Bar Exam Tip: Bar Exam Predictions, Criminal Law Murder

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Hello Everyone,

Thank you again for following the blog. We are almost at 700,00 site visits, so thank you!

I have not yet released my predictions publicly, but I will. Please understand that my enrolled students get access to the predictions first. Our last Bar Exam Cram Session on July 18th and 19th will be the last time we release predictions in our classroom setting. At that point all of our students will have my predictions. Once our students have had an opportunity to have the predictions, I will begin releasing these publicly on the site. It will likely be (as always) the week before the bar exam. For more information about our last Bar Exam Cram Session, click here, we still have some spots left.

In the meantime, however, I wanted to post an approach for Criminal Law Murder. I personally think that Criminal Law Murder is due. While Criminal Law has been tested several times in recent years (including showing up back to back on two consecutive bar rounds), the bar examiners have not tested Criminal Law Murder in several years. So, I think it is safe to say that it is coming soon.

First, a few words about my “predictions” . . .

I can not predict what will be on the bar exam. I have had a lot of luck in making the predictions that I make. I am glad of that. I spend a great deal of time reviewing several years of past exams and put in a lot of effort to come up with these predictions. However, no one can predict the bar exam. And, whatever you hear about predictions, you should NOT study based upon predictions. That being said, I think it is helpful to think about possible essay scenarios that might be a bit more likely to show up on the bar exam because these areas have not been tested in some time.

Also, understand – my theory and philosophy towards the bar exam is to be ready for anything – I firmly believe that is the best way to prepare. So, whether or not Criminal Law Murder shows up on the bar exam this July 2015, you want to walk into the bar exam prepared to write a Criminal Law Murder Essay. That is how you want to prepare for the bar exam.

The following is from an earlier post that I wrote covering the basic murder approach that we have seen traditionally embraced by the California bar examiners. You may have come across this post earlier if you have been searching through older posts. If so, this will be familiar to you – either way it is a good refresher.

Incidentally, if murder were to show up on the exam on day one or day three of the July 2015 bar exam, then I would not be surprised if it were crossed over with some of the lesser tested areas of Criminal Procedure. We have not seen any 8th Amendment issues in some time (see the “Free Stuff” page for a free download of an exam template for this area) and we also have not seen much testing of the 6th Amendment areas of void dire (peremptory challenges, right to an impartial jury, etc.). So these areas could easily be tested this bar round. Evidence is also an area that can repeat and sometimes we see it as a cross-over with Criminal Law, Criminal Procedure (and if you read my post from a few days ago – we have seen it tested with Wills and Community Property as a cross over with marital and spousal privileges).

It is this simple – as I have always maintained over the many years of writing this blog – the bar examiners can test anything on any bar exam round. I do not say this to send you into a panic. It is simply true. As a result, there will be topics that you are hoping for and there will probably be a few you hope not to get – that is the nature of the bar exam. But, you can do it, do NOT give up no matter what you see on the exam. And, remember, you have time to prepare adequately.

The bar exam is still weeks away. I know it does not seem like much time. But, if you use it effectively, then you can absolutely prepare in time. Our students in our last Bar Exam Cram Session generally come in without any approaches to the bar exam and yet, they are able to take the approaches we provide in class and memorize these and write the bar exam using these approaches. So, you have time now to start working on these things. I had to come up with my own approaches to the essays because the commercial bar prep companies at that time were not providing essay approaches. In fact, they still don’t. If I can come up with my own, you can too. Take control over your own bar studies and make certain you prepare from here on forward in such a way that you will know how to write any essay that you face. And, remember you should prepare for every topic, because any topic could come up.

