I would not be surprise if Torts came up as either a cross over with Remedies or if you were to see Defamation or perhaps some of the miscellaneous tort issues (again – review my prior posts from this week – and understand – Torts is not on my list of “most likelies” – just understand that you should be prepared for anything).

Don’t forget that subjects repeat – so far Contract Remedies repeated from July 2014 to February 2015 – anything else from July 2014 can still repeat (read my prior posts about this – even Contract Remedies from day one could repeat). Torts from the last bar round (which was Negligence) could repeat – take a look at Torts, do not dismiss it or assume it can not be tested.

For other possible topic areas for testing, review my prior posts from earlier this week.

3) if you haven’t already, sign up for our tips list and I will send out our predictions and revised predictions to you via email. We will continue to send this out through this evening as long as possible).

You can sign up for our revised predictions and tips list here:

What else should I do?

Do your best to relax. You have just been through two very long and intense days. You need to have your wits about you for tomorrow. Focus on things that will help you and avoid things that will be counterproductive. What would be counterproductive? Dwelling on how you did (or did not do) on day one’s essays or performance test, talking about what you wrote on day one . . . this will not help, and it generally only leads to more anxiety which is not helpful.

Try to get some decent sleep.

If you can get a decent night’s sleep tonight that would obviously be great. But, recognize it may not be possible and simply be okay with that. Don’t dwell on the fact that you can’t sleep, just try your best to rest. At all times, be positive and keep a good frame of mind. You will do better for it tomorrow.

Don’t give up.

Absolutely do not give up. This test is often as much about perseverance as it is about your studies. And, let’s face it, to study well over a protracted period of time definitely requires perseverance. You graduated from law school For some, perhaps a few, that is relatively easy. But, for most, it takes a lot of dedication and perseverance. So you have this skill, use it tomorrow. Don’t let the test get to you.

Be positive.

This is so important. Tell yourself you are going to succeed. Actively work at being positive. Choose to be positive. Only you can make this choice, I highly recommend it.

Use Headings!

Your exam answer should be attractive and look organized. This should not be news to you, but if it is, be sure to use headings on your exams tomorrow. Let your headings to the heavy lifting for you! Make your exam answer easy to follow.

Write your heart out tomorrow!

The exam graders can not grade or give you points for what never makes it to the page. Whether you are using a laptop or handwriting, be sure to write as much as possible. Be sure to explain your reasoning. If you are dismissing an issue, I recommend that you dismiss it on your answer rather than leaving it off of your exam because you dismissed it in your head. Remember, the grader won’t know if you left an issue off because you chose to dismiss it or because you simply forgot.

I will continue to update this blog tomorrow, so stay tuned if you wish.

All the best of luck tomorrow!

Lisa Duncanson

Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

California Bar Exam: Congrats on Being Halfway Done!

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Good afternoon all,

Congratulations on completing half of the bar exam! By now you have completed the first section of the MBEs and are on your lunch break.

I wanted to write a quick post to wish you all the very best of luck and to give you a few more tips for this afternoon – in case you happen to be reading while you are on your break.

As I wrote this morning, you should expect the MBEs today be hard. This is always the case – every bar round. But, this February 2015, with the addition of Civil Procedure to the MBEs – many examinees are pretty worked up. So by now, you have seen some of these new MBEs (you are NOT supposed to discuss the MBEs, remember, you signed something promising NOT to discuss the MBEs). However, your experience with the questions so far has likely been very similar to everyone else’s experience – it was difficult. And, this afternoon will be difficult as well. But, you are in the same boat as everyone else – it is all in how you navigate it at this point (attitude, sense of accomplishment, refusal to give up, persistence and perseverance, etc.).

Day two is always a long day, and it may feel like you are not passing the exam even if you are actually doing well. How is that? Well, passing raw scores on the MBE have ranged from as low as 129 to as high as the 140s. The passing raw score for the past several years has hovered around 133. A 133 is 66.5% . . . that is a D in regular grading, right? So why should you care about this? Well, if you are getting a D, it may feel like you are getting a D. What I mean is that even if you are scoring well enough to pass on the MBEs, it may not feel like you are passing. You may have scored 70% or 80% on practice MBEs during your bar studies. If so, then you know what scoring 70% or 80% feels like . . . and it feels a lot better than scoring 66.5%. But, on the last several bar exams, 66.5% was all you needed to pass . . . so just keep that in mind – as you go back into this afternoon’s MBEs today. If today has felt a lot harder than your practice MBEs – this is not only normal, it is okay.

