2015 February California Bar Exam Forum

[cndounda1985]

finally think i've got the exceptions to hearsay down....i hate evidence lol

Share your secrets!

So what I've been doing is using mnemonics, for hearsay exceptions where the person has to be unavailable I use DAFT.
Dying Declaration
Statements Against Interest
Forfeiture by Wrong Doing

For the other exceptions...I've just committed the main 8 to memory that keep popping up on the past essays all the time. Excited utterance, present sense impression, etc. business records exceptions. May not work for you but it's really been helpful because evidence is still giving me the blues lol

[cndounda1985]

finally think i've got the exceptions to hearsay down....i hate evidence lol

Share your secrets!

So what I've been doing is using mnemonics, for hearsay exceptions where the person has to be unavailable I use DAFT.
Dying Declaration
Statements Against Interest
Forfeiture by Wrong Doing

For the other exceptions...I've just committed the main 8 to memory that keep popping up on the past essays all the time. Excited utterance, present sense impression, etc. business records exceptions. May not work for you but it's really been helpful because evidence is still giving me the blues lol

Forgot the T stands for prior testimony but you get my drift. Try to think of some simple mnemonics that can help jog your memory. Hope that helps.

[AguasAguas!]

Re: the Cal Civ Pro question ... I asked my tutor the same question. Her response was you will drive yourself crazy learning all the minute differences... there are like 2 or 3 MAJOR differences (I am blanking on them now). She seemed to think when CA Civ Pro does get tested, it will most likely only be on those major topics, or at least that will be where the major points are to be had.

[PennJD83]

Can anyone try and explain what how an Anti-SLAPP motion works?

[redblueyellow]

Re: the Cal Civ Pro question ... I asked my tutor the same question. Her response was you will drive yourself crazy learning all the minute differences... there are like 2 or 3 MAJOR differences (I am blanking on them now). She seemed to think when CA Civ Pro does get tested, it will most likely only be on those major topics, or at least that will be where the major points are to be had.

Thanks! However, those 2-3 major differences would be mighty important to know right about now Imagine if we see civ pro on the mbe (duh) and get a cal civ pro essay question. A friend told me about that combination the other day and I've been freaking out since he mentioned it.

[redblueyellow]

Can anyone try and explain what how an Anti-SLAPP motion works?

I'm starting to read about Cal Civ Pro; if I figure it out with some measure of legitimacy, I will update (don't count on me, though, lol).

[morescotchplease]

Thanks! However, those 2-3 major differences would be mighty important to know right about now Imagine if we see civ pro on the mbe (duh) and get a cal civ pro essay question. A friend told me about that combination the other day and I've been freaking out since he mentioned it.

That's my fear which is making me focus on civ pro so much. I'm hoping with the addition of civ pro for the first time on the MBE, they won't dump a CA civ pro essay the same year. Have mercy please...

[injun]

Does anyone here feel PTs are "easy" points? I've always struggled to finish them on time and wished that these were "bankable" points for me. I understand the goal is to follow the directions but there seems to be a particular way to organize an answer which always takes me a long time to figure out. Anyone have any tips on how to figure out organization quicker?

[cndounda1985]

Does anyone here feel PTs are "easy" points? I've always struggled to finish them on time and wished that these were "bankable" points for me. I understand the goal is to follow the directions but there seems to be a particular way to organize an answer which always takes me a long time to figure out. Anyone have any tips on how to figure out organization quicker?

I'm a repeater and have been working with a tutor and here is what he suggested for me. He says you should read the library first because that will prompt you as to the arguments you need to make. Follow the exact structure of case (to the tee)...pay attention to the facts the court used in each case and interweave them into the facts from the file. Basically the cases should give you the structure of your arguments and the file should give you the facts to analyze under each rule. What I do, is have three sheets of paper, one for file, library and instructions. I take quick notes on each, I start with the library first. I divide my first 90 minutes between reading of the library (quick notes) and reading of the file (quick notes). I'm highlighing and writing USE in areas that I feel are important and that I need to include in my answer.

Also, make sure you cite every single case they give you. If they give you three cases, then you should cite all three somewhere in your answer. I hope this helps, let me know if you need anymore clarifications. The PTs still suck for me and I've done a few but I don't feel as overwhelmed as before or lost.

[bb8900]

Civ Pro MBE is the worth thing in the world! They are still brutal and I am still struggling hard. It is such a weird subject to test via multiple choice. Plus, asking about dates to file, etc., is so stupid since each jx is different and some of us don't even want to be litigators.

