California Bar Exam (July 2014) thread Forum

[FutureInLaw]

Anyone do the February 2007 Wills essay (it's the essay in the Wills Writing Approach video in Barbri).

Any ideas as to why Barbri didn't discuss the widow's election? Wouldn't the attempt of T to give away more than his 1/2 of CP trigger the widow's election, essentially allowing W to take either 50 shares (worth $50) against the will or $160,000 ($500,000 minus $250,000 to Cole minus $10,000 to Frank minus $80,000 to Sue's issue) under the will?

I'm confused.

He said "my shares" He wasn't trying to give away the entire cp share, only his own. he's allowed to do that. If he said 100 shares then the rule would apply. The omitted kid thing is confusing me since they had no kids at time of will execution I don't see how that exception applied.

Ah, makes total sense. Interesting, because the Bar Essays model answer includes the widow's election discussion without the argument you make. Probably smart to discuss both.

I, too, didn't get the pretermitted child Barbri argument given the rule we got in lecture.

Also--for abatement, would you just say that all who receive are proportionately reduced to give the kid his 1/2 of the estate? Would you include the shares in this?

Obviously, I'm still shoring up my wills knowledge.

[lmr]

Anyone do the February 2007 Wills essay (it's the essay in the Wills Writing Approach video in Barbri).

Any ideas as to why Barbri didn't discuss the widow's election? Wouldn't the attempt of T to give away more than his 1/2 of CP trigger the widow's election, essentially allowing W to take either 50 shares (worth $50) against the will or $160,000 ($500,000 minus $250,000 to Cole minus $10,000 to Frank minus $80,000 to Sue's issue) under the will?

I'm confused.

He said "my shares" He wasn't trying to give away the entire cp share, only his own. he's allowed to do that. If he said 100 shares then the rule would apply. The omitted kid thing is confusing me since they had no kids at time of will execution I don't see how that exception applied.

Ah, makes total sense. Interesting, because the Bar Essays model answer includes the widow's election discussion without the argument you make. Probably smart to discuss both.

I, too, didn't get the pretermitted child Barbri argument given the rule we got in lecture.

Also--for abatement, would you just say that all who receive are proportionately reduced to give the kid his 1/2 of the estate? Would you include the shares in this?

Obviously, I'm still shoring up my wills knowledge.

I just abated the residuary estate that the wife was going to get. when the will leaves no directions you abate in the following order: intestate property, residuary estate, then general gifts (non-relatives/relatives), specific gifts (non-relatives/relatives).

Residuary was first so I just took it from wife-i could be wrong but my final amount was consistent with the model answer.

[JJDancer]

Can those with Critical Pass Flashcards please chime in.

I'm looking to shore up my MBE scores these last couple of weeks, especially in light of Civil Procedure being added this February 2015.

I have the following questions:

1. Considering how late in the game we are, do you think the purchase is worth it? And why?

2. What improvements did you see in the sometimes more difficult or tricky subjects such as Property or Evidence (or whatever subjects that may be for you)?

I'm on the fence and am trying to be either talked down or over.

Thanks, and I got that "blue stuff" if you need it.

I have these and while they are a nice tool to study I use them more to learn the laws for essays. They are short, easy to ready (easier than outlines) and easier to check yourself against and fairly accurate

But I think for MBEs the MBE strategies and tactics book is much better - it has tips for each subject area as well as general MBE tips and it has old questions with explanations. While kaplan/bar bri explanations point out nuances these ones run through complete rule statements over and over to reinforce these and point out distractors, nuances etc so I think these will be more helpful (at least I use it more for MBE than the pass cards).

Okay ... But knowing what you know, and this late in the game, would you get 'em, or no?

By the way, thanks for your reply.

Haha -I thought my response was clearer. My opinion is don't get them for MBE. Get the Strategies and Tactics Emmanuels book instead. Basically I don't think the pass cards are particularly helpful for MBE.
Even doing barbri or kaplan Qs and reviewing the explanation would be more helpful than the cards imo.

HTH

[lmr]

how are you all studying for the next three weeks? Memorizing and writing essays all day? How many subjects per day? How many essays per day?

