July 2015 California Bar Exam Forum

[nerdalicious05]

Has anyone bought SketchyLaw? I've just been using the free version. Helped me memorize big time but just want to make sure someone's bought it before I commit.

[SpAcEmAn SpLiFF]

What's everyone's essay approach? Do you actually outline? I've kinda just been jumping in and writing, and I'm not sure whether it's helping me or hurting me.

[fadedsunrise]

What's everyone's essay approach? Do you actually outline? I've kinda just been jumping in and writing, and I'm not sure whether it's helping me or hurting me.

I did like 10 essays submitted to Kaplan so far, about 1-2 per subject lectured on to date, and kinda gave up in favor of what a male human said about essay cooking. For me personally I need to see many examples of how facts can apply to variations in the law so quantity>quality/strict adherence. But Kaplan is definitely doing its best to scare us into writing full essays.

[RaiRai]

Do you guys get to finish your essays in 1 hour? I'm always over 1 hour (approx. 10 mins over). sad.

[My_name_is_jimmothy]

Doesn't everyone always predict PR? For some reason, I thought it was mandated by the State Supreme court to be on the exam, however it wasn't in Feb 2015.

How can I make myself remember all these useless rules for Civ Pro? Its so boring, its going in one ear and out the other.

Good question. I believe writing essays without looking at your notes and then self-grading is the best way to memorize rules. The fact pattern helps with the memory. It's too close to the exam to be writing out new materials. I would practice lots of MBEs and lots of Civ Pro essays.

Also, I remember civ pro and evidence often seemed to be "crossed-over" in the MBEs.

[My_name_is_jimmothy]

Doesn't everyone always predict PR? For some reason, I thought it was mandated by the State Supreme court to be on the exam, however it wasn't in Feb 2015.

How can I make myself remember all these useless rules for Civ Pro? Its so boring, its going in one ear and out the other.

Good question. I believe writing essays without looking at your notes and then self-grading is the best way to memorize rules. The fact pattern helps with the memory. It's too close to the exam to be writing out new materials. I would practice lots of MBEs and lots of Civ Pro essays.

Also, I remember civ pro and evidence often seemed to be "crossed-over" in the MBEs.

By the way- PR was on the Feb exam but it was in a PT.

Expect PR. I honestly wouldn't be surprised to get some remedy questions even though it's a dead horse.

[My_name_is_jimmothy]

Doesn't everyone always predict PR? For some reason, I thought it was mandated by the State Supreme court to be on the exam, however it wasn't in Feb 2015.

How can I make myself remember all these useless rules for Civ Pro? Its so boring, its going in one ear and out the other.

Predictions
Yes, PR is practically a certainty. Remedies has appeared in the past 5 exams, so it's probably also worth paying attention to.

There's no reason to try to predict the subjects because it's all fair game. Use that time to instead look at another essay. I almost got killed because I followed the predictions and the one subject I was hoping wouldn't appear...of course...appeared.

Moreover, you can adjust your bearing on exam day instead of beforehand. For example, if you go into the exam feeling shaky on one subject, you can look at all three essay questions and rearrange them so that you do it last (or first so you can warm up for the subjects you're more confident about, will expand on this when we get closer to bar week).

Remembering useless rules
What you want to ensure is you can recall rather than merely recognize. You could nod proudly and say "oh, I know this rule" or "of course, it was so obvious" after you see the rule. Since that doesn't do jack, you're right that you should make yourself remember all these rules.

One way is to simply do essays. You are doing practice essays, right?

Do them closed book. Sorry to be the bearer of bad news but it's July now! Review your outlines beforehand if you must. If you couldn't state the rule, great! Do your best and check your answer (via model, sample, Bar Essays, etc.) to feel bad about how many you missed. Keep doing them, and you'll get a sense of which topics (i.e., issues and rules) appear more frequently. And the more you practice your recall, the better it will stay in your mind, the added benefit being that those frequent issues and rules are more likely to be tested on the actual thing anyway. (If you want a shortcut and see which issues appear more frequently, get a sub at BarIssues.com. Incidentally, I have a $20 off coupon for each of Bar Issues and Bar Essays--just ask).

However, you don't need to do full essays all the time. Once you know how the approach and rule application work for a subject, you can cut down on your essay practice by merely identifying the issues and writing out the rule, similar to how you'd outline on test day. This process of IR-ing and checking them should take, what, 20-30 minutes depending? Essentially you can now grind through those essays at double or triple the previous rate. I call this essay cooking, long story.

