California Bar Exam: Three Days Away!

Good luck photo for blog

Hello All,

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

If you would like to be added to our July 2014 Bar Exam Tips Email List, please see my earlier post to sign up.

If you have read my prior posts, you know that Evidence is one of the subjects that I have suggested as a possibility for this July’s exam. Also, Constitutional Law could repeat – remember, anything can show up on the bar exam. Of course, you may not see either Constitutional Law or Evidence on the July 2014 bar exam. But if you were to see either subject on the essay portion of the exam, would you know how to handle it?

If you do not feel confident on how to handle a Constitutional Law essay or an Evidence essay today, just a few days before the test, is it too late?  Should you give up?  Of course not!

Two essays for your review: I am posting two essays here (I have posted these same essays previously on this site, I mention this in case you have already downloaded these). One is a Constitutional Law essay (involving a state statute that treats out of staters differently than in-staters . . . so what area does that bring to mind? If you do not know the answer to that, then you definitely need to read this essay and the answers . . . hint: you are required to determine whether the state law places an undue burden on interstate commerce). So, if Constitutional Law is something you are fearing – then I would take a look over the subject again (preferably by relying on a condensed outline of some kind). In addition, I would recommend that you take a look at a few essays in Constitutional Law. I would do the same for Evidence. Both subjects can be race-horse exams. So, keep this in mind when you are writing your answers. Get to writing as quickly as you can.

I have attached as downloads, a past Constitutional Law Essay and a past Evidence Essay that I think are worth reviewing (yes – even the Sunday before the exam – why not)?

The reason I think it makes good sense to review these exams a few days before the exam is because of this simple fact – a very similar essay exam could appear on day one or day three of the California Bar Exam. Therefore, it just makes sense to read through both essays. You can download the Constitutional Law Essay here: ConLaw Handout 2 F-05 and the Evidence Essay here: Evidence Transcript Style Essay

A couple of thoughts about Evidence: If you were to see Evidence on the exam (as you know) Hearsay is likely. It is hard to imagine an Evidence exam without hearsay showing up. Beware that the most commonly tested exceptions are Present Sense Impression and Excited Utterance (and both exceptions should be discussed if you think either is colorable). I would review Judicial Notice and Subsequent Remedial Measures as I think either could come up if you have Evidence (or even as a cross-over on another topic). Also, Best Evidence Rule is tested frequently on Evidence essays. If you have been reviewing past Evidence essays then you already know this. If, however, you have not reviewed many Evidence Essays, then it is not too late to review a few now, before the exam.

A couple of thoughts about Constitutional Law: This Constitutional Law essay is from the February 2005 bar exam. I think it is worth a read. DO NOT test yourself on this. Instead, simply read through it (stay calm while you do so) and read and study the answer. Spend about 25 – 30 minutes on it (a few more minutes if you think you will benefit from it). The key here is to be able to glean some insights into both the approach for Constitutional Law (the approach that is embraced by the California Bar Examiners) and also how to handle an essay that is similar to this Constitutional Law exam. I think it is quite likely that you would see something like this tested. It is certainly possible. Given that possibility – it can not hurt you to read through it. And, remember, it is really important that you simply “read through it” – DO NOT TEST yourself on this – just read it and do your best to connect the dots between the fact pattern and what was generated in the answers. Focus on this: “If I were to get this particular essay exam on the actual bar exam, how would I write my answer?”

Hopefully, you would stick to the issues that are addressed in both answers and even better, if you do see something similar to this particular essay exam, you will remember how to handle it on exam day.

With respect to the Evidence Essay – note the style of writing (what I call a “shot-gun” type of approach) that is used in the exam answers. Both are brief where needed and get through all of the calls in a pretty efficient manner. Also note that in a transcript exam you need to be prepared to write on form objections (examples of form objections include: leading, compound, assumes facts not in evidence, non-responsive, etc.).

Help me help you . . . 

I will be posting again on Tuesday right after the essay portion of the bar exam – I will be counting on my students and blog followers to send me what was tested on the essay section of the bar exam so that I can update my predictions with respect to what I think might be more likely to show up on day three of the essay exam. So, if you have a moment, please email me after the essay portion of the bar exam on Tuesday. This will help me, help you – it is always good to have a sense of where to focus in these final days and even on the days of bar exam. Of course, no one can predict this exam. But, it can not hurt to put some extra time into an area that might be more likely to show up.

I will be hearing from my enrolled students on the break after the essays on Day One. But, the more people I hear from, the better I will have a fix on what was actually tested on Tuesday (essay wise) so that I can work up my next set of predictions for day three. Just a note – because there are some examinees with accommodations who will be taking the bar exam over a six day period, I will limit my discussion to the essays only – I will not discuss the performance test until the week after the bar exam.

Thank you again for following the blog.

I wish you all the very best of luck in your remaining studies! Remember to stay positive and to believe in yourself!

Best of luck to you all!