[Lasers]

how are you all studying for the next three weeks? Memorizing and writing essays all day? How many subjects per day? How many essays per day?

starting today: essays, essays, essays.

i'm not writing them out; just outlining/issue spotting. then hammering the model answers/rules.

i think i have like 40 essays i haven't done so i'll probably do at least 4 a day and then probably just throw in a handful of MBE questions.

[EZ as AsDf]

Can those with Critical Pass Flashcards please chime in.

I'm looking to shore up my MBE scores these last couple of weeks, especially in light of Civil Procedure being added this February 2015.

I have the following questions:

1. Considering how late in the game we are, do you think the purchase is worth it? And why?

2. What improvements did you see in the sometimes more difficult or tricky subjects such as Property or Evidence (or whatever subjects that may be for you)?

I'm on the fence and am trying to be either talked down or over.

Thanks, and I got that "blue stuff" if you need it.

I have these and while they are a nice tool to study I use them more to learn the laws for essays. They are short, easy to ready (easier than outlines) and easier to check yourself against and fairly accurate

But I think for MBEs the MBE strategies and tactics book is much better - it has tips for each subject area as well as general MBE tips and it has old questions with explanations. While kaplan/bar bri explanations point out nuances these ones run through complete rule statements over and over to reinforce these and point out distractors, nuances etc so I think these will be more helpful (at least I use it more for MBE than the pass cards).

Okay ... But knowing what you know, and this late in the game, would you get 'em, or no?

By the way, thanks for your reply.

Haha -I thought my response was clearer. My opinion is don't get them for MBE. Get the Strategies and Tactics Emmanuels book instead. Basically I don't think the pass cards are particularly helpful for MBE.
Even doing barbri or kaplan Qs and reviewing the explanation would be more helpful than the cards imo.

HTH

Critical pass cards are convenient. They have key information on them but I think you'll need to know more law than what is on the cards for the MBE.

By now you've probably done a lot of studying of black letter law. The cards should help you recall that information. I think the cards are best right now. You can have someone read parts of the card for you to work on your memorization.

[yips]

Can those with Critical Pass Flashcards please chime in.

I'm looking to shore up my MBE scores these last couple of weeks, especially in light of Civil Procedure being added this February 2015.

I have the following questions:

1. Considering how late in the game we are, do you think the purchase is worth it? And why?

2. What improvements did you see in the sometimes more difficult or tricky subjects such as Property or Evidence (or whatever subjects that may be for you)?

I'm on the fence and am trying to be either talked down or over.

Thanks, and I got that "blue stuff" if you need it.

I have these and while they are a nice tool to study I use them more to learn the laws for essays. They are short, easy to ready (easier than outlines) and easier to check yourself against and fairly accurate

But I think for MBEs the MBE strategies and tactics book is much better - it has tips for each subject area as well as general MBE tips and it has old questions with explanations. While kaplan/bar bri explanations point out nuances these ones run through complete rule statements over and over to reinforce these and point out distractors, nuances etc so I think these will be more helpful (at least I use it more for MBE than the pass cards).

Okay ... But knowing what you know, and this late in the game, would you get 'em, or no?

By the way, thanks for your reply.

I have the cards, and I think they're great. Easy to grab a small stack to study when I'm out (waiting on lines, waiting for the bus, whatever) and just memorize a couple of things real quick. I honestly don't know how people sit for hours with a book and just read through page by page and memorize. I need little snippets; if you're like that, these are great.

To your actual questions, it is late in the game, but you don't necessarily have to go through the entire set. You can just hone in on the areas that you're weak and flashcard that specific topic. Shipping is fast, so I think it's probably worth it.

And I noticed the biggest difference in evidence and crim. Why? Because those are subjects that basically require memorizing multiple "systems" (in evidence, FRE/CEC; and in crim, common law/MPC/majority rules) and it's nice to put them side by side on a flashie.

Final thought: there's an app if you have iphone, ipad, etc. Cheaper and you'll obviously get it sooner.

And anyone who's thinking about it: here's a referral code. http://criticalpass.refr.cc/RVZP9Z9.

