July 2015 California Bar Exam Forum

[robinhoodOO]

No for DCC if it burdens interstate commerce by discriminating against out of staters it needs to be necessary to achieve an important government purpose. If Congress consents or the market participant exception applies it's all good.

If no discrimination balance the benefit to the state against the burden on interstate commerce. Nothing in my notes about narrowly tailored.

I don't have the cases on hand, but because you're weighing the interests in the public benefits compared to burdens on commerce, the most common way to show this is that the law is narrowly tailored for that purpose. Maybe it's not part of the balancing necessarily, but I guess I threw it in because of that :/

[Tiago Splitter]

No for DCC if it burdens interstate commerce by discriminating against out of staters it needs to be necessary to achieve an important government purpose. If Congress consents or the market participant exception applies it's all good.

If no discrimination balance the benefit to the state against the burden on interstate commerce. Nothing in my notes about narrowly tailored.

Anyone have a clear way to distinguish DCC from P/I of Art. IV?

I know that Art. IV applies to the equal treatment of citizens vs. non-citizens re: "fundamental rights" like the right to work, buy land etc. (but not to voting) where as DCC applies to anything burdening interstate commerce. DCC applies to corporations, P/I doesn't.

Does P/I need to be discriminatory on its face? If so, intermediate scrutiny?

Anything I am missing?

I guess we've got some differing opinions, but the easiest way I've seen it explained is that if the state discriminates against out of staters it's a P&I violation, and if it burdens interstate commerce it's a DCC violation. When this happens together both require the law to be necessary to achieve an important government purpose. So if both are happening it's the same test.

Kaplan also mentions that discrminiation against citizens of residents in regards to an essential economic right or liberty triggers the Art IV of P&I, whereas general economic discrimination against a business or entity is more viewed using DCC.

Corps and aliens can't sue under P&I so it's DCC or nothing.

[elijah54594]

Lulz at the line at century plaza

Dude, it is AMATEUR HOUR at Century Plaza. I don't know if it is the head proctors first time out or what, but seriously it is so funny. One of the proctors actually came to me and asked ME where the JURISDICTION CODE was located today. Seriously.

I was about 2/3 through the line finally got down to the backpack area and one of the ladies came up and in an angry whisper said "they are already READING the instructions, you all need to go to your seats NOW". I shit you not I looked her straight in the face and said "that isn't OUR fault, stop being rude" (not a whisper). She looked at me blankly and walked away.

At least they are opening the doors at 745 tomorrow so it hopefully will be closer to on time? That whole crew should be fired.

[elijah54594]

Thought the second half of the MBE was easier than the first. Finished in two hours, but I generally tend to move quickly thru these things and I try to avoid going back and second-guessing myself.

Confident I passed all three essays yesterday, but I know I messed up PT-A. Hopefully I can make up for that tomorrow, but worried that between yesterday's PT and a likely lackluster MBE score (never been my strong suit) sunk me.

Felt the same way about the mbe, even down to the timing. Not sure how I did with the PT but I felt okay with the essays. The MBE has always been my weak spot too though....are we secretly twins, BD???

For real tho f all the fuckers who are done today and are celebrating. Esp my friends who denied that the CA bar was harder. WE HAVE AN ENTIRE EXTRA DAY TO DO.

(is jealous)

With NY now going to the common bar, CA is unarguably the most difficult bar by far in terms of content as well as passing standard. Anyone that says otherwise is literally just padding their ego. You know it to be true....

[smokeylarue]

For Fed evidence, no extrinsic evidence is alloweed to show character evidence. What about California?

[elijah54594]

nah crumps you've always been fast on multiple choice tests, i remember from the lsat. doesn't mean you fucked up. i seem to have missed this barrage of Ds that everyone else seems to have gotten, so i'm a lttle rattled by that. oh well, can't worry about that now

You are not alone in this. I don't recall specifically but nothing weird stood out. I remember it wasn't just Ds in a row...

"Throw some D's on dat BITCH!"

https://www.youtube.com/watch?v=pudIZbCRq_c

[elijah54594]

Guys I don't think they give us the same choices. Imagine how easy it would be to cheat if there was one answer code for the entire country.

