July 2015 California Bar Exam Forum

[SpAcEmAn SpLiFF]

A little confused about covenants vs. equitable servitudes...can a promise be one or the other depending on what the plaintiff wants to sue for (damages vs. injunction), or do they determine which category the promise falls into when the agreement is made?

[Tiago Splitter]

A little confused about covenants vs. equitable servitudes...can a promise be one or the other depending on what the plaintiff wants to sue for (damages vs. injunction), or do they determine which category the promise falls into when the agreement is made?

depends on what P is suing for

[Pleasye]

A little confused about covenants vs. equitable servitudes...can a promise be one or the other depending on what the plaintiff wants to sue for (damages vs. injunction), or do they determine which category the promise falls into when the agreement is made?

The former. A promise can be both a real covenant and an equitable servitude (bc a RC has one addition requirement - privity). P elects when he sues (or, most likely, pleads in the alternative).

[BuenAbogado]

Anyone taking the exam in Century City Plaza? I wanna know how bad the traffic is in the morning coming from the Pico Robertson area. Thanks.

Leave an hour and a half early. You don't want to risk it. I am taking in culver city so I'm forced to get a hotel. I can't deal with the 405 everyday for 5 long days.

I looked on mapquest, jk who the hell uses mapquest, google maps, and it says it's 2.1 miles, a 40 minute walk. There is no way it would take an hour and a half by car, unless LA traffic really is THAT bad. But I would basically just get out of the uber and start walking if it was like that.

[BuenAbogado]

A little confused about covenants vs. equitable servitudes...can a promise be one or the other depending on what the plaintiff wants to sue for (damages vs. injunction), or do they determine which category the promise falls into when the agreement is made?

The former. A promise can be both a real covenant and an equitable servitude (bc a RC has one addition requirement - privity). P elects when he sues (or, most likely, pleads in the alternative).

To add to that, horizontal and vertical if burden, just vertical if benefit.

Is that right?

[Pleasye]

A little confused about covenants vs. equitable servitudes...can a promise be one or the other depending on what the plaintiff wants to sue for (damages vs. injunction), or do they determine which category the promise falls into when the agreement is made?

The former. A promise can be both a real covenant and an equitable servitude (bc a RC has one addition requirement - privity). P elects when he sues (or, most likely, pleads in the alternative).

To add to that, horizontal and vertical if burden, just vertical if benefit.

Is that right?

Yup!

[redblueyellow]

So have we confirmed whether Negligence Per Se requires a criminal statute, or I suppose a statute with criminal penalties? The people on reddit seemed torn between it being a statute w/criminal penalties, or if it could be any statute.

[soj]

.

[dotbun]

Does anyone know if our clear plastic bag has to be a certain size? It doesn't say in the instructions on the CA Bar website. Thanks in advance!

[redblueyellow]

I'm looking at an adaptibar question which lists a "spontaneous declaration" as an answer choice for an obviously FRE question. Why is it using this terminology? I thought a spontaneous declaration/statement was CA terminology and that FRE would use "excited utterance?"

[BuenAbogado]

Does anyone know if our clear plastic bag has to be a certain size? It doesn't say in the instructions on the CA Bar website. Thanks in advance!

I heard in Oakland it has to be a dimebag

[redblueyellow]

Does anyone know if our clear plastic bag has to be a certain size? It doesn't say in the instructions on the CA Bar website. Thanks in advance!

I used a standard sized ziploc(R) bag.

[BuenAbogado]

I'm looking at an adaptibar question which lists a "spontaneous declaration" as an answer choice for an obviously FRE question. Why is it using this terminology? I thought a spontaneous declaration/statement was CA terminology and that FRE would use "excited utterance?"

Was it the correct answer or was it to throw you off?

[dotbun]

Does anyone know if our clear plastic bag has to be a certain size? It doesn't say in the instructions on the CA Bar website. Thanks in advance!

I used a standard sized ziploc(R) bag.

Thanks, I'll probably do the same. For some reason I thought it had to be a specific size. Good luck everyone.

[SpAcEmAn SpLiFF]

Are mechanical pencils allowed on the MBE? Skimmed over their bulletin and didn't see anything about it.

[robinhoodOO]

Are mechanical pencils allowed on the MBE? Skimmed over their bulletin and didn't see anything about it.

There is nothing that expressly says mechanical pencils are not allowed (that I can see). That said, erasers and pencil sharpeners aren't allowed, so it wouldn't surprise me.

If you want to bring them, I'd highly suggest having backup regular pencils in case they tell you no

[atticus89]

Are mechanical pencils allowed on the MBE? Skimmed over their bulletin and didn't see anything about it.

No:

"During the MBE sessions, the items listed above are allowed in the examination room, except for pens, rulers, paper clips, highlighters, back supports, orthopedic cushions, pillows, bookstands or foot rests. In addition, you must bring your own pencils (several sharpened pencils are recommended; mechanical pencils are not permitted). "

[robinhoodOO]

Are mechanical pencils allowed on the MBE? Skimmed over their bulletin and didn't see anything about it.

No:

"During the MBE sessions, the items listed above are allowed in the examination room, except for pens, rulers, paper clips, highlighters, back supports, orthopedic cushions, pillows, bookstands or foot rests. In addition, you must bring your own pencils (several sharpened pencils are recommended; mechanical pencils are not permitted). "

That's interesting, because the PDF from the "Examination Administration Rules & Policies" doesn't say that, but the PDF from the "Admittance Ticket Bulletin" does.