YOU NEED TO HAVE AN APPROACH FOR EACH TOPIC

As a bar taker you will undoubtedly walk into the bar exam and have a very good grasp of the rules for Murder. However, it is very important that you are able to make your way through all of the necessary points efficiently and in a manner that the grader will recognize as a passing or above passing answer. This requires an essay approach. You should walk into the bar exam with approaches to every topic (each bar subject has either one approach or several. For example, Contracts really only has one approach – the approach for Contracts is essentially the same regardless of the Contracts essay, the only differences being whether you write on the Common Law of Contracts only or if you have a UCC exam. On the other hand, Torts has several approaches – a defamation approach, a products liability approach, a negligence approach a torts/remedies approach and a miscellaneous torts approach. I will do my best to write more on these topics as I have time).

DO YOU KNOW HOW TO START WRITING AN ESSAY

My point is that there is a lot you can do to effectively prepare for the bar exam now so that on exam day you know exactly what to do, what to write, how to start your essay, etc.. You should NOT be trying to figure this out on exam day. If you are in that position, you are likely to fail. So please take it upon yourself to prepare NOW for these situations. You know that you are going to have to write essays – so figure out ahead of time how you will start each topic.

Here is a quick, basic essay approach for murder. (Note that you should use a lot of headings and have a physical structure that evidences your approach – this will give the graders a sense that you actually know what you are talking about and it will make your essay far more appealing to read, it will appear organized and it will make it easier for you to write your answer because you have an approach).

APPROACH FOR HANDLING A CRIMINAL LAW MURDER QUESTION

First address: Common Law Murder – Common Law Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought is proven four ways: 1) intent to kill, 2) intent to inflict great bodily injury, 3) depraved heart killings, and 4) felony murder.

(Address the above and then if you have a felony murder issue, prove up the underlying felony (BARRKS – Burglary, Arson, Robbery, Rape, Kidnapping or Sodomy – incidentally, if this area is tested, the examiners may not test one of the above common law inherently dangerous felonies – watch out for a dangerous felony like drug trafficking or another dangerous (but not enumerated as a FMR felony) felony – it forces you to reach a bit and explain that the prosecutor could charge the defendant for felony murder on the basis that it was an inherently dangerous felony, but not a common law enumerated (BARRKS) felony)

Then move onto:

Statutory Degrees of Murder

First Degree Murder: First degree murder is the intentional killing with malice aforethought, premeditation and deliberation. (here do not spend all day on defining or explaining premeditation or deliberation – it either was premeditated and deliberate (lying in wait, planned, thought out etc.) or it wasn’t – address the issue and conclude and move on).

Second Degree Murder (here is the quick way: “all murders that are not first degree are second degree unless mitigated down to some form of manslaughter”).

Manslaughter

There are two types of manslaughter (Voluntary and Involuntary). If you know right away that the facts support a heat of passion killing, then address that first under Manslaughter as: Voluntary Manslaughter. (By the way, anytime there is a fight that results in a death – you should address heat of passion/voluntary manslaughter)

Voluntary Manslaughter: is a killing that would be murder but for the existence of adequate provocation and insufficient cooling time. (there are elements here that you could develop, but, the reality is that if you have a cross over exam and it involves a full murder discussion – from common law murder to manslaughter, then you simply do not have a lot of time. So spend your time focusing on whether what happened would arouse the passions of reasonable person to kill AND whether or not the person did not have time to cool).

Involuntary Manslaughter: A killing is involuntary manslaughter if it was committed with criminal negligence or during the commission of an unlawful act.

There is also the concept of Misdemeanor Manslaughter Rule – it is simply an accidental killing that occurs while the defendant is engaged in a non-dangerous felony or misdemeanor.

Obviously there are defenses like: Intoxication, Insanity (know the four tests as best you can – this has not been tested in years), self defense, defense of others etc. that can all word to either relieve the defendant of liability for common law murder and reduce the crime down to some form of manslaughter. Keep in mind the above is a basic approach. But, sometimes that is really the best thing to have in your head on the day of the exam. You should have a framework or basic approach and then allow yourself the freedom to write your answer based on the particular fact pattern you face.

Thank you again for following the blog!

