July 2015 California Bar Exam

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robinhoodOO
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Re: July 2015 California Bar Exam

Postby robinhoodOO » Mon Jul 06, 2015 11:56 pm

InTheWideLand I Walk wrote:off topic rant: its funny how when some people try to predict bar exam subjects, they think "oh in order to predict, we must see what hasnt been tested in a while", when in reality when u look at the exams it seems the majority of the issues overlap with the recent topics.

Other people try to look for "patterns" to predict. like- u really think they follow a pattern? like, "hey team, now we HAVE TO test criminal procedure this year because when i did the algorithm for calculating which exams should come up, it was crim pro."

i think the bar examiners try their best to make it LOOK like there is a pattern, and then deliberately screw with the pattern when they come up with the subjects to be tested. i wouldnt even be shocked if they look at internet post predictions and use that to their advantage.


They're just trying to fuck us...

redblueyellow
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Re: July 2015 California Bar Exam

Postby redblueyellow » Tue Jul 07, 2015 12:33 am

Kaplan provides the common law definition of arson for us to use in the essays/MBE.

Adaptibar says that the MBE will test on "other arson issues" (instead of a specific intent to cause a fire, malice is used instead), and to use the modern trend instead (does not require specific intent and one doesn't have to burn the dwelling of another).

Have you guys run into the modern trend definition for arson on the MBE? It's throwing me off because there's usually an answer choice that will allow for a specific intent answer to also apply (and the fact that you can't "cheap" by determining who's dwelling is being burned).

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robinhoodOO
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Re: July 2015 California Bar Exam

Postby robinhoodOO » Tue Jul 07, 2015 12:41 am

redblueyellow wrote:Kaplan provides the common law definition of arson for us to use in the essays/MBE.

Adaptibar says that the MBE will test on "other arson issues" (instead of a specific intent to cause a fire, malice is used instead), and to use the modern trend instead (does not require specific intent and one doesn't have to burn the dwelling of another).

Have you guys run into the modern trend definition for arson on the MBE? It's throwing me off because there's usually an answer choice that will allow for a specific intent answer to also apply.



It's definitely a malicious burning (i.e. malice or specific intent). I'm pretty sure the Kaplan outline says this too. A sufficiently reckless burning can be considered arson and I want to say a recent Kaplan MBE I came across tested this...

RufioRufio
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Re: July 2015 California Bar Exam

Postby RufioRufio » Tue Jul 07, 2015 12:58 am

I'm sure this topic has been beat to death, but I can't seem to find much on it. Does anyone know a good source for practice questions (not essay) for California Subjects, i.e. Wills, PR, Trusts, CP, etc... I'm taking Barbri, and the format for multiple choice on MBE topics has helped me digest the material much quicker, so I definitely wish they had more to offer in this area. Does anyone knows of resources on the CA subjects that aren't lectures or dense outlines?

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a male human
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Re: July 2015 California Bar Exam

Postby a male human » Tue Jul 07, 2015 1:03 am

What about Law in a Flash?

redblueyellow
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Re: July 2015 California Bar Exam

Postby redblueyellow » Tue Jul 07, 2015 1:18 am

robinhoodOO wrote:
redblueyellow wrote:Kaplan provides the common law definition of arson for us to use in the essays/MBE.

Adaptibar says that the MBE will test on "other arson issues" (instead of a specific intent to cause a fire, malice is used instead), and to use the modern trend instead (does not require specific intent and one doesn't have to burn the dwelling of another).

Have you guys run into the modern trend definition for arson on the MBE? It's throwing me off because there's usually an answer choice that will allow for a specific intent answer to also apply.



It's definitely a malicious burning (i.e. malice or specific intent). I'm pretty sure the Kaplan outline says this too. A sufficiently reckless burning can be considered arson and I want to say a recent Kaplan MBE I came across tested this...


Hmm, interesting. I haven't looked at their outlines this time around (only used the audio lectures), so they might've cut some bits out.

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robinhoodOO
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Re: July 2015 California Bar Exam

Postby robinhoodOO » Tue Jul 07, 2015 1:23 am

redblueyellow wrote:
robinhoodOO wrote:
redblueyellow wrote:Kaplan provides the common law definition of arson for us to use in the essays/MBE.

