2017 February California Bar Exam Forum

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LockBox

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Re: 2017 February California Bar Exam

Post by LockBox » Fri Jan 20, 2017 2:16 pm

rcharter1978 wrote:
optimistic_owl wrote:I have a question about pulling the legal rules in the PTs. My question/concern boils down to this: Can we recite the rule statements verbatim from the cases/library without using quotes? I'm currently using Themis, and I've noticed that their model answer always cite the rules word-for-word without even using quotes. (At the end of the paragraph, the answer would then cite to the correct case/statute.) I feel like this is bordering on plagiarism, and would be down-graded by the readers.

However, I realize that I spend precious minutes trying to write out the rule statements and/or make them flow using quotations. BUT, perhaps I am doing it all wrong. Can I really just copy an entire rule statement (even if it's 2-3 sentences, and with many factors) word-for-word -- or sometimes insert a "however" or "additionally," as Themis does -- without using quotes??

This would make life seeming so much easier on the PTs and save me a lot of time and headache :?
On my PT's I tended to re-state the rule in my own words, or I would synthesize a rule from the cases, in which case it was in my own words. I rarely copied directly from the case. If I did, I would use quotes though. But, as you said typing out an entire 3 lines of a rule may be a waste of time if you can simply restate it in your own words using one line.
I definitely agree with this as well. The only note I would make is to always keep in mind who the audience in the PT is: Is this a brief to a court? Then cite the legal rule. Is it a letter to a client? Give them a synopsis. Letter to opposing counsel? Use your judgment.

But I agree with rcharter, short of a brief to a court, I wouldn't copy word-for-word an entire three line rule statement. I think even if it was a brief, I could still boil down the rule, give the necessary cite and move on. Write in a lawyer-like fashion (whatever that means).

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Re: 2017 February California Bar Exam

Post by ledv » Wed Feb 08, 2017 2:28 am

MACBOOK USERS USING EXAMSOFT:

did you guys update to the latest version for el Capitan? Im currently on a prior version 10.11.6. and wanted to know if examsoft would be okay on that or if its safe to use the new version...i know during undergrad there was a new update and alot of computers crashed. dont want to risk it...thoughts?

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TheLegalOne

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Re: 2017 February California Bar Exam

Post by TheLegalOne » Tue Feb 14, 2017 3:30 am

ledv wrote:MACBOOK USERS USING EXAMSOFT:

did you guys update to the latest version for el Capitan? Im currently on a prior version 10.11.6. and wanted to know if examsoft would be okay on that or if its safe to use the new version...i know during undergrad there was a new update and alot of computers crashed. dont want to risk it...thoughts?
Did you get the update? It's time for me to update to Sierra but I'm not sure I want to chance anything new/different on my computer at his time.

6lehderjets

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Re: 2017 February California Bar Exam

Post by 6lehderjets » Tue Feb 14, 2017 11:43 pm

Does anyone have a list of CA Wills Distinctions handy? I want to make sure I'm not missing any.

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Re: 2017 February California Bar Exam

Post by a male human » Wed Feb 15, 2017 1:13 am

6lehderjets wrote:Does anyone have a list of CA Wills Distinctions handy? I want to make sure I'm not missing any.
I'm not sure if there's a whole lot of differences from general (common law) wills law you need to know.

Here's all I'm aware of:

VALIDITY OF WILL
- A will executed outside of CA is valid in CA if it was valid where executed
- Contractual wills to make/revoke/contest wills are recognized in CA, if the existence of the contractual agreement can be proven because it is stated in the will along with the contractual provisions

REVOCATION & REVIVAL
- Lost will: CA presumes that a will is known to be in T’s presence. If not found, CA presumes T revoked it

CHANGES IN DISTRIBUTION OF PROPERTY
- No right of exoneration: In CA (cf. common law), a specific devise passes subject to any liens existing at death

FAMILY PROTECTION
- CA construes “child” liberally—natural, adopted, halfblood, born out of wedlock, etc.—unless specified

INTESTACY (no will or will fails)
- In CA, the presumptive distribution manner is per stirpes (per capita with right of representation) per section 240 of the Probate Code. This presumption may be overridden by specifying in a will or trust.
- In CA, registered domestic partners are recognized as spouses

Hmm, OK, I guess there's quite a few in there! Let me know if this looks accurate and if you're aware of anything else.

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rcharter1978

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Wed Feb 15, 2017 5:58 am

6lehderjets wrote:Does anyone have a list of CA Wills Distinctions handy? I want to make sure I'm not missing any.
Would you really need to know the distinctions? I remember wills and trusts being a .CA only subject.

