California Bar Exam – The Bar Exam Cram Sheets – Excerpts

Hello All,

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

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

Wishing everyone the very best in their studies!

 

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Evidence Bar Exam Cram Sheet Preview

 

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

Bar Exam “Predictions” – Part Three

Hello All,

By now you have completed day two of the California bar exam! Congratulations on all of your hard work! You are nearly done!

I promised to write more about what to expect for tomorrow and to provide some advice on how to prepare this evening.

First, any topic can be tested. That being said, there are some subjects that seem to be more likely than others. I still stand by the predictions I have released to date – so I please review my previous posts (links to my earlier “predictions” are below). You will see that so far three of the areas that I have suggested were tested on day one.  Review my earlier posts below (“predictions – part one” and “predictions – part two”).  Also, bear in mind that often the bar examiners will test a full blown Professional Responsibility essay on day one and then repeat it again as a cross-over on one of the essays on day three. This is not unusual at all.

Predictions – Part One

Predictions – Part Two

When you go back and read the two earlier posts (links to each above) you will see that I have suggested Evidence and Property (I belive there is almost an equal likelihood that either could show up – with just a slightly higher preference towards Evidence being more likely) AND that either Civil Procedure or Criminal Law (specifically murder + Criminal Procedure or Criminal Procedure alone) could show up tomorrow. The bar examiners have tested the same subject on three bar rounds, back to back. Civil Procedure has been tested three times back to back in the past and so has Criminal Law. Either could show up tomorrow – so be ready for it. For a free approach handout for Evidence, see my earlier post below – fill out the form and we will send you the approach and additional tips via email :)

With respect to Criminal Law – murder has not shown up in a while. The last two bar exams both tested Criminal Law (but focused on possession crimes like larceny, embezzlement on the July 2012 exam and accomplice liability on the February 2013 bar exam). Neither exam tested any Criminal Procedure and neither tested murder. Therefore, I would most definitely review the murder approach (for a 10 minute coverage of a basic murder approach, click here and scroll down the page just a little and you will see a video of yours truly). Bear in mind this is a brief approach – but it does give you something to work with. We also have released portions of our Criminal Procedure Exam Writing Template on the Bar None Review website – you can download the exam writing templates for the 4th and 5th Amendments here and you can download our 8th Amendment Exam Writing Template here

I could absolutely envision and essay that tested both murder and either the 4th and 5th Amendments (this is one of the most common ways to see a cross over in Criminal Law and Criminal Procedure. However, another option – that has not shown up in some time – is the following scenario:

A murder exam (where you have to develop a murder discussion – this includes common law murder, which is a killing committed with malice aforethought, malice aforethought is proven four ways – you need to list all four and apply one or two, then address the statutory degrees of murder – first or second, address whether there is a basis for manslaughter – voluntary or involuntary and of course apply any available defenses – ALSO – be sure to follow the call(s) of the question as this may change your order or organization) plus 6th Amendment peremptory challenges or other jury issues and 8th Amendment capital punishment (review the 8th Amendment Exam Writing Template – see link above – for how to address this issue). These areas have been tested together on multiple occasions – but not in some time. As a result, I think it is due – at some point.

Other things to consider: Regardless of what anyone thinks is going to be on the exam, you need to be prepared for essentially any topic. It never hurts to spend a little extra time on areas that seem to be more likely than others. BUT, be sure to spend time on any area(s) that you feel are your weak areas. This is critical. The last thing you want to see is the subject you are least prepared for showing up tomorrow. Therefore, spend some time reviewing whatever subject you would consider being your “worst nightmare” and that way, if it does show up on the essays – you will be better prepared for it.

IF CIVIL PROCEDURE shows up tomorrow . . . I mentioned above, and in earlier posts, that Civil Procedure was a possibility. Civil Procedure has been a three-peater in the past – so it certainly could show up tomorrow. If it does, Collateral Estoppel and Res Judicata are areas that I think are likely. I say this for a couple of reasons: 1) Collateral Estoppel and Res Judicata have not been tested in a while, and 2) there is a California distinction that is testable – the Minority, Primary Rights Rule – it is worth a mention if you get an exam in this area. And, the Primary Rights Rule has been tested for years – well before the California bar examiners added California Civil Procedure. Class actions has also not been tested in some time. And, to date, the bar examiners have yet to test the concept of a “demurrer” or the responsive pleading available in California known as an “anti-slap suit” (note: an “anti-slap suit” is not a suit – it is a special motion that a party can file in response to a claim that is viewed as a SLAP Suit – an example of this would be something like this: plaintiff files a law suit against defendant for defamation and seeks (and obtains) a preliminary injunction to stop the plaintiff from publishing a newspaper (the subject of which Plaintiff claims contains defamatory material). In California the defendant can answer the complaint, can demurrer to the complaint or could file what is called an anti-slapp motion (or suit). This latter option would be on the basis that the original law suit was intended to harass the defendant and to prevent the defendant from doing something they were legally allowed to do (for example, exercise their right to speech).