Lisa Duncanson

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

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

 

 

Fourth, Fifth and Eighth Amendment Approaches

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Hello All,

This may be my last post this evening. I noticed that several people were searching this blog for Criminal Procedure. In the past, I have given away several excerpts from our Criminal Procedure Bar Exam Writing Templates. These are still available on this blog, but you would have to search for it. So, I thought I would post links to our 4th, 5th and 8th Amendment Exam Writing Templates. You can download each below:

Fourth Amendment Exam Writing Template/Approach

Fifth Amendment Exam Writing Template/Approach

Eighth Amendment Exam Writing Template/Approach

Wishing you all the best of luck tomorrow!

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

Bar Exam: Criminal Law Murder Approach

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Hello Everyone,

I mentioned that murder might be on the exam. It has been absent for some time and would seem to be due. Of course, anything is possible. But, since murder has not been tested in a very long time. it would be a good idea to be prepared for it. As a bar taker you undoubtedly have a very good grasp of the rules for Murder. However, it is very important that you are able to make your way through all of the necessary points efficiently and in a manner that the grader will recognize as a passing or above passing answer.

Here is a quick, basic essay approach for murder. (Note that you should use a lot of headings and have a physical structure that evidences your approach – this will give the graders a sense that you actually know what you are talking about and it will make your essay far more appealing to read, it will appear organized and it will make it easier for you to write your answer because you have an approach).

Approach for handling a murder question:

Address: Common Law Murder – Common Law Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought is proven four ways: 1) intent to kill, 2) intent to inflict great bodily injury, 3) depraved heart killings, and 4) felony murder.

(Address the above and then if you have a felony murder issue, prove up the underlying felony (BARRKS – Burglary, Arson, Robbery, Rape, Kidnapping or Sodomy – incidentally, if this area is tested, the examiners may not test one of the above common law inherently dangerous felonies – watch out for a dangerous felony like drug trafficking or another dangerous (but not enumerated as a FMR felony) felony – it forces you to reach a bit and explain that the prosecutor could charge the defendant for felony murder on the basis that it was an inherently dangerous felony, but not a common law enumerated (BARRKS) felony)

Then move onto:

Statutory Degrees of Murder

First Degree Murder: First degree murder is the intentional killing with malice aforethought, premeditation and deliberation. (here do not spend all day on defining or explaining premeditation or deliberation – it either was premeditated and deliberate (lying in wait, planned, thought out etc.) or it wasn’t – address the issue and conclude and move on).

Second Degree Murder (here is the quick way: “all murders that are not first degree are second degree unless mitigated down to some form of manslaughter”).

Manslaughter

There are two types of manslaughter (Voluntary and Involuntary). If you know right away that the facts support a heat of passion killing, then address that first under Manslaughter as: Voluntary Manslaughter. (By the way, anytime there is a fight that results in a death – you should address heat of passion/voluntary manslaughter)

Voluntary Manslaughter: is a killing that would be murder but for the existence of adequate provocation and insufficient cooling time. (there are elements here that you could develop, but, the reality is that if you have a cross over exam and it involves a full murder discussion – from common law murder to manslaughter, then you simply do not have a lot of time. So spend your time focusing on whether what happened would arouse the passions of reasonable person to kill AND whether or not the person did not have time to cool).

Involuntary Manslaughter: A killing is involuntary manslaughter if it was committed with criminal negligence or during the commission of an unlawful act.

There is also the concept of Misdemeanor Manslaughter Rule – it is simply an accidental killing that occurs while the defendant is engaged in a non-dangerous felony or misdemeanor.

Obviously there are defenses like: Intoxication, Insanity (know the four tests as best you can), self defense, defense of others etc. that can all word to either relieve the defendant of liability for common law murder and reduce the crime down to some form of manslaughter. Keep in mind the above is a basic approach. But, sometimes that is really the best thing to have in your head on the day of the exam. You should have a framework or basic approach and then allow yourself the freedom to write your answer based on the particular fact pattern you face.

If you were to get a murder essay, I am thinking it could be in the context of Criminal Procedure (specifically in the context of the 8th Amendment and/or 6th Amendment).

Best of luck to you all!