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Re: 2017 February California Bar Exam

Post by LockBox » Wed Feb 15, 2017 8:21 pm

I want to say to all of you Feb '17 CBX takers out there, embrace the fact that you'll be the last group (maybe ever?) to take the 3-day beast of an exam. Consider it an honor and keep your drive and motivation high each night, but especially on the night before day 3. Remember, it's not over until its over.

And no thinking about how it's a 2-day exam in July - get it done this time and be done with it.

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TheLegalOne

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Re: 2017 February California Bar Exam

Post by TheLegalOne » Thu Feb 16, 2017 6:22 am

TheLegalOne wrote:
ledv wrote:MACBOOK USERS USING EXAMSOFT:

did you guys update to the latest version for el Capitan? Im currently on a prior version 10.11.6. and wanted to know if examsoft would be okay on that or if its safe to use the new version...i know during undergrad there was a new update and alot of computers crashed. dont want to risk it...thoughts?
Did you get the update? It's time for me to update to Sierra but I'm not sure I want to chance anything new/different on my computer at his time.
I upgraded to Sierra and was able to download ExamSoft and take the mock exams. The submittal was successful. I also saw a notice on ExamSoft's site that Sierra will work with ExamSoft.

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Calvin Murphy

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Re: 2017 February California Bar Exam

Post by Calvin Murphy » Sun Feb 19, 2017 5:47 pm

A couple procedural questions...

1) Are the essays and PTs given out in booklets regardless of whether one is a laptop taker or a writer? In other words, I don't have to worry about the prompts existing only on the computer, right?

2) Are there any commonly overlooked rules/regulations that end up getting people thrown out before the test starts, or otherwise cause problems? My understanding is that writing utensils are not provided (which is the opposite of some states, where they cannot be brought by the applicant and are provided at the test site).

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Re: 2017 February California Bar Exam

Post by a male human » Sun Feb 19, 2017 5:57 pm

Calvin Murphy wrote:A couple procedural questions...

1) Are the essays and PTs given out in booklets regardless of whether one is a laptop taker or a writer? In other words, I don't have to worry about the prompts existing only on the computer, right?

2) Are there any commonly overlooked rules/regulations that end up getting people thrown out before the test starts, or otherwise cause problems? My understanding is that writing utensils are not provided (which is the opposite of some states, where they cannot be brought by the applicant and are provided at the test site).
1. Yes, booklets are given regardless.

2. I don't know if this is a common mistake, but don't bring paper clips on Wednesday. NCBE's allowed items are different. I had someone rummage through my bag to remove the paper clip holding my ticket and ID while I was trying to concentrate on the MBE.

Check the list here: http://admissions.calbar.ca.gov/Portals ... 0616_R.pdf

Other tips to get your exam going on the right track:
- Scope out the test center. Monday is a good day to walk around the venue, get familiar with the geography, and see where the exam will be held. You may run into organizers trying to keep people from peeking into the actual room, but at least you can become familiar with where to go the next day. One fewer thing to panic about on Tuesday.
- Bring an analog watch. There may not be a clock in the test room. Set it to noon as each exam period begins to put yourself on track. Guidelines: 1 hour per essay. 33 MBE questions per hour. 17 per half hour.
- Get to the test center on time. Know when you should be seated (check the file above). Don’t be late and start off frantically.
- Avoid people you know. (This is more of a personal preference; you may prefer otherwise.) Get a hotel or Airbnb room for yourself (or home, only if you live alone and really close by). During lunch time, go back to your car or sink into an actual bed to close your eyes and rest and/or eat food that you've stocked. Peace and solitude will help you focus instead of being conscious of classmates or relatives. You can always chat online in convenient comfort, on your own terms (such as here on TLS).
- Lastly... Once you're in the test center, try to worry less. It's too late and early for that. Don't let yourself waste your mental energy, at least until the exam is over. Just look ahead and admire the buttcrack of the person sitting in front of you.

Break a leg, and keep us updated!

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rcharter1978

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Sun Feb 19, 2017 6:55 pm

Calvin Murphy wrote:A couple procedural questions...

1) Are the essays and PTs given out in booklets regardless of whether one is a laptop taker or a writer? In other words, I don't have to worry about the prompts existing only on the computer, right?

2) Are there any commonly overlooked rules/regulations that end up getting people thrown out before the test starts, or otherwise cause problems? My understanding is that writing utensils are not provided (which is the opposite of some states, where they cannot be brought by the applicant and are provided at the test site).
2) LOL, they are pretty clear about rule 19 violations. Just remember that you can ONLY bring pencils and your travel clock on day 2. I was that girl with like 20 different colored pens and 10 highlighters.....and a back pillow....

Also, remember that you can't bring a pencil sharpener on day 2. I have a thing about using super sharp pencils, so I literally had 20 super sharp pencils ready to go (ticongeroga blacks, because I only roll with high quality erasers)

The only thing I could think of is if you started to do something insane like trying to talk to someone or tried to start eating something in the room. Or maybe if you brought in a water bottle. But again they will just tell you to get rid of it before you start.

