California Bar Exam: Day Two and “Predictions” for Day Three

Hello All,

Right now you are most likely taking the AM section of the MBE . . . unless you are an attorney taker. And, in just an hour or so, you will be half way done with the California bar exam! Congratulations!

So, as promised, I will be posting about what I think might be possible for day three’s essays. I am taking into account what was covered in yesterday’s Performance Test A into my assessments of what I would expect you to possibly see for testing tomorrow.

First, some comments about yesterday’s essays:

1. Day One is over – do not rehash it, replay or worry about it. It is done and you can not go back and re-do it and there is nothing to be gained from going over it and over it again.

2. The above being said – I think there are some things that I can say that might help you put Day One’s essays to bed – so to speak. Aside from simply putting Day One behind you – perhaps this will help: Essay number three had many options as to what could have been discussed. This essay was very similar to Essay #2 from the July 2003 bar exam (something I have brought up on many, many occasions in my bar review course). I have used this essay (from the July 2003 bar exam) as an example of what would be considered an “oddball” essay. On the July 2003 bar exam, the fact pattern was very similar, but the call of the question in 2003 was different. It was different in that examinees were asked to discuss “trust remedies”. This confused many examinees. This bar round it was a different call (and quite frankly, in my opinion, easier to deal with because the calls lead you to certain issues that a call of ‘trust remedies’ might not have). The point of all of this is that I have used this past exam as an example of what I would refer to as an “oddball” essay exam in order to illustrate how various answers (very different responses) would be acceptable. In fact, the story that I relay to my students is this:

“On Day One of the July 2003 bar exam, several of my students called me to discuss essay number two – the essay that tested ‘trust remedies’. I remember two students in particular with whom I spoke to that night. One was a valedictorian from an ABA law school and the other was a repeat taker who had attended a non-accredited law school. Both called me and told me how they handled that ‘oddball’ essay. Each had a very different route to resolving the issues presented and doing their best to answer the call of the question. However, both had some overlap in their coverage. I was confident that both examinees had successfully answered that question. And, both ultimately passed that bar round.”

The reason I even tell this story is to underscore for my students (and now for you) the importance of simply focusing on doing your absolute best to resolve the legal problem(s) presented in the fact pattern. Sometimes we get so caught up in the rules and definitions that we have been attempting to memorize for months that we lose sight of some of our common sense and practical ability to problem solve.

So where does that leave you with yesterday’s essays? Day one is over. What I want to make clear regarding essay number three is that there were variations of answers that will all be correct. Some will have addressed some Contract issues while others perhaps more regarding Torts and specific Tort Remedies – I could give you a list of the two or three issues that I believe a passing answer for that essay absolutely had to have . . . but I will not do that right now – because it will NOT serve you well to think that you missed one or more of those issues. AND regardless of how you did yesterday – you are still in the game – you simply have to take that approach. If you feel badly about yesterday – LET IT GO. That is your choice – to take that approach – and I urge you to make that choice.

You can take on today and tomorrow and no matter what happened yesterday, you can still take this test and make it your last. Be positive and let yesterday go.

One last thing about yesterday’s essays – many have written in indicating that day one was really hard. So, all of you reading this should keep the test in perspective. Yesterday was not likely a walk in the park for anyone. It was simply what it was – and now it is behind you – relish in that. And, resolve and commit to the rest of the exam with as much vigor and confidence as you can possibly muster.

One of the messages I received yesterday was from an examinee who told me of some of the mistakes he felt he had made and asked me if I thought there was “still hope”. I actually receive that same email many times over from many examinees. And, my answer is this: of course there is still hope. You go for it and do not allow this test to get the best of you. Perform at your best today, let yesterday go and tomorrow – do the exact same thing.

“Predictions”

I will be posting again today with my “predictions” for tomorrow’s essays and some thoughts about the Performance Test.

Until then, put yesterday and this morning behind you. Stay positive and believe in yourself.

All the best to all who are taking the exam today!

Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on February 27, 2013 at 11:57 am  Comments (5)  
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Bar Exam Tips: Quick Recap of Bar Exam Predictions

First of all, good luck to all who are taking the bar exam today! Stay positive and keep your wits about you. Believe in yourself and be confident.

I thought I would put up a quick recap of the “predictions” to date (with the strong caveat that no one can predict this exam).

