2019 February California Bar

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Grapes

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Re: 2019 February California Bar

Postby Grapes » Mon Jan 21, 2019 1:50 pm

I signed up for attorneys exam. Not sure if i should have just taken the full day exam because of the subjective scoring on essays and low attorneys exam pass rate.

On washington bar I got a 159 on the MBE. Does anyone know what this would equate to for the California bar?

maureenwct

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Re: 2019 February California Bar

Postby maureenwct » Mon Jan 21, 2019 3:54 pm

I have a follow up question.

For those who take the exam by computer, are the questions downloaded to the computer, or handed out and then just answered by the applicant using the software? I am reviewing essays, and certainly find it helpful to mark up the question with highlighting etc. as I prepare to write, especially with the performance exam.

I am revealing my age here. In law school, all our exams were handwritten, and papers were typed on one's typewriter.

Thank you!

jptx

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Re: 2019 February California Bar

Postby jptx » Mon Jan 21, 2019 3:58 pm

Grapes wrote:I signed up for attorneys exam. Not sure if i should have just taken the full day exam because of the subjective scoring on essays and low attorneys exam pass rate.

On washington bar I got a 159 on the MBE. Does anyone know what this would equate to for the California bar?



795 (1590 /2) I have recommended in other forums to take the two day as statistically your chances go from 30 to 50 percent. Your MBE score was above the California Passing score. The two day would have benefitted you assuming you received a similar score this taking.

jptx

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Re: 2019 February California Bar

Postby jptx » Mon Jan 21, 2019 4:07 pm

maureenwct wrote:I have a follow up question.

For those who take the exam by computer, are the questions downloaded to the computer, or handed out and then just answered by the applicant using the software? I am reviewing essays, and certainly find it helpful to mark up the question with highlighting etc. as I prepare to write, especially with the performance exam.

I am revealing my age here. In law school, all our exams were handwritten, and papers were typed on one's typewriter.

Thank you!

The questions are printed on paper in a question booklet. The thing that was confusing for me was the PT library was also printed but the library was in a separate booklet. You then type on the computer. BTW I was a 31 year attorney in Texas, and passed Cal last July. I found typing speed to be a serious problem for me so I took the two day exam (after barely failing the attorney exam in February). I also had the same issues that you do in that I would always reach the answer before stating the rules, especially rules I thought obvious or obviously did not apply.

xonimi

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Re: 2019 February California Bar

Postby xonimi » Mon Jan 21, 2019 8:38 pm

maureenwct wrote:Hello,

I am sitting the February attorneys exam, and am winding my way thru essay after essay after essay.

Question: I know I read somewhere that there are predictions made each year for what subjects will show up? Not that I will rely on such, but I would be curious as to any ideas.



Dennis Saccuzzo of BarSecrets does predictions for every exam. He's not always correct though. I think you can look up previous predictions and compare them to the actual exams to see how accurate he is. He just looks at the frequency that the topics are tested so really anyone can come up with a list if they analyze topics through the years. Below are his predictions for Feb. 2019. I wouldn't rely on predications though. The only way I'm using this list is to make sure I spend enough time on any topic that I know I'm weak at, i.e. Wills/Trusts and Contracts.

1. Wills/Trusts
2. Torts/Torts Remedies
3. Professional Responsibilities
4. Business Associations
5. Crimes
Wildcards: Contract/Contract Remedies or Civ Pro

StanLaw2017

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Re: 2019 February California Bar

Postby StanLaw2017 » Wed Jan 23, 2019 12:14 am

Goodluck everyone. I have taken and Passed California and New York's exam and found NY to be more difficult despite the shorter format. Lots of variables in play, but nevertheless -keep your heads up. MBE's are obviously the easiest way to ensuring overall victory.

You're almost there.

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rcharter1978

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Re: 2019 February California Bar

Postby rcharter1978 » Sat Jan 26, 2019 3:25 pm

maureenwct wrote:I have a follow up question.

