How to Pass the California Bar Exam – Free Workshop

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Hello all,

Good luck to everyone who is waiting for July bar results!

For those of you preparing for the February 2015 bar exam, I wanted to let you know that I will be teaching another free, “How to Pass the California Bar Exam Workshop” on December 3, 2014. This workshop will focus on writing for the California bar examiners as well as: test taking strategies, study plans, and simply how to get through this grueling exam with passing results! If you have failed the bar exam previously, this workshop is an excellent program to jumpstart your studies and to figure out how to prepare differently this time. I will also address the updates to the February 2015 bar exam. The workshop is limited to thirty attendees, so please sign up early to secure your spot.

Unfortunately, we cannot make this workshop available online. However, we hope to see you in person! To register, click here and be sure to check out our Bar Exam Cram Session Website for our other course offerings.

All the best to everyone who is waiting for July bar results!

Lisa Duncanson

Founder/Program Director Bar None Review and Bar Exam Cram Session

Prepare For The February 2015 Bar Exam With The Two Day Bar Exam Cram Sessions

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Hello all,

All the best of luck to those who are waiting for bar results for the July 2014 bar exam!

For those of you who are preparing for the February 2015 bar exam, we have released our February 2015 Bar Exam Cram Session Schedule. We will conduct three separate Bar Exam Cram Sessions for the February 2015 Bar Exam. The dates are as follows (click on dates below for more information and to register):

Session I – December 13, 2014 & December 14, 2014

Session II – January 17, 2015 & January 18, 2015

Session III – February 7, 2015 & February 8, 2015

The Two Day Bar Exam Cram Sessions provide a condensed review of all bar tested topics and provide students with a tried and true approach for each essay tested topic. We tell you what you need to know, including what to write, when to write it, how much time to spend on particular issues and provide you with a proven approach to success on the California Bar Exam. You receive a complete set of The Bar Exam Cram Sheets, a study plan for the final ten days leading up to the bar exam and all of the Bar Exam Guru’s predictions and email updates up through the bar exam. See the links above for more detailed course information.

Stay tuned for more information about our February 2015 Civil Procedure MBE Maximizer Program, Score Maximizer Program and Writing Maximizer Program.

All the best to everyone waiting for bar results!

Lisa Duncanson

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

 

 

Congratulations on finishing the July 2014 California Bar Exam!

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dowhatulove

 

Congratulations on completing the July 2014 bar exam! You should be proud.

So by the time you are reading this post you will have finished the last performance test (and at some point soon I will hear from students and blog followers about what was on today’s performance test). I will not be writing about either Performance Test A or B until next week. But, I will come back here to comment a bit about it and share with you some of the feedback I receive about the Performance Tests.

Since I have not posted on it yet – today’s essays were in the following areas:

Essay 4 – Criminal Procedure and a little bit of Professional Responsibility* (I am SO happy that Criminal Procedure was tested – I really try hard to be selective in what I give out in the hopes that what I release is actually on the test. This year was pretty good that way).

Essay 5 – Trusts (with some Community Property and Wills)*

Essay 6 – Torts Negligence

*Remember, I have not seen the essays, I am relying on reports from examinees. I do my very best to report responsibly. If you do not recall seeing anything other than Trusts on essay #5, please do not freak out. If you did not see an ethics/Professional Responsibility issue on essay #4, please do not panic. We will only know for certain what was tested once the essays are released. And, regardless of what was actually tested – as long as you focused on resolving the legal problems, you should be fine. If you would like to add anything about what was tested, or if you have any questions, or would simply like a little reassurance, feel free to contact me at: barexamguru@yahoo.com. I respond to all emails personally.

Thank you for following this blog. I am grateful for the following on this blog, it means a lot to me. I love teaching and I love helping people. My career path has enabled me to do just that. When I am asked what I do for a living sometimes the response is something like this: “Oh, great, you help make more lawyers, super . . . ” (insert sarcastic tone). But, I am proud of what I do. And I know that lawyers make a real difference in the world. Justice and equality are more than just concepts to lawyers and lawyers are often the champions of those who are most in need of championing.