1. Most everyone is predicting Torts (this is a pretty obvious one, which makes me a bit suspicious of it . . . but, like most everyone else, I think you will likely see a Torts exam). Note earlier (more detailed posts about possible Torts scenarios that included products liability, or nuisance, tort remedies. Also a possibility is defamation – the fact that it has been a while since Torts has been tested, most anything is “up” so to speak).

2. Civil Procedure (generally a subject or two or sometimes three – will repeat from one bar exam round to the next). One of my first picks for repeat topics is Civil Procedure (of course there is always the great likelihood that Professional Responsibility will show up – it has only been skipped on the essay portion twice in the past 23 bar exam rounds).

3. Criminal law & Procedure (I already indicated earlier that I was leaning towards a Murder exam perhaps in the context of a 6th and or 8th Amendment – Capital Punishment issue). This scenario has not been tested in some time and murder has been absent from the bar exam for some time.

4. Constitutional Law (I think this is a very good possibility. And, if you were to see Constitutional Law, I think that there would be a high probability of seeing something in the arena of evaluating a state statute – which could generate a number of issues – equal protection, substantive due process (could involve fundamental right, privacy is commonly tested) and I provided an essay handout on a post from Monday that gives an example of a state statute and whether it places an undue burden on interstate commerce – this area is highly testable – review the essay I posted as well as the approach I posted for evaluating the constitutionality of a state law/statute (this was posted earlier on Monday).

5. Corporations/Business Organizations – most are predicting this subject. I could see it happening. The last bar round was light on Professional Responsibility – therefore I would not be surprised if you had other subjects that involve duty issues (like Corporations: duty of loyalty, duty of care + the business judgment rule as a potential defense, or Trusts – with a focus on Trustee duties – these are favored areas for testing). An area worth noting that has been absent from the essays is the area of winding up a partnership. This is ripe for testing. Securities laws (10b5 corporate pronouncements and tipper/tippee and 16b Shortswing Profits) have not been tested in some years. Still, anything can come up in this area – in past years the bar examiners have provided a fact pattern that seems to scream of 10b5 and 16b and then the call of the question tells you NOT to answer under the federal securities law, but instead to answer according to the common law – many are stumped by this and do not know what to do. Well, this is part of what you would do – if you were given such an essay – write about common law misrepresentation and fraud and ultra vires.

6. Property – now this one is tricky. It has been on the exam – but there are areas that have been absent for some time (Covenants & Equitable Servitudes and Easements. Covenants and Equitable Servitudes could come up in the context of a Land lord/tenant issue (this is fairly common) OR it could come up with respect to a landsale contract (so too could Easements). The area of recording acts, notice have not come up in a while and could in the context of marketable title for example or simply to determine if a buyer takes subject to an easement. The reason Property is a tricky pick is because it has shown up on the bar exam with some regularity. However, the issues tested have not been the most typical (for example – in 2011 the bar examiners tested a FSA with a future interest, restraint on alienation, ouster, adverse possession – and that just mentions a few of the areas tested on one of the past Property essays – so not your most typical coverage/testing. That is why I think it could be a real possibility.

7. I also think you could see Community Property OR Evidence again – these could come up as cross overs with other topics or alone. Wills and Trusts (although both tested in the past year) are always possibilities. As mentioned above, an exam with Trustee duties is a possible area – it is favorite area of testing and see earlier “predictions” posts regarding spendthrift, support and discretionary trusts).

Remember, no matter what you see on the exam tomorrow, do not let it get the better of you . . . if it seems hard, it is because it is hard – which means that everyone  thinks it is hard. Keep it all in perspective and don’t allow yourself to doubt yourself or to hesitate too much – just write. Trust your instincts and show them what you know – remember not to dismiss issues in your head, but instead to dismiss issues on your paper – this shows a breadth of knowledge the examiners seem to be looking for.

Above all, remember you do not have to be perfect! Just do your best to resolve each legal issue presented . . . and DO NOT throw common sense out the window!

All the best to you all tomorrow!

Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on February 26, 2013 at 12:37 am  Leave a Comment  
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July 2012 Bar Results: Common Questions, Getting Sworn In, Workshops

Hello All,

For those of you who are waiting for bar results, I wish you the very best of luck! In less than 24 hours you will learn whether you have passed the California bar exam!