Okay, I think this is enough for now . . . :)

I wish you all the very, very best of luck tomorrow. Trust your instincts and write, write, write!

If you have found this blog helpful and wish to make a donation, you can do so here:

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Remember to stay positive and to believe in yourself!

Best of luck to you all!

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

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

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

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

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

A few caveats about my “predictions” . . . 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California State Bar Exam Releases Answers to February 2013 Bar Essays

Hello everyone,

The California bar has released their “selected answers” to the February 2013 bar exam.

You can view and download the February 2013 released answers here.

All the best to all who are studying for the July 2013 bar exam!

California Bar Exam Predictions: February 2013 – Part Two

Hello Everyone,

Thank you for following my blog and for your kind words and emails. Okay, so here we are (here you are) about to take the bar exam in a few days. And there is so much to know . . . and it might seem like there isn’t enough time to know it all . . .

You should know that everyone feels this way. I felt this way before the bar exam when I took it (and passed it) and everyone I know who has passed the exam feels this way leading up to the exam. So, before I get into more “predictions” (and the caveat about how there is absolutely no way that anyone can “predict” the essay topics) I wanted to give you some advice about how to approach the weekend.

1) Actively work at being calm. It is perfectly normal for bar examinees to go into panic mode. While it is normal, it is not helpful. Therefore, you simply have to keep your level of panic and anxiety under control – I tell my students to actively concentrate on being calm while they study and to constantly tell themselves (especially in these final days leading up to the exam) that they can do it.

2) Be realistic. Understand that no one walks into the bar exam knowing everything and, thankfully, that is not what is required of you to pass. Instead, your focus should be on identifying and resolving the legal issues and problems presented by each fact pattern. All too often, examinees lose sight of this and think that the exam is about having an absolutely perfect memory of definitions and rules. Take a look at any released bar exam answer and you will know that this is not true. Of course, it is important to know the law and to have the ability to write proper rule statements. But, far more important than perfect rule statements is to be able to show the graders that you truly understand the legal concepts that are being tested and that you can resolve these issues by having a solid discussion (using the facts and explaining why something is or is not . . . something). This is the key – to identify and resolve legal issues and to do so consistently.

Some of the released answers are flat out wrong when it comes to the definitions. However, what the released answers evidence consistently is that the examinee has a breadth of knowledge about the subject and that they have a command of what the legal issues/problems are presented by the fact pattern. Therefore, you should . . . READ ESSAYS (see number 3, below):

3) Read past bar exam essays and answers. I know that I have emphasized this before many times. But, you may not see the benefit of reading essays right now, on Friday or on Saturday, for example. I know the temptation is to simply stick to your memorization (and this is certainly something that you should spend time on). However, if you can not identify the issue on the fact pattern – your memorization of an outline will be of little service to you. So, to that end, please take time out to review essays and to especially study the answers (this is often the only way to truly gain an understanding of how the issues and legal problems come up on the California bar exam).

Okay . . . “predictions”

So I have mentioned that I think Civil Procedure could repeat and that Criminal Law and Procedure could  repeat. And, I believe I already suggested that you take a look at Property Easements as well as Torts (with Products Liability being a possibility as well as a Tort/Remedies crossover – remember, however, that whenever a subject has been absent from the test for a while – as Torts has – that virtually anything could be tested within the topic – so do not skip Defamation – that is certainly a possibility).

If you would like to see some past exams and receive other tips, I will be happy to put you on our email list for tips – simply send me an email to: pass@barnonereview.com and indicate: “Send me bar exam tips” in the subject line and I will add you to our list.

Okay, now onto . . .

Other Possible Areas for Testing:

Constitutional Law: Constitutional Law was not tested on the last bar round. Now, that on its own is not enough to simply put it on the table so to speak. However, I do think it is a real possibility. But, this whole exam is not usually made up of all six essays from the MBE topics. So, something has to (in my opinion) come into the mix other than the MBE subjects being tested on the essays. Still Constitutional Law I think is a real possibility. First Amendment was tested last time (in February 2012). Now that does not mean that the First Amendment will not be tested again this time. However, I do have some thoughts on what I think might be a bit more likely. Just also keep in mind, the First Amendment is a favorite and is tested heavily – so do not presume it will not be on the test.