I also noticed that where they set forth what may be tested includes the Model Code of PR (which is not used in any jurisdiction that I'm aware of). So, I get the sense that they're not very good about updating and avoiding conflicting information in their materials...

Thanks for pointing this out, though

[Charger]

Are mechanical pencils allowed on the MBE? Skimmed over their bulletin and didn't see anything about it.

There is nothing that expressly says mechanical pencils are not allowed (that I can see). That said, erasers and pencil sharpeners aren't allowed, so it wouldn't surprise me.

If you want to bring them, I'd highly suggest having backup regular pencils in case they tell you no

Now we can't even bring in erasers?!? This is so ridiculous.

[Hermione]

Quick question about intestate succession re pretermitted children +spouse. If someone executes a valid will leaving nothing to their two children and spouse, and leaving their estate to a TP, does that mean that TP will not get anything? Forgotten spouse gets 100% of CP and 1/3 of SP, and the two children get 2/3 of SP. That's 100% of SP and CP accounted for, so it seems like TP won't get anything. This seems oddly wrong when we keep learning about how much wills are based on intent.

[Calicakes]

Anyone taking the exam in Century City Plaza? I wanna know how bad the traffic is in the morning coming from the Pico Robertson area. Thanks.

Leave an hour and a half early. You don't want to risk it. I am taking in culver city so I'm forced to get a hotel. I can't deal with the 405 everyday for 5 long days.

I looked on mapquest, jk who the hell uses mapquest, google maps, and it says it's 2.1 miles, a 40 minute walk. There is no way it would take an hour and a half by car, unless LA traffic really is THAT bad. But I would basically just get out of the uber and start walking if it was like that.

Ok, well I guess if you're taking Uber you won't have to deal with parking too. It once took me 1.5 hrs to go 12 miles, from Santa Monica to Korea Town.

[redblueyellow]

Evidence question:

D is charged with mail fraud. At trial, D has not yet taken the stand, but calls Witness who testifies that D's reputation is one of honesty. On cross, prosecution asks W "Didn't you hear that two years ago the D was arrested for embezzlement?"

Is the question admissible?

Relevant answer choices:

C. Yes, to impeach W's credibility
D. Yes, because the earlier arrest for a crime of dishonesty makes the D's guilt of the mail fraud more likely.

I thought about C, but then again, isn't mail fraud and embezzlement both crimes of dishonesty? If that's the case, and the character trait in question is of honesty, shouldn't D be correct?

Correct answer is C, and D was marked incorrect b/c a prosecutor is not allowed to use a bad act to show a D has propensity to commit a similar bad act. Rule 404 limits use of CE to prove conduct in accordance w/a character trait.

Buuut, if character is at issue, wouldn't the same character trait be permissible, like here? OR is the "character at issue" solely reserved for negligent entrustment, defamation, and child custody?

[crumpetsandtea]

Quick question about intestate succession re pretermitted children +spouse. If someone executes a valid will leaving nothing to their two children and spouse, and leaving their estate to a TP, does that mean that TP will not get anything? Forgotten spouse gets 100% of CP and 1/3 of SP, and the two children get 2/3 of SP. That's 100% of SP and CP accounted for, so it seems like TP won't get anything. This seems oddly wrong when we keep learning about how much wills are based on intent.

Well, pretermitted children/spouses must show they were unintentionally left off from the will, though (via a will created prior to the marriage or prior to the birth of the child/the knowledge of the child). So it's not really automatic.

[robinhoodOO]

Are mechanical pencils allowed on the MBE? Skimmed over their bulletin and didn't see anything about it.

There is nothing that expressly says mechanical pencils are not allowed (that I can see). That said, erasers and pencil sharpeners aren't allowed, so it wouldn't surprise me.

If you want to bring them, I'd highly suggest having backup regular pencils in case they tell you no

Now we can't even bring in erasers?!? This is so ridiculous.

Well, the one already attached...haha. But, ya: Dead Serious. No other erasers or sharpeners

[robinhoodOO]

Quick question about intestate succession re pretermitted children +spouse. If someone executes a valid will leaving nothing to their two children and spouse, and leaving their estate to a TP, does that mean that TP will not get anything? Forgotten spouse gets 100% of CP and 1/3 of SP, and the two children get 2/3 of SP. That's 100% of SP and CP accounted for, so it seems like TP won't get anything. This seems oddly wrong when we keep learning about how much wills are based on intent.

Well, pretermitted children/spouses must show they were unintentionally left off from the will, though (via a will created prior to the marriage or prior to the birth of the child/the knowledge of the child). So it's not really automatic.

I don't think they have to show that at all because one of the threshold requirements under the CA Probate Code is that the Will predate the marriage or birth/conception. If the Will predates, there is a presumption they were unintentionally left out; thus, no initial burden to show it was unintentional. It's presumed by the dates in question...

Then, however, someone else can come in and show they were intentionally omitted (or one of two other exceptions to the rule).

Further, I might add: The rule can apply to children who are believed dead or the testator was unaware of the child's birth, then they are treated as being pretermitted. Then, the threshold is that the testator was unaware of the birth and the presumption follows.