Totally, man. I mean we may not think highly of the NCBE....but they ain't stupid. I'm honestly more surprised that they didn't also shuffle the answer choices within the questions a bit as well. Or at least the discussion on here makes me think they didn't.

Did YOU know that the NCBE is based in the only state where you do not need to pass the bar to practice law (so long as you went to law school there)? Ain't it ironic?

[elijah54594]

can congress violate a treaty?

Yea, can't they just pass a new law afterwards (last in time wins) that contradicts it?

Yep

Why couldn't this have been an MBE question? :/

Really? I am pretty sure that they can and DO do that. The last in time means last passed controls so long as it doesn't violate the constitution.

[Zaizei]

can congress violate a treaty?

Yea, can't they just pass a new law afterwards (last in time wins) that contradicts it?

Yep

Why couldn't this have been an MBE question? :/

Really? I am pretty sure that they can and DO do that. The last in time means last passed controls so long as it doesn't violate the constitution.

That's exactly what was said.

[redblueyellow]

All you people left me, wth.

[BuenAbogado]

Lulz at the line at century plaza

Dude, it is AMATEUR HOUR at Century Plaza. I don't know if it is the head proctors first time out or what, but seriously it is so funny. One of the proctors actually came to me and asked ME where the JURISDICTION CODE was located today. Seriously.

I was about 2/3 through the line finally got down to the backpack area and one of the ladies came up and in an angry whisper said "they are already READING the instructions, you all need to go to your seats NOW". I shit you not I looked her straight in the face and said "that isn't OUR fault, stop being rude" (not a whisper). She looked at me blankly and walked away.

At least they are opening the doors at 745 tomorrow so it hopefully will be closer to on time? That whole crew should be fired.

Haha I heard you!!! I was putting my backpack away and you told her it's not our fault, we've been waiting in an escalator line. But then the instructions still didn't start for a while so I think they heeded your advice.

[a male human]

Lulz at the line at century plaza

Dude, it is AMATEUR HOUR at Century Plaza. I don't know if it is the head proctors first time out or what, but seriously it is so funny. One of the proctors actually came to me and asked ME where the JURISDICTION CODE was located today. Seriously.

I was about 2/3 through the line finally got down to the backpack area and one of the ladies came up and in an angry whisper said "they are already READING the instructions, you all need to go to your seats NOW". I shit you not I looked her straight in the face and said "that isn't OUR fault, stop being rude" (not a whisper). She looked at me blankly and walked away.

At least they are opening the doors at 745 tomorrow so it hopefully will be closer to on time? That whole crew should be fired.

That is an own

[a male human]

I almost forgot PT was next. Don't forget to round up those facts and shove under the law. Have fun

HOW DO I PT???
ISSUE (SORT OF GIVEN TO YOU IN THE ASSIGNMENT)

RULE RULE RULE (PULLING OUT CASE LAW—YOU DID THIS EVERY DAY IN LAW SCHOOL IF YOU WERE A TURBO NERD OR AT LEAST I DID)

FACTS FACTS FACTS (LOST CHILDREN WHO NEED TO FIND THEIR PARENTS AKA THE RULE, CORRAL THOSE SNIVELLY LITTLE TURDS AND STOP THEM FROM CRYING, JESUS)
FACTS
MORE FACTS
USE THE WORD "BECAUSE" TO CONNECT FACTS TO FACTS AND FACTS TO LAW

CONCLUDE (1-2 SENTENCES WITH A SHORT SUMMARY OF YOUR ARGUMENT IF YOU CAN: "THUS, [CONCLUSION] BECAUSE [SUMMARY])

HOLY SHIT DON'T FORGET TO USE HEADINGS! GRADERS GET PAID ONLY $3.75 FOR YOUR SHITTY SEA OF TEXT AMONG A PILE OF OTHER SHIT
ISSUE? HEADING
RULE ELEMENT? HEADING
GOD DAMN I TOLD YOU GUYS THIS LIKE 900 TIMES

REPEAT!