Adaptibar says that the MBE will test on "other arson issues" (instead of a specific intent to cause a fire, malice is used instead), and to use the modern trend instead (does not require specific intent and one doesn't have to burn the dwelling of another).

Have you guys run into the modern trend definition for arson on the MBE? It's throwing me off because there's usually an answer choice that will allow for a specific intent answer to also apply.



It's definitely a malicious burning (i.e. malice or specific intent). I'm pretty sure the Kaplan outline says this too. A sufficiently reckless burning can be considered arson and I want to say a recent Kaplan MBE I came across tested this...


Hmm, interesting. I haven't looked at their outlines this time around (only used the audio lectures), so they might've cut some bits out.


This doesn't surprise me and I've already encountered numerous issues of things "cut out." Anyway, I thought Corn (the CrimLaw/Pro) lecturer was terrible, so it would surprise me even less. Rest assured, the standard is a malicious burning. Look for extremely reckless acts involving fire near a dwelling that result in a burning (i.e. shooting highly flammable fireworks over neighbor's house because you dislike him). Specific intent is not necessary ;)

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SpAcEmAn SpLiFF
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Re: July 2015 California Bar Exam

Postby SpAcEmAn SpLiFF » Tue Jul 07, 2015 3:01 am

Hi guys,
Quick question: if there's prospective doubt as to the fulfillment of a contract and you don't receive adequate assurance after demanding it, what happens? Can you treat the contract as repudiated?

Thanks thanks

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paulshortys10
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Re: July 2015 California Bar Exam

Postby paulshortys10 » Tue Jul 07, 2015 8:54 am

I'm sure this has been asked to death in the forum and this thread.....but how are you guys approaching the PT. It can be a very easy way to get a lot of points, but it can also be a very time consuming thing to practice if you already possess that skill (not saying I do). How many complete-timed PT's will you guys be doing? How many will you guys be outlining or just looking over?

My biggest concerns are knowing how to organize and do particular assignments (such as a letter to a client) and being able to finish everything in time.

RufioRufio
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Re: July 2015 California Bar Exam

Postby RufioRufio » Tue Jul 07, 2015 9:44 am

a male human wrote:What about Law in a Flash?


Thanks! Too bad about the price, but I guess at this point its minimal compared to the absurd cost of Barbri. I checked out some samples and they look OK. Do you use them/can you vouch for how complete they are or if they are pretty helpful?

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crumpetsandtea
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Re: July 2015 California Bar Exam

Postby crumpetsandtea » Tue Jul 07, 2015 11:31 am

paulshortys10 wrote:I'm sure this has been asked to death in the forum and this thread.....but how are you guys approaching the PT. It can be a very easy way to get a lot of points, but it can also be a very time consuming thing to practice if you already possess that skill (not saying I do). How many complete-timed PT's will you guys be doing? How many will you guys be outlining or just looking over?

My biggest concerns are knowing how to organize and do particular assignments (such as a letter to a client) and being able to finish everything in time.

How many have you done so far? Are you running out of time? Also, are you using a prep course or self study?


If your main concern is how to structure a response but you feel comfortable with your ability to digest the prompts and write, then I would just review a few varieties of calls to see how the model answers are structured. If you're running out of time or don't feel comfortable I'd probably outline one or two so I get more practice.

My question is this... What's the best way to memorize rules for the essays? I'm trying to write out rule outlines on my own right now and it's definitely helping but there are still smaller rules that I am having trouble remembering. Is it just a matter of practicing or do people have tricks they use?

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robinhoodOO
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Re: July 2015 California Bar Exam

Postby robinhoodOO » Tue Jul 07, 2015 11:42 am

SpAcEmAn SpLiFF wrote:Hi guys,
Quick question: if there's prospective doubt as to the fulfillment of a contract and you don't receive adequate assurance after demanding it, what happens? Can you treat the contract as repudiated?

Thanks thanks


It's more a remedies question, but upon expiration of the time to provide adequate assurances, the K is deemed repudiated and you can sue for damages immediately. If you sue prior to or suspend/withhold performance, you could potential find yourself in material breach.

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Teoeo
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Re: July 2015 California Bar Exam

Postby Teoeo » Tue Jul 07, 2015 11:45 am

crumpetsandtea wrote:
paulshortys10 wrote:I'm sure this has been asked to death in the forum and this thread.....but how are you guys approaching the PT. It can be a very easy way to get a lot of points, but it can also be a very time consuming thing to practice if you already possess that skill (not saying I do). How many complete-timed PT's will you guys be doing? How many will you guys be outlining or just looking over?

