2015 February California Bar Exam Forum

[Evaly]

Another question for you guys. Is there is difference between undue influence for trusts versus for wills? I know for wills you look at the susceptibility, motive, opportunity and causation + statutory / common law test. What about for trusts?

[morescotchplease]

Another question for you guys. Is there is difference between undue influence for trusts versus for wills? I know for wills you look at the susceptibility, motive, opportunity and causation + statutory / common law test. What about for trusts?

there isn't a specific element-by-element undue influence test for trust (at least for bar exam purposes). What you need to know for trusts is that if there is fraud, constructive trust/resulting trust will kick in.

[reasonable troll]

Strategy question:

Has anyone looked at how common it is for the same essay subject to be hit twice in any one administration? Obviously there aren't going to be two straight contracts questions, but what about repeat coverage for crossovers like PR? If double coverage happens with any regularity, are there particular subjects (like PR or remedies) that are more likely candidates for the double down?

Wondering because I'd like to do some essay review on Wednesday, and if I can throw out some or all of the topics that get covered on Tuesday, it will reduce the amount of crap I'm trying to keep crammed in my brain.

TIA!

[CourtneyElizabeth]

I'm pretty sure there hasn't been any doubling up. The only thing is you MIGHT see a PR issue on a PT on day three even though there was a full PR essay or something on day one.

[BobbyBooBoo]

I'm pretty sure there hasn't been any doubling up. The only thing is you MIGHT see a PR issue on a PT on day three even though there was a full PR essay or something on day one.

Yeah PR has been doubled down a couple of times. I think contracts has appeared by itself and partially with a remedies question. Can't think of anything else.

PR has been known to be just about a cross-over with every category. I think it was a cross-over even with evidence once.

[Elms]

http://admissions.calbar.ca.gov/Portals ... nswers.pdf

Look at page 2 for the essay topics that administration (July 2009). There were TWO civ pro and a hell of a lot of PR essays going on!!!

But as far as I can tell that's the only year things were that crazy. The only thing I'm going to worry about seeing twice is PR.

[BobbyBooBoo]

Question on equitable servitudes and remedies.

If someone is seeking a injunction, equitable servitudes is the proper substantive claim to bring, however, does a equitable servitude analysis apply even for preliminary injunctions as opposed to permanent injunctions?

I'm just prepping for a remedy cross-over with either torts, property, or contracts. Gonna ignore any possible remedies that come up under wills/trusts.

I reckon remedies could only come up in two property situations, what a landlord can bring in the case of a hold-over tenant, and when you have a real covenant vs. equitable servitudes situation.

Anyone else agree that this is possible areas to hit remedies on in terms of real property? I'm not expecting any quitclaim deed issues with adverse possession.

Edit: Still gonna focus on Cy Pre as a remedy for wills/trust.

[JJDancer]

I think more than one question had evidence on it in July but I think that was on the same day?

I've seen PR and Contracts doubling up (in essays with multiple subjects)

[CourtneyElizabeth]

I decided I'm just going to pray there isn't a property question and focus my attention on everything else haha.
I hated the pure remedies question a couple of tests ago. I think I got a 55 on it. Garbage.

[reasonable troll]

Thanks everyone!

Cannot wait for it to be this time next week.

[morescotchplease]

Thanks everyone!

Cannot wait for it to be this time next week.

more like 2 more weeks after that, where the misery wears off a bit...pretty sure I won't be feeling good after the exam one way or another.

[redblueyellow]

Question on equitable servitudes and remedies.

If someone is seeking a injunction, equitable servitudes is the proper substantive claim to bring, however, does a equitable servitude analysis apply even for preliminary injunctions as opposed to permanent injunctions?

I'm just prepping for a remedy cross-over with either torts, property, or contracts. Gonna ignore any possible remedies that come up under wills/trusts.

I reckon remedies could only come up in two property situations, what a landlord can bring in the case of a hold-over tenant, and when you have a real covenant vs. equitable servitudes situation.