I want to thank all who have written in and who have made comments on this blog. I am very thankful for your following and appreciate your feedback and support. The blog has received over 270,00 views . . . thank you for reading and for spreading the word.

I want to address some of the common questions and concerns I receive around this time of year.

1. If I fail the bar exam, will I get my scores right away?  (Note, I have written extensively about “what to do if you fail the bar exam” and will do so again. You can search this blog for earlier posts that provide advice on what to do in the event you fail the exam). If you fail the bar exam you will not get your scores immediately. However, the bar examiners will send you your scores via regular mail right away. Most examinees receive their scores by the following Monday or Tuesday after bar results are released. The only information you will receive from the state bar website’s pass list is whether you are on the list or not. If you passed you will know because you will see your name and will be told that your name “appears on the pass list”. If you do not pass the exam, you will essentially only be told that “your name does not appear on the pass list” (this is the message that a person receives on the state bar website at http://www.calbar.org if they have not passed). This leads me to the next commonly asked question . . .

2. If I receive the message: “your name does not appear on the pass list”, could it be a mistake? Well, sure, it is possible. But, not very likely. Rumors that people have been told they failed online and then received letters in the mail that they had in fact actually passed are just that – rumors. In past years, the state bar exam website has crashed (due to high traffic). However, when this has happened examinees were simply delayed in obtaining their results until the site was up and running again. To my knowledge, the crash did not result in anyone receiving incorrect results. So, the short answer is: no, sadly, if you receive the message “your name does not appear on the pass list” then it is pretty certain indicator that you have failed the exam. I get this question quite a bit on the evening of bar results and I always feel so badly that examinees sometimes are left wondering if there could be a mistake. It just goes to prove how difficult this exam is and how you can study incredibly hard and still not pass. So don’t be too hard on yourself if you get bad news. Instead, work on figuring out why you did not pass and then address those issues.

Should you learn that you did not pass, know that you have time to come up with a solution: a game plan, a strategy for passing the next exam. (Don’t let any bar review provider pressure you into committing to a program immediately. There is time. It is important that you take some time to find the right fit for you – don’t allow yourself to be bullied. I hate to use that word, but, quite frankly some bar review providers are pretty aggressive – others are not – trust your instincts and don’t let anyone push you around).

Here’s hoping you are not looking for another bar review course, but instead are looking for where to be sworn in . . . we will provide a list of swearing in locations soon – check back – we will post this information soon.

Also, please spread the word – we will be offering workshops on “How to Pass the California Bar Exam” (See details below).

All the best to all who are waiting for results!

Our next “How to Pass the California Bar Exam” workshop will be held on Wednesday, November 28, 2012

Workshop attendees will receive free handouts (including selected Bar Exam Writing Templates). Space is limited. To reserve your space, contact us at: (949) 891-8831 or via email at: pass@barnonereview.com

Additional workshops to be held on:

Saturday, December 1, 2012  - 10:00 am – 12:30 pm (How to Pass the California Bar Exam Workshop)

December 1, will likely conclude our series of free workshops for this bar round season as we will then need to focus exclusively on our enrolled students.

 

Published in: on November 16, 2012 at 1:04 am  Leave a Comment  
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California Bar Exam: July 2012 Bar Results – One Month To Go!

Hello Everyone,

Results for the July 2012 California bar exam will be released on November 16th. For those of you who are waiting for results, this may be one of the longest months of your life. I wish you all the very best of luck on November 16th.

So, what should you do while waiting for bar results?

For some of you, the last thing you want to do is to even think about the past bar exam (what you wrote, what you didn’t write about, issues you spotted or did not spot, etc.) while others are researching the questions and looking up detailed issue analysis for the past essays and performance tests. How each examinee deals with their wait is different. However, one common ground most examinees who are waiting for bar results generally share is anxiety.  It is hard, especially as the results date draws closer, not to think about the exam . . . and, it is nearly impossible not to feel at least some anxiety .

One of the most common questions I receive during this time from examinees is whether or not you should study while waiting for bar results.  The answer depends largely upon you.

No one wants to plan for failure, but, given the pass rates on the California bar exam you may want to have a back up plan in case you do not get the news that you are hoping for on November 16th.  Does this mean that you should begin studying right now? No, not necessarily. However, you may want to begin some studying now.  Here are some of the reasons you might want to begin some studying:

1) Studying a little now might help relieve some anxiety by jumpstarting your studies in the unfortunate event that you do not pass the July 2012 bar exam. (Note: if studying right now would increase your anxiety, then this option is likely not for you).