If you haven’t figured it out by now, you should know that a significant amount of what it takes to pass the California bar exam is simply keeping your head above water, staying mentally above it all and not letting the test get to you. This is a choice, by the way.

I think one of the biggest challenges that examinees face on the days of the exam is not whether they can remember enough (which is everyone’s biggest fear) but it is instead simply keeping it together, not losing it, staying calm and remembering that it is supposed to be hard, it will be hard, but that you CAN do it.

This is all of your choosing – you can choose to not let this test get to you. You can choose to put yesterdays essays and performance test behind you and completely focus on doing your absolute best on what is still in front of you. You, and only you, can choose to be positive.

And remember that when you are passing the bar exam it doesn’t necessarily feel like you are passing it – it still feels hard (because it is hard), it sill feels very challenging (because it is very challenging), it still might be hard to finish an essay or a performance test tomorrow (and, in fact you may not finish everything and still pass).

So choose to be positive, see everything about your performance in the best light and stay out of your own way, be your own cheerleader and kick butt! Yes, I just said that . . .

I will continue to post and will continue to send out emails. It is not too late to join our Bar Exam Tips List, see my earlier posts to sign up.

All the best to you on today’s second half of the MBEs and on tomorrow – you are half way done!!!

Lisa Duncanson

Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

California Bar Exam: February 2015 Bar Exam Tips List – Join Here!

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Hello All,

If you are taking the February 2015 bar exam and would like to join our February 2015 Bar Exam Tips List, and receive a copy of our Constitutional Law Handout on how to evaluate the constitutionality of a state or federal statute, you can do so by completing the form below.

*Your information is safe; I do not release your contact information to anyone.

Incidentally, I do think that Constitutional Law is very possible – in particular, I think that the chances of your getting an exam testing a state statute that potentially places an undue burden on interstate commerce is very likely if you were to see Constitutional Law. This area of Constitutional Law has not been tested in several years and as a result is due. However, favorite areas for testing in Constitutional Law include: Privacy and First Amendment Speech. Still, if you were to see Constitutional Law, I am leaning more towards your seeing a state statute where your job essentially is to determine whether or not the state statute places an undue burden on interstate commerce. I will provide more detail on how to address this (approach and the typical issues to include) along with a sample essay testing this area. This will be provided as part of my February 2015 Bar Exam Tips.

All the best to you in your studies in the coming days!
Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

February 2015 California Bar Exam Predictions – Part One

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Hello All,

Thank you for following the blog and for your patience this February regarding the expected Bar Exam Predictions. We had a record turn out in our class sessions and this “guru” has been very busy. I hope that the materials available on this blog are helpful (see some of the “freestuff” if you haven’t already for downloads). Also, I will make additional handouts and a few recommended essays for your review (based upon my “predictions”) available. Please understand that my enrolled students expect me to provide this information to them first.

About my “predictions” I do not claim to be able to predict what will be tested on the California bar exam. Nor do I recommend that you study based upon anyone’s predictions. However, I do think it can be helpful to know of some possible essay scenarios when going into the bar exam. I base the essay scenarios that I come up with based upon the following: 1) historically favorite areas for testing by the California Bar Examiners, 2) areas that have not been tested on the bar exam for some time (Criminal Law MURDER, for example) and 3) just my gut and my experience with the exam over the past twenty plus years.

What I think is very possible to show up on the exam: First of all, you should know (if you do not already) that any topic can be tested on the essays AND that generally at least two topics (and I don’t just mean Professional Responsibility) will repeat from one bar exam round to the very next. And, some topics repeat three or more times back to back. For example, Community Property was just tested three times in a row and is still fair game on this upcoming bar exam.

But, what am I leaning towards? I think you could see a Property essay. If you were to see Property on the essay I would be prepared for a few different scenarios: Covenants (either of the promise type that generally is tested in conjunction with Equitable Servitudes) or in the General Warranty Deed context. These are both completely different areas, but neither have shown up in some time on the California bar exams. So, how could these be tested? First of all, you should be mindful of the fact that one of the most popular areas of testing on the essay in Property is the area of Landlord/Tenant. This area allows for a nice cross-over with Covenants and Equitable Servitudes. Remember that one of the key distinctions between Covenants and Equitable Servitudes is that Covenants are enforceable at law (meaning you can get money damages) while Equitable Servitudes are enforceable at equity and therefore your likely remedy would be an injunction. I do think that Remedies will show up somewhere on your bar exam and this type of essay would satisfy that as well (the injunction as a remedy).

