California Bar Exam (July 2014) thread Forum

[chass]

Here is something to think about... Why does it take the bar so long to get us back our essays and mbe scores?

My theory...

Most likely your MBE answers have already been graded, probably over a week ago. This fits in what I have been told in my bar review course...

As for the essays, I have no idea. But if I had to guess I would say... The essays themselves have likely been uploaded to a database that the bar could easily have modified to allow them to be emailed. So the question is why does the bar not email you the number you missed on the MBE, and your answers on the essays. Given that it's all electronic the amount of work would be minimal. You would think for $800 they could at least do that... I mean they could save on the priority mail shipping our essays a month before the next exam, and just email us the essays and MBE totals now.

My theory, is they want to leave us sweating. Perhaps, it's all an elaborate plan to ensure we can't learn from our mistakes until its almost too late. What do you guys think?

Or perhaps I am just wrong... Perhaps the bar puts all of our essays, pt's and mbe answers in a time capsule waiting to be opened up in mid November. I mean anything is possible. I find this last theory less likely though...

If you pass, the bar does not want to tell you how many mbe questions you missed because your current/future employer would want to see that number and would likely revoke your offer and give your job to me.

[Carryon]

I'm wondering if the curve for July 2014 will be the same as July 2013. It looks like last year's exam might have been a little harder than this year's exam. I'm hopeful that the curve will be somewhat similar. What do you guys think?

Not sure. Here was the formula for the written scaled score for the February 2014 bar. Written scaled score = (Raw written score x 3.1584) - 460.6635. According to my calculations, if you average 60 on the essays and pts your score is 1434.378, which is close to the passing score of 1440.

This was for the attorney exam. As you can see if one essay score was 62 instead of 60, then you get 1440.6, a passing score.

[LSATNightmares]

It's been nearly two weeks since we finished the exam, and the nightmares are turning up now for me, where I dream that I missed issues or didn't finish the exam. I've also been preoccupied with other stuff, like moving to California, yet I'm still having bar exam nightmares. I wake up panicked, but then feel so relieved they're just nightmares. Ugh...

[adonai]

It's been nearly two weeks since we finished the exam, and the nightmares are turning up now for me, where I dream that I missed issues or didn't finish the exam. I've also been preoccupied with other stuff, like moving to California, yet I'm still having bar exam nightmares. I wake up panicked, but then feel so relieved they're just nightmares. Ugh...

I actually had a dream couple nights ago where I had to retake the MBE for some reason, and the proctor kept talking during the exam and I couldn't finish on time because of it. Funny how it's only been two weeks but it feels like months. Still can't believe we have to wait 3 more months for this crap.

[lmr]

The worst thing about this whole thing is if i fail i wouldn't even know where to be begin again. I honestly can't say i could have done more MBEs or more essays or memorized more-i even felt that way after the PR and Trusts essays (imo the hardest ones). It will really, really suck if I have to do this again. Cannot wait to start work next week-def need the distraction.

[Carryon]

It's been nearly two weeks since we finished the exam, and the nightmares are turning up now for me, where I dream that I missed issues or didn't finish the exam. I've also been preoccupied with other stuff, like moving to California, yet I'm still having bar exam nightmares. I wake up panicked, but then feel so relieved they're just nightmares. Ugh...

I actually had a dream couple nights ago where I had to retake the MBE for some reason, and the proctor kept talking during the exam and I couldn't finish on time because of it. Funny how it's only been two weeks but it feels like months. Still can't believe we have to wait 3 more months for this crap.

I was having dreams that the exam was not over. I had another day to take the exam.

[LSATNightmares]

The worst thing about this whole thing is if i fail i wouldn't even know where to be begin again. I honestly can't say i could have done more MBEs or more essays or memorized more-i even felt that way after the PR and Trusts essays (imo the hardest ones). It will really, really suck if I have to do this again. Cannot wait to start work next week-def need the distraction.

