2015 February California Bar Exam Forum

[ringdabell]

Can someone please tell me if I need to know California state specific crim law/pro (distinctions from the MBE stuff) for the essays?

[a male human]

Can someone please tell me if I need to know California state specific crim law/pro (distinctions from the MBE stuff) for the essays?

Just:
- common law (e.g., inchoate crime defenses or nuances, and maybe homicide levels),
- various majority/minority distinctions (e.g., co-felon liability),
- insanity tests, and
- maybe MPC (not that important imo)

[CourtneyElizabeth]

I can't remember any of the law. Think if I get the headings down I'll pass? I got the law right last time but my organization was shit. This time I'm finding that I can't remember diddly squat but I have a tutor who's helping me with the organization, sooo…..

[redblueyellow]

Can someone please tell me if I need to know California state specific crim law/pro (distinctions from the MBE stuff) for the essays?

Just:
- common law (e.g., inchoate crime defenses or nuances, and maybe homicide levels),
- various majority/minority distinctions (e.g., co-felon liability),
- insanity tests, and
- maybe MPC (not that important imo)

Looks like I missed that day... I don't recall Kaplan's memorization outlines including any state specific things for CA Crim/Pro.

[lifeafterlawschool]

I've hit a study wall. Ugh...I don't want to study. I finally took one day off (yesterday) and I was so incredibly happy and energetic. I felt like a new person! Curse this bar study hell.

[a male human]

Can someone please tell me if I need to know California state specific crim law/pro (distinctions from the MBE stuff) for the essays?

Just:
- common law (e.g., inchoate crime defenses or nuances, and maybe homicide levels),
- various majority/minority distinctions (e.g., co-felon liability),
- insanity tests, and
- maybe MPC (not that important imo)

Looks like I missed that day... I don't recall Kaplan's memorization outlines including any state specific things for CA Crim/Pro.

Oh, there are no state (at least CA...aren't there Pennsylvania and NY ones for felony murder that you don't have to know?) distinctions for crim/pro. Rejoice! However, there are still other potential avenues for distinction as I noted.

[gaagoots]

OMG LOL I am so losing my mind--had to go to the office today and I just noticed I wore my dress backward. I will be lucky if I have matching socks on exam week.

[jarofsoup]

I've hit a study wall. Ugh...I don't want to study. I finally took one day off (yesterday) and I was so incredibly happy and energetic. I felt like a new person! Curse this bar study hell.

Taking a break today and enjoying a beer. A lot of people say to take 1 full day off a week to recharge.

[SpAcEmAn SpLiFF]

Quick question:

I took the NY/NJ bar exam back in 2012 and outlined all of the subjects in a pretty comprehensive 150-page outline, and then condensed that outline into a 20-page outline of stuff that I absolutely had to memorize (e.g. elements of strict scrutiny test, negligence, etc.). I'm going to go over the state-specific stuff (e.g. partnership, agency, corps) carefully to tailor it to CA law (actually, I'm probably gonna re-outline those entire portions), but do I really need to be that careful with the MBE subjects? Would it be pretty safe to assume that at least 95% of my outline for MBE subjects from 2012 is still accurate and reliable?

I'm trying to figure out the best way to go about this since my time is limited. Thanks all!

[redblueyellow]

I can't remember any of the law. Think if I get the headings down I'll pass? I got the law right last time but my organization was shit. This time I'm finding that I can't remember diddly squat but I have a tutor who's helping me with the organization, sooo…..

This is basically my issue. I think I can probably BS my way into a rule sounding like I somewhat know what I'm talking about, but not completely. What's worse is that because I have a hard time recalling, I'm going to either waste time thinking about it during the test, or if I think about it, I'll only get half the elements down.

For example, if the prompt says to analyze if the parties had a valid contract, I might say something like "A valid contract formation requires an 1) offer, 2) consideration, 3) acceptance, and 4) no defenses to formation." Then if I start to analyze the "offer" element, I might say "An offer is one between both parties that have been reviewed for terms and content" because I couldn't think of the proper elements which are "1) manifestation of the present intent to contract, 2) definite and certain terms, and 3) communication to an offeree."

