Here are some additional thoughts on what might show up on the essays on Tuesday.
I believe that the odds of seeing Evidence are pretty high. It is a frequently tested topic and was not on the February 2018 bar exam. There are three ways you may see Evidence: 1) as a cross-over (it was tested this way on the July 2017 bar exam), 2) as a straightforward evidence essay (see February 2017 for an example) or 3) the more rare, a transcript style evidence essay.
Evidence as a transcript style essay: Be prepared for the possibility of a transcript style Evidence essay. Remember if you see this type of Evidence exam that you need to look to discuss form objections (like: Leading, non-responsive, etc.) and also, since it is a racehorse exam, you will likely need to discuss relevance in a very truncated way (in other words, get in, get out). If you have no idea what a transcript style essay is – not to worry – here is an example of a transcript style essay you can download.
While transcript style essays are not as common, this format has not been tested in some time and is therefore “due.” Be prepared to address form objections and all areas of evidence. Know your approach. Hearsay is the most commonly tested area of evidence. Other commonly tested areas are: Spousal and Marital Communications Privilege, Judicial Notice has not been tested in a long time, so watch out for that. Also, the California privileges (in evidence) have yet to be tested.
Business Organizations – last time tested: February 2017 – Business Organizations is often tested in conjunction with Professional Responsibility. You should know that a favorite of the California bar examiners of late has been partnerships and or corporations that are formed for the purpose of providing legal services.
The issue that seems to be a hot topic on these exams is: a lawyer assisting a non-lawyer in the practice of law. This area is highly testable.
I will write more soon.
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All the best in your studies!
Lisa Duncanson Bar Exam Guru www.barnonereview.com