California Bar Exam (July 2014) thread Forum

[adonai]

just discovered this thread, so please excuse my ignorance if any of my questions/sentiments have been answered in the past. glad to know others feel similarly situated, though. I'm doing barbri CA program, but ours started a week later than some other schools. we still haven't done the lectures for remedies or community property, and have a simulated PT on monday.

stayed in all day today and memorized crim/crim pro, but i still feel light years behind schedule. should we be rote memorizing at this point? It feels like 2 weeks out isn't enough time to start...

also, what are these CA lean sheets?

united in the trenches, we shall prevail. happy 4th.

Everyone I've talked to who passed on first and second tries said two weeks is more than enough. I don't know how that is, but according to a previous poster here it is because that's enough time to cram it in your short term memory, which makes sense since all you need to do is memorize that information for three days and no longer. Plus you'll have 24 hours a day for 14 days to do nothing but that. And you'll be nervous the whole time so that will drive you as well. At least that's what I tell myself.

I've been told to use this time to drill MBEs, do practice timed essays and PTs, so all I can do last two weeks is memorize since we have the test format down.

[JJDancer]

So a third-party beneficiary's rights vest when the third party relies, "assents," or sues for enforcement. What exactly does "assents" mean?

I remember i got a 3P beneficiary Q wrong on the simulated MBE- I thought the 3P's rights vested when they simply learned of the K but the video review broke it down for me-3P rights vest when she (i) learns and sue; (ii) learns and relies, and (iii) learns and assents to promise in a manner invited or requested by the parties. So i'm guessing this would be spotted in a fact pattern where the promisor or promisee know that the 3P beneficiary knows of the K and the 3P communicates acceptance in some way. Can't really think of a good example, most common fact patterns involve reliance

Gotcha, thank you. Sounds like we'll be able to recognize it if it occurs, especially since it doesn't seem to be very common.

I think assent is sort of a communicated acceptance - with or without reliance damages like daughter learns her father is getting her office space so she tells him Wow Thank you! and calls off her own construction guys. Or tells him "that's great! I will order my inventory right away" or something of the sort...?

[zeth006]

just discovered this thread, so please excuse my ignorance if any of my questions/sentiments have been answered in the past. glad to know others feel similarly situated, though. I'm doing barbri CA program, but ours started a week later than some other schools. we still haven't done the lectures for remedies or community property, and have a simulated PT on monday.

stayed in all day today and memorized crim/crim pro, but i still feel light years behind schedule. should we be rote memorizing at this point? It feels like 2 weeks out isn't enough time to start...

also, what are these CA lean sheets?

united in the trenches, we shall prevail. happy 4th.

Everyone I've talked to who passed on first and second tries said two weeks is more than enough. I don't know how that is, but according to a previous poster here it is because that's enough time to cram it in your short term memory, which makes sense since all you need to do is memorize that information for three days and no longer. Plus you'll have 24 hours a day for 14 days to do nothing but that. And you'll be nervous the whole time so that will drive you as well. At least that's what I tell myself.

I've been told to use this time to drill MBEs, do practice timed essays and PTs, so all I can do last two weeks is memorize since we have the test format down.

I think you might just be right there. I pounded the hell out of MBEs first month and am finding that I just vaguely remember a lot of the stuff I memorized. Not saying it was a waste of time, but something tells me we're going to get the most out of our study time during the last few weeks.

The first month was great for writing out outlines and flash cards. I may just cut down on my MBEs and focus on getting the essay format down cold and memorize whatever I miss on my practice essays.

[Charles Barkley]

Paging 2807 (or anyone else) for this essay related question. It has more to do with formatting than anything else.

For some essay subjects, like con law, you have some preliminary issues to cover before addressing the call of the question. For instance, if a con law essay specifically asks you to discuss the 1) free exercise and 2) establishment clauses, you would still discuss things like standing/state action.

Should these preliminary topics be addressed as numbered issues? Or should they be discussed before getting into the numbered issues?

For example, should the essay look like this?

TOPIC
Standing

R
A
C

State action

R
A
C

1) Whether the government's refusal to ... violates the establishment clause?
R
A
C

2) Whether the government's ... violates the free exercise clause?

