California Bar Exam Delays Release of Exam Questions

Twice a year the Los Angeles Daily Journal publishes a Bar Exam Results Issue of their paper. This issue is specifically geared towards those who are about to take, and who have just taken, the bar exam. In each issue (it is published twice a year to coincide with the release of the California bar exam results) the Los Angeles Daily Journal publishes the California bar exam pass list (all of the names of those who successfully took the most recent bar exam). Everyone waiting for results from the February 2013 bar exam certainly hopes to be on that list. The paper comes out just a few days after examinees receive their bar results online.

Years ago, examinees did not get the news that they passed by going on the internet. Instead, we got letters. When I passed the bar exam in 1994, the California bar examiners did something new – they set up a staff to answer the phones and we were allowed to call in and get our results over the phone. It took me 45 minutes to get through . . . what seemed like forever. We still got a letter (a few days later) and we still had the Los Angeles Daily Journal (and even some other newspapers) that published the pass list. For some, before you could get your results online, the Los Angeles Daily Journal was the first place that an examinee would learn whether they passed the bar exam or not because the letters did not always arrive before the pass list came out in the paper.

So this year the Los Angeles Daily Journal will be publishing, as they always do, the pass list from the most recent bar exam. However, what you will not see this year, is the publication of the most recent bar exam questions. As some of you know, the past questions (all six essays and both performance tests) are published in The Los Angeles Daily Journal’s Bar Results issue along with “model” answers. The model answers are typically written by individuals who do bar exam prep. I write pretty much every year and have for I think a decade now. I enjoy it and it has been an honor to be chosen year after year to write for the Los Angeles Daily Journal.

But, this year, the California bar will not release the questions from the February 2013 bar exam until “sometime in July”. This is unusual. I do not know the reason. But, it is what I am told. And, as a result, The Los Angeles Daily Journal’s Bar Results Issue will not contain the questions or model answers to the most recent bar exam. Instead, they will publish the questions, along with model answers, from February 2012. I will be writing an answer to Question 2, the Constitutional Law essay.

It is an interesting turn of events. I know first hand from my work with repeat bar takers, that examinees who have failed will be very interested in seeing the test questions from their most recent exam. And, there is always a high degree of interest in seeing “model” answers so that a person can get a sense of where they might need to improve and gain insight as to what went wrong.

It is not impossible to do this without the actual test questions, but, it will be harder. The same skills are required to pass the bar exam each bar round. As a result, it is not a requirement to see the past set of essays and performance tests in order to succeed on the next exam. However, psychologically, I think that for examinees who find out they have just failed the February 2013 bar exam, I do think it will be harder not being able to see the actual questions until sometime in July.

*Note: I have not spoken directly to the California bar regarding the release of the exam questions. I learned this information the same day the Los Angeles Daily Journal learned that the questions would not be available in time for their Bar Results issue that comes out in May. The California bar may decide to release the questions earlier than July. However, at the moment, this is the information I have been told – that the questions will not be released until “sometime in July”.

Published in: on May 4, 2013 at 1:00 pm  Comments (2)  
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California Bar Exam Tips: Free Score Review & Free Workshops

Hello All,

If you failed the July 2012 bar exam, you should know that you are not alone. The complete statistics will be available on the California bar website soon. Pass rates for the July bar exams are usually just about 50%  So, if you did not pass, you know that you are among a significant number of people who are in the very same position.

What do I do now?

So what do you do now? Do you take another bar review course? Do you hire a private tutor? Do you study on your own? The answers to those questions will be different for everyone. First, you need to properly evaluate why it is that you failed. Second, consider attending one of our free bar exam workshops.

Free Bar Exam Workshops

We will offer a free bar exam writing workshop during the next week, for more information and to register, contact us at (949) 891-8831 or via email at: pass@barnonereview.com

Free Bar Exam Score Review

We provide, for a limited period of time (as our classes and private tutoring obligations begin and then we are just not available to provide this service) a free review of your past bar scores. In order to participate in this program, you will need to send your scores to pass@barnonereview.com. We only accept scanned in score sheets or faxed scores sheets at this time (we do not accept your typed in scores in an email). We have to be sure that we are dealing with you. In addition, provide a phone number where you can be reached (all score reviews and evaluations are conducted via phone). If you would like to send your score sheet to us via fax, simply send us an email and we will provide you our fax number.

Why should I have my scores reviewed?