Possible Constitutional Law Essay Scenario: Evaluating the Constitutionality of a state or federal statute. Now this is a broad area as it could involve Equal Protection, Fundamental Rights (Privacy is a typical hot topic) and Due Process and either the Commerce Clause or Dormant Commerce Clause. And, of course whenever you are facing a Constitutional Law exam, you will typically begin your answer (but, pay attention to the call of the question) with an “Article III, Case or Controversy Requirements” discussion and State Action (both must be present to make a Constitutional claim). So, you might be thinking, she just predicted the possibility of virtually everything within Constitutional Law. Not really. If you have to evaluate the Constitutionality of a state statute – you will handle certain things in a certain order (unless directed otherwise by the call or calls of the question). For example, if you have to determine the Constitutionality of a state statute you will likely go about it in this order:

1) State Action (prove this up quickly – it is a preliminary issue generally – unless the facts really pose it as an issue – for example, a company town or a private entity performing some service or business that is generally conducted by the government – if you have facts like that, then develop this area, if not, then prove it up and move on)

2) Article III Case or Controversy Requirements (Standing – actual injury or personal stake in the outcome, causation, and redress ability (also, could be tested on third party standing or associational standing or the exception to the general rule that there is not “taxpayer standing” – but only bring these up if the facts generate it), the issue must be ripenot moot, and must not involve a political question)

3) Is there an issue with respect to 11th Amendment Immunity?  This is generally a very quick discussion – but worth points to bring up IF you are dealing with a state statute (but, don’t dismiss the whole Constitutional Claim because of the 11th Amendment – it is just an area to bring up, address quickly and move on).

4) Does the state have the power to act? There will generally be a basis here and you should identify the state’s power as stemming from the 10th Amendment (certain powers are reserved to the states via the 10 Amendment – health, welfare, safety, education and morals)

5) Are there any pre-emption issues? Be careful here – there does not necessarily have to be a federal law provided to you on the fact pattern in order for preemption to be an issue (Supremacy Clause issue). Watch out for situations where the state is regulating the radio or television – if so – the FCC regulates this area and you then need to address the possibility that the state regulation is preempted by federal law.

6) Does the state law place an undue burden on interstate commerce? (this may or may not be an issue – it is simply a question you should ask yourself so that you are able to generate the issue, spot it, if it is present). If the state law discriminates between out-of-staters and in-staters (for example, a tax on all trucks coming in from out of state to deliver milk in plastic milk containers or a tax on all large trucks of a certain size and many of these trucks travel across the US) then you likely have an issue to discuss here.

7) Does the state law violate the Constitution? Here you should ask yourself whether or not there is an Equal Protection violation (it may be obvious and it may not be – hence, the reason to ask yourself). Also ask whether there is a Due Process violation (address both Procedural Due Process and Substantive Due Process and note that your discussion of Procedural Due Process on an essay exam is usually limited to notice and an opportunity to be heard . . . usually) and of course look to see whether there is a First Amendment violation (infringement on speech, the freedom of association or Religion – both free exercise and establishment clause. Also note: if you were tested on religion, you should discuss both Free Exercise and Establishment Clause – these come up together)

Possible Community Property Scenario:  You may not want to hear this, but Van Camp and Pereira have not been tested in a while (these are the tests – or “accounting methods” for value enhanced separate property businesses). If this concept makes your eyes roll into the back of your head – take a deep breath and calm down. Remember that these tests are to determine what portion of a separate property business should be considered community property. It is not too much more complicated than that (for bar exam purposes). Review these tests, know which favors community property and which favors separate property – try your best to keep these tests straight – don’t worry – you can rely on short term memory for this. Also, remember that you should generally talk about both if either seems to be tested. It may be that the fact pattern (assuming you get a Community Property fact pattern that tests this area) where Van Camp seems to be the more applicable test. That is fine, write about it and still explain Pereira and quickly explain what the result would be if the court were to apply Pereira – remember, you are trying to show the grader your breadth of knowledge).

Okay, I will write more tomorrow.

Keep reading essays and stay positive!

All the best to you in your studies!

Best of luck to you all!
Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

California Bar Exam Predictions: February 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. Incidentally, it is worth taking a look at my “predictions” from the July 2012 bar exam for some of the areas that I addressed that did not come up as these may be more likely now – you can find these by scrolling way down on the right for our postings by month – click on July 2012 and you should be able to to look back through that month’s postings and find the predictions from last time).

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 tested on the July 2012 bar exam. Since Constitutional Law did not show up – I am leaning towards your seeing it this time. I will write about this more in upcoming posts.

As far as subjects that could repeat from the July 2012 bar exam round – this time, I feel that of the subjects that could repeat, that Civil Procedure is a very good possibility as is Community Property.