I hope that you have found this blog helpful to you in your studies and especially during these most challenging of days while you are taking the bar exam. If you have found my blog helpful, please spread the word. And, if you feel so inclined, I happily accept donations to help host this blog. Like you, during the bar exam, I sacrifice time with family and friends. But, I do it knowing that I am helping people and that is something I truly enjoy.

I founded, and run, a commercial bar review company and I love my enrolled students. But, I also really love providing free help here. There is a need for free support. So many examinees fail on their first attempt (who might not if they just had a little bit better direction and a little encouragement). When examinees fail, they are often left with little to go on in their studies. I try to help fill this void a bit. If you find this blog helpful and would like to make a donation, you can do so here:

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Thank you for following this blog and please let others know about it if you think they can benefit!

All the best to you on results day!  And, I do hope you go forward into a career that you love!

Lisa Duncanson

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

 

California Bar Exam: Last Minute Performance Test Tips

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Hello All,

Congratulations, you are now done with the essays! You are one performance test away from being done with the California Bar Exam!

Here are some tips for the performance test:

1. Follow the instructions carefully! Exam pressure can lead to missing things and to misreading instructions – so slow it down enough to make sure you are not missing something in the instructions. You are going to base your whole answer on your interpretation of the senior partner memo (the letter to you from your would be boss) – so make certain you read it very carefully and more than once! (See more on following instructions, and evidencing that you have followed instructions, in # 2 below).

With respect to following instructions, do so to a T. If the senior partner memo tells you not to write a statement of facts, then do not write a statement of facts. Pay close attention to the instructions you are provided. Failure to adhere closely to these instructions will cost you dearly – so be careful!  Examinees are often in a rush to get through the materials quickly and end up missing something in the instructions, failing to pick up some of the easier points. So make sure you read through the senior partner memo a few times and be certain about what you are being asked to do.

 2. Make your answer look like it is an answer to that particular performance test. Whatever you are asked to do on the performance test, make sure that you create a document that looks like what you were asked to produce. There will typically be two places from which to obtain your format and instructions for the document you are asked to prepare. The first source is the from the senior partner memo (the letter to you from your would be boss). The second source is also in the case file portion of your performance test and it is a firm wide memo (usually with the title: “To all associates . . .”) that provides instructions on how to write an appellate brief or a memorandum (or whatever it is that you are being asked to write). It is critical that you refer to both of these sources to make certain that you include all sections that you are supposed to include (assuming there are sections, i.e., statement of facts, or point headings, etc.) in your document.

These two sources will also help you to format and organize your document – for example, if you are asked to write a memorandum about the the Constitutionality of a proposed ordinance, then a) you need to make sure that your document is identified as a “memorandum” and b) you need to make certain that your document visually makes it clear that you are in fact addressing the constitutionality of a proposed ordinance. This may seem obvious and it may seem less important than figuring out what the cases mean, but the reality is that many examinees simply fail to do some of these very basic things and end up losing points. So, make certain that you do not forget to make your performance test answer look like it is the very document that you have been asked to produce.

3. How do I know which cases to use? Use them all. Seriously. Really. Do not be afraid. Try to find a use for each case. That is it.

4. What part of the statutes should I include? Assuming you have statutes (not all performance tests do) then look to see which parts of the statutes are referred to in the cases. It is a pretty safe bet that you should also use the sections that the cases refer to as well.

5. Use headings. (first make sure you follow any format that you are instructed to follow). Always err on the side of following instructions. Some of your formatting will likely come from the instructions (either from the senior partner memo and/or potentially from a firm wide, memo to “all associates” in the case file). Remember that your performance test answer (whether it is a memorandum, a points and authorities, an appellate brief, a letter to a client, a closing or opening argument) it is still an exam answer. It will be graded by a human being and you need to be cognizant of that – make it easy to read and easy to follow. Use headings.