As a repeat bar examinee, the first step to passing the next bar exam is to review your bar exam score sheet. This can be a very confusing piece of paper. Partly because it is simply just painful to look at. Here you are, you have just received the terrible news that you have failed the bar exam and now you have to make sense of the scores. In my experience, examinees very often do not understand how the scaling works or what equals a passing “raw” score. So hopefully, what follows below will be of help to you.

Because the scoring of the California Bar Exam is scaled, it is not easy to understand what a given raw score means nor is it clear where you will need to focus from numbers alone. For example, if an examinee scores consistently the same scores on their essays (i.e., all sixties or three fifty-fives and three sixties) it will indicate a different problem than an examinee whose scores have a greater range (i.e., one 45, one 75, two 65s and two 60s etc.).

What is a passing raw score for an essay or performance test?

First of all, the raw score that is passing for the essays, performance tests and the MBEs varies from bar exam to bar exam. Most examinees incorrectly believe that a 70 is always required to pass an essay. However, this is simply not the case. In the past several bar rounds, a passing raw score on the essay has been as low as a 61 and as high as a 63 – not a 70. Of course, a 70 is a much better score to receive and better yet, 80s are really what you should be shooting for – this is the score we do our best to teach our students to be able to achieve consistently.

What is a passing raw score for the MBE?

The passing raw score for the MBE in the past few years has gone down dramatically. Several years ago, to pass the MBE portion of the exam you really needed to achieve at least 70% correct (a raw score of 140). However, in the past couple of years, the raw passing score has been between 62% – 66% (a raw score of 124 to 133). However, your practice scores should be much, much higher to ensure that you will do well enough on the MBE portion on the actual exam day.

Once the California bar releases the full statistics, some of these numbers will become more clear. However, what is most important is where you are – how far away from passing were you really? Most examinees that I speak with are quite off base when they call in to discuss their scores. There is a lot of misinformation out there. I have been following message boards and I am shocked at how little examinees know about how the test is scored. This is the fault of both law schools and bar preparation courses. It can be incredibly helpful to have someone who is knowledgeable about it to help you interpret your scores. This is really the first step in figuring out what you need or don’t need.

Free Downloads & Further Assistance

Also, be sure to visit our bar review course website free downloads of some of our Bar Exam Writing Templates as well as advice for those who are repeating the bar exam. Click here for additional Repeat Taker Information and click here for free downloads of some of The Exam Writing Templates.

Good luck to you and do not give up, this exam is do-able!

Thank you for reading and please feel free to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

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

Published in: on November 16, 2012 at 9:59 pm  Comments (2)  
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July 2012 Bar Results: Common Questions, Getting Sworn In, Workshops

Hello All,

For those of you who are waiting for bar results, I wish you the very best of luck! In less than 24 hours you will learn whether you have passed the California bar exam!

I want to thank all who have written in and who have made comments on this blog. I am very thankful for your following and appreciate your feedback and support. The blog has received over 270,00 views . . . thank you for reading and for spreading the word.

I want to address some of the common questions and concerns I receive around this time of year.

1. If I fail the bar exam, will I get my scores right away?  (Note, I have written extensively about “what to do if you fail the bar exam” and will do so again. You can search this blog for earlier posts that provide advice on what to do in the event you fail the exam). If you fail the bar exam you will not get your scores immediately. However, the bar examiners will send you your scores via regular mail right away. Most examinees receive their scores by the following Monday or Tuesday after bar results are released. The only information you will receive from the state bar website’s pass list is whether you are on the list or not. If you passed you will know because you will see your name and will be told that your name “appears on the pass list”. If you do not pass the exam, you will essentially only be told that “your name does not appear on the pass list” (this is the message that a person receives on the state bar website at http://www.calbar.org if they have not passed). This leads me to the next commonly asked question . . .

2. If I receive the message: “your name does not appear on the pass list”, could it be a mistake? Well, sure, it is possible. But, not very likely. Rumors that people have been told they failed online and then received letters in the mail that they had in fact actually passed are just that – rumors. In past years, the state bar exam website has crashed (due to high traffic). However, when this has happened examinees were simply delayed in obtaining their results until the site was up and running again. To my knowledge, the crash did not result in anyone receiving incorrect results. So, the short answer is: no, sadly, if you receive the message “your name does not appear on the pass list” then it is pretty certain indicator that you have failed the exam. I get this question quite a bit on the evening of bar results and I always feel so badly that examinees sometimes are left wondering if there could be a mistake. It just goes to prove how difficult this exam is and how you can study incredibly hard and still not pass. So don’t be too hard on yourself if you get bad news. Instead, work on figuring out why you did not pass and then address those issues.