Or should standing & state action be included as numbered, underlined, whether issue statements?

[JJDancer]

Paging 2807 (or anyone else) for this essay related question. It has more to do with formatting than anything else.

For some essay subjects, like con law, you have some preliminary issues to cover before addressing the call of the question. For instance, if a con law essay specifically asks you to discuss the 1) free exercise and 2) establishment clauses, you would still discuss things like standing/state action.

Should these preliminary topics be addressed as numbered issues? Or should they be discussed before getting into the numbered issues?

For example, should the essay look like this?

TOPIC
Standing

R
A
C

State action

R
A
C

1) Whether the government's refusal to ... violates the establishment clause?
R
A
C

2) Whether the government's ... violates the free exercise clause?

Or should standing & state action be included as numbered, underlined, whether issue statements?

I don't think it makes a huge difference. Part of it is a time consideration. For me, I would write: in order to bring a claim that the statute is unconstitutional, Plaintiff would first need to establish standing and state action requirements.

Rule for standing
A
C

R for state action
A
C

And then go into the issue is whether...

or if I had more time I might write out: In order to challenge the law under the establishment clause, the first issue is whether P has standing to bring the claim.
R
A
C

A second preliminary issue is whether P is challenging a "state action"
R
A
C.

At least according to Kaplan graders they love the "issue is whether there is..." shit even for preliminary things

Example in a K essay regarding breach and damages I discussed
Applicable Law
Merchant/Nonmerchant

and then they wanted me to say the first issue is whether there was a valid K between x and y for Z.
analyze
then go on through the rest until I finally got to breach and damages.

[a male human]

Paging 2807 (or anyone else) for this essay related question. It has more to do with formatting than anything else.

For some essay subjects, like con law, you have some preliminary issues to cover before addressing the call of the question. For instance, if a con law essay specifically asks you to discuss the 1) free exercise and 2) establishment clauses, you would still discuss things like standing/state action.

Should these preliminary topics be addressed as numbered issues? Or should they be discussed before getting into the numbered issues?

For example, should the essay look like this?

TOPIC
Standing

R
A
C

State action

R
A
C

1) Whether the government's refusal to ... violates the establishment clause?
R
A
C

2) Whether the government's ... violates the free exercise clause?

Or should standing & state action be included as numbered, underlined, whether issue statements?

If I'm understanding you correctly, the two methods you're comparing are the same except preliminary issues are not numbered and not in "whether" format. This seems like a pure formatting concern. You could just as well say "1) Whether P had standing," and it would be the same, no?

[Charles Barkley]

Yeah it's purely a formatting thing. I just wasn't sure if one way was favored or another. Nothing major.

[JJDancer]

I don't really understand what an easement in gross is...what are the rights with an easement in gross? (halp plz)

[2807]

You rang?

So, the good news is: The fact that you are this deep into considering your format = you are doing well !
The Force is strong in this one....

To answer your actual concern:

I did the preliminary info that was clearly not worthy of IRAC as bolded titles and simple definitions and conclusions.
like this:

TOPIC
Y requires Z. Z is... Therefore, Becasue the facts indicate that X is...., he is. "

The trick is to know when to IRAC and when not to.
Obvious things are obvious, so do not fight it.
The call of the Q should guide you.
When in doubt, IRAC it out...
Clean, simple, powerful, clear, IRAC.

By the way, your IRAC's should be short.
This is not beautiful flowing prose.
This is barely a step above a bullet-point outline.
THE TRUTH TAKES VERY FEW WORDS.


To show the grader that you are aware of fundamentals that are in play in the analysis (but not the goal of the actual question) you should lay them out there first. You got it.

I purposely did these slightly different to differentiate them from the IRAC's responses to the actual call of the Q, and for more IMPACT on the grader.

IMPACT on the grader is king.

I like that you are focused on format !
It can save you.

Put lipstick on that pig.

ONWARD !

[Charles Barkley]

Thank you for the response.

I have read and taken notes of all your essay advice in this thread and the february thread. I appreciate the help!

[2807]

I don't really understand what an easement in gross is...what are the rights with an easement in gross? (halp plz)

Easements have different classifications.