I have no idea how many points I'd lose for something like that simply because I couldn't recall it at the time of the exam.

Oh, there are no state (at least CA...aren't there Pennsylvania and NY ones for felony murder that you don't have to know?) distinctions for crim/pro. Rejoice! However, there are still other potential avenues for distinction as I noted.

Whew, good to hear!

In light of my above comment, do you happen to know how "accurate" we'd need to be with rule statements/elements for obtaining point purposes?

[redblueyellow]

What exactly is the difference between extrinsic evidence and specific acts? Trying to figure out character evidence.

[morescotchplease]

My head is about to explode

[a male human]

Don't quote me on this, but specific acts (what someone actually did) is a type of extrinsic evidence, which is anything and everything that doesn't just come out of someone's mouth (which would be intrinsic evidence).

The term "extrinsic evidence" shouldn't be of concern when dealing with character evidence. Just say "specific acts" because that's what the FRE uses or at least that's the bar jargon for character evidence.

[a male human]

My head is about to explode

Username makes post

Quick question:

I took the NY/NJ bar exam back in 2012 and outlined all of the subjects in a pretty comprehensive 150-page outline, and then condensed that outline into a 20-page outline of stuff that I absolutely had to memorize (e.g. elements of strict scrutiny test, negligence, etc.). I'm going to go over the state-specific stuff (e.g. partnership, agency, corps) carefully to tailor it to CA law (actually, I'm probably gonna re-outline those entire portions), but do I really need to be that careful with the MBE subjects? Would it be pretty safe to assume that at least 95% of my outline for MBE subjects from 2012 is still accurate and reliable?

I'm trying to figure out the best way to go about this since my time is limited. Thanks all!

Old MBE should be fine, but I'd get up to date on CA distinctions for civ pro and evidence for essays.

[TheLegalOne]

For those of you taking the CA Bar, I am at a complete loss regarding PT set-up strategy! Do you "SKIM" the library and file on your first read to set your outline? I'm taking a 4 day PT course and we are being instructed that we should spend about 30 mins "skimming" the file and library (to determine "what's important") - regardless of what clues and key docs we are given in the letter to the associate. We are to "to get a feel for the facts and the law." Let me first say, I paid a lot of money for this course, so I am interested in determining if this is a method I can use (s/he's been in business for a VERY long time)...but heck, that's 30 mins I feel like I'm floundering "seeking" the set-up and not "understanding" what to do / or actually creating a outline!! Do you spent approx. 30 of the 180 mins just "skimming" the file and library? I hope this makes sense.

[a male human]

I read each pretty carefully from the onset, but I haven't been in business for a very long time, so take that with a grain of granulated sugar.

[morescotchplease]

Who else (tries) to study in their sleep?

[a male human]

Study question: Is it possible to defame a nonhuman entity like a company?

[redblueyellow]

Study question: Is it possible to defame a nonhuman entity like a company?

Yes; I know that from watching the news and not from studying

[redblueyellow]

Can I get some clarification for horizontal and vertical privity (covenants), please?

Horizontal Privity exists when there is a conveyance (if they held the interests together or a temporary grant like landlord/tenant) of some sort (landlord/tenant or a grantor/grantee) from one party to another where the covenant was already in place prior to the conveyance (or it was included in the deed at the time of transfer). In the grantor/grantee situation, does the complete title have to switch hands from O to A or does O need to maintain reversion, reverter, or right of entry?

So for example, if there was a convenant that the promisor (A) (i.e. grantee of the property) promised the promisee (O) that there would be no buildings over 2 stories tall built on the property:

A (new owner, burdened property) ------------------------------------- O (old owner)
<---- land is coming this way ----------------> promise is going this way

A sells his property to B, and all the proper formalities have conducted for the burden to run (written, intent, touch and concern, h/v privity, notice). Does B now have horizontal privity with O because B will have "stepped in the shoes" of A? Does it matter if the transfer from O to A was an actual sale (fee simple absolute to where O no longer retains any right of any sort in the land? Is that even possible in this scenario?) instead of some durational ownership (landlord/tenant)?