Yeah, I feel similarly, as I put in my hardest into preparation. I wouldn't start worrying about how to pick yourself up from failing until you actually do fail, if you will even fail.

[TitoSantana]

FYI -- For those who have experienced an Examsoft software issue, there seems to be a class action percolating. Here is the link...

http://abcnews.go.com/US/wireStory/barm ... s-24941633

http://abovethelaw.com/2014/08/the-inev ... has-begun/

http://www.dailydot.com/business/bar-ex ... n-lawsuit/

[JamesD]

These suits will prove interesting. Jump on the class action bandwagon early so you can make the claim that you knew all along that the faulty software was the reason you would fail. If you pass, simply drop out.
Those who fail, especially the ones with good law schools grades, will have a good case. I am not tech savvy enough to know how someone can prove how long it took to sign on.
I suppose the best hope for the software company is that the bar exam failure rate for July is on par with other bar exam outcomes.

Everyone saw these suits coming from a mile away.

[adonai]

Really don't know what reason the 1 person from CA is suing for. Most of us were able to upload after 830PM that night, and we had a couple more days to upload everything.

[LSATNightmares]

Really don't know what reason the 1 person from CA is suing for. Most of us were able to upload after 830PM that night, and we had a couple more days to upload everything.

I generally agree and had the same thought. But maybe it's because there is some lingering uncertainty whether there was a proper upload? I don't know if people were able to later confirm that an upload was successful if they had tried to do the manual upload. But I don't know what kind of damages people will realistically be able to collect. I personally find this to be a frivolous lawsuit.

[LawDog86]

Really don't know what reason the 1 person from CA is suing for. Most of us were able to upload after 830PM that night, and we had a couple more days to upload everything.

I generally agree and had the same thought. But maybe it's because there is some lingering uncertainty whether there was a proper upload? I don't know if people were able to later confirm that an upload was successful if they had tried to do the manual upload. But I don't know what kind of damages people will realistically be able to collect. I personally find this to be a frivolous lawsuit.

I couldn't agree more about this sounding like a frivolous lawsuit. What happens if all or any of the 5 of the exam takers pass? I can't see them having the same tenacity to pursue the suit if they passed. And if they fail, was it because of the software or did you really just not write passing essays?

[2807]

What is the exact basis for the suit?

Are people actually poised to get a 0 on essays that they were unable to upload in time?

[Carryon]

What is the exact basis for the suit?

Are people actually poised to get a 0 on essays that they were unable to upload in time?

I thought that the state bars extended their deadlines, so that they could upload them in time. I uploaded my answers to the first day of my exam Tuesday morning.

[CALawGirl]

Looks like based on comments here and what I've heard, the following are issues that people talked about.

Essay 1: Remedies
What remedies may Percy claim against Daria?
- Quickly mention breach of K & anticipatory repudiation
- Legal remedies/compensatory damages: certain, definite, foreseeable, mitigated (reliance, expectation, consequential, incidental)
- Restitutionary: unjust enrichment/Quasi-K
- Equitable: SP, no rescission or reformation

Essay 2: Evidence
Did Court properly admit
a. Question of Mechanic?
- Relevance
- Personal Knowledge/competence
- Hearsay (Present sense impression)
- is question "statement?"
- Non-HS (effect on hearer/knowledge)
b. Answer of Supervisor
- Relevance
- Personal Knowledge/Competence
- Hearsay (Vicarious Party Admission, Declaration Against Interest)
- Non-HS (Effect on hearer/knowledge)
c. Cross-X of W re resume/application
- Relevance
- Character evidence
- Impeachment
Did ct properly admit excerpt of maintenance report
- relevance
- Personal knowledge
- Authentication
- Best Evidence Rule
- Hearsay (biz record, past recollection recorded)

