Congratulations on completing day one and day two of the California bar exam!
So far all of the topics that were tested on day one (on the essays) were on my list of predictions. As a result, I do not have real changes to the predictions since nothing tested on day one was off my list. However, I do have a few final thoughts and a few downloads for you that may assist you in the event that you see either Evidence or Constitutional Law tomorrow.
If you have not seen my predictions yet, see my blog post from a few days ago with a list of predictions here
Based upon what was tested on Day One, I still think you could see Constitutional Law and/or Evidence. In case you would like a shorthand approach for Evidence, you can download one here and if you would like to review a sample Evidence Transcript style essay, complete with form objections, you can download a past Evidence Transcript style essay here. Also, here is a Constitutional Law essay that I highly recommend reading and reviewing the answers to (as these areas of Constitutional Law have not been tested since 2005).
Beware of cross-overs! Typically each bar round there are 8 topics tested on the essays – meaning two of the essays are cross-over essays. Since Day One did not seem to have cross-overs (and remember I have not seen the actual exam yet, so I am going completely off of examinee reports) I would expect to see at least one essay that is a cross-over essay. In the past, the California bar has tested a cross-over essay with Community Property, Wills and Evidence. It happens and when it does the calls of the question usually refer to each of the separate topics. In other words, you will likely be told what to write on if you have a cross-over that contains three subjects. It is not as common as seeing Criminal Law crossed with Criminal Procedure, but it happens. And since I still think murder (see below) could be on the exam, perhaps it could show up with Evidence, just a thought.