Wills could also repeat (as could any subject from the last bar exam – be very careful not to presume that simply because something was not tested last time that it will not be tested again this time). And – as usual – a Professional Responsibility essay is typically likely (no surprise there).

Possible Essay Scenarios:

If Civil Procedure were to repeat: The most commonly tested issues in civil procedure are: jurisdiction and collateral estoppel and res judicata. Last bar round, personal jurisdiction was tested (along with subject matter jurisdiction and supplemental jurisdiction). The essay was primarily about personal jurisdiction (and had a full discussion of minimum contacts). Prior to July 2012, the last time in personam jurisdiction was tested was in 2006. As a result, it would certainly not be unusual if you were tested on Civil Procedure again and in fact personal jurisdiction again. This happens. So – be prepared for it. Most would not be expecting it. However, if Civil Procedure were to repeat then I would expect an essay exam that possibly tested either some of the California specific areas (the California bar examiners have yet to test anything California specific in Civil Procedure – take a look at demurrer and SLAPP Suits and the responsive motion to a SLAPP Suit called an “Anti-SLAPP” motion – incidentally the area of SLAPP suits would be a great cross over with the First Amendment – I am not saying you will get this on this bar round - but some day it is coming) and/or some of the other issues that were not tested on the last bar administration. For example – collateral estoppel and res judicata. I thought both were a good possibility for testing (along with personal jurisdiction) on the last bar exam.

One of the last times collateral estoppel and res judicata were tested was in the context of in personam jurisdiction. I have a past essay exam from the bar exam that tests both together. 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.

If you would like to see this exam, I will be happy to put you on our email list for tips – simply send me an email to: pass@barnonereview.com and indicate: “Send me bar exam tips” in the subject line and I will add you to our list.

Another area within Civil Procedure that I would suggest you take a look is the area of “interlocutory appeals” – this is usually tested briefly as a fairly short “tack on issue” in a Civil Procedure exam. The issue is usually tested in this way – one of the parties is appealing prior to there being a final judgment (could even be on the basis of the court’s denial of one of the parties wish to use collateral estoppel or res judicata to bar the re-litigation of an issue or a claim). Since the party is attempting to appeal prior to a final judgment in the instant case – this generates an issue with respect to interlocutory appeals. It is a short discussion, but one that must be had and one that has certainly come up many times on the bar exam in the past.

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 Collateral Estoppel and Res Judicata. Since jurisdiction is such a heavily tested area, it would not be unusual to see an exam on this bar administration that tested (in a more emphasized way) subject matter jurisdiction. This could easily be done and tested with other typical issues like: Venue, Remand and/or Removal.

Incidentally – with respect to issue and claim preclusion – 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 (Res Judicata). If you need further explanation of the “primary rights” view – please let me know and I will add more about this area in a future posting.

If Criminal Law/Procedure were to repeat: Criminal Law was tested last on the July 2012 bar exam. While Criminal Law was also tested on the July 2011 bar exam, prior to this past bar exam round Criminal Procedure had not been tested since 2010. Also, Murder has not been tested since 2010. That is quite a long time for the bar exam to skip an area that is historically heavily tested. So – there are two things that I am thinking of in terms of Criminal Law/Procedure repeating on this bar round: 1) Murder seems like a likely area for testing since it has not shown up on the exam in a very long time and 2) Criminal Procedure makes for a good repeat area as well since it has not been tested incredibly heavily in the last several bar rounds. I am not saying it is a definite – I am suggesting that you should be prepared for it. Areas within Criminal Procedure that have not been tested in a long time are: some of the 6th Amendment “tack on issues” like peremptory challenges (perhaps based upon a juror’s “lack of belief” in the death penalty or “opposition to the death penalty” and the 8th Amendment (capital punishment) – both of these areas have been absent for some time on the essay portion of the bar exam. For an approach to writing a murder essay exam click here for a shorthand approach to writing a murder essay.

Torts (Products Liability or Tort Remedies): Most are predicting Torts. I would have to agree that this is a very likely subject for testing. And, most are predicting a products liability essay. While I think this is entirely possible – there are some other areas that are also possible. The longer it has been since a subject has been tested – the more likely (in my opinion) that it could be in any area within that subject. Therefore, simply be ready for Torts. Last bar round I was suggesting that if you were to be tested in Torts that Products Liability was a possibility or perhaps an exam that tests Malicious Prosecution and Abuse of Process crossed over with Professional Responsibility. As I look at it again – another area that has not been tested in some time is the area of Tort Remedies. Now – here is the thing – in past bar exam administrations we have seen bar rounds where Contracts was tested on day one of the bar exam and then on day three Contract/Remedies was tested. So . . . am I suggesting that Torts could be tested on day one or day three and then on the other day a Torts/Remedies exam? Well . . . it could  happen. It is not my first pick of scenarios (that you will see both a Torts essay on one of the days of the bar exam and then a Torts/Remedies exam on the other essay day – BUT – it has happened previously with Contracts and Contracts/Remedies – so simply be prepared for that slight possibility. And, since Torts is so heavily predicted by so many this bar round – then you clearly would want to be ready for anything within this subject and that would include a Tort Remedies exam.