Should you learn that you did not pass, know that you have time to come up with a solution: a game plan, a strategy for passing the next exam. (Don’t let any bar review provider pressure you into committing to a program immediately. There is time. It is important that you take some time to find the right fit for you – don’t allow yourself to be bullied. I hate to use that word, but, quite frankly some bar review providers are pretty aggressive – others are not – trust your instincts and don’t let anyone push you around).

Here’s hoping you are not looking for another bar review course, but instead are looking for where to be sworn in . . . we will provide a list of swearing in locations soon – check back – we will post this information soon.

Also, please spread the word – we will be offering workshops on “How to Pass the California Bar Exam” (See details below).

All the best to all who are waiting for results!

Our next “How to Pass the California Bar Exam” workshop will be held on Wednesday, November 28, 2012

Workshop attendees will receive free handouts (including selected Bar Exam Writing Templates). Space is limited. To reserve your space, contact us at: (949) 891-8831 or via email at: pass@barnonereview.com

Additional workshops to be held on:

Saturday, December 1, 2012  - 10:00 am – 12:30 pm (How to Pass the California Bar Exam Workshop)

December 1, will likely conclude our series of free workshops for this bar round season as we will then need to focus exclusively on our enrolled students.

 

Published in: on November 16, 2012 at 1:04 am  Leave a Comment  
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California Bar Exam Tip: California Bar Exam Model Answers Published in Los Angeles Daily Journal

The Los Angeles Daily Journal will publish our model answer to the Community Property/Professional Responsibility Question (essay number two) from the July 2012 bar exam in their “New Lawyer Supplement” bar exam results issue. The issue is available at all California law schools. We will also be happy to send you a copy of our model answer via email. Good luck to those of you who are waiting for results from the July 2012 California bar exam!

Lisa Duncanson
Program Director/Founder
Bar None Review
(949) 891-8831 or (213) 529-0990

barnonereview.com

Published in: on November 15, 2012 at 2:58 pm  Comments (2)  
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California Bar Exam Tip: What to do while waiting for bar results

Hello All,

With the July 2012 bar exam results just around the corner, many of you who are waiting are wondering whether you should study while waiting for results, and, if so, what you should study.

For guidance as to whether you should study, see my prior post here.

If you have decided that you feel the need to study during the coming weeks leading up to the bar exam, here is what I recommend:

1. Take one or two topics and simply begin conducting a light substantive review of those topics. I recommend starting with a favorite topic – something that comes easily to you.

2. If you have decided to begin studying now, keep in mind that the point of studying now, is to provide yourself with a form of insurance, should you find yourself needing to take the bar exam again. Should you find out on the 16th that you did not pass the bar exam, then you will be ahead of the game because you have already begun some studying. And, if you do pass, then you really won’t care that you gave up a few hours here and there in the weeks leading up to results. The point is not to create anxiety, but instead to alleviate anxiety. So, the goal isn’t to study for hours and hours each week leading up to the 16th. Instead, simply take on one or two subjects. Spend an hour tomorrow morning (Saturday) simply reviewing one subject. Use it as an opportunity to shake off some cobwebs and then move onto the rest of your day. Do the same thing on Sunday morning and you will have put in two hours of study this weekend.

3. If you really have a definite feeling about your performance on the last bar exam – you are just certain that you did not pass – then  I would suggest completing MBEs. I do not recommend that you conduct an extensive substantive review prior to completing MBEs. Instead, start with Torts and complete one MBE at a time – pick the best answer choice and then immediately check the explanation to see if you were correct or not. Initially you will likely miss more questions now than you were missing right before the exam. However, most of the students that I work with who are repeating the bar exam are able to get right back to the scores they were getting in practice the week before the last bar exam, by simply doing practice MBEs for about 10 to 14 days. Be sure to use MBE sources you have already used previously – this way you will be able to compare your practice scores now to where you were in practice the days leading up to the bar exam.

4. Try to make it a game. When you are completing practice MBEs tell yourself you are going to pick the correct answer and then really focus on the fact pattern, carefully read the call of the question and focus on picking the best answer. Be sure to remain positive. Again, the point of studying now is to alleviate stress not increase stress. Much of this will simply come from your attitude about beginning your studies.

Remember to do the MBEs one at a time to get the correction value – it will cause your scores to go up more quickly than doing 30 or 50 at a time AND it is less painful to do one at a time (sitting and tackling 50 MBEs in one session is pretty tough after a long break from studies and a likely lack of familiarity with the questions). Remember also that your MBE scores will usually go back up to where you were right before the exam with or without substantive review – the students I work with who are repeaters generally have their percentages back to where they were right before the exam simply by doing and correcting the MBEs.