My biggest concerns are knowing how to organize and do particular assignments (such as a letter to a client) and being able to finish everything in time.

How many have you done so far? Are you running out of time? Also, are you using a prep course or self study?


If your main concern is how to structure a response but you feel comfortable with your ability to digest the prompts and write, then I would just review a few varieties of calls to see how the model answers are structured. If you're running out of time or don't feel comfortable I'd probably outline one or two so I get more practice.

My question is this... What's the best way to memorize rules for the essays? I'm trying to write out rule outlines on my own right now and it's definitely helping but there are still smaller rules that I am having trouble remembering. Is it just a matter of practicing or do people have tricks they use?


I used acronyms for everything. I also created the most ridiculous associations possible so that I would remember the acronyms. For example, I still remember that the elements for a covenant are privity, intent, notice, touch and concerns land, and statute of frauds. The acronym for those elements is PINTS (that much is taught in many courses). How I remembered PINTS, however, is what is unique to me. Here is my ridiculous association:

In the movie underworld, Selene breaks the covenant to awaken the elder vampires in a specific order. Victor gets mad when he is awakened and yells "YOU HAVE BROKEN THE COVENANT." Now I associate covenants with vampires. Vampires drink blood, which they store in..... PINTS! Bizarre association complete :)

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crumpetsandtea
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Re: July 2015 California Bar Exam

Postby crumpetsandtea » Tue Jul 07, 2015 12:15 pm

Thanks for the advice! Acronyms have been helpful to me in the past before too (and mnemonics) so I should probably try and do that where i can.

Another q - does anyone have a good sheet comparing CA and ABA rules for PR? Ideally something that directly compares/contrasts in a 2 column table or something. If not, I can make my own, but I was hoping someone else had done the work for me :P

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SpAcEmAn SpLiFF
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Re: July 2015 California Bar Exam

Postby SpAcEmAn SpLiFF » Tue Jul 07, 2015 2:36 pm

robinhoodOO wrote:
SpAcEmAn SpLiFF wrote:Hi guys,
Quick question: if there's prospective doubt as to the fulfillment of a contract and you don't receive adequate assurance after demanding it, what happens? Can you treat the contract as repudiated?

Thanks thanks


It's more a remedies question, but upon expiration of the time to provide adequate assurances, the K is deemed repudiated and you can sue for damages immediately. If you sue prior to or suspend/withhold performance, you could potential find yourself in material breach.

Thanks. Do you know how long the potentially breaching party has to provide adequate assurance? Is it just a "reasonable" amount of time?

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robinhoodOO
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Re: July 2015 California Bar Exam

Postby robinhoodOO » Tue Jul 07, 2015 2:44 pm

SpAcEmAn SpLiFF wrote:
robinhoodOO wrote:
SpAcEmAn SpLiFF wrote:Hi guys,
Quick question: if there's prospective doubt as to the fulfillment of a contract and you don't receive adequate assurance after demanding it, what happens? Can you treat the contract as repudiated?

Thanks thanks


It's more a remedies question, but upon expiration of the time to provide adequate assurances, the K is deemed repudiated and you can sue for damages immediately. If you sue prior to or suspend/withhold performance, you could potential find yourself in material breach.

Thanks. Do you know how long the potentially breaching party has to provide adequate assurance? Is it just a "reasonable" amount of time?


UCC 2:609: Request for Adequate Assurances must be in writing and adequate assurances provided within a reasonable time not to exceed 30 days thereafter.
Common Law (restatement 251, I think): May be oral or in writing and adequate assurances must be made within a reasonable amount of time thereafter (depends on K--i.e. whether long-term or short-term)

Charger
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Re: July 2015 California Bar Exam

Postby Charger » Tue Jul 07, 2015 3:00 pm

crumpetsandtea wrote:Thanks for the advice! Acronyms have been helpful to me in the past before too (and mnemonics) so I should probably try and do that where i can.

Another q - does anyone have a good sheet comparing CA and ABA rules for PR? Ideally something that directly compares/contrasts in a 2 column table or something. If not, I can make my own, but I was hoping someone else had done the work for me :P


Would appreciate this too if anyone has one. Thanks in advance.

