California February 2016 Bar Exam (Westside For Life) Forum

[a male human]

This thread is getting annoying. We all need to get a life.

This IS part of my life

[BrokenMouse]

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[samnicholson]

I think the second part of the question asked for remedies? I could be wrong though. I do remember discussing expectation damages, but perhaps that was on q6. Btw already saw a dream last night that I failed the first day lol.

I recall the call of the question being 2 part: 1) Will part 1 succeed and what are the defenses? 2) Will party 2 succeed and what are the defenses?
Party 1 sued for rescission and party 2 sued for reformation. There was no damages question.

I don't think any part of the question specifically asked about remedies. However, since the call of the question specifically asked about defenses, I think that would have been really important to talk about.

[Zebra]

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[Zebra]

When does life go back to normal for those of you who have been through this already. It's been 8-9 days post-bar and things are semi shitty still. Recovery mode is not progressive. Is this normal?

[Jimmyg08]

It is totally normal. It took at least a few weeks to return to what seemed normal because there is no such thing as normal. Until results come out then a few weeks before they come out it gets worse - but I imagine when we pass it will be better than whatever normal was before.


It's a mental takeover but I jumped back into the gym and into family time and once everyone is asleep I walk through the exam hoping I did enough.

[a male human]

It is totally normal. It took at least a few weeks to return to what seemed normal because there is no such thing as normal. Until results come out then a few weeks before they come out it gets worse - but I imagine when we pass it will be better than whatever normal was before.


It's a mental takeover but I jumped back into the gym and into family time and once everyone is asleep I walk through the exam hoping I did enough.

Yes, this is accurate. First and last months are the worst. In between you just feel a general sense of malaise where you've kind of accepted the wait and potential fate at hand. Last couple weeks will get your heart anxious again, like a thorn that tumbles around your ventricles.

If you pass, it's a huge relief, like an unplugged drain washing away your worries. The high does not last long, however, so don't plan a parade or anything. I gave my boss a thumb up when I found out, and he was even more excited than I was. The next hurdle is finding a job if you don't have one (or want a better one) or doing an even better job if you do.

I, for one, am still stuck in this purgatory since the high of May, 2014. I shall be your guide in this dark maze that races you to one golden handcuff after another.

[InTheWideLand I Walk]

I for one come here once or twice a day just to see some updates or to kill time during downtime. After all, this is really a community. None of us will stick around after we pass the bar. Also I don't let TLS or the bar consume my day. I am mostly out during the day or playing video games. Bar doesn't own me.

brokenmouse, is that you in ur profile pic? sometimes people use pics of other people thats why i ask.

[Zebra]

It is totally normal. It took at least a few weeks to return to what seemed normal because there is no such thing as normal. Until results come out then a few weeks before they come out it gets worse - but I imagine when we pass it will be better than whatever normal was before.


It's a mental takeover but I jumped back into the gym and into family time and once everyone is asleep I walk through the exam hoping I did enough.

Yes, this is accurate. First and last months are the worst. In between you just feel a general sense of malaise where you've kind of accepted the wait and potential fate at hand. Last couple weeks will get your heart anxious again, like a thorn that tumbles around your ventricles.

If you pass, it's a huge relief, like an unplugged drain washing away your worries. The high does not last long, however, so don't plan a parade or anything. I gave my boss a thumb up when I found out, and he was even more excited than I was. The next hurdle is finding a job if you don't have one (or want a better one) or doing an even better job if you do.

I, for one, am still stuck in this purgatory since the high of May, 2014. I shall be your guide in this dark maze that races you to one golden handcuff after another.

Thanks for the input. Gym definitely helps, I still can't seem to enjoy much of social environments, especially with people who are oblivious about anything bar/law related. I can say I'll be relieved either way (if i pass or not), because I won't have to dwell on how i did anymore. And I'm def. prepared for the "high-kill" lol job-hunting will be another challenge i'll have to look forward to :/ Why are you stuck in this purgatory, and going through a dark maze... and how come the handcuff is gold? why not platinum? or embellished with diamonds?

[FinallyPassedTheBar]

I like to "make it rain" at the gentlemen's club. Takes my mind off the bar.