[hyc9598]

Civ Pro Qs

1. Didn't Supreme Court discard muscle center test (PPB)?

2. FRCP 19 changed. It uses "required party." So for exam purpose, is using past necessary and indispensable party OK or do we have to use words like necessary and required party? I saw in evidence exam sample answer (ca evidence) words like present sense impression and excited utterance. In fact, the right words were contemporaneous statement and spontaneous statement.

[Mr. Pink]

So I did a practice PT today and the memo from senior partner asked me to prepare a Memorandum in support of Prelim Injunction... that is it. Stated that the parties had been served and had been showing up for court, but there were signs they were selling off assets to avoid the judgment. So my task was to prepare the memo for the injunction. All of the right stuff was included, but there was also stuff regarding federal jurisdiction and expert testimony... which from the injunction side, had nothing to do with the rest of the PT. It seemed pretty easy overall, or at least no harder than other ones I have done before.

My question is, when there are no instructions telling you to do this or that, and instead the instructions state specifically what your task is, yet there are other documents containing materials unrelated to your task, how would you use them if at all? (my bad for the run on sentence). I know there will often times be a few things that aren't needed, but this had an entire transcript from an expert in foreign law, his resume in case he needed to testify, and a civil procedure code regarding expert testimony.

I'm sure I missed something, but none of that was needed to perform the tasks asked in the memo....

I've done quite a few PTs, and I've never found that a document in the file was irrelevant. Most likely you needed to use that transcript under some legal argument you had to make, or it fit within one of the enumerated issues the partner gave you in the task memo (if any).

A recent PT I did told me in the task memo to write declarations based off transcripts of witnesses that I thought were relevant to our side of the case. I thought one particular witness was totally irrelevant and harmful to our case, so I left that witness out. Turns out it was relevant and I just had to make it fit in somehow. Every document is in there for a reason, whether all the information inside that particular document should be used is the question.

Did you look at the model answer? Every PT I've done so far has required use of everything in some shape or form, even if it is just one line from the document or case.

I think I know which one you are talking about, I think it was the Keefe PT, and the witness you are referring to was the housekeeper? I did that one and I left her stuff out as well because it wasn't helpful. Can't remember the grade but I did well on it. I checked the published answers for this particular one and they both had left the stuff out as well. One of the answers referenced how they had broken laws in their own jurisdiction as well, but it wasn't more than a couple of sentences. Had the memo not stated that they were already in the proceedings and opposing party had already been showing up to court, I could see using it to establish the courts jurisdiction... but so far it looks like it was just a big chunk of irrelevant stuff. When I get the grade and comments back I will update.. I have always been told that if it's there, it's for a purpose.... just didn't seem to be the case here.

Update- got a 75 on the PT and there were no comments about omitting the info in the File. I did miss a minor issue, but it wasn't in relation to the international law stuff. Asked a professor last night about it as well and she said the File will contain stuff that is irrelevant, but you want to be sure to include everything in the Library

[Carryon]

So I did a practice PT today and the memo from senior partner asked me to prepare a Memorandum in support of Prelim Injunction... that is it. Stated that the parties had been served and had been showing up for court, but there were signs they were selling off assets to avoid the judgment. So my task was to prepare the memo for the injunction. All of the right stuff was included, but there was also stuff regarding federal jurisdiction and expert testimony... which from the injunction side, had nothing to do with the rest of the PT. It seemed pretty easy overall, or at least no harder than other ones I have done before.

My question is, when there are no instructions telling you to do this or that, and instead the instructions state specifically what your task is, yet there are other documents containing materials unrelated to your task, how would you use them if at all? (my bad for the run on sentence). I know there will often times be a few things that aren't needed, but this had an entire transcript from an expert in foreign law, his resume in case he needed to testify, and a civil procedure code regarding expert testimony.

I'm sure I missed something, but none of that was needed to perform the tasks asked in the memo....

I've done quite a few PTs, and I've never found that a document in the file was irrelevant. Most likely you needed to use that transcript under some legal argument you had to make, or it fit within one of the enumerated issues the partner gave you in the task memo (if any).