6. What if I don’t finish my answer? This is not an option. You need to make certain that you do finish your answer. Just do it. I take my job very seriously and I work hard, I go the distance, I do whatever it takes to get whatever I need done. Why am I telling you this? Because you should too – you should work your butt off and I don’t just mean in your preparation for the bar exam – but I mean right now, right now on this test, today. Suck it up and get through it. I know that sounds a bit harsh, but if you want to pass this thing then go after it, especially in these last hours. Insist on finishing today’s performance test – because you can and because you need to.

7. Okay, but what if I don’t finish my answer? Sigh. Okay, if you see that you are not going to finish what you had planned on writing, then adapt and do so quickly. The clock may not be your friend, but it does not have to be your enemy either. Watch it, keep track of your time. Don’t wait for the proctor to provide a time warning for you to know how much time you have left to finish. Keep track of your time and speed things up as you need to in order to finish your answer. And, if you are really up against the wall, then make it look like you have finished. If it is appropriate for the document that you are writing, then add a heading for “conclusion” and have a few sentences or a paragraph summarizing as best you can what you have written. And, you can even pre-write a conclusion if you think it will help (this is really only helpful to laptop examinees).

8. Be POSITIVE! (I know, how nice of me to yell at you to be positive :)) Seriously though, please do not be miserable – it will only hurt your performance. No one forced you to go to law school (well, I hope not). You presumedly wanted to do this, you want to be a lawyer. Therefore, today is about doing what you want to be doing – taking and passing the bar exam. Be proud of all the hard work you put in to get to where you are right now. So many people say things like: “I was going to go to law school” or “I always wanted to go to law school” . . . well you did go to law school. Be proud of that and don’t let the struggle of the bar exam take any of that away from you. Now go kick the bar exam’s butt!

All the best of luck this afternoon!

Please let me know if this blog helped you, I would love to hear from you: barexamguru@yahoo.com

Lisa Duncanson

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

California Bar Exam: Good luck Today!

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Hello All,

Good luck on this morning’s essays! Remember to stay calm, believe in yourself and write your heart out!

You can do it!

I will be writing again during the lunch break (once I hear what was on the essays, feel free to email me with your thoughts at: barexamguru@yahoo.com).

Lisa Duncanson

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

Bar Exam: Criminal Law Murder Approach

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Hello Everyone,

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

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

Approach for handling a murder question:

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

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

Then move onto:

Statutory Degrees of Murder

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

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

Manslaughter

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

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

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

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

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

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

Best of luck to you all!

Lisa Duncanson

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

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

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Hello All,

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

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

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

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

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

Ontario Test Location Bar Exam Meetup:

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

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

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

A little more on Property . . .

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

If you were to get an essay on Easements and it was in the land sale context – the scenario could go like this: Betty is granted an easement by Grant for a 20-foot road. She receives this easement by express grant, but never records. Betty uses the road and ultimately paves a thirty-foot wide road and begins using it for part residential and part commercial use. Grant sells his land (the servient tenement, the land that is burdened by the easement) to Buyer. The issues become 1) Does Betty have a valid Easement, 2) Does Buyer take the land subject to Betty’s easement etc.The above scenario generates many discussable points.

To determine whether Betty has a valid easement you should follow the Easements approach:

1. Is the easement appurtenant or in gross? (this should be a very short discussion)

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

3. Creation – how was the easement created (PING)?

4. Scope – what is the scope of the easement and was the scope exceeded – or was the easement overburdened?

5. Was the easement terminated?

With respect to whether Buyer takes the land subject to Betty’s easement will likely require a few discussions: 1) a discussion of notice (actual notice, inquiry notice and constructive notice) and potentially recording act statutes and 2) a potential Warranty Deed discussion where you discuss the present and future covenants (six total).

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

Further Predictions for day three: I will continue posting on my blog through the bar exam (but, to get the complete inside view, please sign up for our tips list). After I know what was tested on day one, I will provide my suggestions of areas to focus on for day three’s essays (revised predictions for day three’s essays). However in order for me to do so, since I am not sitting for the test, I need to hear from examinees as to what was actually tested. My students will contact me, but, the more examinees I hear from, the more I will know and the more focused I can be about making suggestions for areas to study on day three.

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

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

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

Lisa Duncanson

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