[vingonza]

I have been lurking on these boards for a while. The February exam was my first time attempting a repeat, sadly I was a victim of PT A in July. I have found everyone's insight to be helpful in preparation, re-assuring during the 3-day stretch of actually taking the bar, and effective for post-bar stress. It is nice to see the thoughts of people who actually know what it is like to take the bar.

I also want to give a shoutout and thank you to a male human for creating magicsheets/approsheets and for your encouraging emails throughout the process. If your name unfortunately does not appear on the pass-list this May, I would strongly encourage and recommend purchasing magicsheets/approsheets as supplements for memorizing rules (they destroy leansheets).

That being said, having been a couple weeks since the exam, I thought I would chime in on how I thought the bar went for me (mainly for purposes of getting some things off my chest).

Day I

Essay 1 (Wills/Trusts):
Did this essay first and put in about an hour and 10 mins into it. Did not discuss much on the first trust since it was essentially not going to control, just general discussion mentioning that the outcome would depend on whether the second trust effectively revoked the first one and that the first trust was revocable. Only brief discussion on wills stating that the will was valid. Talked about formation of valid trust as to the testamentary trust since validity of that trust had not been pointed out in the essay. Went into duties of the trustee, remedies, etc.

What I missed:
One big issue I realized I missed was the remedy of Constructive Trust (due to time I merely discussed briefly removal of trustee and damages). I hope that does not hurt me too much on what I believe was an otherwise competent essay.

Score Prediction: 60

Essay 2: (Torts)
Did this essay last, had about 45 mins to do it, which showed a bit towards the end in my analysis (not too bad though). Started with preliminary heading covering the rest of the essay in that insanity (belief of aliens) is not a defense to intentional torts, etc. After that I believe I hit all the main torts mentioned previously in discussion. Did not think negligence was an issue, but mentioned it very briefly in one line with short rule stating that a claim brought in negligence would not succeed. One thing I mentioned that nobody else has mentioned previously is false imprisonment during the time the chainsaw was being held up (victim believed that they could not move during that short time). It is a stretch, but I remember doing a practice essay where false imprisonment was discussed during a brief moment of a robbery where a robber held up a gun to someone, so I thought it was worth at least a mention.

What I missed:
I missed a trespass to land claim against the person claiming defense of others. Also missed trespass to chattel transferred intent (only discussed battery transferred intent). Hoping that these hiccups are not big enough to render a below passing score to what I believe was an otherwise competent essay.

Score Prediction: 65+

Essay 3: (Professional Responsibility)
Did this essay second and spent about an hour and 5 mins on it. Not much to say about this essay since I don't remember it well. All I know is that I thought I destroyed it with really good rule statements and distinctions between CA and FED.

What I missed:
Mentioned withdrawal within one of the analysis of the issues rather than having a separate heading going more into detail in the requirements of mandatory or permissive withdrawal, which hopefully does not affect score too much.

Score Prediction: 65+

PT A (objective memo to supervising attorney)
I thought the facts of this PT were not too difficult to digest when reading, which was much appreciated. As I was writing I ran into some amount of confusion as to how to fit the facts into the cases and organization, but I think I did an ok job in the end (for sure not a 50 score that I got on PTA in July). Mentioned in the conclusion the punishment handed out in one of the as a good guideline for suggested punishment in this case.

Score Prediction: 60

Day II

MBE:
I did ok on the July MBE (scaled 1429 which i think is somewhere around 130/190 raw). After the July MBE i remember feeling that it was difficult, but I also remember that I recognized a fair amount of questions and thought I did ok on them. After this February MBE I felt good about it. There are some questions that I know I got wrong that annoy me such as the 1st amendment funeral sign one, but for the most part, looking at the consensus of the questions discussed on the original board before being taken down, I got most of the tough ones correct. I believe that the MBE was easier and I believe I had to have performed better on it than July.

Score Prediction: Hoping for 135+ raw

Day III

Essay 4: (Contracts/Remedies)
Did this essay last, had about 45 mins to do it. As I read it, like many others, I was just trying to figure out what it was about. When I got to the end, i saw rescission and reformation and knew that it was a remedies question. I had good rule statements and discussed the proper defenses, but I believe my analysis was lacking due to running out of time. I made sure to put in a preliminary issue section in which I discussed what law governed (common law) and the rule for valid contract and just said that there was a valid contract.

