Just wanted to wish everyone taking day three of the California bar exam all the best of luck today!
Some final thoughts on the essays – some subjects repeat back to back three times. Thinking about that, the possibility of Torts showing up a third time in a row (it was tested in February 2013 and as a cross over with Remedies last July) comes to mind. I don’t see it on anyone’s list of “predicted” subjects – which makes sense because most would not expect a subject to appear three times in a row. But, the bar examiners often repeat subjects from one bar round to the next and sometimes do it as many as three times back to back. So, that being said, Torts (along with anything) is definitely possible. It would be a wildcard and completely unexpected by most.
If Torts were tested I would think that it would be in one of the areas that is either a frequently tested area or an area that has not been tested in a long time. Negligence is the most heavily tested area in Torts. It was last tested a year ago on the February 2013 bar exam in the context of Products Liability. I think what could be more likely (should Torts come up at all, and remember this is a wild card from my perspective) would be some of the lesser tested areas like abuse of process and malicious prosecution (could be crossed over with Negligence or even professional responsibility) or abnormally dangerous activities (which was last tested on the essay in February of 2008). Just something to think about.
Remember, anything is possible . . . which is something that most examinees – and most bar review providers – seem to forget.
All the best to you today!