California Bar Exam Predictions, Continued: February 2011

Hello All,

It is Wednesday night, the night before day three of the California bar exam (actually, it is 12:05 am of Thursday morning now). It is late, but, I am posting as I know some of you will still be up.

First of all, congratulations to those of you who are on your way to day three of the California bar exam!  You are almost done!

This evening I spent quite a bit of time on the phone with my students discussing possible essay testing scenarios for tomorrow as well as reviewing these areas and simply calming the typical bar exam nerves. While it is not realistic to think one can predict the bar exam, it doesn’t hurt to speculate, especially the night before. I would never suggest that someone direct their review period (the months preceding the bar exam) based upon predictions of what might or might not show up. However, it is harmless and even comforting, in the days leading up to the test to attempt to project some of the essay scenarios/combinations that might show up. We did have good luck on day one as three of the essay topics we predicted showed up.

As for what might come up tomorrow, here are my thoughts:

Professional Responsibility typically shows up on the essay section most every bar exam. So that is an easy one to predict. However, this could be one of those bar exams where the examiners put it on the Performance Test instead. Do I think that the examiners will do that this round (leave PR for the PT)? No. But, keep in mind . . . they could.

I mentioned in one of my prior posts that typically the examiners repeat two to three topics from one bar round to the next (one of these repeats is usually Professional Responsibility). Given that nothing has repeated so far on the essays – any of the six are candidates. I am leaning towards the following possibilities:

Civil Procedure (most would predict this simply from the fact that it was not on the July 2010 exam), Criminal Law/Procedure, possibly Evidence. I originally had thought either Tort Remedies or Defamation – but, the PT contained an injunction issue . . . so this changes my initial essay prediction of a Tort Remedies essay (not that Tort Remedies couldn’t still come up on the essays – I just feel that now, with the injunction issue on the PT that it could either mean Remedies is off the table for the essays – or perhaps Torts will be tested in another context – or that you could get a Tort Remedies/Contract Remedies cross-over.

I also originally was thinking that if Torts were not tested that perhaps Corporations in the 10b5/16b context could come up (see my previous post from two days ago for more explanation of this and other possible topics).

In addition to the above, I would not be surprised if there were cross-over essays tomorrow. Please see my previous post from two days ago for further discussion of “predictions” and of topics that are good candidates for cross-over testing.

Good luck to all who are taking the February bar exam! And, thank you for spreading the word – we have had over two thousand hits this week on our blog! Thank you for reading.


Lisa Duncanson