Lisa Duncanson

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

July 2014 Bar Exam Predictions: More Final Thoughts and Best of Luck to You!

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Hello All,

All the best to everyone taking the bar exam tomorrow! Remember to stay positive and focus on doing your best, you can do it!

There is still time to join our July 2014 Bar Exam Tips List:

Each bar round I pick a test location and meet up with my students after day one of the bar exam. During this meeting I go over my revised essay predictions for day three (based upon what was tested on day one’s essay) and provide tips on where to focus your studies for day three of the exam.

I also provide an email version of this that I make available to my enrolled students who are at other test locations. This year, I will also make this available to blog followers. If you would like to receive this information, you can join our list here:

Please be sure to select “yes” or “no” in the drop down menus below and click on the “submit” button at the bottom of the form to be added to our list. Be sure to see more exam tips below this form.

Ontario Test Location Bar Exam Meetup:

If you would like to attend our Ontario Bar Exam Meet Up, we have a few spaces available. Send an email to me at: barexamguru@yahoo.com and we will get back to you on a first come, first served basis.  

Okay, and now a few more exam tips list: Areas that I have not mentioned outside of my class sessions include: the tracing rules (from Remedies – First in, First Out, Lowest Intermediate Balance Rule, Replenishment Theory) and Fifth Amendment Takings (specifically what is known as a “Regulatory Taking”). These two areas have not shown up in some time on the bar exam.

If you were to have the tracing rules tested, you would have an essay with a commingled bank account. If you were to be tested in the area of Regulatory Takings you would have a regulation that took away (limited, decreased, etc.) some use of the land. Past exams have included: an ordinance that provided the public the right to picket on private property and also statutes that limited land development due to a need to protect the habitat of an endangered species. If you were to see something like this, you would need to address the Fifth Amendment Taking issue and explain that while the statute or ordinance does not amount to an “actual physical taking”, the landowner may have a claim under a regulatory taking theory (this still allows for “just compensation”).

A little more on Property . . .

Property – As I mentioned in an earlier post, Property could repeat on the July 2014 bar exam (it was tested on the February 2014 bar exam). So if Property is tested tomorrow or on Thursday, what might likely show up? Well, Landlord/Tenant is one of the most commonly tested areas of Property. So, that is always fair game. However, Easements (it has not been tested in quite some time) is very possible (either alone or in a possible land sale contract setting or even with Landlord/Tenant). And as I mentioned in an earlier post, Covenants and Equitable Servitudes are possible.

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? (this should be a very short discussion)

2. Is the Easement affirmative or negative easement? (this should be a very short discussion)

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?

5. 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 (actual notice, inquiry notice and constructive notice) and potentially recording act statutes and 2) a potential Warranty Deed discussion where you discuss the present and future covenants (six total).

**Incidentally, I think that an essay involving an Easement is just as likely an essay testing scenario in Property as is a straight Covenants/Equitable Servitudes essay.

Further Predictions for day three: I will continue posting on my blog through the bar exam (but, to get the complete inside view, please sign up for our tips list). After I know what was tested on day one, I will provide my suggestions of areas to focus on for day three’s essays (revised predictions for day three’s essays). 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 examinees I hear from, 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. I can be reached via email at: barexamguru@yahoo.com

Hang in there, I know these last hours can be tough, but, be positive and believe in yourself!

Best of luck to all who are taking the bar exam! Thank you for the following and for your positive feedback via email – it is greatly appreciated, I love hearing from you!

Lisa Duncanson

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

Bar Exam Predictions: July 2014 Bar Exam Part One

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Hello Everyone,

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. It is quite humbling and is truly an honor to have this reach into bar examinees’s lives and to be able offer some support and advice for free. It is one of my favorite things to do.

WHAT TO EXPECT FROM ME: I will post predictions here today and additional thoughts about predictions through the weekend. I will also post an update after day one of the bar exam, but this will be limited to thoughts about what might be on day three’s essays based upon day one’s essays. My “predictions” are really just possible essay scenarios that I think are a bit more likely on this bar round. Always, my enrolled students needs must come first. But, I will continue to post here as often as I can up through the bar exam.