For those who take the exam by computer, are the questions downloaded to the computer, or handed out and then just answered by the applicant using the software? I am reviewing essays, and certainly find it helpful to mark up the question with highlighting etc. as I prepare to write, especially with the performance exam.

I am revealing my age here. In law school, all our exams were handwritten, and papers were typed on one's typewriter.

Thank you!


Professor heilman also does predictions. He has a reasonable success rate, I think because he "predicts" like 50-65% of the subjects that can be tested.

However I understand that checking predictions are a last minute hail Mary type of thing so you should check them out.

Good luck!!

xonimi

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Re: 2019 February California Bar

Postby xonimi » Sat Jan 26, 2019 8:29 pm

rcharter1978 wrote:
maureenwct wrote:I have a follow up question.

For those who take the exam by computer, are the questions downloaded to the computer, or handed out and then just answered by the applicant using the software? I am reviewing essays, and certainly find it helpful to mark up the question with highlighting etc. as I prepare to write, especially with the performance exam.

I am revealing my age here. In law school, all our exams were handwritten, and papers were typed on one's typewriter.

Thank you!


Professor heilman also does predictions. He has a reasonable success rate, I think because he "predicts" like 50-65% of the subjects that can be tested.

However I understand that checking predictions are a last minute hail Mary type of thing so you should check them out.

Good luck!!


Any idea where to find heilman's predictions?

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rcharter1978

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Re: 2019 February California Bar

Postby rcharter1978 » Sun Jan 27, 2019 1:09 am

xonimi wrote:
rcharter1978 wrote:
maureenwct wrote:I have a follow up question.

For those who take the exam by computer, are the questions downloaded to the computer, or handed out and then just answered by the applicant using the software? I am reviewing essays, and certainly find it helpful to mark up the question with highlighting etc. as I prepare to write, especially with the performance exam.

I am revealing my age here. In law school, all our exams were handwritten, and papers were typed on one's typewriter.

Thank you!


Professor heilman also does predictions. He has a reasonable success rate, I think because he "predicts" like 50-65% of the subjects that can be tested.

However I understand that checking predictions are a last minute hail Mary type of thing so you should check them out.

Good luck!!


Any idea where to find heilman's predictions?


I sure don't. I just checked YouTube and there isn't anything. Sorry :(

donewiththebar4ever

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Re: 2019 February California Bar

Postby donewiththebar4ever » Sun Jan 27, 2019 2:47 am

Some background about myself: I’ve taken the bar 3 times and come extremely close (only a few points) every time. In July, I predicted every essay except con law, as well as the PT subject (coincidence).That said, It doesn’t take a genius or an expert to make these predictions.

First off, you can easily eliminate certain subjects and issues just by reading over 2017/2018 examination questions. For example, con law was tested in February and July of 2018, so it’s unlikely that a full force con law question will come up again. Don’t ignore the possibility of it coming though. Also, evidence was just tested while civil procedure was not. Civil procedure hasn’t come up since July 2017, so there’s a good chance it will again. Dr. Sacuzzo said it was a “wild card,” but I’m less inclined to believe that. Anything can happen.

Next, pay attention to California specific subjects and when they’re typically tested. As Dr Sacuzzo said, wills and trusts generally comes up in February, while community property typically comes up in July. Also, trusts hasn’t been tested in a while, so there’s a good possibility of it coming up again.

Another thing I found useful was coming up with my own fact patterns of things that I thought would be good issues to test. This was good for my own practice and application, as well as ways of preparing myself for the worst case scenerio. I’d put myself in the shoes of the bar committee and think of questions that would be brutal for examinees. A good way to do this is just reflect on current events. Donald Trumps presidency literally gives rise to 1048583938 different con law issues— just look at all the stuff happening with Micheal Cohen (PR and con law issues) and the wall (Congress v presidential powers, government funding, alien rights etc.). This is particularly helpful for February exams since February is notorious for having difficult cross over questions.

At the very least, make sure you read over questions and model answers for the last 5 years for EVERY individual subject. Also, since it’s a February exam, I’d also look over the last 5-6 February exam questions. This should also help you get more familiar with February questions and how they are different than July.