Anyone else agree that this is possible areas to hit remedies on in terms of real property? I'm not expecting any quitclaim deed issues with adverse possession.

Edit: Still gonna focus on Cy Pre as a remedy for wills/trust.

If Holdover Tenant: doesn't the LL essentially have the option of bringing an eviction action, extending the lease to a periodic tenancy (by accepting rent payments), or increasing the rent (with notice)?

Alternatively, it was my understanding the Property remedies are identical to those of Contracts.

That better be a correct understanding because it's too late to change anything in my head now.

[BobbyBooBoo]

Question on equitable servitudes and remedies.

If someone is seeking a injunction, equitable servitudes is the proper substantive claim to bring, however, does a equitable servitude analysis apply even for preliminary injunctions as opposed to permanent injunctions?

I'm just prepping for a remedy cross-over with either torts, property, or contracts. Gonna ignore any possible remedies that come up under wills/trusts.

I reckon remedies could only come up in two property situations, what a landlord can bring in the case of a hold-over tenant, and when you have a real covenant vs. equitable servitudes situation.

Anyone else agree that this is possible areas to hit remedies on in terms of real property? I'm not expecting any quitclaim deed issues with adverse possession.

Edit: Still gonna focus on Cy Pre as a remedy for wills/trust.

If Holdover Tenant: doesn't the LL essentially have the option of bringing an eviction action, extending the lease to a periodic tenancy (by accepting rent payments), or increasing the rent (with notice)?

Alternatively, it was my understanding the Property remedies are identical to those of Contracts.

That better be a correct understanding because it's too late to change anything in my head now.

My understanding is that contract principles doesn't apply once the closing period is up. The contract merges into the deed, and therefore real property principles apply, which are different. But I might be wrong that the contract merges into the deed. Anyone have any ideas?

[BobbyBooBoo]

I decided I'm just going to pray there isn't a property question and focus my attention on everything else haha.
I hated the pure remedies question a couple of tests ago. I think I got a 55 on it. Garbage.

I feel like the MBE subjects are a must. Since they are guaranteed on the MBE, and show up with a fair amount of frequency on the essays, equal to if not more than California specific topics. If you don't know any MBE topics, I feel like you can still try to master it in these last few days.

Abandoning a MBE topic I'd say is a really poor study strategy.

Edit: Corporations, agency, partnerships, wills, and trusts have all showed up less on essays than real property in the last 10 or so years. Real property has showed up 14 out of 25 times. In the last 25 exams.

Edit again: Also given that wills, corporations, trusts, partnerships, and agency all tend to be cross-over problems, it requires the studying of 2-3 topics to get one essay down. Where as real property often appears as a stand alone question, meaning you only have to get down one topic for a full essay.

I'd really recommend not abandoning real property.

[CourtneyElizabeth]

I decided I'm just going to pray there isn't a property question and focus my attention on everything else haha.
I hated the pure remedies question a couple of tests ago. I think I got a 55 on it. Garbage.

I feel like the MBE subjects are a must. Since they are guaranteed on the MBE, and show up with a fair amount of frequency on the essays, equal to if not more than California specific topics. If you don't know any MBE topics, I feel like you can still try to master it in these last few days.

Abandoning a MBE topic I'd say is a really poor study strategy.

Edit: Corporations, agency, partnerships, wills, and trusts have all showed up less on essays than real property in the last 10 or so years. Real property has showed up 14 out of 25 times. In the last 25 exams.

No one asked you.

[BobbyBooBoo]

I decided I'm just going to pray there isn't a property question and focus my attention on everything else haha.
I hated the pure remedies question a couple of tests ago. I think I got a 55 on it. Garbage.

I feel like the MBE subjects are a must. Since they are guaranteed on the MBE, and show up with a fair amount of frequency on the essays, equal to if not more than California specific topics. If you don't know any MBE topics, I feel like you can still try to master it in these last few days.

Abandoning a MBE topic I'd say is a really poor study strategy.

Edit: Corporations, agency, partnerships, wills, and trusts have all showed up less on essays than real property in the last 10 or so years. Real property has showed up 14 out of 25 times. In the last 25 exams.