What I missed:
I do not believe I missed any issues and I thought my rule statements were immaculate, but time started to run out, and it started to show on some of my analysis, which started to get brief although still competent. I think I incorrectly concluded on the laches defense because I failed to remember until it was too late that it had been a few months since the plaintiff brought the action (6 months if I remember correctly).

Score Prediction: 55-65 depending on how much a grader reads into it. At first glance It would be a 65, but if the grader reads the analysis towards the end, it could drop. (hoping they play the stoplight game trying to grade and assign a score before the light turns green).

Essay 5: (CA Evidence)
Did this essay second, put in about an hour and 5 minutes, then went back and revised a bit in the middle of writing the remedies essay (remembered some points I should have included). I pretty much just talked about hearsay and exceptions. I thought the email would constitute double hearsay, but then realized that the email should come in since it was proving that a defamatory statement had been made rather than proving the truth, etc. Talked about authorization, spontaneous statements, contemporaneous statements (in regards to the statement of the affair that was overheard), etc. This essay had become a bit hazy in my memory.

What I missed:
One big issue I neglected to mention was Statement Against Interest and I didn't realize it until it was too late. However, i mentioned contemporaneous statement and vicarious admission (which are both a stretch). Also did not really mention anything coming in for non-hearsay purposes other than the email contents. Hopefully I don't get dinged too much by a grader.

Score Prediction: 60-65

Essay 6: (UCC Contracts)
I did this essay first, and dedicated about 1 hour 10 mins to it. I did not think it was too difficult other than organization and flow, which I tend to struggle with sometimes in contracts essays that are not too straightforward. I did the opening statements of UCC controlling then formation (really brief on consideration since it was clear). I mentioned the disclaimer and said it was valid in this case. Was a bit confused as to whether it was a conditional acceptance, but made sure to touch upon this. Then got into discussion on damages (and how the disclaimer on the incidental damages was valid). I also mentioned in my analysis that the facts tended to show that the two had dealt with each other in the past. Ended up concluding that the supplier did not do anything wrong and should have had the ability to cure since they had no reason to think that what they supplied was defective and they did not know that the purchaser was relying on the product to avoid closing down.

I did NOT talk about torts defects in depth as some people mentioned since that analysis is a bit too in depth and I didn't think it was necessary considering the time crunch of the question.

What I missed:
Maybe could have done better analysis of the damages portion. Time started to push me towards the next essay and made me wrap up on this essay, however, I still believe I hit most of the points that were required to have a passing answer.

Score Prediction: 65+

PT B: (Memorandum of Points and Authorities in Opposition to Motion to Modify and Motion to Exclude Testimony)
I was a bit nervous for this PT going into it, knowing that a mess up on this could very well determine pass or fail. I was hoping it was not an In Re Sia or equivalent kind of PT (which I tried during preparation only to find myself stopping and yelling profanities at). I was pleased to see that I was able to understand was was going on during the reading. I started with the pleading heading and conclusion, making it look pretty. I believe that I put together a competent analysis, underlining all the parts I wanted the grader to see were included. Although I think I nailed this PT, there were some points of confusion during writing. For example, as I was reading the initial motion to modify by the petitioner, I was unsure as to whether they wanted us to follow the headings within that motion and argue against them or not. I ended up following the headings that I thought respondent had a good argument against. There ended up being one heading that did not follow, which I think was something like "Any mistake that took place was not mutual, but unilateral because..." I also ended up running a bit low on time during the analysis of the last point, but I was able to put something decent together. The statement of facts was mostly derived from the interview, with some mention of the assets and motion. The interview had most of the important facts relating to the arguments that were to be made IMO.

Score Prediction: 65+

Conclusion:
All in all, i really hope that I did enough to pass. I do not find myself telling others that I think I passed like I did the first go around. In July I truly believed I had passed after assessing my performance, but when results came in, the section that ended up killing me was the PT. Had I just done below average on the PT (getting a 60 rather than a 50), I would have passed (according to the bar exam calculator). It was a tough pill to swallow, and I took time to be depressed over the weekend, but then came up with a new study plan and actually did several PT's to ensure that it would not cause me to fail again. Another thing that helped me on the PT was experience from actually drafting pleadings at work, etc. This time around I believe I performed better on the essays, better on the MBE, and FAR better on the PT's. Therefore, I am cautiously hopeful and optimistic that I passed.

