California Bar Exam – The Bar Exam Cram Sheets – Excerpts

Hello All,

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

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

Wishing everyone the very best in their studies!

 

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Evidence Bar Exam Cram Sheet Preview

 

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

Bar Exam Cram Session – Online Enrollment Available for Orange County Session

Enrollment for our upcoming Orange County, Two Day Bar Exam Cram Sessions is now available online. There are still a few spaces available in our June 29th and 30th Bar Exam Cram Session.

June 29th and 30th – Two Day Cram Session – Orange County (located in the city of Orange, close to the 5 and 57 freeways, class hours are: Saturday – 9:00 am to 6:00 pm and Sunday – 9:00 am to 6:00 pm). To register for the Orange County Two Day Bar Exam Cram Session, click on the link below:

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Note: To finalize your enrollment, please complete the form below.

To enroll in the following Two Day Bar Exam Cram Sessions, contact us at: pass@barnonereview.com

July 13th and 14th – Two Day Cram Session – Los Angeles (Class hours are 9:00 am to 6:00 pm on both days)

July 18th and 19th – Two Day Cram Session – Sacramento ENROLLMENT IS CLOSED

Best of luck to all who are studying for the July 2013 Bar Exam!

California Bar Exam Tips: Free Workshops and Free Score Review

Hello All,

If you failed the February 2013 bar exam, you should know that you are not alone. The complete statistics will be available on the California bar website soon. Each year, pass rates for the February bar exams are usually lower than the pass rates for July. Typically, the February bar exam pass rates range between 39% and 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

Our next free “How To Pass The California Bar Exam Workshop” will be held on May 22nd. We will host additional workshops, but we always suggest that you attend as soon as possible to allow yourself the greatest opportunity to benefit from the strategies and techniques covered in our workshops. Here are the details for next week’s workshop:

Los Angeles County Workshop
“How to Pass the California Bar Exam”
Date: Wednesday, May 22nd from 7:00 pm to 9:30 pm
Instructor: Professor Duncanson
Location: Los Angeles, California (adjacent to the 405 freeway, parking is free)

Workshop attendees will receive handouts (including free bar exam writing templates and MBE handouts), instruction on how to write for the California bar examiners, test taking strategies and techniques, how to simply make sense of failing and move forward as well has have an opportunity to meet with our course instructor. This workshop will be taught by Professor Duncanson (Bar None Review Bar Review course founder and author of The Bar Exam Guru Blog).

Space is limited. To make a reservation for this workshop, please contact us via email at: pass@barnonereview.com or you may call us at: (213) 529-0990 or (949) 891-8831.

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 leave a comment here on my blog or to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

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

February Bar Exam: How to Pass the California Bar Exam Workshop

Hello All,

Mark your calendars – we will offer another workshop next week! Space is limited, please email us at: pass@barnonereview.com or call (213) 529-0990 or (949) 891-8831 for more details and to make a reservation.

Los Angeles County Workshop
“How to Pass the California Bar Exam”
Date: Wednesday, December 12, 2012 from 6:30 to 9:30 pm
Instructor: Professor Duncanson
Location: Los Angeles, California (adjacent to the 405 freeway, parking is free)

Workshop attendees will receive handouts (including free bar exam writing templates and MBE handouts), instruction on how to write for the California bar examiners, test taking strategies and techniques as well as have the opportunity to meet with our course instructor. The above workshops will be taught by Professor Duncanson (Bar None Review Bar Review course founder and author of The Bar Exam Guru Blog). More details to follow!

Space is limited. To make a reservation for this workshop, please contact us via email at: pass@barnonereview.com or you may call us at: (213) 529-0990 or (949) 891-8831.

Bar None Review

(213) 529-0990

(949) 891-8831

Bar Exam Repeaters: Free Workshops to Demystify the Bar Exam

Hello All,

If you have just failed the bar exam, you are no doubt trying to figure out what went wrong, what your scores mean, and most importantly you are trying to figure out what to do differently the next time to make sure you pass. The bar exam is not an I.Q. test. It is, simply, a test, and a very difficult one at that. You have found out the hard way that putting in hundreds of hours into studying has not worked, that it takes something else, something more than that. Passing the bar exam takes hard work, everyone knows that. But, it also requires an understanding of what the California Bar Examiners are looking for (both on the written and MBE portions of the exam).

Our “How to Pass the California Bar Exam” workshops not only provide instruction on how to pass the California bar exam, but also provide insight into what your scores really mean and what you can do differently next time to make sure that you pass the California bar exam.

See below for a list of our upcoming workshops. Space is limited, please email us at: pass@barnonereview.com or call (213) 529-0990 or (949) 891-8831 to make a reservation.

I wish you all the very best in your studies.