WAIT, THAT'S THE SAME AS AN ESSAY! YEAH EXCEPT THE ANALYSIS IS GONNA BE LONGER AND ISSUES AND RULES ARE LITERALLY PROVIDED TO YOU WOW

HOW DO I TIMING???
75 MINUTES OF OUTLINING—EVERYTHING YOU NEED IS IN THE FILE AND LIBRARY (I WOULD CHECK OUT THE SMALLER BOOKLET FIRST, THOUGH)
PUT YOUR HEAD DOWN AND CLOSE YOUR EYES FOR 5 MINUTES AS YOU CONTEMPLATE YOUR LIFE (OR CLEAR YOUR HEAD WHATEVER)
90 MINUTES OF WRITING
THAT DOESN'T ADD UP! USE THE REMAINING 10 MINUTES TO PROOFREAD OR DRINK WATER OR REST MORE OR GO TO THE BATHROOM AND RUB ONE OUT OR ITCH THE DITCH—THE RULES DON'T FORBID IT

MAKE IT EASY ON THE GRADER AND USE UNDERLINED OR BOLDED HEADNOTES. NOT WRITING GIANT PARAGRAPHS HELPS TOO

AND DON'T COPY LARGE CHUNKS OF TEXT BECAUSE THAT GOT PEOPLE INTO TROUBLE WITH SHITTY SOFTEST LAST YEAR

TRY TO HAVE FUN LIKE IT'S A REAL CASE AND LOOK FORWARD TO SEEKING APPROVAL FOR YOUR HARD WORK ON FACEBOOK AND SHITPOSTING ON TLS LATER TONIGHT

[crumpetsandtea]

Holy fuck I failed. Fuck fuck fuck.

[MarcZero]

Guys. Number 6 was Con Law right? RIGHT???

Also, I'm glad to know I could have totally ignored wills and trusts and still come out on top. /s

[Tiago Splitter]

Man 6 was a real bitch.

[BKB]

I think #6 is Conlaw/Real property crossover. Tons of zoning stuff.

[publicservant101]

So... Passing seemed like a nice thought, once.

[a male human]

I thought I pretty much bombed most of the essays in 2014 Feb and still managed to pass

prosecutor duties? variance? nonconforming use? time for appeal? business goodwill? torts + contracts + remedies horserace?

???

If you rock the PT, you still have a fighting chance! 5 points on PT are equivalent to 10 points on essays.

[crumpetsandtea]

I thought I pretty much bombed most of the essays in 2014 Feb and still managed to pass

prosecutor duties? variance? nonconforming use? time for appeal? business goodwill? torts + contracts + remedies horserace?

???

If you rock the PT, you still have a fighting chance! 5 points on PT are equivalent to 10 points on essays.

Wait really? I'm dumb, I had no idea the PTs were weighted more heavily than the subject essays.

[notcool]

Well, I failed.

I needed to do really well on either the MBE or the essays and I bombed both...

I do feel that PT 1 went okay but I don't think it will be enough even if PT 2 goes really well.

[Loud Kiddington]

I think all essays are worth like 35% but there are six. And CPT worth 26% but there are two.

I think that's what he meant


Also, I think I failed too... Missed half the issues of question 5 and like all of 6

[a male human]

I thought I pretty much bombed most of the essays in 2014 Feb and still managed to pass

prosecutor duties? variance? nonconforming use? time for appeal? business goodwill? torts + contracts + remedies horserace?

???

If you rock the PT, you still have a fighting chance! 5 points on PT are equivalent to 10 points on essays.

Wait really? I'm dumb, I had no idea the PTs were weighted more heavily than the subject essays.

Overall, they're worth 65% together (written portion), but each PT is weighted more heavily than each essay:

"On the written section of the examination, applicants are graded initially on a basis of 1000 possible points: 100 points for each of the six essay questions and 200 points for each of the two performance tests. "

http://admissions.calbar.ca.gov/Portals ... rade_R.pdf

[smokeylarue]

PT is 26% I think, mbe is 35, rest is essays.

[Tiago Splitter]

Let's not write our obituaries just yet guys. We still got work to do.