Oh, I'm not sure if you can wear hats, but they will just tell you to take it off if it's not allowed.

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rcharter1978

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Sun Feb 19, 2017 7:01 pm

A male human has a great list of tips, but I used an analog travel clock and it was an absolute lifesaver. I got mine for like 5 bucks at wal mart. It was nice because the numbers were pretty big, and I could just set it on the desk. I think it's a matter of personal preference, so i think the watch world well for a lot of people.

But I knew I would be checking time a lot, so I wanted something I could just easily glance at on the desk. I was able to set it at 12, so I could track progress for 3 hours.

Either way, just so you know that both options are open to you.

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Re: 2017 February California Bar Exam

Post by drawingasmile » Sun Feb 19, 2017 10:47 pm

So it looks like its going to rain on Tuesday in Oakland... My gut says we probably can't bring in umbrellas to the testing area, so do we have to put them outside in the lobby? :(

Good luck all!

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rcharter1978

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Mon Feb 20, 2017 12:34 am

drawingasmile wrote:So it looks like its going to rain on Tuesday in Oakland... My gut says we probably can't bring in umbrellas to the testing area, so do we have to put them outside in the lobby? :(

Good luck all!
I would think so. At my location people wore hoodies, which is what I might do if it wasn't a torrential downpour.

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Re: 2017 February California Bar Exam

Post by a male human » Mon Feb 20, 2017 11:31 pm

All those weeks of thinking this day would never come, and you're finally here. Can you believe it?

This thread has been pretty dead, so I assume you've been studying hardcore. In case you're still lurking (yo 6lehderjets, I still wanna know if my CA Wills list was good or not), some last words before you go. A reader emailed me a couple days ago, and I thought this excerpt would be a helpful mindset for you:

"I don't know if it's because I am tired of studying, I am at peace that I have done everything I can or if I just am numb from the militant repeated practice of essay and MBE and PT over and over and over again, but I really am not stressed about the exam. . . .

I like the idea that this week is a practice run. I decided to show up with two attitudes, that being the first. The second is that 'i am just a lawyer here to solve problems.' My idea is that I am not a student trying to pass a giant/horrible/exhausting test. My mind set is that I'm already an attorney and I am just showing up for a very busy 3-day work week where my clients are all dicks and waited until the last minute to bring me their cases, so I have to solve all of their problems in a time crunch #zealousrepresentation. It keeps the bar from getting bigger than I am, because it's not. It's just a dumb test I need to pass so I can get to where I really want to be."

No dramatic handkerchief waving from me. Just go do it and post here to keep everyone updated :)

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TheLegalOne

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Re: 2017 February California Bar Exam

Post by TheLegalOne » Tue Feb 21, 2017 12:49 am

a male human wrote:All those weeks of thinking this day would never come, and you're finally here. Can you believe it?

This thread has been pretty dead, so I assume you've been studying hardcore. In case you're still lurking (yo 6lehderjets, I still wanna know if my CA Wills list was good or not), some last words before you go. A reader emailed me a couple days ago, and I thought this excerpt would be a helpful mindset for you:

"I don't know if it's because I am tired of studying, I am at peace that I have done everything I can or if I just am numb from the militant repeated practice of essay and MBE and PT over and over and over again, but I really am not stressed about the exam. . . .

I like the idea that this week is a practice run. I decided to show up with two attitudes, that being the first. The second is that 'i am just a lawyer here to solve problems.' My idea is that I am not a student trying to pass a giant/horrible/exhausting test. My mind set is that I'm already an attorney and I am just showing up for a very busy 3-day work week where my clients are all dicks and waited until the last minute to bring me their cases, so I have to solve all of their problems in a time crunch #zealousrepresentation. It keeps the bar from getting bigger than I am, because it's not. It's just a dumb test I need to pass so I can get to where I really want to be."

No dramatic handkerchief waving from me. Just go do it and post here to keep everyone updated :)
Thank you for all of the tips and encouragement.

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Re: 2017 February California Bar Exam

Post by BlenderBtl90 » Tue Feb 21, 2017 1:32 am

GOOOOOOOOOD LUCK THE NEXT FEW DAYS!

HIT THE BAR EXAM LIKE IT STOLE YOUR MAN/WOMAN/SIGNIFICANT OTHER!

Sincerely,
Feb 2016 retaker who passed it and is sending you tons of love and good vibes.

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Re: 2017 February California Bar Exam

Post by aunt_pearl » Tue Feb 21, 2017 3:16 am

Good luck all!!!

You can do it.

I'm a retaker who passed on my 2nd try.