Lastly, don’t eliminate the chance of potential repeat issues or questions. I made the mistake of totally neglecting con law when preparing for July and was surprised as hell when I saw the question. Luckily I had once studied dormant commerce clause so I was able to bullshit enough to at least get a 60. But it was stupid as hell to do that and for all I know that could have made the difference between me passing and failing.

Ultimately, I think the best approach is to use essay predictions (the ones that are easily available and free) as a preparation mechanism. Meaning, make sure you have those issues / subjects down but don’t rely on them. Some would argue that to be a matter of common sense, but I think it’s really easy to neglect areas that aren’t predicted or were recently tested, which detrimental.

With that said, I’d consider the possibility of all that dr Sacuzzo said and also add the following to my list of areas to prepare for:

-Torts/ tort remedies with civil procedure and con law (injunctions, defamation, etc.)
-BA/PR hypo (very common cross over and I’m not sure why dr Sacuzzo didn’t include this with his predictions of each individual subject). This is typically tested in the same ways every time it comes up so definitely make sure to do a few of these if not read them.
-community property with trusts and wills: community property was just tested but could easily be tested with wills and trusts. Trusts hasn’t come up in a while so make sure to look at mainly trust questions as well as crossovers with trusts and wills.
-Even though contracts was also tested in February and July of 2018, know that it could very easily come up with wills in the context of deeds (ie merger or deed delivery)

My point: anything can come up. Work smarter not harder NOT by relying on given predictions but considering what might come up.

Hope that helps!

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hatcrime

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Re: 2019 February California Bar

Postby hatcrime » Sun Jan 27, 2019 11:44 am

Can anyone recommend California-specific flash cards? (Not MBE.) Something to practice regurgitating the rule you have to write in the essays.

I was hoping to make my own, but I don't have time!

I see some former students have put some online, not sure if they are any good. E.g.
https://www.crawfordlawmenifee.com/ca-s ... lash-cards

maureenwct

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Re: 2019 February California Bar

Postby maureenwct » Wed Jan 30, 2019 10:18 am

In the heat of the prep work now and with those doubts....

I last sat for an exam almost 30 years ago. My knowledge is very uneven and my tendency as a practicing attorney is to gloss over some issues the bar examiners see as presented when the facts clearly lean in one direction with little room for doubt, and to interject issues where they see none (e.g. I recently mentioned that a claim for contract breach would be difficult to prevail b/c the terms were clear and unambiguous and the grader said the comments were off topic). Suggestions on finding the right balance? My second issue is that, between now and next month, memorization of all the rule elements will not likely happen; I plan to devote at least 5 hours/day between now and 2/10, and then 8 hours between 2/10 and 2.26 but this not-so-young brain doesn't recall quite so fast.....

Just looking for words of wisdom, if any, this morning.

Happy studying all.

maureenwct

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Re: 2019 February California Bar

Postby maureenwct » Wed Jan 30, 2019 10:23 am

As a supplement, generally to me the February questions seem more pointed, and the issues more obvious based on my not quite complete review of questions. That poses a problem when the issue is known but the rule is not. Suggestions if that happens? Besides the obvious just know the rule.

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Re: 2019 February California Bar

Postby a male human » Wed Jan 30, 2019 2:15 pm

maureenwct wrote:In the heat of the prep work now and with those doubts....

I last sat for an exam almost 30 years ago. My knowledge is very uneven and my tendency as a practicing attorney is to gloss over some issues the bar examiners see as presented when the facts clearly lean in one direction with little room for doubt, and to interject issues where they see none (e.g. I recently mentioned that a claim for contract breach would be difficult to prevail b/c the terms were clear and unambiguous and the grader said the comments were off topic). Suggestions on finding the right balance? My second issue is that, between now and next month, memorization of all the rule elements will not likely happen; I plan to devote at least 5 hours/day between now and 2/10, and then 8 hours between 2/10 and 2.26 but this not-so-young brain doesn't recall quite so fast.....