Incidentally – a nice area for testing with Torts and Tort Remedies is an essay that tests Nuisance (and then a Nuisance that becomes a Trespass to Land, causes perhaps a Trespass to Chattel (maybe items on a person’s property are damaged and then this results in Conversion as well) and then the remedies of Damages for the intentional torts and injunctive relief are tested. Know the elements of an injunction and know that when injunction is being tested – one of the areas you are typically expected to discuss in a bit more length is the area of “balancing of the hardships”.

Okay, so that is it for now.

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

Clearly, no one should try to rely on predictions to guide their studies. You simply need to know everything as well as you can. Still, I think it can be helpful to have some possible essay scenarios to keep in mind especially in the few days leading up to the bar exam, just to have something new to focus on. Then in the event that you see any of it, you will feel good. And the odds that some of the above will be on the exam is 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

July 2012 Bar Exam Tip: REST

Hello all,

Congratulations to everyone who took the July 2012 California bar exam! I want to thank you all for following my blog and for writing to me personally. I also want to thank those of you who read my story of my battle with cancer (here) and made a donation – I am incredibly grateful – one person even donated within a couple of hours of having completed the test – I am so touched and so appreciative.

Cancer leaves a pretty big, vacuous, financial hole in its wake. Thankfully though – I am well and able to do what I love to do most – teach and help others. This blog brings me so much satisfaction – to be able to reach so many people and to provide some support to those who really need it – well, it means a lot to me. If you found my blog helpful and want to make a donation of any size, it would be so appreciated.

Like you should all do – I am taking some time off. However, please continue to send in your questions – I will get back to you – just know that it might not be until Monday.

Again, thank you for following my blog and for sending in donations, it is truly appreciated.

I will be writing more posts in the coming days (including posting answers to some of the most commonly asked questions that I receive during this time).

Until then – enjoy your weekend – you deserve it!

All the best,

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

California Bar Exam – Day One’s Essays

Hello All,

Congratulations to all who have completed day one of the California bar exam! You are now one third of the way done!

I will be meeting with a group of my students in Ontario after the test this evening. But, I wanted to first let you know what I have heard was on the test, hopefully help you put it in perspective and also give you some suggested areas to focus on for Thursday’s essays.

So no real surprises so far – Civil Procedure (as most predicted), followed by Community Property  (with a little Professional Responsibility) and then Evidence (with CA distinctions). I felt that of the subjects that were most likely to repeat from the last bar round that it would be either Evidence or Constitutional Law. I also thought that IF Evidence were to repeat that you should be extra prepared for spousal and/or marital privilege. So far there was nothing that wasn’t expected.

Just so you know, many people have reported in with their list of what was tested (thank you to everyone who did that, by the way) and most people indicated that they had trouble finishing the last part of the second call on the Evidence essay. This is not unusual. If you did not finish, rest assured you are NOT alone AND it does not mean that you have failed, absolutely not. However, make sure you push yourself on day three to finish all three essays the best that you can.

And, just remember, many, many people will not have finished the third essay completely – and yet they will still pass. It is all in how you internalize it. If having run out of time ruins your confidence then that is a bad thing. Don’t throw the test away or let yourself become defeated simply because you ran short on a question. It is not the end. Today is over and make sure that you think of it that way – as being over, past, not on your mind any longer – only look forward. There is no point in agonizing over what did or did not happen today. Focus on tomorrow and on Thursday.

So, there are two things I am providing in this post: 1) a bit about today’s test (remember – I have not seen it, but, I have compiled information from examinees who wrote in) and 2) some thoughts on what you might want to focus on for Thursday’s essays.

July 2012 Essays – Day One (please keep in mind, this information comes from student accounts – if you remember something differently, do not panic or worry):

Essay 1 – Civil Procedure (PJ and SMJ, amount in controversy posed as issue)

Pam and Patrick are citizens of State A. They were travelling in State B when the got into an accident with State B driver from Corporation.

Corporation is incorporated in State B and does business exclusively in State B and its warehouse and workers and drivers are in State B.

Pam and Patrick sue in federal district court of State A. Pam is suing for personal injury of $70K and property damage of $10K. Patrick is suing for damages of $6K.