You should also repeat essays you've done already, particularly ones that aren't sticking as well. Scared that you will miss the issues again? Don't be a wuss. Who expects to remember everything after one exposure? Not me, I'm not Mike Ross.

Why not just rote memorize? That's fine too, but you should also know how to apply the rules instead of just knowing them in theory.

In sum, practice your recall if you want to make yourself remember all these useless rules. Note that this may appear like very obvious advice, but I think it's the answer.
- Full essays until you "get" the subject
- Cook the essays thereafter

Thank you so much for your post. It will help me a lot during this month

This is good advice disguised as a wall of text.

[InTheWideLand I Walk]

so, now that it is just 3 weeks and some change away from day 1 of the bar exam, is anybody else freaking out?

[a male human]

Doesn't everyone always predict PR? For some reason, I thought it was mandated by the State Supreme court to be on the exam, however it wasn't in Feb 2015.

How can I make myself remember all these useless rules for Civ Pro? Its so boring, its going in one ear and out the other.

Predictions
Yes, PR is practically a certainty. Remedies has appeared in the past 5 exams, so it's probably also worth paying attention to.

There's no reason to try to predict the subjects because it's all fair game. Use that time to instead look at another essay. I almost got killed because I followed the predictions and the one subject I was hoping wouldn't appear...of course...appeared.

Moreover, you can adjust your bearing on exam day instead of beforehand. For example, if you go into the exam feeling shaky on one subject, you can look at all three essay questions and rearrange them so that you do it last (or first so you can warm up for the subjects you're more confident about, will expand on this when we get closer to bar week).

Remembering useless rules
What you want to ensure is you can recall rather than merely recognize. You could nod proudly and say "oh, I know this rule" or "of course, it was so obvious" after you see the rule. Since that doesn't do jack, you're right that you should make yourself remember all these rules.

One way is to simply do essays. You are doing practice essays, right?

Do them closed book. Sorry to be the bearer of bad news but it's July now! Review your outlines beforehand if you must. If you couldn't state the rule, great! Do your best and check your answer (via model, sample, Bar Essays, etc.) to feel bad about how many you missed. Keep doing them, and you'll get a sense of which topics (i.e., issues and rules) appear more frequently. And the more you practice your recall, the better it will stay in your mind, the added benefit being that those frequent issues and rules are more likely to be tested on the actual thing anyway. (If you want a shortcut and see which issues appear more frequently, get a sub at BarIssues.com. Incidentally, I have a $20 off coupon for each of Bar Issues and Bar Essays--just ask).

However, you don't need to do full essays all the time. Once you know how the approach and rule application work for a subject, you can cut down on your essay practice by merely identifying the issues and writing out the rule, similar to how you'd outline on test day. This process of IR-ing and checking them should take, what, 20-30 minutes depending? Essentially you can now grind through those essays at double or triple the previous rate. I call this essay cooking, long story.

You should also repeat essays you've done already, particularly ones that aren't sticking as well. Scared that you will miss the issues again? Don't be a wuss. Who expects to remember everything after one exposure? Not me, I'm not Mike Ross.

Why not just rote memorize? That's fine too, but you should also know how to apply the rules instead of just knowing them in theory.

In sum, practice your recall if you want to make yourself remember all these useless rules. Note that this may appear like very obvious advice, but I think it's the answer.
- Full essays until you "get" the subject
- Cook the essays thereafter

Thank you so much for your post. It will help me a lot during this month

This is good advice disguised as a wall of text.

Sorry, I'm trying to work on that! Here are my excuses:
- I don't have time to shorten a long post when I'm at work where time is money. Hopefully I'm forgiven with the summary provided at the end
- I think simply stating a suggestion without sufficient explanation makes it less likely for someone to actually try it. It would be nice if I could inspire someone to act since I don't want to give "advice" I haven't found helpful as a second-time passer
- I'm a weirdo, and talking about the bar gets me fired up. Just look at my post history, what the fuck am I even talking about, hopefully enough things so that you can take what you like and leave the rest

I'm also lonely because I don't know if there's anyone here who hasn't moved on from older seasonal bar threads
Bar exam still haunting me? I'll haunt it right back!

[crumpetsandtea]

a male human, what are your thoughts on MBE improvement? I pretty much understand what needs to be done for essays (rote memorization & regurgitation of rules is the hardest part, I'd imagine) but I'm not sure what the best way to immprove on the MBE is. Just practice practice practice?

[a male human]

a male human, what are your thoughts on MBE improvement? I pretty much understand what needs to be done for essays (rote memorization & regurgitation of rules is the hardest part, I'd imagine) but I'm not sure what the best way to immprove on the MBE is. Just practice practice practice?