No one asked you.

Sorry, just trying to be helpful. Think positive, real property for the essays isn't really that hard. Most people have problem with defeasible estates I think, and defeasible estates aren't that essay testable I think.

[CourtneyElizabeth]

I decided I'm just going to pray there isn't a property question and focus my attention on everything else haha.
I hated the pure remedies question a couple of tests ago. I think I got a 55 on it. Garbage.

I feel like the MBE subjects are a must. Since they are guaranteed on the MBE, and show up with a fair amount of frequency on the essays, equal to if not more than California specific topics. If you don't know any MBE topics, I feel like you can still try to master it in these last few days.

Abandoning a MBE topic I'd say is a really poor study strategy.

Edit: Corporations, agency, partnerships, wills, and trusts have all showed up less on essays than real property in the last 10 or so years. Real property has showed up 14 out of 25 times. In the last 25 exams.

No one asked you.

Sorry, just trying to be helpful. Think positive, real property for the essays isn't really that hard. Most people have problem with defeasible estates I think, and defeasible estates aren't that essay testable I think.

I'm screwed if its anything but LL/T.

[melvinIII]

Question on equitable servitudes and remedies.

If someone is seeking a injunction, equitable servitudes is the proper substantive claim to bring, however, does a equitable servitude analysis apply even for preliminary injunctions as opposed to permanent injunctions?

I'm just prepping for a remedy cross-over with either torts, property, or contracts. Gonna ignore any possible remedies that come up under wills/trusts.

I reckon remedies could only come up in two property situations, what a landlord can bring in the case of a hold-over tenant, and when you have a real covenant vs. equitable servitudes situation.

Anyone else agree that this is possible areas to hit remedies on in terms of real property? I'm not expecting any quitclaim deed issues with adverse possession.

Edit: Still gonna focus on Cy Pre as a remedy for wills/trust.

If Holdover Tenant: doesn't the LL essentially have the option of bringing an eviction action, extending the lease to a periodic tenancy (by accepting rent payments), or increasing the rent (with notice)?

Alternatively, it was my understanding the Property remedies are identical to those of Contracts.

That better be a correct understanding because it's too late to change anything in my head now.

My understanding is that contract principles doesn't apply once the closing period is up. The contract merges into the deed, and therefore real property principles apply, which are different. But I might be wrong that the contract merges into the deed. Anyone have any ideas?

This is right.The doctrine of merger provides that one can no longer sue on title matters contained in the contract of sale after the deed is delivered and accepted.

[Furball]

Those of you that are planning on staying up all day and night during the exam...you do realize that it's a 3 day exam?? It just seems like a really bad idea to not get a good nights sleep for such a huge exam like this. I personally know a few people that decided to stay up and study during the 3 days and they completely regretted it afterwards. They said they couldn't think or see straight especially during the PT sessions because it was after lunch and they had been up for hours up until that point.

If you can function and do well on this exam without sleep for 3 days, that's great but I really don't suggest it. Like we all know, the CA bar exam is a marathon. I can't imagine running a marathon with sleep deprivation. I passed this past July and there is no way on earth I could have sat for that exam with no sleep.

I wish everyone the very best of luck on this POS exam. I just highly recommend that you do try to get some good nights sleep for each of the 3 days! A good nights sleep can make such a huge difference in how well you perform on this exam.

[BobbyBooBoo]

[/quote]

I'm screwed if its anything but LL/T.[/quote]

Easements are easy to get down, not much there. At least try to master easements. There's really only a few rules to get down, minus exceptions.

Real convenants and equitable servitudes are essentially the something, only difference is in the remedy sought. Hence, get down real covenants and you are good to good on equitable servitudes.

If you know easements, real covenants, and LL/tenant, you'd probably be covered for 90% of essays, and 50% of the MBEs. So get to it.

[cndounda1985]

According to my outlines, undue influence is the same for wills and trust, you argue the same factors.