Corporation sought dismissal on the grounds of personal jurisdiction and court denied. Final judgment of $60K and $4K for Pam and Patrick. **

Corporation appeals to court of appeals on the basis of subject matter jurisdiction and personal jurisdiction. How should the court rule? Discuss.

**Note: I heard from some examinees that the corporation was a Canadian corporation,  so I presume this played out in the fact pattern as well – but, again, I have not seen the fact pattern. Most examinees felt that this essay was pretty straightforward.

Essay 2 – Community Property/Professional Responsibility

Wendy and Hal are married and live in California.

Hal likes to drink and Wendy kicked Hal out of their family home and told him not to come back until he finishes an alcohol treatment program.

Hal drinks, then drives, hits and injures a pedestrian. Pedestrian brings a civil suit against Hal. Wendy learns of the suit and tells Hal she wants a divorce. Hal is unemployed and the only asset he has is his interest in the family home which he and Wendy purchased together during their marriage.

Hal consults Lawyer about representing him in the civil suit. Lawyer asks Hal for a promissory note and lien on the family home. Hal accepts.

1.     Is Wendy’s interest in the family home subject to recovery of the civil suit.

2.     Is Wendy’s liable for the attorney’s fees.

3.     Did Lawyer violate any ethical rules? Discuss.

**Note: this essay was a bit different (at least that is what some have reported). However, there were no unusual concepts tested – nothing new at all. It was of the three essays, I think the one that most would find a little awkward. There was not a ton to write about on this one (that is often how Community Property essays go and that can make examinees feel like they are missing something. So, if you feel like it was too simple, don’t worry about it. And, besides, there is no point in worrying about it at all now. Just move forward and do your best tomorrow and Thursday!

Essay 3 – Evidence (I said that Evidence was on my list of topics that I felt were most likely to repeat and thought that spousal and/or marital privilege would be a likely point on the exam – it appears this was the case – nice – hopefully you reviewed this area a bit). And, as I said above – most people expressed difficulty in finishing this essay. So don’t worry too much if you were unable to finish the third part of the second call, it is pretty typical to run out of time on these. Here are the facts as reported to me:

Vicky is murdered. The prime suspect is Dean who is a rival business owner. Dean is married to Whitney.

Two weeks before the murder Whitney learns that Dean has been cheating on her with another woman. Whitney is upset and she tells Dean that the marriage is over and she moves out. Seeking revenge Whitney agrees to testify against Dean. During recess Whitney and Dean reconciled. Prosecution calls Whitney to the stand and Whitney refuses to testify. The court threatens Whitney with contempt and Whitney reluctantly testified that on the night of the murder Dean had mud on his shoes.

Prosecution calls Ella. Ella testifies that on the night of the murder she was standing at her kitchen window that was 20 feet away from Dean and Whitney’s home and she overheard Dean say to Whitney “I just killed the gal that stole my biggest account.” Whitney and Dean were unaware that Ella was there.

Dean calls Fred to testify. Fred testifies that on the day after the murder he was eating in a coffee shop when he saw two gangsters Gus and Hit. Gus asked Hit “did you take care of the Vicky business?” and drew his index finger across his throat.

Was the prosecution proper in calling Whitney to the stand? Discuss.

Was the testimony of (a) Whitney (b) Ella, (c) Fred proper? Discuss.

**It should be noted that because this case is a criminal case, that Proposition 8 applies. This does not mean that your analysis is any different – it simply means that it is worth pointing out that Proposition 8 is applicable because this is a criminal case and you are specifically asked to address California law.

So Now What?

So far what has been tested is pretty much what I expected – nothing unusual at all. Now, that doesn’t mean the rest of my “predictions” will all be on target. I am looking forward to hearing what was tested on the Performance Test this afternoon as this might change what I am thinking about what might come up on day three’s essays.

Obviously, Professional Responsibility is on virtually every essay exam. But, out of the past 23 bar exam administrations it was skipped from the essay section (completely skipped) two times. So, you just might not see it on day three. But, statistically it is more probable than not that Professional Responsibility will come up in some form (either as a cross over again or as an entire essay).

I am still leaning towards Criminal Law and Procedure (please see my previous posts: “Predictions” – Part One and “Predictions – Part Two). I am sticking to what I suggested from the beginning. Nothing happened today that was unexpected and all was from the list. I suggested Products Liability (and most have predicted this for July). However, now I am thinking that is perhaps just too easy. Be prepared for it, assume it will be there – because most people are assuming that – but, make certain that you don’t bank on it (or on any of mine or anyone’s “predictions”).