If you were to see the covenants that go along with a General Warranty Deed then you would need to see something on your essay exam that deals with a landsale contract. One possible scenario would be a situation where there is an Easement (or purported easement) and the issue becomes whether or not the Easement is valid, and if so, is it valid against a subsequent purchaser (in other words, does “buyer” take the land subject to the easement)? This would likely take you into a discussion of the present and future covenants, notice (actual notice, constructive/record notice and inquiry notice) and possibly recording statutes (I know, everyone’s favorite). But, if it were me taking this next bar exam, I would review these areas and make sure that you have it down. It is also helpful to see examples in past essays for how these areas come up. I will make essays available to anyone who would like to sign up for our Bar Exam Tips List.

Criminal Law: Criminal Law has certainly been tested quite a bit over the years. However, what has not been tested in many years is a Criminal Law Murder exam. See earlier posts with our approach for writing a murder essay. Of course I do not know if murder will show up on this bar exam. But, it is certainly a topic that I think is overdue. So make sure you are comfortable with it and be clear on your defenses. We have not seen the insanity tests tested in a very long time either.

Other possible topics: Wills or Business Organizations or both. If you were to see Wills, I think the area of pretermitted heirs (child or spouse) is highly testable as are the concepts of integration, incorporation by reference and acts of legal significance and dependent relative revocation. Of course the rules are very important. But, in my experience, the difficulty for students is not in knowing the rules, but in knowing when these issues arms (how these issue show up on an essay) and knowing that you are expected to discuss many things rather than approaching the essay from the standpoint of discussing only provable, definite issues. You should include in your answer those things that you are dismissing – and – showing the bar exam grader your thought process and why you are dismissing that particular issue. You will see from a review of past bar exam essays and released answers that the bar examiners embrace answers that discuss many options, many issues per area, not just the ball park issues.

I will add more about what I think could come up if Business Organizations were to be tested. But, always consider that Professional Responsibility is a common cross over with anything in Partnerships or Corporations. And, a recent favorite of the bar examiners has been the area of: a lawyer assisting a non-lawyer in the unlicensed practice of law.

If Torts were to repeat: If you were to see a Torts exam, I would expect to possibly see a Tort Remedies essay or perhaps Defamation. Other areas we have not seen in a very long time in Torts include: Nuisance (which makes a great gateway for a Tort Remedies exam) and the process torts (Abuse of Process and Malicious Prosecution – which can make for a great cross-over with Negligence – yes, negligence could repeat again – or Professional Responsibility). The point is that you should not dismiss any topic and you especially should not dismiss topics that were just tested in July thinking that you will not see these topics repeat on the February bar exam.

More tomorrow: I will post more tomorrow about what I think could show up on Tuesday or Thursday’s essays.

As always, I wish everyone who is taking the bar exam the best of luck. There is still time to resolve problem areas in your favor. Stay calm, be confident and recognize that it is absolutely normal to feel anxious in these days leading up to the exam. I will be posting daily from here on out and will add to these predictions by tomorrow.

I will be sending out tips as usual on our Bar Exam Tips List that we will make sign ups available tomorrow or you can send us your name and email address to us at: barexamguru@yahoo.com. You will also be able to sign up here on the blog tomorrow.

All the best,

Lisa Duncanson

How to Pass the California Bar Exam – Free Workshop

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Hello all,

Good luck to everyone who is waiting for July bar results!

For those of you preparing for the February 2015 bar exam, I wanted to let you know that I will be teaching another free, “How to Pass the California Bar Exam Workshop” on December 3, 2014. This workshop will focus on writing for the California bar examiners as well as: test taking strategies, study plans, and simply how to get through this grueling exam with passing results! If you have failed the bar exam previously, this workshop is an excellent program to jumpstart your studies and to figure out how to prepare differently this time. I will also address the updates to the February 2015 bar exam. The workshop is limited to thirty attendees, so please sign up early to secure your spot.