There is no right or wrong way to return to your studies. But, I do recommend that you ease into it by simply putting in one or two hours over the weekend. Be positive about it, go somewhere you enjoy studying and tell yourself that this is just bar exam insurance – if you find out on the 16th that you passed the bar exam you really will not care about a few hours lost to studying.

All the best to all who are waiting for results!

Sincerely,

Lisa Duncanson

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

Published in: on October 26, 2012 at 9:17 am  Leave a Comment  
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July 2012 Bar Exam Tip: REST

Hello all,

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

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

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

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

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

Until then – enjoy your weekend – you deserve it!

All the best,

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

Published in: on July 28, 2012 at 8:12 am  Leave a Comment  
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July 2012 California Bar Exam Predictions – Free Essay Examples

Hello All,

I have had several requests for examples of how Van Camp and Pereira are tested on an essay. Our course materials include over 150 past California bar exam essays. However, my students are also all given extra sample essays for the topic areas that I think are most likely on that particular bar round. My students have our essay books, which provide a solid coverage of the range of essays that can be tested. But, I provide additional essay handouts for some of the areas that appear to be more likely or more probable for each bar round. Again, no one can predict this exam and I certainly do not claim to be able to predict it. I have had some bar rounds where I have come up with as many as 5 out of the 6 essay topics and even the specific sub topic (i.e., predicting defamation, not just Torts). However, this is not something I claim to be able to do every time.

You should be prepared for anything that comes your way and one of the very best ways to do that is to review past bar exam essays.

As anyone who has taken the bar and failed will tell you, simply memorizing the law is not enough. You really need to see how the concepts are tested in the context of the actual exam. If you have not spent a lot of time reviewing essays, then today would be a great day to start – it is never too late to review essays and perhaps stumble upon one or two that  you actually end up seeing on day one or day two of the bar exam. Remember, the California bar examiners repeat the same or nearly identical essays over and over again. Exams from four years ago are seen again all of the time, as are 10 year old exams – negligence is negligence, products liability is products liability, defamation is defamation . . .

My point is that there are only so many ways these topics can be tested. Therefore, reviewing past exams is an excellent way to improve your chances of understanding the issues and addressing the correct issues on exam day. Anything you see today or tomorrow, you will remember on the day of the exam.

Based upon the many requests for further explanation of certain concepts – like how does Van Camp and Pereira play out on a Community Property essay, what is/how do I handle the “primary rights” view (which is a minority and California held view) in Civil Procedure? – I have decided to provide some free essays along with additional study tips for the coming days/hours).

I will be happy to send you a copy of some of the essays that I think either help illustrate these concepts or that I think are worth reviewing right before the exam. In addition, I will be happy to send you tips regarding the coming days/hours.

How do I get the free essays and tips: If you want to receive essays along with additional tips and information about the exam, please send an email to me at: pass@barnonereview.com and include “send me essays & tips” in the subject line. Please include your first and last name and the law school you attended. (I do not release any of this information and never, ever, sell contact information that I receive from students or blog followers. Your information is kept confidential).

Further Predictions for day three: I will continue posting on my blog through the bar exam. After I know what was tested on day one, I will provide my suggestions of areas to focus on for day three’s essays (predictions of sorts). I will make these public on Tuesday afternoon while you are taking the exam. However, in order for me to do so, since I am not sitting for the test, I need to hear from examinees as to what was actually tested. My students will contact me, but, the more I hear from examinees, the more I will know and the more focused I can be about making suggestions for areas to study on day three.

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

Hang in there, I know these last few days can be tough, but, be positive and believe in yourself.

Best of luck to all who are taking the bar exam!

Also, I want to thank you all for following the blog, we have had over 10 thousand views in less than a week and the blog has now (as of this past week) received over 200,000 hits.

Thank you so much for the following and for your positive feedback via email – it is greatly appreciated.

Best,

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

Published in: on July 21, 2012 at 12:16 pm  Leave a Comment  
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California Bar Exam Predictions: July 2012 – Part Three

Hell0 All,

So far I have suggested the following topics as possible essay scenarios (please see Parts One and Two below for details): Civil Procedure, Torts (perhaps Products Liability, but, anything is possible – defamation has not been tested in a very long time . . .), Criminal Law/Procedure and Community Property.