Remember that Defamation could be just as likely. And, I still think a Torts cross-over with PR is possible (malicious prosecution, abuse of process, PR – this is not an unusual combination). So be ready for Torts. If you do get Products Liability recognize that everyone is expecting that – so you will need to do a really good job on this exam in order to distinguish yourself from the pack (and that is something you need to do – make your essay look better than most – use headings, lots of headings and know the approach).

Something significant about today’s exam is that you were only tested on one MBE subject – most exams test two or three essays that are MBE subjects. So . . . that means I would expect at least one more. I would not write off any topic at this point (I know no one wants to hear that, but, you need to realize that anything is always fair game). In fact, on my bar exam we had an Evidence essay on day one (transcript style) and then on day three we had a Community Property/Wills/Evidence essay. The evidence question was a spousal and marital privilege issue. I managed to get through it, but, I had not looked at Evidence since day one – so let that be a warning to you.

I believe that Professional Responsibility could be tested as an entire essay or crossed with virtually anything. Criminal Procedure and PR show up together as do Torts and PR and really – any subject could be crossed with PR. But, Criminal Procedure and Torts both make for good cross overs with PR.

I will write more when I hear from students this evening about what was tested on the performance test.

Until then, review the areas that you are least comfortable with and also review my prior posts regarding the “predictions” (Part One, Part Two) as all of this is still relevant since nothing showed up today that was unexpected.

All the best to everyone who is taking the bar exam today. And, a big thank you to all who wrote in with your synopsis of the exams!  And, a big fat disclaimer: as you know I have not seen the test. PLEASE, please, please d0 not get worried if the facts above are different than you remember the facts to be. This is just some information that was compiled from some examinees.

Stay tuned for more later!

Best,

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

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

California Bar Exam Predictions: July 2012 – Part Two

Hello All,

The bar exam is one week from today. So here are more of my “predictions”. Remember that I use the word predictions loosely. However, I really do think that it is helpful to think of potential exam scenarios. I pass these along to my students throughout our review course. And, now I am passing some of these along to you.

So here are my thoughts:

So far we have suggested Civil Procedure and Criminal Law & Procedure. I want to make a few additional comments about Criminal Law/Procedure: First of all, as I stated in my previous post (“Part One”) Criminal Procedure has not been tested since July of 2010 (four bar administrations ago). That is a long time for it to be absent. What is also significant (at least I attach significance to this) is what was tested and what was not tested on the past Criminal Law and Criminal Procedure essays:

July 2011: Criminal Law was tested without Criminal Procedure (the Criminal Law issues were: burglary, robbery, larceny, criminal battery and accomplice liability issues - no murder)

July 2010: Both Criminal Law and Criminal Procedure were tested (the Criminal Law issue was kidnapping – no murder, the Criminal Procedure issues were: 4th Amendment admissibility issues – which are very typical and common – and a guilty plea issue – not so common – no 5th Amendment, no 8th Amendment).

So, here is what I think you should keep in mind: 1) Criminal Law and Procedure is a likely topic – know it, 2) Criminal Law and Procedure may very well not be on the exam, but KNOW IT, 3) if you were to be tested on Criminal Law and Procedure it would seem like a cross over with Murder (the whole Murder approachcrossed with Criminal Procedure issues is likely.

*Note: For a good example of how to address murder in a quick fashion, search this blog for: “shorthand murder approach”

The 4th and 5th Amendments are always likely in this context. But, what hasn’t been tested in some time are the jury issues (6th Amendment) that can come up within the context of a murder exam. For example, peremptory challenges on the basis of not believing in the death penalty and then an 8th Amendment issue about the constitutionality of imposition of the death penalty (the most commonly tested aspect of 8th Amendment imposition of the death penalty issues are: the requirements that there be guidelines and discretion (discretion to impose – “automatic imposition” of the death penalty is NOT allowed, anything that would require a judge or jury to automatically impose a death sentence would be unconstitutional) and allowance of mitigating factors (defendant must be allowed to present mitigating evidence, also hearsay evidence IS allowed in the penalty/sentencing phase).

In addition to the above, you should be cognizant of issues that can come up in the context of the imposition of the death penalty and felony murder – imposition of the death penalty will not be allowed where a co-felon was not a major participant in the felony murder).

Review the 8th Amendment in general (search this site for “8th Amendment Template” (I released it as a download in a prior post – you should be able to easily find it by searching the blog for it. It covers both the capital punishment issue as well as bail issues (another area I would review).

The above issues are things that I would want to brush up on. Just as likely is a very run of the mill, straight forward, Criminal Law Murder crossed with 4th and 5th Amendment issues. Still, be ready for any of the above.