2) If you do not feel like you did well on the last exam. (If you think you did not pass the July 2012 bar exam, then why not begin doing some bar study now?  Consider it insurance in the event that you do not pass the exam).

3) You work full time and can not quit your job or take time off from work in the event you end up needing to take the February 2013 exam. (I work with many repeat bar examinees, most of whom must work full time and are often juggling their bar studies with work and family obligations. Therefore, time is critical and must be managed carefully and effectively. For those of you who work full time, having to repeat the bar exam is particularly challenging. As a result, if you think you might be re-taking the bar exam in February, you may just want to start doing a little studying now).

For those of you who think you may want to study some in the weeks leading up to bar results, stay tuned for advice on what kind of studying you should do, how much, what, etc.

All the best to those of you who are waiting for results for the July 2012 California Bar Exam!

Sincerely,

Lisa Duncanson

Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on October 16, 2012 at 2:46 pm  Comments (5)  
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February 2013 Bar Exam Study Tips: Begin Your Studies Early

Hello Everyone,

If you are taking the February bar exam, then I recommend that you begin (if you have not already begun) your studies now.  It is never too early to start preparing for the bar exam.  If you are in your last semester of law school you are probably busy with your final classes and perhaps looking into or seeking employment opportunities.  While these are both important, you should not delay in preparing for your next major hurdle – that of passing the bar exam.  If you have not already chosen a bar review program, then you had better get going on that very quickly.  Whether you have enrolled in a course or not, I recommend that you begin your studies now.

Here is what I recommend (for first time takers):

1.     Prepare for your bar prep by determining where you will study when you are not in class (will it be your bedroom, an office, a library?  Think about it and make a plan).

2.     Make a list of your best and worst subjects in law school.

3.     Identify your strengths and weaknesses early (for example, do you have trouble with MBEs or with writing?  You ought to know by now which areas you have difficulty with in terms of testing.  This will be important as you will want to devote more time to the areas that present the most trouble).

4.     Set aside time now, each week, to study for the bar.  Your bar class will likely not begin until after you graduate from law school.  However, you should NOT postpone your studies until then.  Instead, begin taking practice mbes so that you can begin to familiarize yourself with the format of the bar exam and re-acquaint yourself with subjects that you have not studied in a long time. if you are currently in law school and about to take the February 2012 bar exam, I recommend that you devote four hours per week during the months of October and November to early bar study.

5.     Begin preparing your family and friends for your upcoming unavailability (see our post about “disconnecting” during bar studies).  Your family and friends know what it has been like to have you in law school.  They certainly remember that you have midterms and finals and that during those few weeks each year that you were probably unavailable or less available.  However, they may not have an appreciation for the battle that is ahead of you when you begin your preparations for the bar exam.  You will do yourself a great service in explaining to everyone now what this process will require.  Let your family and friends know that you will be unavailable once you begin your bar review program.

It is very helpful to prepare those around you for your absence.  I am not suggesting that you don’t talk to anyone at all for two months.  However, if you are serious about passing the bar exam, you will limit your social activity and focus on your studies.  To really have an excellent chance of passing the bar on your first attempt (or any attempt for that matter) you will need to study all day and everyday for two months.  During this two month period of time you will need to take breaks.  BUT, you will not have time to go out several nights a week, to take lots of phone calls, spend copious amounts of time emailing and text messaging and surfing the net.

Stay tuned for more advice in the coming days and weeks.  Also, if you are interested in receiving our free MBE handouts, send us an email at: pass@barnonereview.com

Congratulations to all of you who are about to graduate from law school and good luck to all who are awaiting bar results from the July 2012 bar exam!

Sincerely,

Lisa Duncanson

Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on October 4, 2012 at 3:33 pm  Leave a Comment  
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July 2012 California Bar Exam Predictions – Free Essay Examples

Hello All,

I have had several requests for examples of how Van Camp and Pereira are tested on an essay. Our course materials include over 150 past California bar exam essays. However, my students are also all given extra sample essays for the topic areas that I think are most likely on that particular bar round. My students have our essay books, which provide a solid coverage of the range of essays that can be tested. But, I provide additional essay handouts for some of the areas that appear to be more likely or more probable for each bar round. Again, no one can predict this exam and I certainly do not claim to be able to predict it. I have had some bar rounds where I have come up with as many as 5 out of the 6 essay topics and even the specific sub topic (i.e., predicting defamation, not just Torts). However, this is not something I claim to be able to do every time.