Just looking for words of wisdom, if any, this morning.

Happy studying all.

This is a good question... How many of the issues should you really include in an essay? The straightforward answer is to include all relevant issues.

This raises the question, how do you determine whether a given issue is relevant or not?

The thing about bar law is that there's only a finite number of issues and rules. It's not like real life where you have a near-unlimited number of cases and new conflicting law to wade through.

So I like to recommend keeping a list of testable issues to go through. Rather than randomly spotting issues, you can check through them when you see a particular fact.

If an issue clearly leans one way, that's good. Analyze it appropriately. There is often a "right" answer. No need to try to force an argument for the losing side. Just get in, get the points, and get out.

The other thing is that you want to stay within the confines of an issue, and answer the call of the question that was posed. What you said about the claim for contract breach being difficult to prevail because the terms were clear and unambiguous... Since I don't know what the question or issue was, I can't say for sure how appropriate it was to say. The grader could have made an unduly narrow interpretation of the problem (sticking to the grading script as it were).

***

Memorization will happen the more you use what you want to memorize. It's about frequency of recall and attempts to recall, so keep using the rules (and issues) in the context of essays and MBE questions.

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Atmosphere

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Re: 2019 February California Bar

Postby Atmosphere » Wed Jan 30, 2019 7:41 pm

My MBE scores are at an all time high, but I'm having trouble formulating a study plan leading up to the exam. Anyone have tips on how I should be approaching this? - I've been using adaptibar for the MBE, and I have BarIssues and BarEssays (and magicsheets and approsheets).

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Re: 2019 February California Bar

Postby a male human » Wed Jan 30, 2019 9:41 pm

Atmosphere wrote:My MBE scores are at an all time high, but I'm having trouble formulating a study plan leading up to the exam. Anyone have tips on how I should be approaching this? - I've been using adaptibar for the MBE, and I have BarIssues and BarEssays (and magicsheets and approsheets).

Why not keep doing what you're doing? Are you wondering whether you should maintain course since you're already doing well, or to maybe pull back so you don't get burned out? What about your essays and PT?

Generally, the few weeks can be used for consolidation, reviewing all the subjects.

First round: One subject per day, ~16 days. Get a bunch of essays for each subject and do and review the answer for as many as you can. Do some MBE Qs too.

Second round: Two subjects per day, ~8 days. You could hit two subjects a day and do 3 essays per subject + some MBE Qs.

PT on Tuesdays.

Make a calendar showing which subjects you're going to cover ahead of time so you know what to do.

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Atmosphere

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Re: 2019 February California Bar

Postby Atmosphere » Wed Jan 30, 2019 10:17 pm

a male human wrote:
Atmosphere wrote:My MBE scores are at an all time high, but I'm having trouble formulating a study plan leading up to the exam. Anyone have tips on how I should be approaching this? - I've been using adaptibar for the MBE, and I have BarIssues and BarEssays (and magicsheets and approsheets).

Why not keep doing what you're doing? Are you wondering whether you should maintain course since you're already doing well, or to maybe pull back so you don't get burned out? What about your essays and PT?

Generally, the few weeks can be used for consolidation, reviewing all the subjects.

First round: One subject per day, ~16 days. Get a bunch of essays for each subject and do and review the answer for as many as you can. Do some MBE Qs too.

Second round: Two subjects per day, ~8 days. You could hit two subjects a day and do 3 essays per subject + some MBE Qs.

PT on Tuesdays.

Make a calendar showing which subjects you're going to cover ahead of time so you know what to do.


Thanks Brian - I’m essentially trying to pour the rest of my studying into essays (while still doing 50+ MBE’s a day to stay fresh). I just feel like I’m still behind while issue spotting/getting the rule down.

davidagnew

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Re: 2019 February California Bar

Postby davidagnew » Sat Feb 02, 2019 1:04 am

a male human wrote:
cheme2014 wrote:Not looking forward to doing this thing... :/

Also not sure if I should just pay for Themis (since they've incorporated the new rules) or just go the self-study route. (Not an immediate retaker so I don't qualify for Barbri's free retake.)