Yup, I think you just have to practice every day. Preferably with real MBE questions (with, e.g., Emanuel). Never tried Adaptibar nor BarMax MBE app but hearing good things about them.

Tracking your progress is also important. The MBE is very conducive to this. However, just in case, there's one subtle point I want to make about tracking your "win rate."

It seems like some people merely track their overall MBE win rate, which is fine per se. But it’s entirely possible that you’re awesome in one subject yet not so much in another, and your overall percentage doesn’t reveal this. For example, my crim pro was abysmal while crim law was excellent (we're talkin 40% vs. 85%+).

If you're already owning at one subject, there's not really a need to approach each subject equally. Consider instead surgically targeting your weak areas. That is, the goal will be to track each subject separately, and constantly emphasize your weakest subjects until they’re no longer your weakest (and their place taken over by other subject(s), then repeat).

So when you study for the MBE, analyze trends in your answers to determine where to prioritize your efforts. Literally have a list of the MBE subjects arranged in order of how good/bad you are. It's discrimination, not equal treatment.

[SpAcEmAn SpLiFF]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

[Pleasye]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I've been trying to follow Themis' method which is to read the task memo first, then the library, then the file. Then outline. These fucking suck though and I haven't been able to finish any of them in the allotted time

[a male human]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I like to fondle the booklets before the exam even begins to see which one is smaller and read that one first (hopefully the library). Generally like to read the library first because there's less to keep in mind (such as key law you pull out). You don't know which fact will be relevant come outlining time. Knowing the law means you don't have to read the file as thoroughly... maybe...

[Redamon1]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I've been trying to follow Themis' method which is to read the task memo first, then the library, then the file. Then outline. These fucking suck though and I haven't been able to finish any of them in the allotted time

This is Barbri's recommended strategy as well, and I've found it to be pretty good so far, even though it's tempting to look at the case file first. 1.5hrs to read and outline and 1.5hrs to write.

[SpAcEmAn SpLiFF]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I've been trying to follow Themis' method which is to read the task memo first, then the library, then the file. Then outline. These fucking suck though and I haven't been able to finish any of them in the allotted time

This is Barbri's recommended strategy as well, and I've found it to be pretty good so far, even though it's tempting to look at the case file first. 1.5hrs to read and outline and 1.5hrs to write.

I tried this, and I find that when I'm reading the Library, the Task Memo alone isn't really enough for me to know what to pay attention to when I'm reviewing the Library. I'm thinking that it might be better to just read the entire file and then the entire Library. It's what I'd personally do in the real world if I had to write a memo for a client.

[SpAcEmAn SpLiFF]

Also, dumb civpro question: for diversity jurisdiction, I always thought that a corporation can be a citizen of up to two states: the state where incorporated and the principal place of business. One of Barbri's online answer explanations says otherwise:

"For purposes of diversity jurisdiction, a corporation is deemed to be a citizen of every state in which it is incorporated and the one state in which it has its principal place of business. Thus, it is possible for a corporation to have two or more state citizenships for diversity purposes. The rule for a corporation is that, in addition to its states of incorporation, a corporation is a citizen of the one state in which it has its principal place of business. It is not a citizen of every state in which it does substantial business. Likewise, in addition to the principal place of business, a corporation is deemed to be the citizen of every state in which it is incorporated, not just the first state in which it was incorporated. Thus, the choices incorporating those standards are incorrect statements of a corporation’s citizenship for diversity purposes."

Is this accurate? Have I been confused about this the entire time?

[Pleasye]

Also, dumb civpro question: for diversity jurisdiction, I always thought that a corporation can be a citizen of up to two states: the state where incorporated and the principal place of business. One of Barbri's online answer explanations says otherwise:

"For purposes of diversity jurisdiction, a corporation is deemed to be a citizen of every state in which it is incorporated and the one state in which it has its principal place of business. Thus, it is possible for a corporation to have two or more state citizenships for diversity purposes. The rule for a corporation is that, in addition to its states of incorporation, a corporation is a citizen of the one state in which it has its principal place of business. It is not a citizen of every state in which it does substantial business. Likewise, in addition to the principal place of business, a corporation is deemed to be the citizen of every state in which it is incorporated, not just the first state in which it was incorporated. Thus, the choices incorporating those standards are incorrect statements of a corporation’s citizenship for diversity purposes."

Is this accurate? Have I been confused about this the entire time?