Have you guys mastered civ pro mbe yet? Does it just come to you when you do enough? Thanks!

[redblueyellow]

Civ Pro MBE is the worth thing in the world! They are still brutal and I am still struggling hard. It is such a weird subject to test via multiple choice. Plus, asking about dates to file, etc., is so stupid since each jx is different and some of us don't even want to be litigators.

Have you guys mastered civ pro mbe yet? Does it just come to you when you do enough? Thanks!

30 days, 21 days, 14 days, 120 days, 60 days, 90 days, 20 (?) days, 7 days, 365 days.

One of those will always be the right answer. Lol.

But to answer your question, nope, I have not. I get the length mixed up, but the only ones that I consistently get correct are:

120 days - time for P to serve D with summons/complaint
21 days - time for D to respond to complaint (60 days if service of process is waived, 90 days if waived and D located out of US jx)

[jarofsoup]

Civ Pro MBE is just memorization. Its pretty mechanical compared to a lot of the other subjects.

[morescotchplease]

Where are you guys practicing your civ pro mbe questions? I'm using barmax and they've come out with a handful of supplemental questions but I don't think they're enough.

[mhub172]

Where are you guys practicing your civ pro mbe questions? I'm using barmax and they've come out with a handful of supplemental questions but I don't think they're enough.

Barmax just updated the app to add civ pro questions. Did you get the update? Otherwise I got the AmeriBar civ pro MBE question book on Amazon. It has 264 questions. I don't think the quality of the questions/answers are as good as the Barmax or Barbri, but it has helped with rule memorization and knowing aspects of the law. Plus just doing a ton of questions has helped with familiarity.

[underthirty]

.

[morescotchplease]

Where are you guys practicing your civ pro mbe questions? I'm using barmax and they've come out with a handful of supplemental questions but I don't think they're enough.

Barmax just updated the app to add civ pro questions. Did you get the update? Otherwise I got the AmeriBar civ pro MBE question book on Amazon. It has 264 questions. I don't think the quality of the questions/answers are as good as the Barmax or Barbri, but it has helped with rule memorization and knowing aspects of the law. Plus just doing a ton of questions has helped with familiarity.

I did get the updated barmax but it only contains the 10 questions released by the ncbe

[melvinIII]

Speaking of PR, so ABA has no disclosure rules for "potential conflicts" whereas CA does. Is that correct? And for personal conflicts due to a lawyer's business/professional relationship, CA only requires disclosure not informed consent?

This is what I have on my flash card for potential conflicts:

ABA model rules do not require informed written consent for potential conflicts. Under CA, without informed written consent of each client, a lawyer may not represent more than one client in a matter in which the interests of the clients potentially conflict.

As for the second one I'm not sure, are you asking what the rule is if the lawyer has a business/professional relationship with the opposing party? If so, I think you just analyze whether the relationship will materially limit the lawyer's representation under the normal conflict rules.

P.S. I call my flash cards flashies (not out loud, I haven't gone that crazy yet). If you use flash cards and aren't looking forward to studying them, try reframing it as flippin' flashies.

[a male human]

Speaking of PR, so ABA has no disclosure rules for "potential conflicts" whereas CA does. Is that correct? And for personal conflicts due to a lawyer's business/professional relationship, CA only requires disclosure not informed consent?

P.S. I call my flash cards flashies (not out loud, I haven't gone that crazy yet). If you use flash cards and aren't looking forward to studying them, try reframing it as flippin' flashies.

Maybe you can also include a covered picture of boobs/butt (no such thing as an evil ass-man) on the answer side, and you can only flip it open (i.e., flash) if you get the card right. If that isn't motivation I don't know what is.

[morescotchplease]

I'm so tired of studying

[redblueyellow]

I'm so tired of studying

Heh, I don't mind the studying, but I do mind sucking at it.

[CourtneyElizabeth]

Anyone else working full time while trying to study for this garbage?

[Elms]

Add me to the "I've hit a wall" club. So over it.

[s1m4]

I found that changing my atmosphere by going to library helped a lot with the burnout!

[morescotchplease]

Add me to the "I've hit a wall" club. So over it.

welcome to the club.

[jarofsoup]

Add me to the "I've hit a wall" club. So over it.

welcome to the club.

Taking of a night and getting shit faced can also cure this. But I wouldn't do it this late in the game.