WHAT SHOULD YOU DO WITH THIS INFORMATION? The point of making predictions is not to tell you that you should study these areas exclusively. It is simply intended as some guidance for what might show up and should it show up, the fact that you have given these areas a little bit of extra thought will feel very good on exam day. If you are weak in any of these areas, then it especially deserves some extra treatment. If you are weak in an area that is not on my list – you NEED to give that area extra attention. Do not assume something will not be on the bar exam. ANYTHING can be tested on the essays and you should have prepared with that in mind. Anyone who tells you something is not going to be tested is ignorant of what the bar exam in California is like – topics repeat back to back on multiple bar rounds – so do not discount any topic.

CAVEAT: NO ONE CAN PREDICT WHAT WILL BE TESTED ON THE BAR EXAM. 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.  I do not recommend that someone conduct their studies around predictions. However, I do think it is helpful to focus a little extra time on some of the areas that might be a bit more likely to show up on the bar exam – especially if any of these topics are areas that are weaker areas for you. So with that in mind here are some of my thoughts on what could be tested on the July 2014 bar exam . . .

Criminal Law – Murder, crossed with Criminal Procedure: Make sure you know your essay approach for murder – murder has not been tested in a very long time and it would make for a nice cross over with Criminal Procedure. Criminal Law and Criminal Procedure were not on the February 2014 bar exam. And prior to that, testing of Criminal Law has focused on the theft crimes and it has been an unusually long time since the bar examiners have tested murder. It is due for testing.

Business Organizations – I think Business Organizations is fairly likely. One possible scenario could include a cross-over with Professional Responsibility. Other potential ares include federal securities law (10b5 and 16b) as this area has not been tested in a very long time. However, more typical for testing in Business Organizations are: the areas of duties (duty of care owed by officers and directors and the defense of the business judgment rule and duty of loyalty), usurping corporate opportunity, ultra vires acts and what is required to bring a shareholder derivative suit. Be sure to know rules regarding “fundamental corporate changes” and what types of things amount to a fundamental corporate change requiring shareholder approval. What has yet to be tested is the area of “winding up” (or dissolution) of a partnership, be sure to know these rules as well.

Evidence (perhaps – finally – a transcript style essay). Evidence was tested heavily on the Performance Test in February 2014. However, it was not tested on the essay section of the bar exam and appears to be “due” . . . that being said, no one can predict the bar exam. I would, however, make sure that you know your form objections so that you are prepared for writing an Evidence Transcript style essay should you see one of these on the exam next week. Evidence is usually a race horse exam and requires you to move through many issues quickly. Equally likely, in my opinion, would be a Criminal Law/Procedure essay that is crossed with an Evidence issue. In past bar rounds the bar examiners have combined Wills/Community Property, and Evidence all into one essay exam. This sounds like a nightmare, but in actuality it is not bad at all. When an essay exam tests multiple subjects like this, the calls are usually made very clear for you. For example, in the Wills context, the bar examiners have tested Spousal and Marital Communications Privilege and when they did, the call of the question for the Evidence issue went like this: “Is the communication between Hal and Wilma privileged?” So, you see, that isn’t that bad – a call like this clearly directs you to address the only kind of privilege that Hal and Wilma could have (as a married couple).

Property – Covenants & Equitable Servitudes (I will write more on this soon).

Professional Responsibility (as you know Professional Responsibility is generally always tested on the essay section every bar round). Take a look at my predictions from February 2014 bar exam – you will note that I suggested that you could see a professional responsibility fact pattern that straddles corporations or in the criminal law context (it was tested in the criminal law context last time and could repeat that way again this time or may show up in the context of business organizations – for example, a lawyer who is representing a corporation and the specific issues that come up in that context. This did not show up on the last bar exam and as a result I feel it is a bit more likely).

Wills/Trusts I think is just about as likely for testing as Business Organizations. I am leaning towards perhaps a Trust formation issue somewhere on the exam. Again, these are my thoughts based upon my studies of the test over many years. This is not a sure thing at all – you should assume that anything could be tested.

