California Bar Exam Predictions – The Short List

Leave a comment

Hello all,

First of all I want to wish you all the very best of luck in your studies and I want to thank you for following my blog. I am truly humbled by the responses from examinees who have sent emails – thank you so much. If you would like to reach me directly, please feel free to send me an email at: barexamguru@yahoo.com

If you have been following my blog you will know that I do not really like to call my “predictions” predictions. I do not claim to be able to predict the bar exam. I have simply come up with what I call essay scenarios that I think might be worth considering.

Please understand that my students who pay to take my course do not appreciate it if I release our “predictions” weeks in advance to the world. They pay for the privilege of our insights – at least they see it that way. So it simply isn’t fair to give away part of what they pay for to everyone else for free. In past rounds I have not made this available outside of our course.

A bit about the “Predictions”

First of all, I do not claim (nor would I ever claim) that I could predict what is going to be tested on the bar exam. However, I do think it is worthwhile to think about some possible essay scenarios when studying in the coming days. I also think that it makes sense to spend some time on topics that we have not seen on the exam in some time. However, any topic could show up on the bar exam. And, you should expect to see some of the topics that were tested on the February 2017 bar exam, to repeat on the July 2017 bar exam. Typically two or even three subjects will repeat from one bar exam to the very next bar exam. Also, in the past, out of six essays you would expect to see testing of about 8 topics (this allowed for cross-over essays). With only five essays, I would still expect to see at least one or two (maybe even more) cross-over essays.

Note: if a topic does not make my list, that does NOT mean it is not going to show up on the bar exam. You need to be prepared for EVERY topic. My coverage below is simply a suggested emphasis and by no means should you interpret this to mean that something should be excluded from your studies. ALL subjects are testable and all subjects can repeat, back to back, from one bar round to the next. You can almost bet that if you decide to leave a subject alone, that it will appear on the exam.

Why should I review past exams today? Reviewing past exams – right before the actual exam – will improve your chances of spotting the correct issues. Anytime you review an essay (and study the answer) it is really is a substantive review. By reviewing 3 or 4 Civil Procedure essays in a row, you will have a much better understanding of how to approach the subject if it shows up on the exam.

By the way, I believe Civil Procedure is likely (see “Short List” below). Of course, it may or may not be there. But, if it is, it would probably be nice to know that this may be the beginning (finally) of a trend toward California Civil Procedure. If it is, Notice and Code Pleading create a nice federal and California distinction point. The issue of additur (where a judge increases a jury award) also creates a nice federal and California distinction point. In cases of additur, it is available in California but NOT in federal courts as it violates the 7th Amendment right to a jury trial.  Many things are “due” or “up”. All of this being said – no one can predict this exam. Nor should you direct your studies away from a topic because it isn’t on someone’s list of predicted topics. That would be very, very foolish.

So all of that being said, here are a few thoughts on what I think could be tested:

The old, 3-day exam versus the new, 2-day exam and what it potentially means in term of subject coverage: In the past, when there were 6 essays, the Bar Examiners historically tested 8 or 9 topics (spread out over the 6 essays). Now that there are only 5 essays, I think you can still expect to see 7 to 9 topics tested as the examiners frequently test cross-over exams.

SHORT LIST of possibles (see detail in next post):

Criminal Law (Murder) or Torts (If Criminal Law Murder – possibly alone or crossed with Criminal Procedure or Evidence. If Torts – most any area if possible – but longest ago in terms of testing are Negligence and Products Liability.

Constitutional Law (Possibly First Amendment or Dormant Commerce Clause)

Professional Responsibility (look out for attorney advertising or assisting a non-lawyer in the unlicensed practice of law, and ALWAYS duty to avoid conflict of interests and duty of loyalty, more details in the “Detail” post)

Civil Procedure (jurisdictional issues are most commonly tested, but Res Judicata and Collateral Estoppel are a bit due. Also look out for: issues of remittitur/additur, pleading issues (like notice and code pleading), 7th Amendment right to a jury trial as these issues can come up as short answer, tack-on issues. The last time Civ Prop was tested (July 2016) California Civil Procedure came up for the very first time. This may be the beginning (finally) of a trend toward California Civil Procedure. If it is, Notice and Code Pleading create a nice federal and California distinction point. The issue of additur (where a judge increases a jury award) also creates a nice federal and California distinction point. In cases of additur, it is available in California but NOT in federal courts as it violates the 7th Amendment right to a jury trial.

Community Property (Possibly valuation of separate property business, personal injury award, time rule for determining community property interest of pension, retirement or reimbursement for education or license. Always be on look out for transmutation issue).