A recent PT I did told me in the task memo to write declarations based off transcripts of witnesses that I thought were relevant to our side of the case. I thought one particular witness was totally irrelevant and harmful to our case, so I left that witness out. Turns out it was relevant and I just had to make it fit in somehow. Every document is in there for a reason, whether all the information inside that particular document should be used is the question.

Did you look at the model answer? Every PT I've done so far has required use of everything in some shape or form, even if it is just one line from the document or case.

I think I know which one you are talking about, I think it was the Keefe PT, and the witness you are referring to was the housekeeper? I did that one and I left her stuff out as well because it wasn't helpful. Can't remember the grade but I did well on it. I checked the published answers for this particular one and they both had left the stuff out as well. One of the answers referenced how they had broken laws in their own jurisdiction as well, but it wasn't more than a couple of sentences. Had the memo not stated that they were already in the proceedings and opposing party had already been showing up to court, I could see using it to establish the courts jurisdiction... but so far it looks like it was just a big chunk of irrelevant stuff. When I get the grade and comments back I will update.. I have always been told that if it's there, it's for a purpose.... just didn't seem to be the case here.

Update- got a 75 on the PT and there were no comments about omitting the info in the File. I did miss a minor issue, but it wasn't in relation to the international law stuff. Asked a professor last night about it as well and she said the File will contain stuff that is irrelevant, but you want to be sure to include everything in the Library

How many words did you type? How do they grade these Pts?

[Mr. Pink]

I don't know how many words, but it was right at 5 pages long.

They grade it on hitting the issues, incorporating important facts and dismissing the irrelevant stuff, using the cases provided to support your task, following the directions carefully, and analyzing/weaving the relevant facts with the provided cases/statutes.

[lmr]

How many subjects per day are you all memorizing/reviewing/essay writing? Are you starting w CA-essay subjects or MBE subjects? Or mixing by subtopics?

[iLoveFruits&Veggies]

How many subjects per day are you all memorizing/reviewing/essay writing? Are you starting w CA-essay subjects or MBE subjects? Or mixing by subtopics?

I'm doing a handful of MBEs in the morning and then one subject per day to prep for the essays, but thinking I may need to step it up to 2 subjects per day. It's all one big mess at this point. Curious to hear how everyone else is handling it at this stage. Definitely in panic mode. Wondering if I should start waking up at 6am instead of 7am too... UGH that sounds awful!

[Mr. Pink]

How many subjects per day are you all memorizing/reviewing/essay writing? Are you starting w CA-essay subjects or MBE subjects? Or mixing by subtopics?

I'm doing a handful of MBEs in the morning and then one subject per day to prep for the essays, but thinking I may need to step it up to 2 subjects per day. It's all one big mess at this point. Curious to hear how everyone else is handling it at this stage. Definitely in panic mode. Wondering if I should start waking up at 6am instead of 7am too... UGH that sounds awful!

I would think you would be fine with that schedule. I am doing a random essay each night along with MBEs throughout the day and looking over leansheets and my own one-sheeter pages. Probably try and start doing two essays a day starting Monday so that I am on a roll come the 29th. It's just tough to do because of work... I can do MBEs at work on my phone, but can't do essays/PTs.

Right now my weak areas are Con law and Civ Pro. I don't feel great about evidence, especially the CA distinctions, but I have been doing extremely well on the evidence MBEs.

[TitoSantana]

I'm gonna start studying tomorrow. Like that guy who spent 6 weeks in the bathroom in the movie Summer School. Go to 1:12 http://www.youtube.com/watch?v=8fvhchY0UmY

[a male human]

How many subjects per day are you all memorizing/reviewing/essay writing? Are you starting w CA-essay subjects or MBE subjects? Or mixing by subtopics?

If you can't decide, consider these sequences:

1. Order by your confidence level. If you're bad at one subject, you might try pushing those later in your schedule. Not only because it will help you retain it better for bar week, doing your favorite subjects might give you that motivation and confidence to tackle the less palatable ones.

2. I don't recommend listening to predictions, but if you do, order it such that the more likely subjects appear later. Again, this lowers the risk of not remembering something on bar week, theoretically (if the predictions are right, which they are not). So don't do this unless you're desperate enough to prioritize, even though you should know everything.

