July 2015 California Bar Exam Forum

[mushybrain]

People commuting in without a car/hotel room to store shit, are you leaving your phone at home or just leaving it in a bag in the hallway? What's the norm? It'd be nice to have on my way in in case something goes wrong with my travel plans, but obv not mission critical.

I would leave it in the car and bring the key with me, so there is no risk of losing my phone.

Also, I was walking by Sac convention center and felt the chill down my core. I am definitely not ready for this.

Yeah I'm just getting dropped off so I won't have a vehicle there either.

[BrokenMouse]

lol

[robinhoodOO]

I seriously hope they do not test on Contracts or Wills & Trust. If I see K involving parole evidence bullshit im walking out of there and saving up for Feb bar fees.

Someone said they're not likely to test contracts again, but you never know. I'd prefer they didn't.

That said: BRING ON Wills and/or Trusts. 2 topics I know well

[Aureusmons]

How many forms of ID do we need?

[robinhoodOO]

How many forms of ID do we need?

Just one: Driver's License or Passport or other State Issued ID.

Also, your admittance ticket

Oh, and hopes, dreams, and prayers are recommended

[brotherdarkness]

How many forms of ID do we need?

Instructions say just one government issued photo ID (e.g., drivers license, passport, etc.). The instructions also say that we'll be fingerprinted during the exam.

[a male human]

Hey guys, have we discussed subjects likely to be on the essays? Sorry I'm kind of newb and do not know how to search through threads for this post. (Not that I'm basing my studies around speculation)

Yes, there is an entire thread dedicated to it.

Here you go

http://top-law-schools.com/forums/viewt ... 1&t=251581

I didn't immediately realize your first post was a joke post

[robinhoodOO]

Hey guys, have we discussed subjects likely to be on the essays? Sorry I'm kind of newb and do not know how to search through threads for this post. (Not that I'm basing my studies around speculation)

Yes, there is an entire thread dedicated to it.

Here you go

http://top-law-schools.com/forums/viewt ... 1&t=251581

I didn't immediately realize your first post was a joke post

I intended to lean into the guesses slowly for that very reason

Was hoping people would have a good laugh at it by the end of it

[Alcibiades]

If there is an evidence question is there a default law to apply CA/FED or is it all call of the question?

[Tiago Splitter]

If there is an evidence question is there a default law to apply CA/FED or is it all call of the question?

Apply FRE unless it says otherwise.

[notcool]

If there is an evidence question is there a default law to apply CA/FED or is it all call of the question?

Apply FRE unless it says otherwise.

It's the same sort of deal with Civ Pro, right?

Also... if you get a Civ Pro question wanting California law but you just answer with federal law because you go blank on CA law, how badly would that affect your essay score? (seriously). I'm really underprepared regarding CA Civ Pro but I just don't care anymore. Hoping it's not tested.

[fadedsunrise]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

[gaagoots]

.

[brotherdarkness]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

What does this no extension cord thing mean? Can I not have the long cable on the MacBook charger, or are they referring to literal extension cords?

[gaagoots]

.

[redblueyellow]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

What does this no extension cord thing mean? Can I not have the long cable on the MacBook charger, or are they referring to literal extension cords?

Literal extension cord.

[robinhoodOO]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

What does this no extension cord thing mean? Can I not have the long cable on the MacBook charger, or are they referring to literal extension cords?

No--haha. They are just making sure people are perfectly clear that you need your standard charging cable. Everyone I've spoken with has said there are sufficient and relatively accessible plugs. Only one time in Oakland did some of the plugs not work (just last feb actually--people were PISSED!)

I'm sure some moron forgot in the past and blamed the rest of the world...

[robinhoodOO]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

When your exam is done check your battery power see if it's holding a charge. If it didn't ask to be moved to a table with working power outlets. Believe it or not there will be empty spots with no shows in every testing center. I pray I won't sit next to the guy who coughed the whole time and didn't use his inhalers.

I'll boy-in-the-bubble the first person to start hacking up a lung near me

[brotherdarkness]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

What does this no extension cord thing mean? Can I not have the long cable on the MacBook charger, or are they referring to literal extension cords?

No--haha. They are just making sure people are perfectly clear that you need your standard charging cable. Everyone I've spoken with has said there are sufficient and relatively accessible plugs. Only one time in Oakland did some of the plugs not work (just last feb actually--people were PISSED!)

I'm sure some moron forgot in the past and blamed the rest of the world...

I'd be pissed too. Idk if my laptop can go for six hours without a charge...

[dueprocess14]

Hi all,

Just wanted to send everyone good wishes on tomorrow's exam! I took it in February and was totally, utterly, convinced I failed. I realized after the MBE day that I'd gotten a number of questions wrong that were usually easy for me, and I was literally making stabs in the dark on my second day of essays because I got my worse subjects (trusts, biz orgs, remedies) that I had barely had time to study.

I was in fact SO convinced I failed that I booked hotels and plane tickets and told my judge I'd need a week off to take it again. Fortunately, I was wrong, and when I requested my MBE waive-in checks for MN/ND/DC, it turned out my MBE was well north of passing, even though I felt certain I had bombed it.

The test is designed to make you think you did horribly, because it's impossible to learn it all. But partial credit counts, so even if you don't know for sure, make it up, provide a lot of analysis, and be thorough in your answers. Use every single minute, and have clear headings, subheadings, and underline important holdings, conclusions, etc. My entire trusts essay was bullshit because I had literally spent about 1.5 hours total learning trusts. Yet somehow I wrote almost 2,000 words as an answer.