You just oversimplified the rule a bit. A corporation can be incorporated in more than 1 state and thus it can be a citizen of any state in which it is incorporated + the state in which it has its principal place of business.

[My_name_is_jimmothy]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I WILL WRITE IN CAPS BECAUSE IT'S WORTH SCREAMING ABOUT:

THERE IS ONE PAGE IN THE PT THAT IS THE MOST IMPORTANT SINGLE PAGE ON THE BAR EXAM- THE TASK MEMO- THE PART WHERE THE PARTNER TELLS YOU WHAT TO DO. READ THIS PAGE MULTIPLE TIMES, MANY, MANY TIMES UNTIL YOU ARE CRYSTAL CLEAR ON WHAT TO DO.

[robinhoodOO]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I WILL WRITE IN CAPS BECAUSE IT'S WORTH SCREAMING ABOUT:

THERE IS ONE PAGE IN THE PT THAT IS THE MOST IMPORTANT SINGLE PAGE ON THE BAR EXAM- THE TASK MEMO- THE PART WHERE THE PARTNER TELLS YOU WHAT TO DO. READ THIS PAGE MULTIPLE TIMES, MANY, MANY TIMES UNTIL YOU ARE CRYSTAL CLEAR ON WHAT TO DO.

I'm sorry; what did you say? Could you repeat that?

[Redamon1]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I've been trying to follow Themis' method which is to read the task memo first, then the library, then the file. Then outline. These fucking suck though and I haven't been able to finish any of them in the allotted time

This is Barbri's recommended strategy as well, and I've found it to be pretty good so far, even though it's tempting to look at the case file first. 1.5hrs to read and outline and 1.5hrs to write.

I tried this, and I find that when I'm reading the Library, the Task Memo alone isn't really enough for me to know what to pay attention to when I'm reviewing the Library. I'm thinking that it might be better to just read the entire file and then the entire Library. It's what I'd personally do in the real world if I had to write a memo for a client.

I hear you and I also feel like I have too little info going into the library. But so far it's always worked out. I read the library first, I outline the rules I come across, and when comes time to read the file and slot facts into my outline, all the rules "magically" happen to match up with key facts in the file. In other words, as long as you keep track of the key legal tests/rules for each case/statute you read, you should be in good shape. But whatever works for you... I don't think there's a "best" way that works for everybody.

[cndounda1985]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I'm a repeater but I got a 70 on one of my PTs in Feb 15. I read the library first, then I read the file. I try and follow the law or tests that is in the library,then I apply it to the facts. I think it's better to read the library first because then you can see what the arguments you are going to make are. Plus the library takes longer to read in my opinion then the file.

[robinhoodOO]

Curious as to everyone's strategy for the PT. How much of the file do you read before you do the library? Do you skim the entire thing? Do you read it thoroughly?

I'm a repeater but I got a 70 on one of my PTs in Feb 15. I read the library first, then I read the file. I try and follow the law or tests that is in the library,then I apply it to the facts. I think it's better to read the library first because then you can see what the arguments you are going to make are. Plus the library takes longer to read in my opinion then the file.

I agree with this approach. Once you have a basic understanding of the law, you're going to have a better understanding of what facts are relevant and irrelevant and which go to what element/prong.

Think of it this way: In practice, you likely already have a very good understanding of the specific kind of law you practice; thus, when people come to you with their facts/stories, you know exactly what of their story is relevant or what is unnecessary. You expedite the process and already start to pull out the facts which support your position. Read the law, become someone familiar by briefing, then read the facts and highlight what goes where.

[redblueyellow]

QUESTION: How is the answer what it is?!

A realty company developed a residential development which included single-family dwellings, town houses,
and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant
under which the grantee's "heirs and assigns" agreed to purchase electrical power only from a plant the realty
company promised to build and maintain within the development. The realty company constructed the plant
and necessary power lines. The plant did not supply power outside the development. An appropriate and fair
formula was used to determine price. 
 
After constructing and selling 12,500 of the units, the realty company sold its interest in the development to an
investor company. The investor company operated the power plant and constructed and sold the remaining
12,500 units. Each conveyance from the investor company contained the same covenant relating to electrical
power that the realty company had included in the 12,500 conveyances it had made. 
 
