2018 July California Bar

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scard

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Re: 2018 July California Bar

Postby scard » Thu Jun 21, 2018 10:02 pm

barprepforca wrote:Quick question... i'm pretty sure the answer to this is "know it cold," but how much time should be spent on the Rule Against Perpetuities? It is a LOT of information to cram in there, and would take a fair amount of time, but i'm assuming it's a subject that probably gets tested fairly frequently on the CA Bar essays.


mbe questions test it heavily with conveyances. pretty much know how it drives, what it will invalidate, what is exempt, and what the affect will be.

for example "A to B so long as it is used for residential purposes". Since the grantor retains a reverter interest and reverter is exempt from RAP, this does not violate RAP and is a valid conveyance.

if, "A to B so long as it is used for residential purposes, then to C". Since C's interest has a possibility of not being vested within the measurable life being (likely A) plus 21 years, it violates the RAP. The conveyance will likely be interpreted as "A to B so long as its used for residential purposes" thus granting A the right of reverter and being exempt from RAP as described above.

they will play with the verbiage using "but if" or "as long as" and include multiple conveyances including being devised by will in-between interests to test your ability to track ownership in conjunction with RAP.

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Re: 2018 July California Bar

Postby echo foxtrot » Fri Jun 22, 2018 6:22 am

ithrowds wrote:
justanotheruser wrote:First of all, you'd be weird if you DIDN'T feel overwhelmed by Evidence. A ton of different rules for MBE, more than most essay topics Evidence will be a big time crunch, and then there are the CA distinctions. A general thing I'd say is that while it is easy to get overwhelmed by the breadth that Evidence covers, some sub-topics are a lot more important than others.

I think for MBEs, it helps to master the biggest areas first (e.g. HEARSAY). If/when time is of the essence, I essentially studied more granular rules through the answer explanations, etc.

For essays, I think one of the most helpful things is to have a very short checklist of major issues. Once you have that down and start doing Evidence essays, you'll notice the finite universe of issues (including CA distinctions) that keep popping up in each major issue. As you start committing that checklist to memory, you know you'll be going through every major issue and getting at least a few sub-issues in each area.

The danger (at least for me) with Evidence essays is that since I know it's a race to the finish (quickly discuss as many issues as possible), I ended up talking about *too many* issues that were a stretch to include. The best thing to do here (as above) is to compare to model answers, etc. You've probably been recommended it a bunch of times before, but BarEssays is king here.

Let me know if I can elaborate on anything.


Thank you! I think I'm starting to get a bit of a better handle on the MBE questions at least.


Evidence was definitely the hardest subject for me. I actually learned the subject by reading past essays. Here are some tips for the essay portion on evidence that helped me pass.

1. Develop a "cookie-cutter" checklist for every Evidence approach. For example: (i) Relevance; (ii) Presentation; (iii) Character, etc.
2. Breakdown the hearsay rules into three main categories: (i) Non-Hearsay; (ii) Declarant unavailable; (iii) Exceptions.
3. Understand and use the Character exceptions rule as a foundation. This would be FRE 404. Things just flowed for me from there on.

I have documented these notes. I think it is very likely that Evidence will appear on the July 2018 exam so I will do my best to complete this cheat sheet document soon. https://docs.google.com/document/d/14QR ... g=h.gjdgxs

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Re: 2018 July California Bar

Postby echo foxtrot » Fri Jun 22, 2018 6:29 am

santoki wrote:what remedy is available if specific performance for a sale of land is barred because of sale to a bona fide purchaser?


Hmm. This is a broad question. I think one needs more facts. As for remedies, here are some possibilities: compensatory damages, restitution, punitive damages. Is this from an essay question?

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Re: 2018 July California Bar

Postby echo foxtrot » Fri Jun 22, 2018 7:07 am

scard wrote:
Underoath wrote:SORRY GUYS! That is my fault. I kept reading GUN for some reason. Yikes! Prime example that you should read SLOW because that's just a GIMME type question.

