The bar exam is now just a day away. I wish all of you who are taking the exam tomorrow, the very best of luck!
If you would like to be added to our July 2013 Bar Exam Tips Email List and receive a Constitutional Law Handout, see my earlier post.
If you have read my prior posts, you know that Evidence is one of the subjects that I am leaning towards your seeing on the July 2013 bar exam. I also feel that Constitutional Law is a very likely possibility. Of course, you may not see either Constitutional Law or Evidence on the July 2013 bar exam. But if you were to see either subject on the essay portion of the exam, would you know how to handle it?
This might not seem like a question that you would want to ask yourself the afternoon before the bar exam - but why not? If you do not know how to handle a Constitutional Law essay or an Evidence essay today, the day before you take the test, is it too late? Should you give up? Of course not.
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 – the day before the exam – why not)?
The reason I think it makes good sense to review this exam the day before 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. And, 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, I think Best Evidence Rule and perhaps a double hearsay issue are possible.
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 (examinees with six day testing conditions, take the performance test on Wednesday), I will limit my discussion of PTA to the end of day two of the bar exam.
Thank you again for following the blog.
I wish you all the very best of luck tomorrow. Remember to stay positive and to believe in yourself!
Best of luck to you all!
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