Unfortunately, we cannot make this workshop available online. However, we hope to see you in person! To register, click here and be sure to check out our Bar Exam Cram Session Website for our other course offerings.

All the best to everyone who is waiting for July bar results!

Lisa Duncanson

Founder/Program Director Bar None Review and Bar Exam Cram Session

Prepare For The February 2015 Bar Exam With The Two Day Bar Exam Cram Sessions

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Hello all,

All the best of luck to those who are waiting for bar results for the July 2014 bar exam!

For those of you who are preparing for the February 2015 bar exam, we have released our February 2015 Bar Exam Cram Session Schedule. We will conduct three separate Bar Exam Cram Sessions for the February 2015 Bar Exam. The dates are as follows (click on dates below for more information and to register):

Session I – December 13, 2014 & December 14, 2014

Session II – January 17, 2015 & January 18, 2015

Session III – February 7, 2015 & February 8, 2015

The Two Day Bar Exam Cram Sessions provide a condensed review of all bar tested topics and provide students with a tried and true approach for each essay tested topic. We tell you what you need to know, including what to write, when to write it, how much time to spend on particular issues and provide you with a proven approach to success on the California Bar Exam. You receive a complete set of The Bar Exam Cram Sheets, a study plan for the final ten days leading up to the bar exam and all of the Bar Exam Guru’s predictions and email updates up through the bar exam. See the links above for more detailed course information.

Stay tuned for more information about our February 2015 Civil Procedure MBE Maximizer Program, Score Maximizer Program and Writing Maximizer Program.

All the best to everyone waiting for bar results!

Lisa Duncanson

Founder/Program Director
Bar Exam Cram Session and Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

 

 

Congratulations on finishing the July 2014 California Bar Exam!

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dowhatulove

 

Congratulations on completing the July 2014 bar exam! You should be proud.

So by the time you are reading this post you will have finished the last performance test (and at some point soon I will hear from students and blog followers about what was on today’s performance test). I will not be writing about either Performance Test A or B until next week. But, I will come back here to comment a bit about it and share with you some of the feedback I receive about the Performance Tests.

Since I have not posted on it yet – today’s essays were in the following areas:

Essay 4 – Criminal Procedure and a little bit of Professional Responsibility* (I am SO happy that Criminal Procedure was tested – I really try hard to be selective in what I give out in the hopes that what I release is actually on the test. This year was pretty good that way).

Essay 5 – Trusts (with some Community Property and Wills)*

Essay 6 – Torts Negligence

*Remember, I have not seen the essays, I am relying on reports from examinees. I do my very best to report responsibly. If you do not recall seeing anything other than Trusts on essay #5, please do not freak out. If you did not see an ethics/Professional Responsibility issue on essay #4, please do not panic. We will only know for certain what was tested once the essays are released. And, regardless of what was actually tested – as long as you focused on resolving the legal problems, you should be fine. If you would like to add anything about what was tested, or if you have any questions, or would simply like a little reassurance, feel free to contact me at: barexamguru@yahoo.com. I respond to all emails personally.

Thank you for following this blog. I am grateful for the following on this blog, it means a lot to me. I love teaching and I love helping people. My career path has enabled me to do just that. When I am asked what I do for a living sometimes the response is something like this: “Oh, great, you help make more lawyers, super . . . ” (insert sarcastic tone). But, I am proud of what I do. And I know that lawyers make a real difference in the world. Justice and equality are more than just concepts to lawyers and lawyers are often the champions of those who are most in need of championing.

I hope that you have found this blog helpful to you in your studies and especially during these most challenging of days while you are taking the bar exam. If you have found my blog helpful, please spread the word. And, if you feel so inclined, I happily accept donations to help host this blog. Like you, during the bar exam, I sacrifice time with family and friends. But, I do it knowing that I am helping people and that is something I truly enjoy.

I founded, and run, a commercial bar review company and I love my enrolled students. But, I also really love providing free help here. There is a need for free support. So many examinees fail on their first attempt (who might not if they just had a little bit better direction and a little encouragement). When examinees fail, they are often left with little to go on in their studies. I try to help fill this void a bit. If you find this blog helpful and would like to make a donation, you can do so here:

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Thank you for following this blog and please let others know about it if you think they can benefit!

All the best to you on results day!  And, I do hope you go forward into a career that you love!

Lisa Duncanson

Founder/Program Director
Bar Exam Cram Session and Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com