Again, I also read it as he had his hands ON the money and placed it back, which is why I got the robbery instead of the attempt. I need to slow down when I read.


was just doing some reading from a law review...

attempted _______ includes all lesser offenses

so Attempted robbery would include the underlying assault or battery. So that question does not matter of whether or not the cashier was a victim of criminal assault, only that the defendant can be charged with attempted robbery which would include all lesser offenses including any assault or battery committed during the commission of the attempted robbery.

here the law review I read and the important quoted part.

https://digitalcommons.law.seattleu.edu ... ntext=sulr

Where the greater offense is an attempt, therefore, the first prong of the test for lesser included offenses is slightly different from Workman's own general formula. Workman holds that a lesser offense is a lesser included offense if each element of the lesser offense is either an element of the greater offense or, where the greater offense is an attempt, an inherent characteristic of the attempt. In Workman,the lesser offense had two elements. The first, carrying a weapon, was an element in the greater offense: "It is clear that the element of carrying a weapon under RCW 9.41.270, the gross misdemeanor, is a necessary element of the greater crime of first- degree robbery [under RCW 9A.56.200(1)(a)]. ' ' "i '
The second element of the lesser offense, "circumstances warranting alarm," was an inherent characteristic of the greater offense, an attempt: "Likewise, the element of circumstances warranting alarm under the lesser offense is an inherent characteristic of an attempt to commit a robbery. The existence of such circumstances therefore qualifies as a necessary element of the greater offense of attempted first-degree robbery.""' The court therefore concluded that the first prong of the test for lesser included offenses was met. Thus, Workman formulated and applied, albeit cryptically, an inherent characteristic rule for attempt cases.


Yes, I agree with scard that assault will merge with attempted robbery.

Underoath, I would also add this: be careful of distinguishing between the two common type of questions that sound very similar (at least in the area of crimes). Here are the two questions:

1. On what crimes can the person be charged with?
2. Regarding this incident, what could the person be charged with?

Question 1 asks you to list all of the possible crimes. Based on the facts you mentioned, I agree with you and think that assault was likely. However, be careful because that is not what the question is asking. If you compare item 2 above, with the question in your hypothetical, you will see that it is asking you about one specific incident. There, assault would merge into attempted robbery.

Thus, Answer C, attempted robbery, is the correct answer.

lawyer786

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Re: 2018 July California Bar

Postby lawyer786 » Fri Jun 22, 2018 7:56 pm

Hey everyone,

I've heard some people say that the barbri lectures are a waste of time and that those are the things to skip if you were going to skip anything, but how do you fill out the handouts? Any advice would be appreciated. Thanks!

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Re: 2018 July California Bar

Postby a male human » Fri Jun 22, 2018 8:02 pm

lawyer786 wrote:Hey everyone,

I've heard some people say that the barbri lectures are a waste of time and that those are the things to skip if you were going to skip anything, but how do you fill out the handouts? Any advice would be appreciated. Thanks!

Are you talking about blanks in the lecture notes? What are you going to use them for?

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Re: 2018 July California Bar

Postby Underoath » Fri Jun 22, 2018 9:29 pm

I know I shouldn't care and we all have different external factors in this, BUT how many questions have you guys completed and reviewed with adaptibar? I want to be sure I am on par.

FinallyPassedTheBar

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Re: 2018 July California Bar

Postby FinallyPassedTheBar » Fri Jun 22, 2018 10:07 pm

Underoath wrote:I know I shouldn't care and we all have different external factors in this, BUT how many questions have you guys completed and reviewed with adaptibar? I want to be sure I am on par.



I completed/reviewed 2800 last summer. But that is on the high side IMHO.

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Re: 2018 July California Bar

Postby justanotheruser » Sat Jun 23, 2018 12:01 am

Underoath wrote:I know I shouldn't care and we all have different external factors in this, BUT how many questions have you guys completed and reviewed with adaptibar? I want to be sure I am on par.