A woman bought a dwelling unit from a man, who had purchased it from the realty company. Subsequently,
the woman, whose lot was along the boundary of the development, ceased buying electrical power from the
investor company and began purchasing power from General Power Company, which provided such service in
the area surrounding the development. Both General Power and the investor company have governmental
authorization to provide electrical services to the area. The investor company instituted an appropriate action
against the woman to enjoin her from obtaining electrical power from General Power. If judgment is for the
woman, it will most likely be because 
 
A: the covenant does not touch and concern the land.
B: the mixture of types of residential units is viewed as preventing one common development scheme.
C: the covenant is a restraint on alienation.
D: there is no privity of estate between the woman and the investor company.
 

_______________________________________




The explanation for the answer is:
 
Answer A is correct. The realty company has attempted to impose an equitable servitude on the residents of
the subdivision. An equitable servitude in a deed is only enforceable where a party can establish: 1) intent for
the restriction to be enforceable by subsequent grantees, 2) that the subsequent grantees had notice of the
servitude, and 3) that the restriction touches and concerns the land. In this case, the facts clearly indicate that
there was an intent for the restriction to be enforceable, and that the language of the deeds put subsequent
grantees on notice. The restriction, however, does not touch and concern the land; it does not serve to make
the land more useful or valuable in any way. Therefore, the restriction will not bind the woman, and answer A
is correct. You serious? Having to buy electrical power from only one company definitely touches and concerns the land as it binds all future successors into only using that company. The company may raise rates to whatever it likes, and has a monopoly over that particular area. i was able to quickly eliminate C, and B didn't sound right so I got rid of that as well. That left A and D, and I obviously though that A definitely did apply, so I picked the only thing left, D.
 
Answer B is incorrect because mixing types of residential units does not negate the provisions of a common
development scheme. Answer C is incorrect because the attempted restriction does not purport to limit an
owner's alienation rights. Answer D is incorrect because privity is a requirement for covenants running with the
land, not equitable servitudes.

[Zaizei]

QUESTION: How is the answer what it is?!

A realty company developed a residential development which included single-family dwellings, town houses,
and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant
under which the grantee's "heirs and assigns" agreed to purchase electrical power only from a plant the realty
company promised to build and maintain within the development. The realty company constructed the plant
and necessary power lines. The plant did not supply power outside the development. An appropriate and fair
formula was used to determine price. 
 
After constructing and selling 12,500 of the units, the realty company sold its interest in the development to an
investor company. The investor company operated the power plant and constructed and sold the remaining
12,500 units. Each conveyance from the investor company contained the same covenant relating to electrical
power that the realty company had included in the 12,500 conveyances it had made. 
 
A woman bought a dwelling unit from a man, who had purchased it from the realty company. Subsequently,
the woman, whose lot was along the boundary of the development, ceased buying electrical power from the
investor company and began purchasing power from General Power Company, which provided such service in
the area surrounding the development. Both General Power and the investor company have governmental
authorization to provide electrical services to the area. The investor company instituted an appropriate action
against the woman to enjoin her from obtaining electrical power from General Power. If judgment is for the
woman, it will most likely be because 
 
A: the covenant does not touch and concern the land.
B: the mixture of types of residential units is viewed as preventing one common development scheme.
C: the covenant is a restraint on alienation.
D: there is no privity of estate between the woman and the investor company.
 

_______________________________________




The explanation for the answer is:
 
Answer A is correct. The realty company has attempted to impose an equitable servitude on the residents of
the subdivision. An equitable servitude in a deed is only enforceable where a party can establish: 1) intent for
the restriction to be enforceable by subsequent grantees, 2) that the subsequent grantees had notice of the
servitude, and 3) that the restriction touches and concerns the land. In this case, the facts clearly indicate that
there was an intent for the restriction to be enforceable, and that the language of the deeds put subsequent
grantees on notice. The restriction, however, does not touch and concern the land; it does not serve to make
the land more useful or valuable in any way. Therefore, the restriction will not bind the woman, and answer A
is correct. You serious? Having to buy electrical power from only one company definitely touches and concerns the land as it binds all future successors into only using that company. The company may raise rates to whatever it likes, and has a monopoly over that particular area. i was able to quickly eliminate C, and B didn't sound right so I got rid of that as well. That left A and D, and I obviously though that A definitely did apply, so I picked the only thing left, D.
 
Answer B is incorrect because mixing types of residential units does not negate the provisions of a common
development scheme. Answer C is incorrect because the attempted restriction does not purport to limit an
owner's alienation rights. Answer D is incorrect because privity is a requirement for covenants running with the
land, not equitable servitudes.

Although I understand what you say, I think you got it wrong. As the explanatory answer says, to satisfy the "touch and concern the land" requirement, a restriction has to make the land more useful or valuable, here it makes the land less valuable since it's bound to use only one company.