February 2012 Bar Exam: More Final Thoughts

First of all, my apologies for the formatting on my preceding post (I tried to add spacing between paragraphs, but, for some reason my blog program would not cooperate today).

Second, I think it would be worthwhile to give some thought to what might be tested if anyone one of the topics tested on July 2011 are repeated (as topics generally are repeated from one bar round to the next – see my prior post). So, to that end, I am writing now to simply cover what the examiners might do in repeating prior topics from the July 2011 exam. First of all – my top picks for repeating from July 2011 are Criminal Law (but this time murder – see my earlier post from last Sunday) and likely crossed with Criminal Procedure. My second pick would be Civil Procedure – for some reason it seems every bar review company is predicting this one. If it comes up I would expect it to involve jurisdiction (subject matter and/or personal jurisdiction as the main components and then perhaps a minor joinder or venue or remand issue).

Here are a few additional thoughts (but, please do review today’s previous post below).

If you were to be tested on Contracts (not saying that I expect it), but, if it were to repeat from July 2011 on this exam – then I would lean towards either a UCC formation or Remedies Exam (incidentally, specific performance has not been tested incredibly recently). The July bar exam tested a common law formation exam and so I would not be leaning towards seeing an exact repeat of that area, but, review it anyway because if you have a UCC Formation exam, then you will still need to address the common law in your discussion of formation – also, remember that the examiners like to see distinctions made between the UCC and the Common Law when they are testing the UCC). Still, Contracts is not my first pic for a repeat.

If you were tested on Professional Responsibility again, and statistically this is pretty likely (although, read below my comments on the fact that PTA tested PR pretty heavily and that Trusts from day one also had a coverage of duties) if it is tested, I believe it will be in one of the scenarios I listed previously (see prior post and link in that post to my earlier predictions). Also, I think it would be mighty tricky/sneaky of the bar examiners to test some of the advertising areas (since that involves commercial speech and they have been known to even test a topic from day one’s essays on day three’s essays). Still, I think it is more likely that you would see conflict of interest issues, perhaps in the dating or sexual relationship area in Professional Responsibility (the examiners like this area – as in it is tested pretty often – and it has not been tested real recently).

Real Property (this one was tested back to back on the July 2011 and February 2011 bar exam). As a result, most people would write it off. I would NOT write it off. Do I think it will show up as a full essay? No. But, it certainly could repeat (yes, three times in a row) as a cross-over with another topics. Topics that were most recently tested (July 2011: Joint Tenancy, Tenancy in Common, Fee Simple Subject to Condition Subsequent, Restraint on Alienation, Ouster by Adverse Possession. February 2011: Landlord Tenant Context – but, not your typical LL/T – it included coverage of easement, equitable servitudes, covenants). So, what could be tested if RP was tested again? Perhaps a deed issue or mortgage issue or land sale contract issue – still it is not my first pick for what could repeat and if it were to repeat, I am leaning more towards a crossover here).

Criminal Law/Procedure – the bar examiners list these topics together and so on the July 2011 bar exam, while only Criminal Law was tested, it was listed as Criminal Law and Procedure. I have already indicated in my prior posts what I think about this topic and the likelihood of it showing up. Please refer to my preceding post and the links there to my initial February 2012 Bar Exam Predictions/Essay Scenarios.

Okay, that is really it for now. Please review the prior posts from the past few days and be sure to review my initial February 2012 Predictions as well (there is a link to these predictions at the end of this post under “Related Articles”. Above all, review what you feel you need to review (what you would be least comfortable having to face tomorrow morning). Stay positive, you are 2/3 of the way done! Congratulations!

All the best,

Lisa Duncanson

Program Director/Founder
Bar None Review