Before I get into things, can I ask some Floridians some logistical questions:
1. Can I really not bring in my own pencils? I like mechanical pencils
2. Is a credit card and wallet ok to take in or really just an ID + "dollar bills"
3. Can I buy a bottle of water there to have at my seat? I rather not waste time running to the water fountain as I need the time for my slow typing!MC Predictions:
Procedure / Wills / Business Entities
My rationale for no evidence is primarily because of Frye
. FL evidence MC questions are typically the easiest ones on the exam with the highest percentage correct. This is with exception to the 3 or 4 offered on admission of expert testimony. With Daubert
coming in on July 1, there is no well settled interpretation in FL. Most MC questions are based on actual Supreme Court cases and FL won't have any for the new standard. It is hard to imagine them testing us on a topic with such a big recent change. They can only try to trick us by slipping in opinion testimony so many times.
I also think they may want to stay away from as much criminal stuff as possible because of the Zimmerman trial. I can't imagine the FL Bar liking the attention.Essay Predictions:
1. Contracts / Secured Transactions
2. Real Property / FL Con Law / (Secured Transactions option 2)
3. Criminal Law / just kidding... Torts / Professional Conduct
We know that one of the new subjects will be tested. Dependency was maybe tested in February. I also thing delinquency will just be added into the procedure MC questions. That gives us secured transactions, commercial paper. While I know professionalism is new too, it is an expansion of professional conduct that is pretty broad and I just mention it briefly in almost any ethics related question to scrape up a few extra points. I'm still transitioning from another bar where essays have a total of 30 points to Florida's 100 point scale.
Of secured transaction (UCC9) and commercial paper (UCC3), UCC9 is my pick. Much easier to combine UCC9 with another topic as an intertwined story. UCC3 would almost need to have a separate story like buyer paid with check, seller lost, finder changed $20 to $2000, bank paid. UCC9 can more easily wind around a story like buyer took a secured loan, had AAC clause, also had a mortgage from a different lender, also had a PMSI on inventory, someone missed filing date. UCC9 just works so well with contracts that I think that is how they will give it to us. UCC9 can also go into property but related to a fixture vs mortgage and how homestead protection against forced sale would apply (glad I'm writing this because I'm not sure how a PMSI in a fixture works with homestead if it is not in the personal property exception... thoughts?)
Homestead rarely misses an exam recently and, as others have mentioned, property has never missed more then 2 in a row. Obviously a combination that works well together and, as discussed above, another place to fit UCC9 in. In February FL Con Law only played a minor role in family law jurisdiction that many probably missed and only discussed the UCCJEA. FL Con Law has only played a minor role twice and only missed one administration of the past 8.
They need a place to test professional conduct and I believe property and contracts are needed to tag on homestead and UCC9. It's a toss up here for torts, trusts, and family law, all of which are good places to test professional conduct. Torts is my choice here. In particular, medical malpractice. It is a good place for the "yankee go home" points, never specifically tested before and also a good way for them to force us to discuss punitive damages, which they seem to love. The one problem is that it also had some recent changes but not as to the procedure that we would likely be tested on. Also a good way to test on survival and wrongful death as they too have some good Florida distinctions. I'm just happy I can just glance over most of the substantive Florida tort distinctions since most were tested in February!
This removes only trusts and family law from the essay topics tested. Trusts is an on again / off again subject and I believe it is currently off again with fitting in the new topics. While family law is a current trend, other topics have been skipped to much to keep family law in the mix for this administration. I'll still be
Comments? Questions? Concerns?
It's a lot to read but writing it really helped me understand where the exam could go.
If you all just ignore my post, good luck on the exam!