Here is a bit more on Civil Procedure (and yes, additional essay “predictions” or essay scenarios):

Civil Procedure (possibly In Personam Jurisdiction – since the last time it was tested was on the February 2006 bar exam – along with other potential issues – Collateral Estoppel and Res Judicata are always testable. And, while I don’t think I mentioned it earlier, Class Actions has been absent for a long time as well). Just know Civil Procedure and, read my prior posts addressing Civil Procedure for more details.

Know all of the topics as well as you can – do NOT predict a subject is NOT going to be on the exam and fail to study that subject. Anyone who tells you that Property can’t be on this exam “because it was tested three bar exam administrations in a row” is flat out wrong. I am not predicting Property, but, you should be ready for it. Anything is possible . . . anything.  So, if you were to get Property, I would expect something that tested easements – perhaps in a land sale contract setting where you have a marketability of title issue (perhaps a general warranty deed discussion, notice and recording acts) or Covenants and Equitable Servitudes. These areas are not complicated. And, you might very well get tested on Property again. It is definitely not out of the question. So, just endeavor to review all that you can, don’t discount any topic and remember the bar examiners do not expect perfection. They do expect you to spot enough issues.

A few words about issue spotting: Your ability to issue spot is very, very important. Think about it . . . how can you be a good lawyer if you are unable to determine what the actual and potential issues are when given a particular set of facts? Your ability to evidence an understanding of the legal problems/issues and resolve these legal problems/issues is far more important than reciting exact rules. Show the graders that you understand the law by identifying the issues, using the facts and analyzing. This is where the points are – in your ability to identify the correct issues (both actual and potential) and apply the law (hopefully a decent definition, but, it does not have to be perfect).

The best way to improve issue spotting: The best way to improve your ability to identify the correct issues on the actual exam is to see how these issues come up in the context of actual past bar exams. I have written about this quite a bit – the value of reading past essays. If you do not know what to do for the remaining days, then spend a significant amount of your time reviewing (not testing yourself – just reading and reviewing) past essays and answers. Anything you read in the coming days you will remember on the actual test days.

Other Essay Possibilities:

Contracts and or Contract Remedies: The last time Contracts was tested was in July 2011. The July 2011 Contracts essay was a common law formation exam with no testing of remedies. While the examiners could very well test all of these same things again (common law formation, defenses to formation etc.), I think that a UCC formation and remedies exam is possible.

Also, take a look at hybrid contracts – where you have an important or significant part of the contract that is clearly a service (and therefore, governed by the Common Law) and another important or significant part of the contract (a moveable, tangible good) that is governed by the UCC. The test to use is the predominant purpose test. However – be aware of the fact that sometimes the examiners will give you a fact pattern that is a hybrid contract - where both parts of the contract (the part governed by the UCC and the part governed by the Common Law) are really both important and significant and therefore you can not simply just choose to apply the Common Law or the UCC – instead, you must treat it as a hybrid contract and apply both. When the examiners are testing you on a hybrid contract you will be given a fact pattern where this is obvious (or fairly obvious). For example, past exams have tested it in this way: Buyer contracts with Seller for the purchase and installation of a large turbine. The cost of the turbine is a majority of the cost of the contract. However, Seller is the only person/company that can install the turbine because it is being installed out in the middle of the Atlantic Ocean.

So, applying the “predominant purpose test” you could go either way (that is what makes it a hybrid contract). For example, if you used the high cost of the good as a way to evaluate the value of the contract and determine that the predominant purpose of the contract was to get the turbine, then the UCC would apply. However, if you recognize that the part of the contract for installation services (while possibly a much lower percentage of the cost of the entire contract) is very significant because the seller is the only person or company that can install the turbine (the good) then there is a good argument that the services are what is most significant about the contract. The key is to recognize that this scenario generates a discussion of how it could be either the Common Law or UCC, that you will address the predominant purpose test and then recognize that in a situation like the above hypo, that they want you to address it as a hybrid contract.

So how would remedies come up in a situation like this? Breach of the contract would result in a remedies discussion – for example Specific Performance to deliver and install the turbine. There would be obvious problems here – feasibility of the court to supervise – for example. But, you would simply address all aspects of Specific Performance and take each required point (inadequate remedy at law . . . etc.) and explain each element – how it is met or how there may be a problem with the element being met – and keep moving through it.