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a male human
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Re: July 2015 California Bar Exam

Postby a male human » Tue Jul 07, 2015 3:04 pm

I'll try to make a table by tonight and see if's useful to you guys.

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brotherdarkness
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Re: July 2015 California Bar Exam

Postby brotherdarkness » Tue Jul 07, 2015 4:03 pm

On the MBE, are we using common law burglary? Ie, does it have to be at night and of a dwelling-house?

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paulshortys10
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Re: July 2015 California Bar Exam

Postby paulshortys10 » Tue Jul 07, 2015 4:38 pm

brotherdarkness wrote:On the MBE, are we using common law burglary? Ie, does it have to be at night and of a dwelling-house?

Yes unless told otherwise.

redblueyellow
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Re: July 2015 California Bar Exam

Postby redblueyellow » Tue Jul 07, 2015 8:30 pm

a male human wrote:I'll try to make a table by tonight and see if's useful to you guys.


Omg, this would be helpful! Pls op!

InTheWideLand I Walk
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Re: July 2015 California Bar Exam

Postby InTheWideLand I Walk » Tue Jul 07, 2015 8:46 pm

robinhoodOO wrote:
InTheWideLand I Walk wrote:off topic rant: its funny how when some people try to predict bar exam subjects, they think "oh in order to predict, we must see what hasnt been tested in a while", when in reality when u look at the exams it seems the majority of the issues overlap with the recent topics.

Other people try to look for "patterns" to predict. like- u really think they follow a pattern? like, "hey team, now we HAVE TO test criminal procedure this year because when i did the algorithm for calculating which exams should come up, it was crim pro."

i think the bar examiners try their best to make it LOOK like there is a pattern, and then deliberately screw with the pattern when they come up with the subjects to be tested. i wouldnt even be shocked if they look at internet post predictions and use that to their advantage.


They're just trying to fuck us...


exactly! whats even worse is they retroactively grade.. they make up the "grading criteria" AFTER the exam is over and AFTER they looked at peoples essay answers, just to make sure they fail more people.

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a male human
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Re: July 2015 California Bar Exam

Postby a male human » Tue Jul 07, 2015 9:34 pm

I whipped up this table for the ABA/CA rules:

https://goo.gl/SeftiD

Keep in mind this is NOT an exhaustive list of rules you should know for the exam but rather a highlight of the rules I know of that diverge and may be worth discussing if the call prompts for a discussion under both ABA Model Rules and CA law. But TBH they didn't seem to give a shit when I guessed and said "Under ABA and CA rules..." when I was unsure if there were rules to be distinguished.

Let me know if this helps and if there's anything I should change.

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a male human
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Re: July 2015 California Bar Exam

Postby a male human » Tue Jul 07, 2015 9:37 pm

RufioRufio wrote:
a male human wrote:What about Law in a Flash?


Thanks! Too bad about the price, but I guess at this point its minimal compared to the absurd cost of Barbri. I checked out some samples and they look OK. Do you use them/can you vouch for how complete they are or if they are pretty helpful?

They were helpful for helping me understand tricky concepts by using hypotheticals. They're also small and easy to carry around. I remember carrying a few Evidence cards in my wallet that I pulled out at Starbucks (on my way to pick up some used Barbri books) because I kept forgetting the admissibility of certain intrinsic and extrinsic testimonial evidence.

If you need the extra boost, I would get the cards for the subjects you don't feel great about (not for every subject). Also consider used ones for a lower price if you don't mind the waiting (as individual sellers may linger around before using a low-priced shipping option) http://www.gettextbooks.com/

Charger
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Re: July 2015 California Bar Exam

Postby Charger » Tue Jul 07, 2015 9:42 pm

a male human wrote:I whipped up this table for the ABA/CA rules:

https://goo.gl/SeftiD

Keep in mind this is NOT an exhaustive list of rules you should know for the exam but rather a highlight of the rules I know of that diverge and may be worth discussing if the call prompts for a discussion under both ABA Model Rules and CA law. But TBH they didn't seem to give a shit when I guessed and said "Under ABA and CA rules..." when I was unsure if there were rules to be distinguished.

Let me know if this helps and if there's anything I should change.


This is very helpful. Thank you!




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