You should be prepared for anything that comes your way and one of the very best ways to do that is to review past bar exam essays.

As anyone who has taken the bar and failed will tell you, simply memorizing the law is not enough. You really need to see how the concepts are tested in the context of the actual exam. If you have not spent a lot of time reviewing essays, then today would be a great day to start – it is never too late to review essays and perhaps stumble upon one or two that  you actually end up seeing on day one or day two of the bar exam. Remember, the California bar examiners repeat the same or nearly identical essays over and over again. Exams from four years ago are seen again all of the time, as are 10 year old exams – negligence is negligence, products liability is products liability, defamation is defamation . . .

My point is that there are only so many ways these topics can be tested. Therefore, reviewing past exams is an excellent way to improve your chances of understanding the issues and addressing the correct issues on exam day. Anything you see today or tomorrow, you will remember on the day of the exam.

Based upon the many requests for further explanation of certain concepts – like how does Van Camp and Pereira play out on a Community Property essay, what is/how do I handle the “primary rights” view (which is a minority and California held view) in Civil Procedure? – I have decided to provide some free essays along with additional study tips for the coming days/hours).

I will be happy to send you a copy of some of the essays that I think either help illustrate these concepts or that I think are worth reviewing right before the exam. In addition, I will be happy to send you tips regarding the coming days/hours.

How do I get the free essays and tips: If you want to receive essays along with additional tips and information about the exam, please send an email to me at: pass@barnonereview.com and include “send me essays & tips” in the subject line. Please include your first and last name and the law school you attended. (I do not release any of this information and never, ever, sell contact information that I receive from students or blog followers. Your information is kept confidential).

Further Predictions for day three: I will continue posting on my blog through the bar exam. After I know what was tested on day one, I will provide my suggestions of areas to focus on for day three’s essays (predictions of sorts). I will make these public on Tuesday afternoon while you are taking the exam. However, in order for me to do so, since I am not sitting for the test, I need to hear from examinees as to what was actually tested. My students will contact me, but, the more I hear from examinees, the more I will know and the more focused I can be about making suggestions for areas to study on day three.

Help me help you: So, if you have a moment, please feel free to email me on Tuesday during your break with your thoughts on what was tested. The more I know, the more I can offer to you.

Hang in there, I know these last few days can be tough, but, be positive and believe in yourself.

Best of luck to all who are taking the bar exam!

Also, I want to thank you all for following the blog, we have had over 10 thousand views in less than a week and the blog has now (as of this past week) received over 200,000 hits.

Thank you so much for the following and for your positive feedback via email – it is greatly appreciated.

Best,

Lisa Duncanson
Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on July 21, 2012 at 12:16 pm  Leave a Comment  
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California Bar Exam Predictions: July 2012 – Part Three

Hell0 All,

So far I have suggested the following topics as possible essay scenarios (please see Parts One and Two below for details): Civil Procedure, Torts (perhaps Products Liability, but, anything is possible – defamation has not been tested in a very long time . . .), Criminal Law/Procedure and Community Property.

Here is a bit more on Civil Procedure (and yes, additional essay “predictions” or essay scenarios):

Civil Procedure (possibly In Personam Jurisdiction – since the last time it was tested was on the February 2006 bar exam – along with other potential issues – Collateral Estoppel and Res Judicata are always testable. And, while I don’t think I mentioned it earlier, Class Actions has been absent for a long time as well). Just know Civil Procedure and, read my prior posts addressing Civil Procedure for more details.

Know all of the topics as well as you can – do NOT predict a subject is NOT going to be on the exam and fail to study that subject. Anyone who tells you that Property can’t be on this exam “because it was tested three bar exam administrations in a row” is flat out wrong. I am not predicting Property, but, you should be ready for it. Anything is possible . . . anything.  So, if you were to get Property, I would expect something that tested easements – perhaps in a land sale contract setting where you have a marketability of title issue (perhaps a general warranty deed discussion, notice and recording acts) or Covenants and Equitable Servitudes. These areas are not complicated. And, you might very well get tested on Property again. It is definitely not out of the question. So, just endeavor to review all that you can, don’t discount any topic and remember the bar examiners do not expect perfection. They do expect you to spot enough issues.