Okay, that is what I wanted to pass along about Criminal Law and Procedure.

NEXT:

Torts – Products Liability or Miscellaneous Torts (miscellaneous torts like: Abuse of Process & Malicious Prosecution). So it should be no real surprise that I think Products Liability is a likely possibility (see last February for my “predictions” where I indicated “IF you were to be tested on Torts, here is what I think might be likely . . . products liability . . .” ).

So, if you were to get Products Liability (or defamation, or any other topic) would you know how to start your exam? You should work on having an introduction to sort of get the ball rolling and to use as a framework for the organization of your exam. Remember, Products Liability is a race-horse exam. As a result, you do not have a lot of time to think about it, you simply have to get writing. So, having a canned up approach ahead of time (one of the cornerstones of our program) is not only a good idea, I think it is a necessity. 

Here is a good introductory statement: The plaintiff may have claim against defendant (here, insert the defendant or defendants plaintiff is suing) for Products Liability. A Products Liability claim may be based upon the following theories: 1) Intentional Tort, 2) Negligence, 3) Strict Liability (for defective products), 4) Implied Warranty theories and 5) Express Warranty.

Something like the above is very handy. It will work on virtually any Products Liability exam even if your particular essay ends with a discussion of Implied Warranty of Merchantability  and does not have any relevant discussion for Implied Warranty of Fitness for Particular Purpose or Express Warranty. Why is this the case? Because you have just, in one quick paragraph, at the very beginning of your exam, told the grader that YOU know what you are talking about, that you get it. You can modify the above paragraph, but, keep in mind that laying it out ahead of time not only puts the grader at ease with your knowledge and where you are going, it also anchors YOU in an approach. It is much easier to write from this position – having an approach.

Community Property – Value Enhanced Separate Property Business Like many, I think Community Property is likely. I would definitely know the two tests for determining the Community Property interests in a separate property business that has increased in value (Van Camp and Pereira). One of these tests favors separate property and one favors community property (meaning that one favors finding more of the value to be considered separate property and the other favors finding more of the value of the business to be considered community property).

So how does this come up? Often it comes up where an ex-spouse is attempting to collect for child support – and you have to determine whether the ex-spouse can reach a separate property business. Here is an example: Wilma and Hank were married in 2001. In 1999 Wilma opened a brokerage account. Wilma continued to manage her brokerage account through the course of her marriage to Hank. The brokerage account increased in value. Wilma and Hank divorce in 2012. The call of the question is whether Wendy, Hank’s first wife, who has obtained a judgment for past due child support may reach Wilma’s brokerage account.

Keep in mind, it could be any creditor of Hanks that is trying to reach Wilma’s brokerage account.

The key is to recognize that the only way you can properly answer this call of the question is to apply the tests (Van Camp and Periera) for value enhanced businesses so that you can determine what portion of the business is considered Community Property and therefore what Wendy (or any other creditor) can reach.

You should always address BOTH tests, even if you believe that based upon the facts, one test is more applicable than the other. If you do feel you can make that call – then simply bring up both and weigh in on which test you think is more applicable. But, remember the bar examiners really want to see your breadth of knowledge – so bringing up both tests is important.

You may not be given numbers to deal with and you need to be comfortable with the absence of numbers.  You may also get numbers (what Wilma initially used as start up capital for her business, what it is now worth today, etc.). So either is an option. Review past exams for how the bar expects you to deal with this – it is simpler than you might think.

What is Goodwill - another consideration for community property when dealing with a separate property business is the concept of goodwill. This is something that is important to address when you have a separate property business that has NOT increased in value. In these situations, a court may assign a value to the “goodwill” of the business. For example, any business where there are repeat customers and/or a good reputation, long standing business, etc. the concept of goodwill is important to mention. The goodwill of a business has some value – the fact that there will be continued customers, a future business, etc.

Therefore, if you end up in the situation on the exam where you have a separate property business, but, there is no increase in value or the business has gone down in value, the non-owner spouse may receive some interest based upon the “goodwill” of the business.

With respect to Community Property, be sure to be ready for any issues and remember that you MUST know the introductory paragraph for Community Property. You should have it as I do not know if any bar review course that does not provide it (and if for some reason you do not have it, you ought to be able to find it in virtually any California bar released answer for Community Property). Still, if for some reason you can not find it, feel free to email me or leave a comment here and I will provide one for you.

Okay, that is it for right now. Do a search for the “Shorthand Murder Approach” (I put this up in a blog post for the February 2012 bar exam, it is easily found by searching this blog for” shorthand murder approach”).

Stay tuned . . . there is more to come.

Good luck to everyone who is studying for the July 2012 bar exam!

Sincerely,

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

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