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
Final thoughts and Free Handouts
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).
I still think you could see Community Property or Corporations. I am leaning slightly heavier towards seeing a Corporations essay now given that everything tested on the first day of the bar exam was an MBE topic (remember, Civil Procedure is now an MBE topic).
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.
Beware of Criminal Law Murder STILL! While it would seem a little unusual to see Criminal Procedure on day one’s essays and then see Criminal Law Murder on day three’s essays, it is not an impossible scenario. Remember, that the bar exam has tested the same subject (different topics and issues) twice on the same bar exam. Professional Responsibility has shown up on both day one and day three’s essays. So has Remedies, Contracts and Torts. Just keep this in mind and do not write off the possibility of getting a murder exam tomorrow.
I do think you have to have at least one non-MBE topic tomorrow. This could be Professional Responsibility, or any of the non-MBE topics. But, remember, the examiners could skip Professional Responsibility on the essays and test it on the Performance Test instead.
The most important thing for you to do is to put today and Tuesday behind you and not think about it anymore. If you feel you missed things or could have done better, then you feel like everyone else (including myself when I took the bar exam and passed it)!
So put it behind you, do not entertain anyone else’s version of what was supposedly tested or what you supposedly should have written. Yesterday and today are behind you (congratulations)!
Believe in yourself, review what you can this evening, be confident, make an effort to relax, and to be positive.
Maintaining a positive attitude tonight and tomorrow is important, it is critical. So make the effort to be positive – choose this attitude, choose to believe in yourself.
All the best of luck to you tomorrow!
Founder/Program Director Bar Exam Cram Session and Bar None Review