A few words about issue spotting: Your ability to issue spot is very, very important. Think about it . . . how can you be a good lawyer if you are unable to determine what the actual and potential issues are when given a particular set of facts? Your ability to evidence an understanding of the legal problems/issues and resolve these legal problems/issues is far more important than reciting exact rules. Show the graders that you understand the law by identifying the issues, using the facts and analyzing. This is where the points are – in your ability to identify the correct issues (both actual and potential) and apply the law (hopefully a decent definition, but, it does not have to be perfect).

The best way to improve issue spotting: The best way to improve your ability to identify the correct issues on the actual exam is to see how these issues come up in the context of actual past bar exams. I have written about this quite a bit – the value of reading past essays. If you do not know what to do for the remaining days, then spend a significant amount of your time reviewing (not testing yourself – just reading and reviewing) past essays and answers. Anything you read in the coming days you will remember on the actual test days.

Other Essay Possibilities:

Contracts and or Contract Remedies: The last time Contracts was tested was in July 2011. The July 2011 Contracts essay was a common law formation exam with no testing of remedies. While the examiners could very well test all of these same things again (common law formation, defenses to formation etc.), I think that a UCC formation and remedies exam is possible.

Also, take a look at hybrid contracts – where you have an important or significant part of the contract that is clearly a service (and therefore, governed by the Common Law) and another important or significant part of the contract (a moveable, tangible good) that is governed by the UCC. The test to use is the predominant purpose test. However – be aware of the fact that sometimes the examiners will give you a fact pattern that is a hybrid contract - where both parts of the contract (the part governed by the UCC and the part governed by the Common Law) are really both important and significant and therefore you can not simply just choose to apply the Common Law or the UCC – instead, you must treat it as a hybrid contract and apply both. When the examiners are testing you on a hybrid contract you will be given a fact pattern where this is obvious (or fairly obvious). For example, past exams have tested it in this way: Buyer contracts with Seller for the purchase and installation of a large turbine. The cost of the turbine is a majority of the cost of the contract. However, Seller is the only person/company that can install the turbine because it is being installed out in the middle of the Atlantic Ocean.

So, applying the “predominant purpose test” you could go either way (that is what makes it a hybrid contract). For example, if you used the high cost of the good as a way to evaluate the value of the contract and determine that the predominant purpose of the contract was to get the turbine, then the UCC would apply. However, if you recognize that the part of the contract for installation services (while possibly a much lower percentage of the cost of the entire contract) is very significant because the seller is the only person or company that can install the turbine (the good) then there is a good argument that the services are what is most significant about the contract. The key is to recognize that this scenario generates a discussion of how it could be either the Common Law or UCC, that you will address the predominant purpose test and then recognize that in a situation like the above hypo, that they want you to address it as a hybrid contract.

So how would remedies come up in a situation like this? Breach of the contract would result in a remedies discussion – for example Specific Performance to deliver and install the turbine. There would be obvious problems here – feasibility of the court to supervise – for example. But, you would simply address all aspects of Specific Performance and take each required point (inadequate remedy at law . . . etc.) and explain each element – how it is met or how there may be a problem with the element being met – and keep moving through it.

Professional Responsibility (duh . . . but, watch out, maybe not this time . . .). Professional Responsibility is generally a given. However, on occasion, the bar examiners skip Professional Responsibility on the essays and leave it for the Performance Test alone. However, be mindful of how rare this is: out of the past 23 bar administrations, the California bar examiners skipped Professional Responsibility on the essay portion only twice (It was tested 21 out of 23 times – 90% of the time). Still, it was left off twice . . . so this is always a possibility.

Wills or Wills/Trusts - I know Trusts was just tested. But, subjects do repeat. While it is not my first pick of subjects to repeat from the February 2012 bar exam, it is a possibility. I think that either Community Property OR Wills (possible crossed with Trusts, which is very common) could be on this exam. When you look at the statistics either is equally probable. I am leaning a bit more towards Community Property, but, be sure to be prepared for Wills (and of course any topic) as well.