Passed the 2/18 CA bar and did about 1500-1600 questions on just adaptibar. Confirmed via score advisory that I scored at least 150 on the MBE.

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MBernard

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Re: 2018 July California Bar

Postby MBernard » Sat Jun 23, 2018 3:25 pm

lawyer786 wrote:Hey everyone,

I've heard some people say that the barbri lectures are a waste of time and that those are the things to skip if you were going to skip anything, but how do you fill out the handouts? Any advice would be appreciated. Thanks!


I’m guessing at this point that your bar program only has 2-3 lecture subjects left. If that’s the case, you can probably knock ‘em out maybe these next few days. Still have 31 days left.

If you’re behind, then I’d probably consider purchasing lean sheets or other condensed bar material online. I know the Barbri program includes a mini-conviser book which has condensed outlines. If you’re Bar program has something similar you can always substitute that for watching the lectures (only difference i believe is that the conviser doesn’t include hypos). I purchased the lecture notes already filled-in and the mini conviser from a 3rd party.

Hope everyone’s study period is productive. Definitely starting to fight against burnout and sheer boredom.

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Re: 2018 July California Bar

Postby zr3sg » Sat Jun 23, 2018 7:19 pm

Does anyone know how barbri's professional responsibility lecture is and if we're better off just reading conviser?

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Re: 2018 July California Bar

Postby GoneSouth » Sat Jun 23, 2018 9:56 pm

Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

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Re: 2018 July California Bar

Postby Underoath » Sat Jun 23, 2018 11:04 pm

Adaptibar is starting to become a joke, it's already recycling questions that I did a week ago, yet it shows I have 60 questions for a particular subject that I haven't answered. They are even recycling questions I have gotten right. I want to answer the remaining 60 questions!!!!!!

Nightcrawler

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Re: 2018 July California Bar

Postby Nightcrawler » Sun Jun 24, 2018 1:39 pm

Underoath wrote:Adaptibar is starting to become a joke, it's already recycling questions that I did a week ago, yet it shows I have 60 questions for a particular subject that I haven't answered. They are even recycling questions I have gotten right. I want to answer the remaining 60 questions!!!!!!


Agree. Their "patented technology" is really just a gimmick. Lots of holes... I just got a bunch of repeat questions that I got RIGHT a week ago wtf

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Re: 2018 July California Bar

Postby dabigchina » Sun Jun 24, 2018 1:44 pm

GoneSouth wrote:Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

Your essays are within passing range.

What are you trying to do, book the bar?

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Re: 2018 July California Bar

Postby a male human » Sun Jun 24, 2018 1:46 pm

Nothing wrong with redoing questions that you got right. I'd suggest going through the question and reasoning as if you're seeing it for the first time. It will confirm whether you still know how to answer that type of question.

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Re: 2018 July California Bar

Postby ladybug1989 » Sun Jun 24, 2018 10:03 pm

I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

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MBernard

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Re: 2018 July California Bar

Postby MBernard » Mon Jun 25, 2018 12:10 am

ladybug1989 wrote:I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?


If you’ve got the 7 MBE subjects down to the extent that you’re average is generally 70% or over I don’t think you’ll have much trouble writing essays for those topics. Plus if you can also write a good PT then that’s another plus.

There’s like 9 state specific topics, but like business associations (agency + Corp) as well as Will + Trusts were pretty standard. Probably the same stuff if you took the courses in law school.

I’ve got no prescient knowledge about what’s going to be tested but Remedies and PR come up a lot as crossovers and sometimes as questions unto themselves. I’d probably also prioritize CP and Evidence. Those are allegedly the big ones for CA. Ca CIV is not that hard and I think they usually quiz on FRCP. I definitely think you have enough time. If you get lucky could always be the case there’s 3 MBE topics and maybe a Remedies and PR question.

Hope this helps, sorry I don’t really know much about autopass though.

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Re: 2018 July California Bar

Postby a male human » Mon Jun 25, 2018 12:18 am

ladybug1989 wrote:I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

https://one-timers.com/one-timers-bar-exam-calculator/

I'm assuming the calculations are done according to the new MBE scoring (175 scored), per the second hint on the right side of the screen.