[esq]

I always wondered, and maybe y'all can help me on this, what are the CA Bar Comittee's procedures regarding abnormalities at testing locations during the bar? And where does one find information regarding citations given during the bar, e.g., a Chapter 6 violation?

Curiosity led me to http://rules.calbar.ca.gov, but this generally only hits on procedures for contesting CA Bar decisions, and doesn't note the policy concerning the questions I listed above.

For example, how does the Bar handle an irregularity, such as the Ontario fire alarm disruption, or a proctor failure to give time warnings, that negatively affects the testers at one location who'a performance is weighed against locations that didn't have any issues? Is it a matter of "oh well, better luck next time? I assume there are written guidelines for these issues? And what exactly does a Chapter 6 violation allege/what are the consequences?

I am unaffected by violations or irregularities, but I've always been curious as to how the bar handles these situations. I've also struck out on finding information regarding the Bar's internal or public policies/rules on these issues, but I'm assuming (a good assumption) that someone here is smarter than me and can point me in the right direction for this information.

[a male human]

I also want to give a shoutout and thank you to a male human for creating magicsheets/approsheets and for your encouraging emails throughout the process. If your name unfortunately does not appear on the pass-list this May, I would strongly encourage and recommend purchasing magicsheets/approsheets as supplements for memorizing rules (they destroy leansheets).

Quoted for posterity Now I'm emotionally invested in your results, thanks a lot.

Really though, your comment means a lot to me. And props for the thorough evaluation of your performance!

[a male human]

I always wondered, and maybe y'all can help me on this, what are the CA Bar Comittee's procedures regarding abnormalities at testing locations during the bar? And where does one find information regarding citations given during the bar, e.g., a Chapter 6 violation?

Curiosity led me to http://rules.calbar.ca.gov, but this generally only hits on procedures for contesting CA Bar decisions, and doesn't note the policy concerning the questions I listed above.

For example, how does the Bar handle an irregularity, such as the Ontario fire alarm disruption, or a proctor failure to give time warnings, that negatively affects the testers at one location who'a performance is weighed against locations that didn't have any issues? Is it a matter of "oh well, better luck next time? I assume there are written guidelines for these issues? And what exactly does a Chapter 6 violation allege/what are the consequences?

I am unaffected by violations or irregularities, but I've always been curious as to how the bar handles these situations. I've also struck out on finding information regarding the Bar's internal or public policies/rules on these issues, but I'm assuming (a good assumption) that someone here is smarter than me and can point me in the right direction for this information.

A bunch of testers from the 2014 Feb exam (including myself) mailed in letters to the State Bar about the SofTest issue where we couldn't see what we were typing. All we got was a one-page formal response saying it isn't their problem and doesn't affect the integrity of the scores.

I imagine irregularities happen sometimes and that results would be similar to mine unless it was a severely widespread issue.

[BrokenMouse]

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[a male human]

Now I know how I had bullshitted myself. This time around I really feel like I might not pass and even if I do pass, it would be barely passing.

FFFFFFUUUUUUU CA BAR!!

This is how I felt coming out the 2nd time. Don't want to jinx you but it's a sign that you likely passed.

[BrokenMouse]

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[lakers3peat]

Now I remember that after taking the July 2015 exam, I felt like I had "passed" immediately after the exam and felt even more confident after some time had passed. Now I know how I had bullshitted myself. This time around I really feel like I might not pass and even if I do pass, it would be barely passing.

+1 I think we are letting our past wretched experience cloud our current judgment. Hoping for the best though.

Sometimes I wonder what % of people's exams go to second and third reads? Is this information available anywhere? I feel like there's gotta be a decent amount... Also, I wonder how many go to re-read then end up passing... I got the opposite last time lol.

In all honesty, it will be a great day if I never have to find out exactly what my written breakdown was.


Are any of you working right now or searching for employment?? I need to volunteer or something. I remember between August-November only having a few interviews and banking on passing the bar as a selling point for future jobs. Most of my friends who passed ended up finding a job soon thereafter, but very few before. I can't just sit around until May. That would officially be 1 year since graduation with no gainful employment, making the law school decision seem evermore foolish.

