California Bar Exam (July 2013) thread Forum

[Mick Haller]

Sitting here in the hotel room thinking I can't remember a thing on my outlines when i know i've put in the hard work the last 10 weeks or so...trying to calm the nerves...

any words of advice ?

It will come to you on the exam. Just be calm and think clearly.

Last year I forgot the community property rule for torts committed by one spouse (depends on whether tort occurred in furtherance of community interests, eg, while driving to work). I thought about it for 3 or 4 minutes and it came to me.

You are just stressed and anxious. Try to relax, and be confident that you will do what you need to tomorrow.

[Shaggier1]

Don't forget to write "applicant" on your PTs. Not a huge deal but I think I wrote my real name on one of mine.

We're not supposed to use our names? I always saw that the sample PT's said "applicant" but I assumed that was because they were samples.

Good to know... thanks!

[Reinhardt]

I'd rather put Lionel Hutz than Applicant. Think that would hurt me?

[Kretzy]

I'd rather put Lionel Hutz than Applicant. Think that would hurt me?

I was gonna write Barry Zuckercorn. So that they know I'm very good.

It's foolproof.

[worldtraveler]

Torts: What's the solution where there are two fires that go toward same house, merge into one and burn house? Who's liable? Keep forgetting how to resolve that.

They're both liable. If I understand it correcty, the burden is then on each defendant to show that their fire did not cause the damage to the house. Standard joint and several liability.

[Emma.]

From the Denver Airport:

Reviewing PR. Noticed that in CA any attorney who doesn't have liability insurance must disclose in writing to any client needing more than 4 hours of legal work at start of representation. Surely throwing that out there that is worth 5 points in pretty much any situation?

You're welcome.

[Mick Haller]

Don't forget to write "applicant" on your PTs. Not a huge deal but I think I wrote my real name on one of mine.

We're not supposed to use our names? I always saw that the sample PT's said "applicant" but I assumed that was because they were samples.

Good to know... thanks!

Yeah the grading is supposed to be anon. Unless they tell you what your fictitious name is (and I don't think they usually do), you should sign your PT memos "From: Applicant"

[Mroberts3]

Torts: What's the solution where there are two fires that go toward same house, merge into one and burn house? Who's liable? Keep forgetting how to resolve that.

They're both liable. If I understand it correcty, the burden is then on each defendant to show that their fire did not cause the damage to the house. Standard joint and several liability.

They are both liable, BUT there is no burden shifting. They are liable (full stop) because each fire was a substantial factor in the harm. You are thinking of a situation where two defendants each do something (shoot a gun) but it is factually impossible for them to have both shot the 1 bullet that hit the plaintiff. In that case the burden shifts to the Ds. In the case of a merged fire they both become responsible for the resulting fire.

[Reinhardt]

So in federal evidence your "Legal Relevance" does the probative value, danger of unfair prejudice balancing. In California evidence, in a criminal trial, for "Legal Relevance" you skip the balancing and just say "Prop 8 says all factually relevant evidence is included unless some specific exception"??

[Mroberts3]

So in federal evidence your "Legal Relevance" does the probative value, danger of unfair prejudice balancing. In California evidence, in a criminal trial, for "Legal Relevance" you skip the balancing and just say "Prop 8 says all factually relevant evidence is included unless some specific exception"??

I think a judge can still exclude under CEC 352 (same idea as FRE 403(?))

I don't get prop 8 -- so many loopholes that it seems meaningless. I would just mention it but almost always find it doesn't apply because some exception or other still controls (such as privilege, hearsay, etc).

[deadlinguo]

California evidence seems to be mostly a reworded/renumbered version of the federal rules. The distinctions are mostly minor things. The biggest one I can think of ATM would be the rules for qualifying expert witnesses, and admissibility of learned treatises. How do you guys feel?

[bahamallamamama]

wtf is up with this dance party outside the hyatt in century city

[a male human]

The FRE was literally based on the CEC.

[Old Gregg]

Really hope A&P isn't on the exam. I literally haven't studied/reviewed/seen a thing about it.

[Tangerine Gleam]

For those who enjoy learning by teaching: anyone want to give a last-minute primer on exactly where Prop 8 *actually* has a material effect on admissibility of evidence (as compared to result under CEC alone)? There are so many exceptions and I'm really having trouble getting it to stick.

EDIT: fixed a great typo

[Reinhardt]

I can tell you that according to Wikipedia, the practical effect of Prop 8 is that the California constitution is not construed to exclude more evidence than the federal constitution. So that's good for us.

[AntiHuman]

Have done absolutely nothing for civpro, agency, partnership, corporations

If any of that shows, i get a 40. I might study some of them tues and wed night?

[Reinhardt]

You get at least a 45 when you write coherent sentences vaguely resembling a response. So at least do that.

[Old Gregg]

Have done absolutely nothing for civpro, agency, partnership, corporations

If any of that shows, i get a 40. I might study some of them tues and wed night?

IDK I'd focus on MBE for T night and then on the rest for W night, if you have the wherewithal in the first place. I know I didn't back in the day.

[AntiHuman]

Have done absolutely nothing for civpro, agency, partnership, corporations

If any of that shows, i get a 40. I might study some of them tues and wed night?

IDK I'd focus on MBE for T night and then on the rest for W night, if you have the wherewithal in the first place. I know I didn't back in the day.

My problem is i spent 90 percent of my effort on mbe subjects. Im getting 70 percent on mbe. I have never fully simulated a PT and have rarely done practice essays for non mbe subjects. And i literally have done no essays or review of the 4 subjects i listed. Hopefully i learned my lesson for february

[Reinhardt]

133 raw is pretty good. Try to rack up points on the essays you know and mitigate damage on the essays you don't.

And a lot of people don't study at all for the PT. Most important thing there is to follow the directions and then do what comes naturally.

[a male human]

I'm worried about the subjective variances between 55-65 that I keep hearing about.

[Mick Haller]

Have done absolutely nothing for civpro, agency, partnership, corporations

If any of that shows, i get a 40. I might study some of them tues and wed night?

IDK I'd focus on MBE for T night and then on the rest for W night, if you have the wherewithal in the first place. I know I didn't back in the day.

My problem is i spent 90 percent of my effort on mbe subjects. Im getting 70 percent on mbe. I have never fully simulated a PT and have rarely done practice essays for non mbe subjects. And i literally have done no essays or review of the 4 subjects i listed. Hopefully i learned my lesson for february

This was more or less my strategy. I passed.

MBE is what causes most people to fail. Good luck tomorrow!

[Old Gregg]

Look guys: At this point, Barbri (whatever testing company you used) should have prepared you to kick butt on the MBE (you don't know it because their questions are really hard, but it's true). Doing "well" on the essays and the PTs is really just to build cushion.

As I was studying the CA specific subjects this week, I literally envisaged myself passing with the MBE and just stockpiling extra points. Really took a lot of stress out. View tomorrow as "grab as many points as you can day," rather than "omg if I fuck this up I'm gonna fail day."

[Old Gregg]

Also great to get schadenfreude. When I did the bar for another state, there were people next to me who left their essays blank. When you reach the testing center, you'll see how underprepared a lot of people are.

In all reality, most of you gunned like 1Ls.