*Property or Contracts

If Property: (possibly landlord/tenant or landlord/tenant crossed with covenants and equitable servitudes). Property was last tested on the July 2016 bar exam. At that time, I was predicting either Easements (specifically in the land sale contract area) or Landlord/Tenant. Since the bar tested easements in the land-sale context that round, I am leaning more towards a Landlord/Tenant exam (if you see property at all on the essays) and possibly crossed over a non-assignment or non-sublease clause and covenants (for example, a covenant restricting what can be done on the land, a sublessee takes possession and starts breaching the covenant. Can the covenant be enforced against the sublessee? Is there another remedy available – perhaps enforcing the restriction as an equitable servitude? Don’t freak out. Just know that if there is a covenant on your exam that you should discuss both covenants and equitable servitudes as these most always go together. This is a scenario, in the landlord/tenant context that we have not seen tested in a while and as a result, it may be due.

If Contracts: While both of these topics are possible, I am leaning towards a possible: “either Property or Contracts” on this upcoming exam. Property and Contracts are a bit hard to predict for this bar round given the testing on the February 2017 exam. While neither Property or Contracts was really tested outright on the February 2017 exam essays, the bar examiners sort of tip-toed in the areas of both Property and Contracts (I am talking about the Tort/Remedies exam that tested Fraud and Misrep and Remedies).

Possible Repeat topics: (Remember – historically the California bar examiners repeat two or three topics from one bar round to the next. This includes the expected Professional Responsibility essay, which is rarely skipped).

Remedies as a possible repeat topic: Say what? Yes, it could repeat, anything can repeat. Remedies is on many bar exams back to back. What was not tested last bar round in Remedies: Injunction or Contract Remedies

Evidence as a possible repeat topic/crossover topic: Possibly as a cross-over with another topic – for example: Marital/Spousal Privilege, Attorney-Client Privilege or Hearsay issue crossed over with another subject. Be sure to know these privileges and rules and especially know the California/Federal distinctions in Marital and Spousal Privilege.

Professional Responsibility usually repeats (as listed above) Note: Per the California  State Bar Examiners own rules, PR will be on either the essay portion or on the performance test every bar round).

Criminal Law and Criminal Procedure possible repeat topic. Even though this subject made the main list of possibles, it really would be (if tested) a repeat. But, it has been so long since murder has been tested that I believe it is highly likely it will come up within the next year. It may be more likely to be on the February 2018 bar exam. BUT, if it were me taking the exam this July, I would most definitely be prepared for Criminal Law Murder or Criminal Law Murder with Criminal Procedure.

Keep in mind that anything can be tested. Do not dismiss any topic. First Amendment Speech was once tested three times back to back. Many other subjects have been tested three times in a row. Anything is possible. However, the above “predictions” are what I believe may be more probable essay scenarios for the July 2017 bar exam.

Remember that you can accomplish so much in these final hours. Tomorrow, you will be relying in part on short term memory, so make certain that you study well and review writing approaches. I am always stunned at how some examinees will say: “If I don’t already know it now, it is too late”. That could not be more untrue. It is NOT too late. Study essay approaches and read essays!

I wish all who are studying for this exam the very best of luck!

Sincerely,

Lisa Duncanson
Bar Exam Guru
Founder/Program Director
Bar None Review and Bar Exam Cram Session

Bar Exam Cram Session Live Streamed!

Leave a comment

Hello All,

With fewer than three weeks remaining to study for the bar exam, time is critical. What will you do to ensure success on the exam?

One of the main reasons examinees fail is not for lack of studying, but for lack of studying the right material. In order to navigate 6 1/2 hours of testing on day one and 6 hours of testing on day two, you need to have a strategy. For success on the essays it requires far more than rote memorization. Approaches (for the essays, the MBEs and for the performance test) are critical.  I will be writing more in the coming days about how to memorize and prepare in these final weeks leading up to the bar exam.

We still have a few spots left in the July 8 and 9 Bar Exam Cram Session (this weekend) in Los Angeles. If you can not attend in person, but do not want to miss out on this bar passing weekend, you can sign up for our live stream!

Students who attend this session receive our Digging Deeper into the Bar Exam Series (a weekly email support series) containing additional predictions, study advice and strategy as well as our method and strategies for improving your MBE score, sample essays and answers based upon the predictions and on the most commonly tested essay scenarios. Students will also receive (as part of the Digging Deeper into the Bar Exam Series) approaches and advice for the new, 90 minute Performance Test and selected videos covering study tips, exam predictions and approaches). In addition, Students will learn how to adapt (their studies, timing and strategy) to the new two-day format.