[BrokenMouse]

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[a male human]

+1 I think we are letting our past wretched experience cloud our current judgment. Hoping for the best though.

Sometimes I wonder what % of people's exams go to second and third reads? Is this information available anywhere? I feel like there's gotta be a decent amount... Also, I wonder how many go to re-read then end up passing... I got the opposite last time lol.

In all honesty, it will be a great day if I never have to find out exactly what my written breakdown was.


Are any of you working right now or searching for employment?? I need to volunteer or something. I remember between August-November only having a few interviews and banking on passing the bar as a selling point for future jobs. Most of my friends who passed ended up finding a job soon thereafter, but very few before. I can't just sit around until May. That would officially be 1 year since graduation with no gainful employment, making the law school decision seem evermore foolish.

I'm at a shit pay job in a shit firm doing litigation as a law clerk. I'm getting pretty good experience, or at least good exposure, to certain aspects of litigation. For example, I learned that blanket objection to each and every discovery request is standard practice, and in exchange for not filing an appeal, you can actually settle for some money. Not exactly hardcore litigation experience but that shit is going on my resume just to fill the gap for when I start looking for a real job. On the bright side, I like most of my coworkers and bosses. I'm sure my bosses are also happy to keep a law clerk with a JD working for lower wage than the legal secretary here.

That shit irritates me so much. 3 years of post-grad educated bar candidate getting paid what McDonald's cashiers have demanded. But I guess that's what the market can bear these days.

[Neveragain]

[quote="BrokenMouse"]Do you guys feel like you did fairly well right now, but remember feeling like shit after each day? I remember day 1 I felt like I had failed the bar and need not go to day 2 and 3. I remember I felt so fucked over on Trust essay and the PT. I wrote a persuasive memo when it was supposed to be objective. I remember in my bed at night realizing my mistake and just feeling my heart drop. Then the next morning I looked at my July 2015 PT and realized that writing in persuasive tone and missing the statement of facts section did not really fuck me over that much since I still got a 65. I didn't feel strong on the PR essay either because i remember flat out getting the rule wrong on limiting malpractice liability.

Then I felt better after Day 2 MBE morning. I felt like I killed the AM MBE. After day 2 afternoon MBE i felt like shit again cuz I remember skimming through the last 6 MBE questions or so under a minute.

Then on day 3 I remember getting screwed on essay 4 because I spent about a good 15 minutes just reading through the facts just to make sure it wasn't CA Civ Pro essay. I basically wrote that remedies essay with 40 minutes left. I felt very good about the evidence essay but not so great on the contracts essay. PT was a little more forgiving on day 3 because the format was basically just mirroring the opposing counsel's memo AND IT WAS PERSUASIVE and I did not fuck that up.

Overall I feel like the only essays I definitely passed with 65 or above is evidence and torts. The rest could be anything. I only feel like I got a 60 or above on PT-B. For the MBE, I feel like the morning session and afternoon fuck up evens out and I'll probably end up with an average score.

Now I remember that after taking the July 2015 exam, I felt like I had "passed" immediately after the exam and felt even more confident after some time had passed. Now I know how I had bullshitted myself. This time around I really feel like I might not pass and even if I do pass, it would be barely passing.

FFFFFFUUUUUUU CA BAR!![/quote


Question: For PT-B, did you have three or four persuasive point headings? I remember the opposing counsel having four, but when I outlined my answer I came up with only three. For some reason, one of the headings(believe it had something to do with "central element") didn't fit into its own section, so I incorporated the analysis under another.

For the most part, as you said, I followed what the opposing counsel did, and argued against(obviously).

[BrokenMouse]

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[AspiringCALawyer]

Do you guys feel like you did fairly well right now, but remember feeling like shit after each day? I remember day 1 I felt like I had failed the bar and need not go to day 2 and 3. I remember I felt so fucked over on Trust essay and the PT. I wrote a persuasive memo when it was supposed to be objective. I remember in my bed at night realizing my mistake and just feeling my heart drop. Then the next morning I looked at my July 2015 PT and realized that writing in persuasive tone and missing the statement of facts section did not really fuck me over that much since I still got a 65. I didn't feel strong on the PR essay either because i remember flat out getting the rule wrong on limiting malpractice liability.