Moral of the story? Don't give up! Stick to your guns, analyze the hell out of every single fact you see, and remember that the VAST majority of people walk out feeling like they failed, and lots of them still pass. Repress the urge to throw in the towel, and fight to the very end. GOOD LUCK!

And yes - the hoodie rule is not enforced at all. In my Oakland test center, there were dozens of people rocking the hoodie, which was fine as long as it was down. And you are allowed to bring a laptop charger in.

[redblueyellow]

FRE Evidence - Hearsay - Business Records Exception

Confused on one of the element. It says that personal knowledge is required. Is that personal knowledge of the person making the record (likely the custodian of the records who's likely in charge of the thousands if not more records that come into his possession for storage and safekeeping... IT??) or personal knowledge from the actual person who made the record?

For example, it is routine practice for an employee of a company to write a written record of their day if they are on a business trip and then submit it to their manager. If they got injured during a business trip and wrote the report indicating as such and sent it to their manager, who then sent it to their record keeper/HR? for storage, how does the record keeper have personal knowledge of the facts?

Leansheets says that the record must have been made by one with personal knowledge, or within the personal knowledge of one that had a business duty to transmit the information to the entrant.

I assume that the entrant (record keeper) would satisfy the personal knowledge requirement if someone told them the facts of the record and the record keeper created the record? If so, how do we then prove that it was made at or near the time of the event if facts were not explicitly provided?

I remember an MBE question where the answer choice hinged on the fact that there was personal knowledge by the record keeper or something. I think I got it wrong because I said there was personal knowledge when there wasn't personal knowledge of the event by the record keeper.

[robinhoodOO]

Hi all,

Just wanted to send everyone good wishes on tomorrow's exam! I took it in February and was totally, utterly, convinced I failed. I realized after the MBE day that I'd gotten a number of questions wrong that were usually easy for me, and I was literally making stabs in the dark on my second day of essays because I got my worse subjects (trusts, biz orgs, remedies) that I had barely had time to study.

I was in fact SO convinced I failed that I booked hotels and plane tickets and told my judge I'd need a week off to take it again. Fortunately, I was wrong, and when I requested my MBE waive-in checks for MN/ND/DC, it turned out my MBE was well north of passing, even though I felt certain I had bombed it.

The test is designed to make you think you did horribly, because it's impossible to learn it all. But partial credit counts, so even if you don't know for sure, make it up, provide a lot of analysis, and be thorough in your answers. Use every single minute, and have clear headings, subheadings, and underline important holdings, conclusions, etc. My entire trusts essay was bullshit because I had literally spent about 1.5 hours total learning trusts. Yet somehow I wrote almost 2,000 words as an answer.

Moral of the story? Don't give up! Stick to your guns, analyze the hell out of every single fact you see, and remember that the VAST majority of people walk out feeling like they failed, and lots of them still pass. Repress the urge to throw in the towel, and fight to the very end. GOOD LUCK!

And yes - the hoodie rule is not enforced at all. In my Oakland test center, there were dozens of people rocking the hoodie, which was fine as long as it was down. And you are allowed to bring a laptop charger in.

Thanks for this man! And well done on passing!!!

[fadedsunrise]

If we can't bring an extension cord for the laptop charger, what are we supposed to do if we get stuck next to a bad charger? handwrite? I have a Mac and the battery will last at least the morning session but definitely not the entire 6 hours running Softest full time, even if I charge it fully the night before

When your exam is done check your battery power see if it's holding a charge. If it didn't ask to be moved to a table with working power outlets. Believe it or not there will be empty spots with no shows in every testing center. I pray I won't sit next to the guy who coughed the whole time and didn't use his inhalers.

Will keep this in mind.

Will strangle/gag guy/gal with my sweater if they start hacking.

[BuenAbogado]

Can someone explain tracing vs. exhaustion?

A quick IRAC with a hypo would be prime.

Thnx

[acronyx]

FRE Evidence - Hearsay - Business Records Exception

Confused on one of the element. It says that personal knowledge is required. Is that personal knowledge of the person making the record (likely the custodian of the records who's likely in charge of the thousands if not more records that come into his possession for storage and safekeeping... IT??) or personal knowledge from the actual person who made the record?

For example, it is routine practice for an employee of a company to write a written record of their day if they are on a business trip and then submit it to their manager. If they got injured during a business trip and wrote the report indicating as such and sent it to their manager, who then sent it to their record keeper/HR? for storage, how does the record keeper have personal knowledge of the facts?

Leansheets says that the record must have been made by one with personal knowledge, or within the personal knowledge of one that had a business duty to transmit the information to the entrant.

I assume that the entrant (record keeper) would satisfy the personal knowledge requirement if someone told them the facts of the record and the record keeper created the record? If so, how do we then prove that it was made at or near the time of the event if facts were not explicitly provided?

I remember an MBE question where the answer choice hinged on the fact that there was personal knowledge by the record keeper or something. I think I got it wrong because I said there was personal knowledge when there wasn't personal knowledge of the event by the record keeper.

It's my understanding that the business records exception is limited to things people normally rely on in business that don't really allow for narration/editorializing.

Inventories, account records, timecards, sure -- these are all used for valid business reasons unrelated to litigation (I mean, yes, people have been sued for this stuff, but you get my point. I hope.). But any "injury report" invites a party to paint the picture in a certain way. Even narrative emails about one's business trip are probably not business records under the exception.