An easement in gross = The easement is attached to a person, as opposed to the land.

So:
BOB (only BOB, no one else) may cross my land to go the lake. Bob cannot allow others, nor grant his easement.

As opposed to, "everyone" can cross my land to go to the lake.

When Bob dies, or voids the easement somehow, the easement ends.

It feels like a license.

Read this:
http://nationalparalegal.edu/public_doc ... uished.asp

[2807]

Thank you for the response.

I have read and taken notes of all your essay advice in this thread and the february thread. I appreciate the help!

Go Barkley Go !
Back them in with that signature move.
No mercy.
Finally win that championship !

Glad the posts could help.
Craft your own version/method where needed.
Many ways to win.
This is just a clean, simple, format to default to.

Stay focused.
Fundamentals win.

Onward !

[Mr. Pink]

I don't really understand what an easement in gross is...what are the rights with an easement in gross? (halp plz)

Easements have different classifications.

An easement in gross = The easement is attached to a person, as opposed to the land.

So:
BOB (only BOB, no one else) may cross my land to go the lake. Bob cannot allow others, nor grant his easement.

As opposed to, "everyone" can cross my land to go to the lake.

When Bob dies, or voids the easement somehow, the easement ends.

It feels like a license.

Read this:
http://nationalparalegal.edu/public_doc ... uished.asp

Good explanation. I always remembered the example where I heard it first- Power companies having an easement to run lines across a land. They do not have a dominant estate.. no land benefiting from the easement.. just the easement.

Most of the time, at least for the bar, we will be dealing with Appurtenant though, I believe.

[2807]

I don't really understand what an easement in gross is...what are the rights with an easement in gross? (halp plz)

Easements have different classifications.

An easement in gross = The easement is attached to a person, as opposed to the land.

So:
BOB (only BOB, no one else) may cross my land to go the lake. Bob cannot allow others, nor grant his easement.

As opposed to, "everyone" can cross my land to go to the lake.

When Bob dies, or voids the easement somehow, the easement ends.

It feels like a license.

Read this:
http://nationalparalegal.edu/public_doc ... uished.asp

Good explanation. I always remembered the example where I heard it first- Power companies having an easement to run lines across a land. They do not have a dominant estate.. no land benefiting from the easement.. just the easement.

Most of the time, at least for the bar, we will be dealing with Appurtenant though, I believe.

Yes.
Your example is WAY better than mine.
Make sure any analysis addresses the lack of dominant estate/ benefit issue.
And the power company is an excellent example.
Good one.

[JJDancer]

I don't really understand what an easement in gross is...what are the rights with an easement in gross? (halp plz)

Easements have different classifications.

An easement in gross = The easement is attached to a person, as opposed to the land.

So:
BOB (only BOB, no one else) may cross my land to go the lake. Bob cannot allow others, nor grant his easement.

As opposed to, "everyone" can cross my land to go to the lake.

When Bob dies, or voids the easement somehow, the easement ends.

It feels like a license.

Read this:
http://nationalparalegal.edu/public_doc ... uished.asp

Ah that makes sense! What I read said it was independent of owning a tract of land and I couldn't figure out how that would be - but it's to a person Ha got it. Thanks.

[lmr]

I don't really understand what an easement in gross is...what are the rights with an easement in gross? (halp plz)

An easement in gross is created when the easement holder acquires the right to use a tract of land (without possessing the land) independent on his ownership or possession of another tract of land.

I think the most important thing about the easement in gross v easement appurtenant is transferability. Easements in gross are not transferable unless they are for economic or commercial use-so right to erect a billboard is transferable but right to swim in a pool isn't.

There was a semi-recent property essay that had this issue-see the February 2007 question/answers.

[hyc9598]

Do you think trust will appear? I got comment from grader that there is no duty like duty to invest. Is it inapporpriate for heading? But barbri handout says there is a duty to invest...

[TitoSantana]

Trusts may show up. The duty to invest point you brought up falls under the duty to keep the trust res productive, which includes investing, diversifying, etc. It falls under the trustee duties. Your guess is as good as mine in terms of heading statement.