Constitutional Law could repeat and if it does: be on the look out for a fact pattern involving state taxation of interstate commerce. First Amendment was tested last time (mostly religion, but also speech). The First Amendment is heavily tested on the bar exam, this could repeat, so be sure to know your First Amendment Speech approach.

Continue reading below this form for more predictions . . . 

For more insights, join our Bar Exam Tips and Predictions Email List and receive a free copy of our Evidence Handout, complete the form below:

Be sure to select “yes” or “no” in the drop down menus below and click on the “submit” button at the bottom of the form to be added to our list.

Note: This handout will be available until July 31, 2014.

Your contact information is safe – we do not share, or sell your information. Okay, back to possible areas of testing . . .

Civil Procedure could repeat: This topic was on the last bar exam and I think it could repeat. Remember, any topic can show up back to back on consecutive bar exams. You need to expect that – better yet – be prepared for any topic. So, if Civil Procedure were to repeat, what is perhaps the most likely? Well, the most commonly tested issues in civil procedure are jurisdictional issues (Personal Jurisdiction, Subject Matter Jurisdiction) as well as venue (generally always a very short issue in terms of how much time you should spend on it), removal (also a very short issue coverage) and collateral estoppel and res judicata. The last bar exam tested subject matter jurisdiction as well as final judgment rule and interlocutory appeals.

So, what specifically do I think could come up in Civil Procedure? Always Personal Jurisdiction and Subject Matter Jurisdiction are likely – since these areas are historical favorites for testing on the California bar exam. I think it is perhaps a bit more likely you might see personal jurisdiction over subject matter jurisdiction, but truly anything is fair game. Make sure you know personal jurisdiction (minimum contacts analysis) in case this is tested.

If Civil Procedure is tested again, what about California Civil Procedure?

There are some areas that we just have not seen tested in a while (and many of these areas actually have a Federal/CA distinction).  These areas – that have been tested heavily historically – but have not been tested recently – are where I am leaning a bit more heavily for this bar round in the event that Civil Procedure repeats in July.

The areas that I feel are particularly due include: Collateral Estoppel and Res Judicata (one of my first picks if you were to have Civil Procedure on this bar exam) and the possible tack on type issues of: Notice and Code Pleading and/or Remittitur and Additur. See more detail below:

Pleading issues – like Notice and Code Pleading – would not require a long discussion, but it is tested often and does include a Federal/CA distinction. Federal Courts utilize Notice Pleading and California follows Code (or what is also referred to as “Fact” pleading). Another tack on area (by tack on – I mean it is typically a shorter issue on your essay exam, not something that can make a full one hour essay) that I could imagine might be on this next bar exam is the concept of remitittur and additur. But, recognize that these “tack on” type issues of Notice/Code Pleading and Remittitur/Additur are typically short issues.

What about Supplemental Jurisdiction? Sure, it can always be tested. BUT, 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.

What about Class Actions? 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, Supplemental Jurisdiction) and Collateral Estoppel and Res Judicata the absence of Class Actions does not necessarily mean it is coming. 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. But, if you were to see a class actions issue, it is easy. Simply know the requirements, state each and address each separately (using separate headings for each requirement).

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 claim preclusion.

Okay, enough said about Civil Procedure! It may or may not show up, but if it does, I hope this post helps you.

I will post more thoughts on possible areas for testing very 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.

All the best,

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

Free “How to Pass the California Bar Exam” Workshop for the July 2014 Bar Exam

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We are having one more free, “How to Pass the California Bar Exam Workshop” for the July 2014 Bar Exam.

When: Tuesday, June 3rd from 7:00 pm to 9:30 pm

Where: Los Angeles, California*

Our workshops fill up quickly. Reservations are on a first-come, first-served basis. This workshop is free and includes free bar exam templates. Space is limited.

Click here to make your reservation

All the best to everyone studying for the July 2014 bar exam!

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