If only looking for the new PR rules, no need to pay for Themis. Here's a chart and some notes on the changes:

https://www.dropbox.com/s/jckgktgpt9nbt ... t.pdf?dl=0

https://www.dropbox.com/s/xlezvth1blxo2 ... s.htm?dl=0


One of these drop box links is no longer working. Could you repost please? Thanks :)

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a male human

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Re: 2019 February California Bar

Postby a male human » Sat Feb 02, 2019 1:11 am

davidagnew wrote:
a male human wrote:
cheme2014 wrote:Not looking forward to doing this thing... :/

Also not sure if I should just pay for Themis (since they've incorporated the new rules) or just go the self-study route. (Not an immediate retaker so I don't qualify for Barbri's free retake.)

If only looking for the new PR rules, no need to pay for Themis. Here's a chart and some notes on the changes:

https://www.dropbox.com/s/jckgktgpt9nbt ... t.pdf?dl=0

https://www.dropbox.com/s/xlezvth1blxo2 ... s.htm?dl=0


One of these drop box links is no longer working. Could you repost please? Thanks :)

No prob. Which one isn't working for you? Both are working on my end (and I see guests viewing).

If it's the second one, here is a cleaner version, just some notes on what new PR rules are added: https://docs.google.com/document/d/12ms ... sp=sharing

LMK if it's the first one that isn't working.

davidagnew

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Re: 2019 February California Bar

Postby davidagnew » Sat Feb 02, 2019 1:15 am

a male human wrote:
davidagnew wrote:
a male human wrote:
cheme2014 wrote:Not looking forward to doing this thing... :/

Also not sure if I should just pay for Themis (since they've incorporated the new rules) or just go the self-study route. (Not an immediate retaker so I don't qualify for Barbri's free retake.)

If only looking for the new PR rules, no need to pay for Themis. Here's a chart and some notes on the changes:

https://www.dropbox.com/s/jckgktgpt9nbt ... t.pdf?dl=0

https://www.dropbox.com/s/xlezvth1blxo2 ... s.htm?dl=0


One of these drop box links is no longer working. Could you repost please? Thanks :)

No prob. Which one isn't working for you? Both are working on my end (and I see guests viewing).

If it's the second one, here is a cleaner version, just some notes on what new PR rules are added: https://docs.google.com/document/d/12ms ... sp=sharing

LMK if it's the first one that isn't working.


Got it :) Thanks! . It was the second one that wasn't working. Are the first three pages of the PR sheet available too?

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a male human

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Re: 2019 February California Bar

Postby a male human » Sat Feb 02, 2019 1:17 am

davidagnew wrote:
a male human wrote:
davidagnew wrote:
a male human wrote:
cheme2014 wrote:Not looking forward to doing this thing... :/

Also not sure if I should just pay for Themis (since they've incorporated the new rules) or just go the self-study route. (Not an immediate retaker so I don't qualify for Barbri's free retake.)

If only looking for the new PR rules, no need to pay for Themis. Here's a chart and some notes on the changes:

https://www.dropbox.com/s/jckgktgpt9nbt ... t.pdf?dl=0

https://www.dropbox.com/s/xlezvth1blxo2 ... s.htm?dl=0


One of these drop box links is no longer working. Could you repost please? Thanks :)

No prob. Which one isn't working for you? Both are working on my end (and I see guests viewing).

If it's the second one, here is a cleaner version, just some notes on what new PR rules are added: https://docs.google.com/document/d/12ms ... sp=sharing

LMK if it's the first one that isn't working.


Got it :) Thanks! . It was the second one that wasn't working. Are the first three pages of the PR sheet available too?