Essay 3: PR/Partnership/Corp
What are Alice's ethical violations?
a. Denying extension for interrogatories
- Duty of Competence
- Scope of Rep
- Role as Advisor
- Duty to Communicate
- Fairness to Opposing Pty
b. Client telling lawyer she would get false note from her doctor so she will not attend depo
- Duty of competence
- Duty to comm
- Duty of Confidentiality (exception: subst financial loss)???
- Attorney- Client Privilege (exception: future crime/fraud)
c. Attorney making tender offer and buying security...client loses money
- Duty of Loyalty/Conflict of interest
- No consent by client
- withdraw
What claims does client have against Alice, AB Law and Bob
- define liability of partners under LLP (not personally liable)
Alice
- breach of fid duties
- 10b5/insider trading/tipper
- 16b
- Misappropriation Theory
- interference with biz expectation
- Malpractice
AB Law
- Agency Theory (actual, implied, apparent authority)
Bob
- No personal liability unless aware of Alice's acts

PTA - Objective memo to Supervisor
I. Are RPTs "Recreational Vehicles" or a "Structure?"
II. Is campground an existing non-conforming use or new non-confirming use?

[CALawGirl]

[Contd]

Essay 4: Crim Pro
Should ct admit
a. Radio
- Exclusionary rule
- 4th A Search & Seizure
- Govt. Conduct
- Reasonable Expectation of Privacy
- Warrant (PC, Particularity, Neutral & Detached Judge)
- Terry Stop Exception
- Frisk Exception
- Plain View Exception
- Fruit of Poisonous Tree ( independent source, inevitable doctrine, ??)
b. Confession
- 5th A (custody, interrogation)
- 6th A right to counsel
- 14th A voluntariness
- Impeachment use
c. Attorney refusing to allow client to testify
- Client's right to testify
- attorney must not assist client to commit perjury
Should ct allow D to rep himself?
- 6th A right - Pro Se
- Judge to determine competency
- Waiver of attorney must be voluntary, knowing, intelligent
- timely? Waiver was given a week prior

Essay 5: Trust/Community Property
a. Henry v. Sis for Breach of Trust
- Trust Formation
- Breach of Trust Duties (loyalty, care, invest, diversify, make trust productive, follow instructions)
- H as co-trustee can also be liable
b. Henry v. Charity to return $ used for admin purposes instead of disaster relief
- Charitable trust?
- violation of trust purpose
- Resulting Trust
c. Henry's rights to asset
- CP Presumption, QCP = CP
- Transmutation
- Gift to 3rd party requires other spouse's written consent
- H entitled to 1/2 of assets at divorce

Essay 6: Torts
What negligent claims can Patron raise against Caterer, Waiter and Owner?
a. Caterer
- Negligence
- Neg per se
- Joint & Several Liability
- Defenses
b. Waiter
- Negligence
- Joint & Several Liability
- No affirmative duty to act (if no duty)
- Defenses
c. Owner
- Negligent Hiring
- Premises Liability
- Product Liability
- Vicarious liability for Caterer & Waiter
- Joint & Several Liability
- Defenses

PT-B Persuasive Brief to Judge not to vacate arbitrator's amendment

I. Can Arbitrator make changes to final award? funio capio???
II. Was request and revision timely?
III. Did Arbitrator exceed scope for
- A. Re-characterizing award
- B. Awarding attorney fees
- C. How fees will be calculated
IV. Can Arbitrator award punitive damages?

[Carryon]

[Contd]

Essay 4: Crim Pro
Should ct admit
a. Radio
- Exclusionary rule
- 4th A Search & Seizure
- Govt. Conduct
- Reasonable Expectation of Privacy
- Warrant (PC, Particularity, Neutral & Detached Judge)
- Terry Stop Exception
- Frisk Exception
- Plain View Exception
- Fruit of Poisonous Tree ( independent source, inevitable doctrine, ??)
b. Confession
- 5th A (custody, interrogation)
- 6th A right to counsel
- 14th A voluntariness
- Impeachment use
c. Attorney refusing to allow client to testify
- Client's right to testify
- attorney must not assist client to commit perjury
Should ct allow D to rep himself?
- 6th A right - Pro Se
- Judge to determine competency
- Waiver of attorney must be voluntary, knowing, intelligent
- timely? Waiver was given a week prior