Professional Responsibility (duh . . . but, watch out, maybe not this time . . .). Professional Responsibility is generally a given. However, on occasion, the bar examiners skip Professional Responsibility on the essays and leave it for the Performance Test alone. However, be mindful of how rare this is: out of the past 23 bar administrations, the California bar examiners skipped Professional Responsibility on the essay portion only twice (It was tested 21 out of 23 times – 90% of the time). Still, it was left off twice . . . so this is always a possibility.

Wills or Wills/Trusts - I know Trusts was just tested. But, subjects do repeat. While it is not my first pick of subjects to repeat from the February 2012 bar exam, it is a possibility. I think that either Community Property OR Wills (possible crossed with Trusts, which is very common) could be on this exam. When you look at the statistics either is equally probable. I am leaning a bit more towards Community Property, but, be sure to be prepared for Wills (and of course any topic) as well.

Possible Repeat Subjects: Remember the bar examiners can repeat any topic they wish to repeat – and – they do repeat topics. Property was tested on the past three bar exams – and could be tested yet again. However, of the subjects that I think are possibly most likely to repeat are Evidence and/or Constitutional Law and perhaps Trusts (if you have a Wills exam for example, Trusts could easily come up again in this context). Know your Evidence approach, know how to handle form objections - I could easily see you getting a transcript style Evidence essay or simply getting an essay that asks you about a privilege (for example, marital and spousal privilege could come up as a cross over issue with Criminal Law/Procedure or Community Property. Also, know how to deal with the constitutionality of a state (or federal) statute - a very possible area to be tested would be a state statute – perhaps testing the dormant commerce clause as well as other issues. Always, always, always the bar examiners can retest any of the prior subjects and they have – First Amendment Speech was tested three times, back to back – so anything is possible.

Okay that is it for now. I have received many emails and am doing my best to respond to everyone. There are a couple of questions that have come up repeatedly and so I will likely address these in a blog post (I won’t release your name, just the question).

Keep at it, you are in the home stretch. Above all, stay positive, believe in yourself and in your abilities. This is key. Resolve to be positive and to remain calm. Encourage yourself, reassure yourself, be your own cheer leader.

Best of luck to all who are studying for the bar exam. Please feel free to email me at: pass@barnonereview.com.

Sincerely,

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

Published in: on July 20, 2012 at 1:12 am  Comments (1)  
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California Bar Exam Predictions: July 2012 – Part Two

Hello All,

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

So here are my thoughts:

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

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

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

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

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

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

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

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

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

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

NEXT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stay tuned . . . there is more to come.

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

Sincerely,

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

Published in: on July 17, 2012 at 10:57 am  Comments (5)  
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California Bar Exam Predictions: Feb 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 (just like I did for the February 2012 bar exam – here is the link to this post: February 2012 bar exam predictions – it is worth taking a look at for some of the areas that I addressed thatdid not come up as these may be more likely now).

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 slated

Since I released my predictions last time, there is now an expectation that I will provide these again this bar round. I will do this. But, I need to respect my paying students and so I can not simply give out all of my predictions today. (Last bar round, out of respect for my enrolled, paying students, I did not release my “predictions” publicly until the day before the bar exam).

, Trusts, and Corporations would all be on the last bar exam, that Property could repeat and that there would likely be – as usual – a Professional Responsibility essay. So we had a pretty good rate of “predicting” last bar round. By the way, I also felt that Civil Procedure was a possibility. Since Civil Procedure was not tested last bar round, I definitely see it as a real possibility this bar round. Most are predicting Civil Procedure this bar round and so am I.

Since I released my predictions last time, there is now an expectation that I will provide these again this bar round. I will do this. But, I need to respect my paying students and so I can not simply give out all of my predictions today. (Last bar round, out of respect for my enrolled, paying students, I did not release my “predictions” publicly until the day before the bar exam).

 

Civil Procedure: This topic is being predicted by many and is sort of an obvious possibility. Most commonly tested issues in civil procedure are: jurisdiction and collateral estoppel and res judicata. The last time in personam jurisdiction was tested was in 2006. 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. This is a very possible combination. 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. I am leaning more towards an essay that has personal jurisdiction – since it has been since 2006 that the California bar examiners have tested In Personam Jurisdiction. But, anything is possible so be prepared for everything. 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 jurisdiction or Collateral Estoppel and Res Judicata.

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 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/Procedure: Criminal Law was tested last on the July 2011 bar exam. However, Criminal Procedure has not been tested since 2010 and neither has a murder exam. (The July 2011 exam tested larceny and other possession crimes but, no murder and no procedural issues). 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.

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.

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 post 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

Published in: on July 16, 2012 at 12:52 am  Comments (6)  
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