[adonai]

Do you think trust will appear? I got comment from grader that there is no duty like duty to invest. Is it inapporpriate for heading? But barbri handout says there is a duty to invest...

The barbri graders get a different grading cut sheet. And since barbri likes to not be uniform in their statements of law, they might not have written that heading as "duty to invest." The graders probably don't know that is the same thing as whatever heading their cut sheet had. 95% of them don't give a crap as they aren't getting paid enough to study the law...they are just checking off whatever is on the cut sheet and then copying and pasting template suggestions at the end. Sometimes they are plain wrong. I once got docked for not discussing the primary rights doctrine for res judicata when that is a CA civ pro issue and we were taking a fed civ pro essay.

[lmr]

How many performance tests should we practice by the time we get to the exam? Outline?

[LSATNightmares]

So, this week, I finished learning all the new subjects. I'm wondering what's the best way to go about memorizing and learning stuff these last few weeks. For example, I stopped going through the Conviser Mini Review due to lack of time, and I'm wondering if it makes sense to be reading it these last few weeks since the lecture handouts don't contain everything. I've done virtually all the essays up to this point, and I'm wondering if it makes sense to do abbreviated essay practices by just doing issue spotting and practicing writing the rules out. It seems Barbri recommends spending half your day memorizing and half your day practicing, but even then I'm not sure what the best way to go about is. Thanks.

[2807]

So, this week, I finished learning all the new subjects. I'm wondering what's the best way to go about memorizing and learning stuff these last few weeks. For example, I stopped going through the Conviser Mini Review due to lack of time, and I'm wondering if it makes sense to be reading it these last few weeks since the lecture handouts don't contain everything. I've done virtually all the essays up to this point, and I'm wondering if it makes sense to do abbreviated essay practices by just doing issue spotting and practicing writing the rules out. It seems Barbri recommends spending half your day memorizing and half your day practicing, but even then I'm not sure what the best way to go about is. Thanks.

Good work.
I think your plan to issue spot and write the rules is a good idea.
Maybe note facts that would matter too.
The trick will be: Knowing what facts support what issue v. What facts ARE an issue.
This process should highlight weak spots and drive you back to the study material naturally.

Also, you can take MC practice Q's and use them as tiny essays.
Just IRAC your answer to practice:
1. Spotting/stating the precise legal issue (NOT the "topic" of your analysis)
2. State the rule that applies to THAT issue (your rule can likely use many of the same words as your issue statement)
3. Apply only the facts that matter (this is "apply,"... NOT "analyze" <-- not enough time and not law school now!)
4. State a conclusion consistent with all of this...

These can [should] be short.
You will know when more is needed.
Otherwise, write strong and clear and move on.
Format is key, make sure yours has a visual professional IMPACT on the grader.
(Bold, numbered, underline, and nice consistent spacing help)

Hope that helps.

[jarofsoup]

I am really getting sick of barbri lecturers not being remotely on point on what we actually need to know.

I am also really getting sick of all the graded essays being immediately after we learn the subject. What the hell is point of that?

[pkt63]

I am also really getting sick of all the graded essays being immediately after we learn the subject. What the hell is point of that?

Agreed. Not useful at all. I'm doing online so I have a Professional Responsibility essay due today for grading, but also a Civ Pro essay for self-grading. Would be way more useful for me to have the Civ Pro essay graded since that would actually help me improve vs. just tell me I don't yet know the law well enough in a subject I know I don't know the law well enough in yet.

Also super annoying? The subjects in the BarBri books are all in fucked-up order. One book has all the CA subjects first, then all the MBE subjects. Another book has them in alpha order all together except for Corporations, which is out of alpha order completely, I guess just because they want it to be next to Agency and Partnership? It's a small thing, but the exact type of thing that improving would get them an extra 5 points and could be the difference between passing and failing. Lead by example BarBri, and don't make it harder for the reader to understand you!

[pkt63]

Question about allocating time for the essays. BarBri taught us to be disciplined and allocate each essay equal time - one hour. Since each essay is worth the same amount, you cannot get extra points by spending extra time on one to make up for a lack of points on another. However, looking at their model answers, some are 2 pages long and some are 5 - so I'm starting to question their advice about allocating equal time. For past bar takers, what did you do?