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

37

 

 

 

 

Bar Exam Predictions: July 2014 Bar Exam Part One

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

July Bar Exam Predictions: Possibly Civil Procedure, Evidence

Hello all,

If you are studying for the July 2014 bar exam, you have just under 40 days to prepare. This may not seem like a lot of time to study, but it really is – especially if you commit right now to make the very best use of the time remaining.

How will you ensure that you are ready for the bar exam this July? That is a question that many examinees fail to ask themselves. One of the most important things you can do right now is to take control over your studying. Think about what you will have to do on day one of the bar exam and think about what you need to do to be ready to do it. Are you ready to handle any essay topic that comes your way? Will you know what to write and how to start your essay if you were tested on say products liability or what if you see an Evidence Transcript Style essay – would you know how to approach it? These are questions you should be asking yourself right now and not waiting until a week before the bar exam to think about.

Incidentally, the odds of your seeing an Evidence essay on this bar exam are pretty high in my opinion. That being the case, what are you doing right now to prepare for that possibility? Most examinees are reviewing outlines and watching video tapes about now. I don’t recommend this as a sound approach. While reading outlines should have a place in your studies, far too many examinees never leave their outlines and end up completely at a loss when it comes to writing their essays on exam day. It is critical that you get out of your outlines, turn off the videos, and review past California bar exam essays and answers. One of the very best ways to prepare for an Evidence essay (or any essay) is to simply study past essays. Learning the material in the context of the test will not only be a valuable substantive review, it will also enable you to see how the issues come up so that on exam day you will have a better likelihood of addressing the correct issues.

A bit about the predictions and what to expect:

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

Side note: In February the bar examiners tested in the area of subjacent and lateral support. Prior to the February 2014 bar exam, one of the last times the bar examiners had tested subjacent and lateral support was in 1989. We provided this 1989 essay to our students. Every bar round I look the exam and think about areas that have not come up in many years and look for examples of those issues in past exams and I provide these exams to my students. As you can imagine, it is quite something to be on exam day and see an exam that you have just read and studied because someone drew it to your attention. It provides a huge boost of confidence. And, more importantly, you actually know how to handle the answer because you have actually seen it before.

Predictions:

Evidence: I have already mentioned Evidence as a possibility for this bar round. Remember that anything could come up on the essays and so you need to be prepared for anything. That being said, Evidence has not been tested on the essay portion for the past two bar rounds. It did show up heavily on Performance Test B on the February 2014 bar exam. However, I do think it is likely to show up on the essay this July. See my earlier post to join our email tips list and to receive a free Evidence handout. This hand out is a simple overview type of approach for writing Evidence Essays. If you are struggling with Evidence, or any topic, we have two more Bar Exam Cram Sessions prior to the July 2014 bar exam. For more information on our upcoming dates, click here.  I will provide more about Evidence and what I think is likely to be tested in the coming days.

Civil Procedure is a likely repeat. You may not want to hear this, but I think Civil Procedure will be on July bar exam. I know, it was just tested. But, you should know that the bar exam repeats essay topics every bar round and sometimes topics are repeated back to back three times in a row. If Civil Procedure is tested, I think that Collateral Estoppel and Res Judicata are likely to show up. If so, this provides a nice opportunity for testing in California Civil Procedure because you would likely need to address the California (and minority) Primary Rights view. If you do not know what this is, look it up (and/or stay tuned, I will provide a sample essay to those who join our tips list). It is not that hard, but if you have never seen it, well, it might as well be a foreign language. It is important to see and to know how these areas are tested, how these issues come up on an essay exam. The best way to do that it to review past exams. Reading an outline will not help much when it comes to figuring out how issues arise on a fact pattern. It is critical that you read past exams and answers so that you can start making these connections in time for exam day!

The bar examiners are fair.

You may disagree, but I truly believe that the bar exam is very fair. This is not to say that the bar exam is not hard. It is a very difficult test. But, it is also very doable. The problem is that far too many examinees do not actually do anything more than read and memorize the law. This is simply not enough. The bar exam requires you to think and to apply the law to factual situations. This is something that you need to practice. One of the best ways to prepare is to review past essay exams and to work through MBE questions. This will provide the best connection between how particular facts and issues are connected. And, it one of the best ways to learn and truly understand the law.

I will post more in the coming days and weeks.

If you find this blog helpful, please spread the word. And, don’t forget to join our bar exam tips list, see preceding post to join.

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

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

July 2014 Bar Exam Predictions and Tips

Hello All,

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

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.

Please understand that the bar exam predictions are released as it gets closer to the bar exam – my enrolled students are promised that they have early access to my predictions – so while I will provide predictions to those who join our email list, it is released later than what I release to my students in my classes. Incidentally, it is not too late to join our next Bar Exam Cram Session. We have three spots left in tomorrow’s Two Day Bar Exam Cram Session. To register for tomorrow’s session, click here.

Good luck in your studies!

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

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

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!

 

IMG_5014

Evidence Bar Exam Cram Sheet Preview

 

IMG_5011

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:

Screen Shot 2013-07-31 at 4.56.24 PM

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

Follow

Get every new post delivered to your Inbox.

Join 8,422 other followers