Using this as a calculator, if you get 168/200 on the MBE, you can get 40s on everything else and pass.
158/200 if you want to shoot for an average raw written score of 45 -- basically an "auto-pass" if you write something remotely decent on each essay.

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Re: 2018 July California Bar

Postby echo foxtrot » Mon Jun 25, 2018 5:47 am

Re: Seeking Review of Bar Prep Hero.

Free MBE questions on Bar Prep Hero. Has anyone tried these before? if so, what was your experience? Thank you. Here is the link: https://m.barprephero.com

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Re: 2018 July California Bar

Postby GoneSouth » Mon Jun 25, 2018 8:02 pm

dabigchina wrote:
GoneSouth wrote:Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

Your essays are within passing range.

What are you trying to do, book the bar?


Is 60-65 passing range? Kaplan calls it borderline

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Re: 2018 July California Bar

Postby a male human » Mon Jun 25, 2018 8:05 pm

GoneSouth wrote:
dabigchina wrote:
GoneSouth wrote:Anyone have idea how Kaplan multiple choice questions scale to the CA bar? I'm consistently averaging about 80 percent correct on Kaplan, which I assume means I should be fine regardless of how my essays are, but I haven't been able to find much info.

Reason I'm asking is that my Kaplan essays uniformly score 60-65 which makes me kind of nervous....

Your essays are within passing range.

What are you trying to do, book the bar?


Is 60-65 passing range? Kaplan calls it borderline

It is borderline. At the same time, you pass as long as you cross the border.

Historically, an average written score of 62.5ish put you on track to get a 1440 scaled written score. Assuming you get a 1440 MBE scaled score, you would have passed the CA bar. It's a good rule of thumb to aim to get a 65 on each essay to be on track to pass (or do so well on the MBE that you can afford to do not so well on the written portion).

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Re: 2018 July California Bar

Postby ladybug1989 » Mon Jun 25, 2018 8:43 pm

a male human wrote:
ladybug1989 wrote:I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

https://one-timers.com/one-timers-bar-exam-calculator/

I'm assuming the calculations are done according to the new MBE scoring (175 scored), per the second hint on the right side of the screen.

Using this as a calculator, if you get 168/200 on the MBE, you can get 40s on everything else and pass.
158/200 if you want to shoot for an average raw written score of 45 -- basically an "auto-pass" if you write something remotely decent on each essay.


Thanks, this was helpful. I'm assuming those MBE scores are scaled, right? Not raw scores?

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Re: 2018 July California Bar

Postby a male human » Tue Jun 26, 2018 1:16 am

ladybug1989 wrote:
a male human wrote:
ladybug1989 wrote:I'm quite behind on studying for the CA bar, and probably won't get to state specific subjects until around July 1. I've been getting between 65-80% on the Kaplan MBE questions, but not sure if I have enough time to get the essays down. Anyone else in my position? :S

Is there an Auto-Pass MBE score for the CA bar, or is that exclusive to the other jurisdictions (primarily UBE)?

https://one-timers.com/one-timers-bar-exam-calculator/

I'm assuming the calculations are done according to the new MBE scoring (175 scored), per the second hint on the right side of the screen.

Using this as a calculator, if you get 168/200 on the MBE, you can get 40s on everything else and pass.
158/200 if you want to shoot for an average raw written score of 45 -- basically an "auto-pass" if you write something remotely decent on each essay.


Thanks, this was helpful. I'm assuming those MBE scores are scaled, right? Not raw scores?

They're raw scores, as in the number of questions you get right. Yes, the numbers are quite high. I wouldn't count on "auto-passing" in CA.

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Re: 2018 July California Bar

Postby psg190 » Tue Jun 26, 2018 11:00 pm

So, let's say one knows he or she will fail miserably on the BARBRI simulated MBE day. Still worth sitting through 200 questions or is time better spent studying? Asking for a friend.



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