My biggest hint is just structure, structure, structure. IRAC everything, and I mean everything.

You got this!

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rcharter1978

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Tue Feb 21, 2017 4:57 am

More good vibes!

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Re: 2017 February California Bar Exam

Post by sittin_pretty » Tue Feb 21, 2017 10:21 am

A friend just sent me a text of flowers and I responded with this: If you picked those flowers from somebody else's property they could have a trespass claim if you intentionally went onto their property to pick the flowers, and even if the flowers did not have any economic value, they could get nominal damages. If they were worth something, they could get general actual compensatory images as well. They also have the legal remedy of ejectment to get you off of their land. If you tried to defend your actions by saying you had some kind of easement allowing on the land, you would have to show easement by prescription, or implied or express easement. However, if they tried to file criminal charges against you claim a burglary, even though they know that picking flowers is not a felony and burglary requires entering a property for purposes of a felony, you could then have a malicious prosecution claim in court against them. First though, you would have to show not only that they knew that they lacked probable cause to bring the claim but brought it anyway for purposes of harming you, but you would also have to win the criminal case first. And any lawyer hired by them to pursue a malicious prosecution would have to withdraw from the case, otherwise they'd be in violation of the California rules of professional conduct. Not that I'm giving legal advice here, cuz that would be unauthorized practice of law in violation of the California rules of Professional Conduct as well, as well as the model rules of professional responsibility. not that any of this would suffice as a bar exam answer, cuz I did not put it in proper IRAC form.

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Re: 2017 February California Bar Exam

Post by a male human » Tue Feb 21, 2017 1:50 pm

sittin_pretty wrote:A friend just sent me a text of flowers and I responded with this: If you picked those flowers from somebody else's property they could have a trespass claim if you intentionally went onto their property to pick the flowers, and even if the flowers did not have any economic value, they could get nominal damages. If they were worth something, they could get general actual compensatory images as well. They also have the legal remedy of ejectment to get you off of their land. If you tried to defend your actions by saying you had some kind of easement allowing on the land, you would have to show easement by prescription, or implied or express easement. However, if they tried to file criminal charges against you claim a burglary, even though they know that picking flowers is not a felony and burglary requires entering a property for purposes of a felony, you could then have a malicious prosecution claim in court against them. First though, you would have to show not only that they knew that they lacked probable cause to bring the claim but brought it anyway for purposes of harming you, but you would also have to win the criminal case first. And any lawyer hired by them to pursue a malicious prosecution would have to withdraw from the case, otherwise they'd be in violation of the California rules of professional conduct. Not that I'm giving legal advice here, cuz that would be unauthorized practice of law in violation of the California rules of Professional Conduct as well, as well as the model rules of professional responsibility. not that any of this would suffice as a bar exam answer, cuz I did not put it in proper IRAC form.
You mean ex-friend? :lol:

I know you won't do this on the exam, but be careful not to make up hypothetical facts (i.e., if the facts do not say that your friend picked those flowers from someone else's property, don't discuss that possibility)

Unless you get a vague scenario to analyze (which is a rare instance) and you need to discuss the possible branches.

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Re: 2017 February California Bar Exam

Post by Spartan_Alum_12 » Tue Feb 21, 2017 3:35 pm

Good luck to everyone today and this week!

Best thing I can say is keep moving forward regardless of the circumstances! I felt terrible about Day 1 when I took this past July's exam and you might feel the same way. Ended up passing. Not everything will be perfect but it's a long exam with a lot of opportunities to pick up points. A couple good essays, one good PT, or a good MBE score can put you over the edge despite mistakes elsewhere. You're never out of this exam until it's over!

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rcharter1978

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Tue Feb 21, 2017 7:03 pm

Can't stress PTs enough. A PT is worth almost 2 essays.

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Re: 2017 February California Bar Exam

Post by a male human » Tue Feb 21, 2017 7:06 pm

rcharter1978 wrote:Can't stress PTs enough. A PT is worth almost 2 essays.
If I'm not mistaken, it's worth exactly two essays (200 points on the 1000-point scale), so every 5 extra points on a PT is like 10 extra points on an essay.

This week may be the last time this is ever true, though.

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Re: 2017 February California Bar Exam

Post by rcharter1978 » Tue Feb 21, 2017 7:09 pm

a male human wrote:
rcharter1978 wrote:Can't stress PTs enough. A PT is worth almost 2 essays.
If I'm not mistaken, it's worth exactly two essays (200 points on the 1000-point scale), so every 5 extra points on a PT is like 10 extra points on an essay.

This week may be the last time this is ever true, though.
That's what I thought too, but I didn't want to go overboard in case I was wrong. And yeah, i think it'll be the last time it's true.

Seriously? What are you waiting for?

Now there's a charge.
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