Possible Repeat Subjects: Remember the bar examiners can repeat any topic they wish to repeat – and – they do repeat topics. Property was tested on the past three bar exams – and could be tested yet again. However, of the subjects that I think are possibly most likely to repeat are Evidence and/or Constitutional Law and perhaps Trusts (if you have a Wills exam for example, Trusts could easily come up again in this context). Know your Evidence approach, know how to handle form objections - I could easily see you getting a transcript style Evidence essay or simply getting an essay that asks you about a privilege (for example, marital and spousal privilege could come up as a cross over issue with Criminal Law/Procedure or Community Property. Also, know how to deal with the constitutionality of a state (or federal) statute - a very possible area to be tested would be a state statute – perhaps testing the dormant commerce clause as well as other issues. Always, always, always the bar examiners can retest any of the prior subjects and they have – First Amendment Speech was tested three times, back to back – so anything is possible.

Okay that is it for now. I have received many emails and am doing my best to respond to everyone. There are a couple of questions that have come up repeatedly and so I will likely address these in a blog post (I won’t release your name, just the question).

Keep at it, you are in the home stretch. Above all, stay positive, believe in yourself and in your abilities. This is key. Resolve to be positive and to remain calm. Encourage yourself, reassure yourself, be your own cheer leader.

Best of luck to all who are studying for the bar exam. Please feel free to email me at: pass@barnonereview.com.

Sincerely,

Lisa Duncanson
Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on July 20, 2012 at 1:12 am  Comments (1)  
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California Bar Exam Predictions: Feb 2013 – 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

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.

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 February, 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, 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. Once I have released all of the essay scenarios that I think are likely, I will put together a comprehensive post of all of the predictions (just like I did for the February 2012 bar exam – here is the link to this post: February 2012 bar exam predictions – it is worth taking a look at for some of the areas that I addressed thatdid not come up as these may be more likely now).

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

Last bar round, I felt strongly that Evidence or Constitutional Law could repeat. I felt a slight preference for Evidence and it was in fact slated

Since I released my predictions last time, there is now an expectation that I will provide these again this bar round. I will do this. But, I need to respect my paying students and so I can not simply give out all of my predictions today. (Last bar round, out of respect for my enrolled, paying students, I did not release my “predictions” publicly until the day before the bar exam).

, Trusts, and Corporations would all be on the last bar exam, that Property could repeat and that there would likely be – as usual – a Professional Responsibility essay. So we had a pretty good rate of “predicting” last bar round. By the way, I also felt that Civil Procedure was a possibility. Since Civil Procedure was not tested last bar round, I definitely see it as a real possibility this bar round. Most are predicting Civil Procedure this bar round and so am I.

Since I released my predictions last time, there is now an expectation that I will provide these again this bar round. I will do this. But, I need to respect my paying students and so I can not simply give out all of my predictions today. (Last bar round, out of respect for my enrolled, paying students, I did not release my “predictions” publicly until the day before the bar exam).

 

Civil Procedure: This topic is being predicted by many and is sort of an obvious possibility. Most commonly tested issues in civil procedure are: jurisdiction and collateral estoppel and res judicata. The last time in personam jurisdiction was tested was in 2006. This exam is no longer on the California bar website. Incidentally, that administration tested Personal Jurisdiction (specifically: IPJ with a full minimum contacts analysis) and Collateral Estoppel and Res Judicata. This is a very possible combination. 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. I am leaning more towards an essay that has personal jurisdiction – since it has been since 2006 that the California bar examiners have tested In Personam Jurisdiction. But, anything is possible so be prepared for everything. 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. So while class actions has been absent for many bar rounds, it is still no more likely in my mind, as jurisdiction or Collateral Estoppel and Res Judicata.

Incidentally – 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/Procedure: Criminal Law was tested last on the July 2011 bar exam. However, Criminal Procedure has not been tested since 2010 and neither has a murder exam. (The July 2011 exam tested larceny and other possession crimes but, no murder and no procedural issues). 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.

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.

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 post 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 pretty 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
barnonereview.com

Published in: on July 16, 2012 at 12:52 am  Comments (6)  
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California Bar Exam Tips: July 2012 Bar Exam Predictions are on the way!

Hello all,

I will be posting my “predictions” for the July 2012 bar exam later today.