Essay 5: Trust/Community Property
a. Henry v. Sis for Breach of Trust
- Trust Formation
- Breach of Trust Duties (loyalty, care, invest, diversify, make trust productive, follow instructions)
- H as co-trustee can also be liable
b. Henry v. Charity to return $ used for admin purposes instead of disaster relief
- Charitable trust?
- violation of trust purpose
- Resulting Trust
c. Henry's rights to asset
- CP Presumption, QCP = CP
- Transmutation
- Gift to 3rd party requires other spouse's written consent
- H entitled to 1/2 of assets at divorce

Essay 6: Torts
What negligent claims can Patron raise against Caterer, Waiter and Owner?
a. Caterer
- Negligence
- Neg per se
- Joint & Several Liability
- Defenses
b. Waiter
- Negligence
- Joint & Several Liability
- No affirmative duty to act (if no duty)
- Defenses
c. Owner
- Negligent Hiring
- Premises Liability
- Product Liability
- Vicarious liability for Caterer & Waiter
- Joint & Several Liability
- Defenses

PT-B Persuasive Brief to Judge not to vacate arbitrator's amendment

I. Can Arbitrator make changes to final award? funio capio???
II. Was request and revision timely?
III. Did Arbitrator exceed scope for
- A. Re-characterizing award
- B. Awarding attorney fees
- C. How fees will be calculated
IV. Can Arbitrator award punitive damages?

That seems about right as to issues discussed at this forum.

[adonai]

I don't know. I feel like a lot of those issues did not apply. But as to comprehensiveness as to what everyone's been talking about, then yeah that's a pretty complete list.

I wonder if one would be able to pass if they discussed even half of all that.

[iLoveFruits&Veggies]

I don't know. I feel like a lot of those issues did not apply. But as to comprehensiveness as to what everyone's been talking about, then yeah that's a pretty complete list.

I wonder if one would be able to pass if they discussed even half of all that.

Or 1/10th? lol. That list is depressing. Btw, I might be the only one, but I put that Henry wasn't entitled to the $ because his wife kept her earnings in a separate bank account = SP, so when she started the trust it was with her own SP funds, not CP. Haven't heard anyone say that except for me. Oh well.

[LSATNightmares]

I don't know. I feel like a lot of those issues did not apply. But as to comprehensiveness as to what everyone's been talking about, then yeah that's a pretty complete list.

I wonder if one would be able to pass if they discussed even half of all that.

Or 1/10th? lol. That list is depressing. Btw, I might be the only one, but I put that Henry wasn't entitled to the $ because his wife kept her earnings in a separate bank account = SP, so when she started the trust it was with her own SP funds, not CP. Haven't heard anyone say that except for me. Oh well.

I'm feeling a little hazy on the law and essay, but unfortunately I don't think that is correct. That goes to the issue of transmutation. You can only have a transmutation after 1985 if it's in writing and if it's signed by the party disadvantaged. It's not clear that hubby signed anything that would transmute earnings during marriage (CP) into wifey's SP via a bank account. I wouldn't sweat it too much though. The graders will look holistically at your essay. Passing essays still get issues wrong.

As for the list, yeah, that was discussed in the forum. But I don't think some of the issues deserve to belong on the list (e.g. products liability on the negligence essay). I would also add other minor issues to the list.

[iLoveFruits&Veggies]

I don't know. I feel like a lot of those issues did not apply. But as to comprehensiveness as to what everyone's been talking about, then yeah that's a pretty complete list.

I wonder if one would be able to pass if they discussed even half of all that.

Or 1/10th? lol. That list is depressing. Btw, I might be the only one, but I put that Henry wasn't entitled to the $ because his wife kept her earnings in a separate bank account = SP, so when she started the trust it was with her own SP funds, not CP. Haven't heard anyone say that except for me. Oh well.