What happens when O dies and the land passes to X because of intestacy. Now there is vertical privity between O and X as there was either a sale, intestacy, or device type transfer. Is X in horizontal privity with B because X "stepped in the shoes of O" and assumed his position?

[a male human]

Study question: Is it possible to defame a nonhuman entity like a company?

Yes; I know that from watching the news and not from studying

I've confirmed that this is true but also determined is not critical on the bar since hypos will have a human butthurt about defamation.

No idea about the five privity questions. I'm pooped from finally finishing and launching Approsheets and sending updated files to Magicsheets purchasers @_@

[redblueyellow]

Study question: Is it possible to defame a nonhuman entity like a company?

Yes; I know that from watching the news and not from studying

I've confirmed that this is true but also determined is not critical on the bar since hypos will have a human butthurt about defamation.

No idea about the five privity questions. I'm pooped from finally finishing and launching Approsheets and sending updated files to Magicsheets purchasers @_@

No worries! Kudos on your work though!

[a male human]

Study question: Is it possible to defame a nonhuman entity like a company?

Yes; I know that from watching the news and not from studying

I've confirmed that this is true but also determined is not critical on the bar since hypos will have a human butthurt about defamation.

No idea about the five privity questions. I'm pooped from finally finishing and launching Approsheets and sending updated files to Magicsheets purchasers @_@

No worries! Kudos on your work though!

Thanks! I think I can finally have a Sunday night... off...

Hope someone well versed in covenant privities is out there.

[BarZombie]

.

[TheLegalOne]

For those of you taking the CA Bar, I am at a complete loss regarding PT set-up strategy! Do you "SKIM" the library and file on your first read to set your outline? I'm taking a 4 day PT course and we are being instructed that we should spend about 30 mins "skimming" the file and library (to determine "what's important") - regardless of what clues and key docs we are given in the letter to the associate. We are to "to get a feel for the facts and the law." Let me first say, I paid a lot of money for this course, so I am interested in determining if this is a method I can use (s/he's been in business for a VERY long time)...but heck, that's 30 mins I feel like I'm floundering "seeking" the set-up and not "understanding" what to do / or actually creating a outline!! Do you spent approx. 30 of the 180 mins just "skimming" the file and library? I hope this makes sense.[/quot


I am repeating. I used the paper clip method by Tim Tyler practical step press.

It worked well in the first PT...bombed the second due to my mismanagement of time and burnout. I signed up for a 4 day online PT workshop this round...just to see if there is a better way...I did the first day and some advice was good...but no way am I going to outline the way they say and have enough time left to write...CA is making the PTs more difficult to work through...if not volume but confusing acronyms like the last one.

The workshop basically has you handwrite most of the thing which is pointless under time constraints...their models match the suggested outline...it probably works for someone practiced at it...a paralegal or lawyer comes to mind...that quickness comes with a lot of practice...not enough time.


I'd set up the calls on your computer AND on a single page...then go call by call through the materials looking for what you need...say call 1 defense to tort...label the sheet for the call 1 , case L3 ...L7...F6...F5 ...L is library...F is fact...the number is the page to find your mark matching the call...then get typing...use the sheet (a skeleton) as an index...but dive into responding to the calls...write your conclusion first...and even consider briefing your cases below your setup in the software and copy and paste...not cut...you may need the case in more than one place and work like a Mutha to let it line up with your index per call.

A friend did the 4 day and on game day ran out of time...

Try practicing a couple your way and compare to what was passing on BarEssays

Thanks for the response. I'll test your method this week. I'm going to have to land on something quick. I think we are talking about the same course. I just finished the live course and I have to admit that by the last day, I was able to complete it using her method (with only 1 minute to spare). The crazy thing was that people finished early (assuming they did not just give up) and most people began typing around the same time (late, like me). There was no flipping pages back and forth during the writing stage. I'm just scared I will not be able to duplicate this under text conditions. It will come together - it always does...it's just not pretty.