In addition, I will post tips each day between now and the bar exam. Topics will include: how to study in the final days and hours, likely essay scenarios, as well as quick approaches for some of the possible essay topics.

So be sure to check back here on a regular basis.

Also, I am taking questions, so please feel free to email me if you have a question you would like to ask and I will do my best to answer it for you. You can email me at: pass@barnonereview.com (My enrolled students are my first priority. However, I will do my best to answer any questions that I can between now and the bar exam).

In the mean time, take a look at some of the study plans on this blog. It is very important to have a plan of attack for the remaining days leading up to the exam. While I have provided sample study plans, your plan can vary. It is more important that you have a plan for each day than your following every aspect of the suggested plans on this site. The key is to mix it up – rotate in multiple subjects into your review each day and be sure to spend a significant amount of time reviewing past essays – this is critical. Do not test yourself on these essays – simply read the fact pattern two or three times and then study the answer(s).

This is one of the best ways to prepare in the final days leading up to the bar exam. Most examinees make the mistake of spending all of their time cramming and memorizing the law and end up neglecting the essays. It is so important to see how the issues come up (how the issues are tested) on the California bar exam. No outline will accomplish this for you. And sadly, most examinees spend most of their time in outlines – divorced from the actual exam. My advice to you today and for next 7 days is to review as many past essays as possible. This is how you will improve your issue spotting and handling of the essays on the actual day. Also, it will greatly increase the likelihood that on the bar you will see essays that you have already seen all or part of before. How great would that be? You can make that happen by simply reviewing many essays every day.

Not only will review – right before the actual exam – of past essays improve your chances of spotting the correct issues, this essay review really is a substantive review. By reviewing four Civil Procedure essays in a row, you will have a much better understanding of how to approach the subject if it shows up on the exam. By the way, I am predicting Civil Procedure. This is a fairly obvious pick. Of course, it may or may not be there. But, if it is, it would probably be nice to know that the last time the California bar examiners tested In Personam Jurisdiction (the full minimum contacts analysis) was in 2006. And, this essay is no longer on the California bar exam website . . . interesting. This does not mean that Civil Procedure is a definite for the exam. But, it does mean that personal jurisdiction (specifically in personam jurisdiction) is due. Many things are “due” or “up”. All of this being said – no one can predict this exam. Nor should you direct your studies away from a topic because it isn’t on someone’s list of predicted topics. That would be very, very foolish.

So, read lots and lots of essay exams and answers. This will increase your issue spotting skills, serve as a substantive review that is in the actual context of the exam, and increase the chances of your actually seeing the exact or nearly exact essay or essays on the actual bar exam.

I will post again later today with my thoughts on what I believe is most likely to be tested. Keep in mind that anything can be tested. Do not dismiss any topic. First Amendment Speech was once tested three times back to back. Many other subjects have been tested three times in a row. Anything is possible. However, I will post what I think is more probable and provide essay scenarios of what I believe could come up on this exam.

Be sure to check back here for more and be sure to let others you know who are studying about my blog.

Remember that you can accomplish so much in these final days. This is really the most important time. You will be relying heavily on short term memory, so make certain that you study well in these last days. I am always stunned at how some examinees will say: “If I don’t already know it now, it is too late”. That could not be more untrue. It is NOT too late. Read essays, read essays, read essays!

I wish all who are studying for this exam the very best of luck!

Sincerely,

Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on July 15, 2012 at 12:01 pm  Comments (1)  
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July 2012 California Bar Exam: Free “How to Pass the California Bar Exam Workshop”

Hello All, 

June 2nd will conclude our series of free workshops for this bar round season as we will then need to focus exclusively on our enrolled students.

Our next, and final, “How to Pass the California Bar Exam” workshop will be held tomorrow, Saturday, June 2nd from 10:00 am until 12:30 pm in the city of Orange. This workshop will be taught by Lisa Duncanson (the author of this blog).

Workshop attendees will receive free handouts (including selected Bar Exam Writing Templates). Space is limited, but, at the moment there is still room in our morning workshop. To reserve your space, contact us at: (949) 891-8831 or via email at: pass@barnonereview.com

Note: if you wish to reserve a space this evening or early tomorrow morning, please send us an email and we will get back to you.

All the best to all who are studying for the July 2012 Bar Exam!

barnonereview.com

Published in: on June 1, 2012 at 8:54 pm  Leave a Comment  
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