I'm feeling a little hazy on the law and essay, but unfortunately I don't think that is correct. That goes to the issue of transmutation. You can only have a transmutation after 1985 if it's in writing and if it's signed by the party disadvantaged. It's not clear that hubby signed anything that would transmute earnings during marriage (CP) into wifey's SP via a bank account. I wouldn't sweat it too much though. The graders will look holistically at your essay. Passing essays still get issues wrong.

As for the list, yeah, that was discussed in the forum. But I don't think some of the issues deserve to belong on the list (e.g. products liability on the negligence essay). I would also add other minor issues to the list.

I really didn't think Community Property would be on the exam so I didn't review it much... and for some strange reason that rule (which I guess I made up) is stuck in my head - that money earned from work is CP, unless you put it into your own bank account with only your name - then it's presumed to be SP, unless rebutted. Guess we'll see if "you can write down the wrong rule and still get points if you analyze a lot" is true lol! I'm going to try to find what I wrote in my notes... it's driving me batty... I was SURE it was the opposite of what everyone else put. I must have written it down wrong at some point and memorized it incorrectly. BLAH. Should have spent less time with Crim Law (I reeeeally thought murder would be on the exam) and more with CP & Remedies.

[Carryon]

I don't know. I feel like a lot of those issues did not apply. But as to comprehensiveness as to what everyone's been talking about, then yeah that's a pretty complete list.

I wonder if one would be able to pass if they discussed even half of all that.

Or 1/10th? lol. That list is depressing. Btw, I might be the only one, but I put that Henry wasn't entitled to the $ because his wife kept her earnings in a separate bank account = SP, so when she started the trust it was with her own SP funds, not CP. Haven't heard anyone say that except for me. Oh well.

I'm feeling a little hazy on the law and essay, but unfortunately I don't think that is correct. That goes to the issue of transmutation. You can only have a transmutation after 1985 if it's in writing and if it's signed by the party disadvantaged. It's not clear that hubby signed anything that would transmute earnings during marriage (CP) into wifey's SP via a bank account. I wouldn't sweat it too much though. The graders will look holistically at your essay. Passing essays still get issues wrong.

As for the list, yeah, that was discussed in the forum. But I don't think some of the issues deserve to belong on the list (e.g. products liability on the negligence essay). I would also add other minor issues to the list.

I think so too on the cp issue. Regarding grading and getting the issues, based on what I saw on the graded essays with grader comments, it seems that if you got the major issues, you did ok even if you missed a few minor issues. Also, it appears that the more difficult questions were graded easier and you could get a decent score even though you missed some issues.

[kerryconverse]

I don't know. I feel like a lot of those issues did not apply. But as to comprehensiveness as to what everyone's been talking about, then yeah that's a pretty complete list.

I wonder if one would be able to pass if they discussed even half of all that.

Or 1/10th? lol. That list is depressing. Btw, I might be the only one, but I put that Henry wasn't entitled to the $ because his wife kept her earnings in a separate bank account = SP, so when she started the trust it was with her own SP funds, not CP. Haven't heard anyone say that except for me. Oh well.

I'm feeling a little hazy on the law and essay, but unfortunately I don't think that is correct. That goes to the issue of transmutation. You can only have a transmutation after 1985 if it's in writing and if it's signed by the party disadvantaged. It's not clear that hubby signed anything that would transmute earnings during marriage (CP) into wifey's SP via a bank account. I wouldn't sweat it too much though. The graders will look holistically at your essay. Passing essays still get issues wrong.

As for the list, yeah, that was discussed in the forum. But I don't think some of the issues deserve to belong on the list (e.g. products liability on the negligence essay). I would also add other minor issues to the list.