[cndounda1985]

My tutor charges $125 per hour and charges per hour for emails as well. It has quickly added up but has been worth it so far. Hopefully i shall see in May lol

What kind of questions do you ask your tutor as opposed to people on TLS for example?

Well for one we've been working together for a few months. My questions to him aren't solely about the rules but issue spotting, how to write more concise. No offense to anyone on this forum, but his explanations are just a little clearer. Only because, I think he's been tutoring for the bar for over ten years and just has seen a lot of these issues come up. I come here for quick questions, that i dont' want to ask him because it does cost. But this forum is very helpful, since we all have some of the same or similar questions.

[cndounda1985]

Thanks for this...yes I planned to try and get some rest at least. Last February, I was so exhausted, I almost fell asleep during the last PT lol no bueno.

Those of you that are planning on staying up all day and night during the exam...you do realize that it's a 3 day exam?? It just seems like a really bad idea to not get a good nights sleep for such a huge exam like this. I personally know a few people that decided to stay up and study during the 3 days and they completely regretted it afterwards. They said they couldn't think or see straight especially during the PT sessions because it was after lunch and they had been up for hours up until that point.

If you can function and do well on this exam without sleep for 3 days, that's great but I really don't suggest it. Like we all know, the CA bar exam is a marathon. I can't imagine running a marathon with sleep deprivation. I passed this past July and there is no way on earth I could have sat for that exam with no sleep.

I wish everyone the very best of luck on this POS exam. I just highly recommend that you do try to get some good nights sleep for each of the 3 days! A good nights sleep can make such a huge difference in how well you perform on this exam.

[BobbyBooBoo]

Those of you that are planning on staying up all day and night during the exam...you do realize that it's a 3 day exam?? It just seems like a really bad idea to not get a good nights sleep for such a huge exam like this. I personally know a few people that decided to stay up and study during the 3 days and they completely regretted it afterwards. They said they couldn't think or see straight especially during the PT sessions because it was after lunch and they had been up for hours up until that point.

If you can function and do well on this exam without sleep for 3 days, that's great but I really don't suggest it. Like we all know, the CA bar exam is a marathon. I can't imagine running a marathon with sleep deprivation. I passed this past July and there is no way on earth I could have sat for that exam with no sleep.

I wish everyone the very best of luck on this POS exam. I just highly recommend that you do try to get some good nights sleep for each of the 3 days! A good nights sleep can make such a huge difference in how well you perform on this exam.

Except I can't sleep unless you sedate me with a tranquilizer. Hence it would be more productive to actually just studied, rather than laying there staring at the ceiling for 8 hours.

[redblueyellow]

Those of you that are planning on staying up all day and night during the exam...you do realize that it's a 3 day exam?? It just seems like a really bad idea to not get a good nights sleep for such a huge exam like this. I personally know a few people that decided to stay up and study during the 3 days and they completely regretted it afterwards. They said they couldn't think or see straight especially during the PT sessions because it was after lunch and they had been up for hours up until that point.

If you can function and do well on this exam without sleep for 3 days, that's great but I really don't suggest it. Like we all know, the CA bar exam is a marathon. I can't imagine running a marathon with sleep deprivation. I passed this past July and there is no way on earth I could have sat for that exam with no sleep.

I wish everyone the very best of luck on this POS exam. I just highly recommend that you do try to get some good nights sleep for each of the 3 days! A good nights sleep can make such a huge difference in how well you perform on this exam.

No, no, you don't stay up the entire 3 days.

On multi day exams, I've always done it this way:

night before exam: no sleep-- wired on coffee
night of the first day of exams: sleep for 6 hours

It's absolutely incredible the amount of information that last second review (cramming) will stay in your head prior to the test. For example, last July, I was able to answer the crim pro question with ease since I had literally just studied it the night before. The Trusts question? Nope, studied that way before and forgot just about everything I needed to know.

Cost benefit (for me at least) of missing sleep to pick up extra points is worth it and probably is worth it for those that cram effectively. The only issue is that there are too many subjects to cram and at some point, sleep is the better option.