Glad to resolve. Yep, the first three pages are in the full set! Shared the summary chart to highlight the main differences.

davidagnew

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Re: 2019 February California Bar

Postby davidagnew » Sun Feb 03, 2019 1:50 am

a male human wrote:
davidagnew wrote:
a male human wrote:
davidagnew wrote:
a male human wrote:
cheme2014 wrote:Not looking forward to doing this thing... :/

Also not sure if I should just pay for Themis (since they've incorporated the new rules) or just go the self-study route. (Not an immediate retaker so I don't qualify for Barbri's free retake.)

If only looking for the new PR rules, no need to pay for Themis. Here's a chart and some notes on the changes:

https://www.dropbox.com/s/jckgktgpt9nbt ... t.pdf?dl=0

https://www.dropbox.com/s/xlezvth1blxo2 ... s.htm?dl=0


One of these drop box links is no longer working. Could you repost please? Thanks :)

No prob. Which one isn't working for you? Both are working on my end (and I see guests viewing).

If it's the second one, here is a cleaner version, just some notes on what new PR rules are added: https://docs.google.com/document/d/12ms ... sp=sharing

LMK if it's the first one that isn't working.


Got it :) Thanks! . It was the second one that wasn't working. Are the first three pages of the PR sheet available too?

Glad to resolve. Yep, the first three pages are in the full set! Shared the summary chart to highlight the main differences.


Understood. I might buy that or another supplement soon. I have Kaplan, and I'm doing great on the MBE (70-80% consistently), but their graders think my essays suck. 55-60 consistently. Also, Kaplan's treatment of PR has me wanting to scream. They took down their old video, and put up a new outline that's completely incomprehensible. It's like a reorganized version of the rule statements, without any of the comments or examples that make them comprehensible or allow me to understand how to apply the rule. I have another supplement that I recently bought recently, which as I will post next, I'm worried contains an error I spotted in my first use of it.

davidagnew

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Re: 2019 February California Bar

Postby davidagnew » Sun Feb 03, 2019 1:59 am

Hey everyone. I just bought a supplement and used it for the first time when working on a contracts essay. Either I spotted an error in my first time using this supplement, or else I'm totally confused and wrong, I and shouldn't blame the supplement.

The supplement states the following rule: where there is a battle of the forms under the UCC, and the offeree accepts by sending a form containing different or additional terms, the different or additional terms are deemed included in the contract only where: 1) both parties are merchants; 2) the term is not a material change; 3) the offer does not expressly limit acceptance to the terms of the offer; AND 4) no objection was made within a reasonable period of time.

I think this rule statement is a big problem because where there are "different terms," the knockout rule applies so that neither term enters the contract, and UCC gap fillers go in. Where the terms are additional, then that rule is correctly stated. Also, I don't know how one would analyze whether a *different* term is material.

What do you guys think?

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Re: 2019 February California Bar

Postby a male human » Sun Feb 03, 2019 12:01 pm

davidagnew wrote:Hey everyone. I just bought a supplement and used it for the first time when working on a contracts essay. Either I spotted an error in my first time using this supplement, or else I'm totally confused and wrong, I and shouldn't blame the supplement.

The supplement states the following rule: where there is a battle of the forms under the UCC, and the offeree accepts by sending a form containing different or additional terms, the different or additional terms are deemed included in the contract only where: 1) both parties are merchants; 2) the term is not a material change; 3) the offer does not expressly limit acceptance to the terms of the offer; AND 4) no objection was made within a reasonable period of time.

I think this rule statement is a big problem because where there are "different terms," the knockout rule applies so that neither term enters the contract, and UCC gap fillers go in. Where the terms are additional, then that rule is correctly stated. Also, I don't know how one would analyze whether a *different* term is material.

What do you guys think?

AFAIK, under a minority rule, different terms may be analyzed as if they are additional terms. That is, they're automatically part of K unless offeror objects, material alteration, or acceptance is not definite (e.g., acceptance made conditional). Otherwise, the knockout rule applies.

A different term might be material if it changes, say, the deadline or method of dealing.

xonimi

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Re: 2019 February California Bar

Postby xonimi » Sun Feb 03, 2019 6:55 pm

Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.



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