Either way, I would study PR last because it is a difficult and practically guaranteed subject to make its appearance. Make it a slam dunk on bar week.

Then get a piece of paper, make a calendar, and allocate a certain number of days per subject.

[LSATNightmares]

How many subjects per day are you all memorizing/reviewing/essay writing? Are you starting w CA-essay subjects or MBE subjects? Or mixing by subtopics?

If you can't decide, consider these sequences:

1. Order by your confidence level. If you're bad at one subject, you might try pushing those later in your schedule. Not only because it will help you retain it better for bar week, doing your favorite subjects might give you that motivation and confidence to tackle the less palatable ones.

2. I don't recommend listening to predictions, but if you do, order it such that the more likely subjects appear later. Again, this lowers the risk of not remembering something on bar week, theoretically (if the predictions are right, which they are not). So don't do this unless you're desperate enough to prioritize, even though you should know everything.

Either way, I would study PR last because it is a difficult and practically guaranteed subject to make its appearance. Make it a slam dunk on bar week.

Then get a piece of paper, make a calendar, and allocate a certain number of days per subject.

Good advice.

[LSATNightmares]

Btw, has anyone noticed how much worse the California bar seems to be? The leading complaints I see on Facebook are from California bar takers. This thread is much longer than the other bar threads. A number of other states just got their Simulated MBE results today. I'm like, what have you guys been doing these past few weeks?!

[Carryon]

This is wild request. I seem to miss hitting the space bar when I am typing on my laptop, since the keys are flushed with the lap top frame. Hence, sometimes, I hit the laptop frame adjacent the space bar key and thus do not hit the space bar. Thus, some of words arenotspaceapart. As you can see this takes valuable extra time away from typing the exam to correct the words. Any solutions?

[a male human]

Btw, has anyone noticed how much worse the California bar seems to be? The leading complaints I see on Facebook are from California bar takers. This thread is much longer than the other bar threads. A number of other states just got their Simulated MBE results today. I'm like, what have you guys been doing these past few weeks?!

Isn't this common knowledge? lol

This is wild request. I seem to miss hitting the space bar when I am typing on my laptop, since the keys are flushed with the lap top frame. Hence, sometimes, I hit the laptop frame adjacent the space bar key and thus do not hit the space bar. Thus, some of words arenotspaceapart. As you can see this takes valuable extra time away from typing the exam to correct the words. Any solutions?

Just keep practicing hitting it. I've deliberately switched back and forth the thumb I use to hit the spacebar with several days of practice. So I think you can also practice hitting the spacebar itself regardless of its location.

[jarofsoup]

66/100 on the mbe final exam for CA. Got that up from getting a 102 on the SMBE.

Drilling constantly is the key.

[a male human]

Don't forget to understand answer explanations A-D for all questions.

[Carryon]

Btw, has anyone noticed how much worse the California bar seems to be? The leading complaints I see on Facebook are from California bar takers. This thread is much longer than the other bar threads. A number of other states just got their Simulated MBE results today. I'm like, what have you guys been doing these past few weeks?!

Isn't this common knowledge? lol

This is wild request. I seem to miss hitting the space bar when I am typing on my laptop, since the keys are flushed with the lap top frame. Hence, sometimes, I hit the laptop frame adjacent the space bar key and thus do not hit the space bar. Thus, some of words arenotspaceapart. As you can see this takes valuable extra time away from typing the exam to correct the words. Any solutions?

Just keep practicing hitting it. I've deliberately switched back and forth the thumb I use to hit the spacebar with several days of practice. So I think you can also practice hitting the spacebar itself regardless of its location.

Ok thanks. So, maybe I should practice hitting J space bar J space bar k space bar k.... Did you interchange the thumbs (or does it matter which thumb)?

[a male human]

Sure, or just practice typing normally as if you would on the real thing. Play some typing games online.

Use whichever thumb feels comfortable. I interchanged thumbs just to see if I could do it, no special meaning. I use my left thumb now for no particular reason (mouse on right?).

[LSATNightmares]

66/100 on the mbe final exam for CA. Got that up from getting a 102 on the SMBE.

Drilling constantly is the key.

Awesome! Glad to hear.