Then I felt better after Day 2 MBE morning. I felt like I killed the AM MBE. After day 2 afternoon MBE i felt like shit again cuz I remember skimming through the last 6 MBE questions or so under a minute.

Then on day 3 I remember getting screwed on essay 4 because I spent about a good 15 minutes just reading through the facts just to make sure it wasn't CA Civ Pro essay. I basically wrote that remedies essay with 40 minutes left. I felt very good about the evidence essay but not so great on the contracts essay. PT was a little more forgiving on day 3 because the format was basically just mirroring the opposing counsel's memo AND IT WAS PERSUASIVE and I did not fuck that up.

Overall I feel like the only essays I definitely passed with 65 or above is evidence and torts. The rest could be anything. I only feel like I got a 60 or above on PT-B. For the MBE, I feel like the morning session and afternoon fuck up evens out and I'll probably end up with an average score.

Now I remember that after taking the July 2015 exam, I felt like I had "passed" immediately after the exam and felt even more confident after some time had passed. Now I know how I had bullshitted myself. This time around I really feel like I might not pass and even if I do pass, it would be barely passing.

FFFFFFUUUUUUU CA BAR!!

I thought Day 1 was OK (was in Ontario so thought we were being punked during the fire alarm); however, had massive headache afterwards that lasted a few hours. Since I was taking the attorney bar, I didn't have to sit for MBE (wasn't one of my strongest areas when I took PA and NY bars years ago). On Day 3 I got a brain freeze on the first essay question. At least I wasn't the only one who was thrown off initially. Of course I had to write something so I just wrote some BS answer. I recall that technique from one of my BarBri lecturers who had faced the same problem when he took the bar exam years ago. I had to rush through the Evidence question (truly the horse race that was described). It was my first time with PTs (NY bar did not have that when I took it). I had to follow a strict schedule to get through them.

Although I passed both PA and NY bars on the first try, I am only hopeful that I passed CA bar. I understand BarBri sample answers are not written under test conditions. In addition, as others have mentioned there is no indication what score was given to the sample essay and PT answers posted by the bar. As such, I really didn't have a sense as to what constitutes the "minimum competency" standard. Plus, it was suggested that I take the full bar versus the attorney bar to have the best chance of passing.

Since I'm typically proactive, I've already looked at the list of July 2016 test centers/suggested hotels--just in case. Unless I get a job in CA before July, I will again be coming from Illinois; therefore, I will likely repeat what I did for the February exam and make a couple of hotel reservations now near a couple of the test centers so I'm not potentially shut out.

Aside from retaking the bar, I'm also not looking forward to doing my character and fitness application, given that I have to recreate my work life, etc. from age 18.

[AspiringCALawyer]

Question: For PT-B, did you have three or four persuasive point headings? I remember the opposing counsel having four, but when I outlined my answer I came up with only three. For some reason, one of the headings(believe it had something to do with "central element") didn't fit into its own section, so I incorporated the analysis under another.

For the most part, as you said, I followed what the opposing counsel did, and argued against(obviously).

When I first read PT-B, I almost fainted. I was used to practicing memos. Fortunately, I skimmed the file first (typically I'd read the library first) and saw the husband's pleading as a "sample". I thought long and hard about whether to also have 4 headings; however, I ended up with only 3.

[AspiringCALawyer]

Are any of you working right now or searching for employment?? I need to volunteer or something. I remember between August-November only having a few interviews and banking on passing the bar as a selling point for future jobs. Most of my friends who passed ended up finding a job soon thereafter, but very few before. I can't just sit around until May. That would officially be 1 year since graduation with no gainful employment, making the law school decision seem evermore foolish.

When presented with the opportunity to take a buyout package from my former employer in September (effective 1/1/16), I jumped at the chance and promptly signed up for the February bar. So, I'm UNEMPLOYED. Now that the bar is over, I'm faced with the prospect of job hunting long distance and too hope passing the bar will be a selling point. Like you, though, I can't just sit around until May. I'm just now getting my brain back from the exam. I'm finding it hard to network (necessary for getting job leads) from afar; therefore, I'm still working on the best way to job hunt/relocate, etc. My plans will be further complicated if I don't pass (I'm only hopeful).