Past students have taken our Bar Exam Cram Session and improved their scaled score by over 200 points by utilizing the techniques and step-by-step essay approaches that are taught not only over the course of this weekend, but leading up through the bar exam. Each student receives a Ten Day Study Plan to utilize in the final days leading up to the bar exam as well as instruction on how to study over the few weeks. Don’t miss out, sign up today!

If you are not ready for this:

Screen Shot 2017-05-19 at 4.00.19 PM

Then sign up for this: The Bar Exam Cram Session 

Screen Shot 2016-02-04 at 5.07.02 PM

Note: Live streaming must be purchased by Thursday, July 6 to ensure your “seat” in the online program. For a limited time, use promotional code: BAREXAMGURU and receive $100.00 off the course fee.

For more information, contact Bar None Review at: 213-529-0990.

All the best in your studies!

Sincerely,

Lisa Duncanson
Founder/Program Director
213-529-0990
Bar None Review and Bar Exam Cram Session

Bar Exam Cram Live Streamed!

Leave a comment

Hello All,

We still have a few spots left in the June 3 and 4 Bar Exam Cram Session (this weekend) in Los Angeles. If you can not attend in person, but do not want to miss out on this bar passing weekend, you can sign up for our live stream!

Students who attend this session receive our weekly Digging Deeper into the Bar Exam Series (a weekly email support series) containing additional predictions, study advice and strategy as well as our method and strategies for improving your MBE score, sample essays and answers based upon the predictions and on the most commonly tested essay scenarios. Students will also receive (as part of the Digging Deeper into the Bar Exam Series) approaches and advice for the new, 90 minute Performance Test and selected videos covering study tips, exam predictions and approaches). In addition, Students will learn how to adapt (their studies, timing and strategy) to the new two-day format.

Past students have taken our Bar Exam Cram Session and improved their scaled score by over 200 points by utilizing the techniques and step-by-step essay approaches that are taught not only over the course of this weekend, but leading up through the bar exam. Each student receives a Ten Day Study Plan to utilize in the final days leading up to the bar exam as well as instruction on how to study over the next six weeks. Don’t miss out, sign up today!

Note: Live streaming must be purchased by Thursday, June 1st to ensure your “seat” in the online program.

For more information, contact Bar None Review at: 213-529-0990.

All the best in your studies!

Sincerely,

Lisa Duncanson
Founder/Program Director
213-529-0990
Bar None Review and Bar Exam Cram Session

California Bar Exam Essay & PTs Released

2 Comments

Hello all,

The California bar examiners have released the essays and performance tests from the February 2017 bar exam. You can find all six essays, as well as performance test A and B, here: February 2017 Bar Exam Essays and PTs

Bar results for the February 2017 bar exam will come out on May 12, 2017 – just one month from today!

As of July 2017, the California bar exam will cease to be a three day bar exam. Will it become easier? Will pass rates go up? How should examinees prepare differently for a two day bar exam? My thoughts on this soon in a future post. In the meantime, we will be providing issue analysis for the essays from this last three day bar exam. Stay tuned as I will be posting these soon!

All the best of luck to those who are waiting on results!

Sincerely,

Lisa Duncanson
Bar Exam Guru
Founder/Program Director Bar None Review and Bar Exam Cram Session
www.barnonereview.com
www.barexamcramsession.com
213-529-0990
pass@barnonereview.com

California Bar Exam: Free Workshop, Predictions & More

4 Comments

Hello all,

Thank you for following the Bar Exam Guru blog! We have now had over 800,000 views. I am humbled and grateful for the followers.

Due to the high demand of our free “How to Pass the California Bar Exam” Workshop, I will be teaching a second workshop to be held this Wednesday, June 1st from 7:00 pm to 9:30 pm. This session will be held in Orange County.

As a bonus, I will be covering the Performance Test and will address some early predictions for the July 2016 bar exam.

Class fills up quickly, so be sure to reserve your space early!

Students will receive a free copy of our Guide to Passing the California Bar Exam as well as free bar exam writing templates. The workshop will provide substantive coverage on how to successfully write for the California bar examiners. Get answers to when and where you should include California distinctions, how long is a typical passing essay answer, learn the proper form and structure of a solidly passing essay and performance test. And, as time allows, we will discuss strategies for the MBE.

Come and learn how to develop a plan for succeeding on the July 2016 bar exam. Space is limited. Reserve your space today!

BNR Classroom Image

Good Luck on Bar Results Tonight!

Leave a comment

Hello all,

Bar results for the California bar exam will be released this evening at 6:00 pm.

Wishing everyone who is waiting for results all the best of luck tonight! And, for those of you who are about to begin studying for the July 2016 bar exam, check out our newly designed website at: BarNoneReview.com

Sincerely,

Lisa Duncanson
Founder/Program Director
Bar None Review and Bar Exam Cram Session
(213) 529-0990