FREE WORKSHOPS: 

Orange County Workshop
“How to Pass the California Bar Exam”
Date: Wednesday, November 28, 2012 from 6:30 pm to 9:30 pm
Instructor: Professor Duncanson
Location: Orange, California (adjacent to the 5 and 57 freeways)

Los Angeles County Workshop
“How to Pass the California Bar Exam & Review of July 2012 Bar Exam”
Date: Saturday, December 1, 2012 from 10:00 am to 1:30 pm
Instructor: Professor Duncanson
Location: Los Angeles, California (adjacent to the 405 freeway)

Workshop attendees will receive free handouts (including free bar exam writing templates and MBE handouts), instruction on how to write for the California bar examiners, test taking strategies and techniques as well as have the opportunity to meet with our course instructor. The above workshops will be taught by Professor Duncanson (Bar None Review Bar Review course founder and author of The Bar Exam Guru Blog).

Space is limited. To make a reservation for one of the upcoming workshops, please contact us via email at: pass@barnonereview.com or you may call us at: (213) 529-0990 or (949) 891-8831.

Bar None Review

(213) 529-0990

(949) 891-8831

February 2013 Bar Exam: Free “How to Pass the Bar Exam Workshops”

FREE WORKSHOPS: 

Orange County Workshop
“How to Pass the California Bar Exam”
Date: Wednesday, November 28, 2012 from 6:30 pm to 9:30 pm
Instructor: Professor Duncanson
Location: Orange, California (adjacent to the 5 and 57 freeways)

Los Angeles County Workshop
“How to Pass the California Bar Exam & Review of July 2012 Bar Exam”
Date: Saturday, December 1, 2012 from 10:00 am to 1:30 pm
Instructor: Professor Duncanson
Location: Los Angeles, California (adjacent to the 405 freeway)

Workshop attendees will receive free handouts (including free bar exam writing templates and MBE handouts), instruction on how to write for the California bar examiners, test taking strategies and techniques as well as have the opportunity to meet with our course instructor. The above workshops will be taught by Professor Duncanson (Bar None Review Bar Review course founder and author of The Bar Exam Guru Blog).

Space is limited. To make a reservation for one of the upcoming workshops, please contact us via email at: pass@barnonereview.com or you may call us at: (213) 529-0990 or (949) 891-8831.

Best regards,

The Bar Exam Guru
Bar None Review
(213) 529-0990
(949) 891-8831

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.

 

February 2013 Bar Exam Study Tips: Begin Your Studies Early

Hello Everyone,

If you are taking the February bar exam, then I recommend that you begin (if you have not already begun) your studies now.  It is never too early to start preparing for the bar exam.  If you are in your last semester of law school you are probably busy with your final classes and perhaps looking into or seeking employment opportunities.  While these are both important, you should not delay in preparing for your next major hurdle – that of passing the bar exam.  If you have not already chosen a bar review program, then you had better get going on that very quickly.  Whether you have enrolled in a course or not, I recommend that you begin your studies now.

Here is what I recommend (for first time takers):

1.     Prepare for your bar prep by determining where you will study when you are not in class (will it be your bedroom, an office, a library?  Think about it and make a plan).

2.     Make a list of your best and worst subjects in law school.

3.     Identify your strengths and weaknesses early (for example, do you have trouble with MBEs or with writing?  You ought to know by now which areas you have difficulty with in terms of testing.  This will be important as you will want to devote more time to the areas that present the most trouble).

4.     Set aside time now, each week, to study for the bar.  Your bar class will likely not begin until after you graduate from law school.  However, you should NOT postpone your studies until then.  Instead, begin taking practice mbes so that you can begin to familiarize yourself with the format of the bar exam and re-acquaint yourself with subjects that you have not studied in a long time. if you are currently in law school and about to take the February 2012 bar exam, I recommend that you devote four hours per week during the months of October and November to early bar study.

5.     Begin preparing your family and friends for your upcoming unavailability (see our post about “disconnecting” during bar studies).  Your family and friends know what it has been like to have you in law school.  They certainly remember that you have midterms and finals and that during those few weeks each year that you were probably unavailable or less available.  However, they may not have an appreciation for the battle that is ahead of you when you begin your preparations for the bar exam.  You will do yourself a great service in explaining to everyone now what this process will require.  Let your family and friends know that you will be unavailable once you begin your bar review program.

It is very helpful to prepare those around you for your absence.  I am not suggesting that you don’t talk to anyone at all for two months.  However, if you are serious about passing the bar exam, you will limit your social activity and focus on your studies.  To really have an excellent chance of passing the bar on your first attempt (or any attempt for that matter) you will need to study all day and everyday for two months.  During this two month period of time you will need to take breaks.  BUT, you will not have time to go out several nights a week, to take lots of phone calls, spend copious amounts of time emailing and text messaging and surfing the net.

Stay tuned for more advice in the coming days and weeks.  Also, if you are interested in receiving our free MBE handouts, send us an email at: pass@barnonereview.com

Congratulations to all of you who are about to graduate from law school and good luck to all who are awaiting bar results from the July 2012 bar exam!

Sincerely,

Lisa Duncanson

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

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 RemediesThe 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

California Bar Exam Predictions: July 2012 – Part Two

Hello All,

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

So here are my thoughts:

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

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

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

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

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

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

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

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

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

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

NEXT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stay tuned . . . there is more to come.

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

Sincerely,

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

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