I really didn't think Community Property would be on the exam so I didn't review it much... and for some strange reason that rule (which I guess I made up) is stuck in my head - that money earned from work is CP, unless you put it into your own bank account with only your name - then it's presumed to be SP, unless rebutted. Guess we'll see if "you can write down the wrong rule and still get points if you analyze a lot" is true lol! I'm going to try to find what I wrote in my notes... it's driving me batty... I was SURE it was the opposite of what everyone else put. I must have written it down wrong at some point and memorized it incorrectly. BLAH. Should have spent less time with Crim Law (I reeeeally thought murder would be on the exam) and more with CP & Remedies.

The fact that money was deposited in a separate account is only relevant w/r/t premarital debts. A creditor of the first spouse cannot reach the CP wages of the second spouse if the earnings are kept in a separate bank account.

The two big issues on that part of the CP/trusts question was QCP is considered SP during life and can be completely transferred as a gift or sold without the consent of the non-owning spouse, therefore the creation of the trust was valid and as a general rule the H has no interest in it; however, there are exceptions. First, upon divorce, the assets in the trust will be divided 50/50. Second, this was an "illusory transfer" because the W retained a life estate/income for life in the trust. Therefore, upon W's death, H can set aside the trust and recover an interest for the CP. And the church's interest at death will be eliminated, at least w/r/t H's share (not 100% sure about what happens to W's share and whether it still goes to church after W's death)

[kerryconverse]

And I don't think premises liability is relevant for the torts essay. The torts essay went to negligence regarding activities taking place on the land, not dangerous properties of the land itself. The only place I mentioned invitee was for the non-delegable duty of the owner to the IC, making the owner vicariously liable to the invitee. At least that was my understanding of torts lol.


I'm still sweating the MBE. I know I bombed it. But hoping bombing it still got me a 135.

[jarofsoup]

[Contd]

Essay 4: Crim Pro
Should ct admit
a. Radio
- Exclusionary rule
- 4th A Search & Seizure
- Govt. Conduct
- Reasonable Expectation of Privacy
- Warrant (PC, Particularity, Neutral & Detached Judge)
- Terry Stop Exception
- Frisk Exception
- Plain View Exception
- Fruit of Poisonous Tree ( independent source, inevitable doctrine, ??)
b. Confession
- 5th A (custody, interrogation)
- 6th A right to counsel
- 14th A voluntariness
- Impeachment use
c. Attorney refusing to allow client to testify
- Client's right to testify
- attorney must not assist client to commit perjury
Should ct allow D to rep himself?
- 6th A right - Pro Se
- Judge to determine competency
- Waiver of attorney must be voluntary, knowing, intelligent
- timely? Waiver was given a week prior

Essay 5: Trust/Community Property
a. Henry v. Sis for Breach of Trust
- Trust Formation
- Breach of Trust Duties (loyalty, care, invest, diversify, make trust productive, follow instructions)
- H as co-trustee can also be liable
b. Henry v. Charity to return $ used for admin purposes instead of disaster relief
- Charitable trust?
- violation of trust purpose
- Resulting Trust
c. Henry's rights to asset
- CP Presumption, QCP = CP
- Transmutation
- Gift to 3rd party requires other spouse's written consent
- H entitled to 1/2 of assets at divorce

Essay 6: Torts
What negligent claims can Patron raise against Caterer, Waiter and Owner?
a. Caterer
- Negligence
- Neg per se
- Joint & Several Liability
- Defenses
b. Waiter
- Negligence
- Joint & Several Liability
- No affirmative duty to act (if no duty)
- Defenses
c. Owner
- Negligent Hiring
- Premises Liability
- Product Liability
- Vicarious liability for Caterer & Waiter
- Joint & Several Liability
- Defenses

PT-B Persuasive Brief to Judge not to vacate arbitrator's amendment

I. Can Arbitrator make changes to final award? funio capio???
II. Was request and revision timely?
III. Did Arbitrator exceed scope for
- A. Re-characterizing award
- B. Awarding attorney fees
- C. How fees will be calculated
IV. Can Arbitrator award punitive damages?

That seems about right as to issues discussed at this forum.

I did res ipsq for the caterer too