California Bar Exam (July 2014) thread Forum

[CalBar2014]

Going through my trusts outline again and am struck at how it talks about the majority and minority rules across the country. Did BarBri not specify what the rules are in California? Are we supposed to apply all potential rules (such as the three rules for the duty to diversify)? Seems bizarre not to teach the CA-specific rules.

Barbri lecturer said they don't test on CA-specific trust rules, just CA-specific Wills rules.

Thanks!

[Anonnn]

Does anyone know/have a recommendation for what we should have been shooting for on the Barbri final MBE test? I improved from my simulated MBE but still not sure if I'm high enough but its so hard to tell whether Barbri is just significantly more difficult or I am just not quite there yet.

[lmr]

Freaking out w civ pro- i know the big central concepts really well but i all these little rules here and there idk if it's worth memorizing plus all the CA distinctions for the small rules...i'm freaking out bc this is supposed to be the year they test ca civ pro esp w the 2015 mbe addition...

[hyc9598]

No point deduction in pt when you only use facts in file and not in library? I guess it is ok to get 60 meaning just passing. I think essay passing safe score is 65 and pt 60. Of course if you want to get 70. You must analogonize and differentiate. But I heard not using facts in library is ok 3 times. Ok will mean passing or not severe damaging. Finishing is important. Not omitting issue is important. 3 times include feb thread, whittier student, some professor. At that time i was surprised but now I understand. After all you have to finish and give some answer. 60 is better than 50.

[LSATNightmares]

Freaking out w civ pro- i know the big central concepts really well but i all these little rules here and there idk if it's worth memorizing plus all the CA distinctions for the small rules...i'm freaking out bc this is supposed to be the year they test ca civ pro esp w the 2015 mbe addition...

I know what you mean... it's why Civ Pro makes me nervous too. Just remind yourself that chances are those tiny distinctions won't be tested. If you look at the prior exams, it tends to be big areas like collateral estoppel, subject matter jurisdiction, etc. that get tested. Also, this doesn't necessarily mean that they will test on Civ Pro this July (though it's quite possible). Maybe after Civ Pro is thrown on the MBE, they'll start including California Civ Pro next time on the essays but not now.

[LSATNightmares]

For those taking Barbri, how much of the CMR are you reading? I'm finding that it is taking a lot of time, and I wasn't sure if I should just be browsing it for topics not in the lectures or reading it for subjects that I am weak in. Also, when it says "actively review" notes, how often are you testing yourselves?

[CalBar2014]

For those taking Barbri, how much of the CMR are you reading? I'm finding that it is taking a lot of time, and I wasn't sure if I should just be browsing it for topics not in the lectures or reading it for subjects that I am weak in. Also, when it says "actively review" notes, how often are you testing yourselves?

Very little. I use it to explain topics that I don't have a full grasp of. Otherwise, it is overinclusive on what you will be tested on, in my opinion. When I took another exam 3 years ago, I never opened it and had no problems sticking exclusively to my outlines.

[FutureInLaw]

Property question --

Must reciprocal covenants/servitudes be negative? Or can they force residential owners to affirmatively do something?

[hyc9598]

Does anyone center heading when you handwrite? Also, when you handwrite do you write on both sides as directed?

[hyc9598]

If you write irrelevant things or even wrong law inapplicable in pr, would that be deduction cause or just do they disregard? I know it is whole impression thing. Holistic?

[iLoveFruits&Veggies]

For those taking Barbri, how much of the CMR are you reading? I'm finding that it is taking a lot of time, and I wasn't sure if I should just be browsing it for topics not in the lectures or reading it for subjects that I am weak in. Also, when it says "actively review" notes, how often are you testing yourselves?

Very little. I use it to explain topics that I don't have a full grasp of. Otherwise, it is overinclusive on what you will be tested on, in my opinion. When I took another exam 3 years ago, I never opened it and had no problems sticking exclusively to my outlines.

I'm doing Themis, not Barbri, but was reading the CMR today and it's taking me foreverrrrrrrr. Feels like I'm wasting my time and that's making me extra stressed. I think I'm going back to just reviewing my outlines... and just opening the CMR if I'm confused on something - as CalBar 2014 suggested.

[Anonnn]

If you write irrelevant things or even wrong law inapplicable in pr, would that be deduction cause or just do they disregard? I know it is whole impression thing. Holistic?

I asked Barbri this question a couple of days ago. The answer I got back was essentially "You don't lose points for misstating or incorrectly putting down the law." I think it's like in some law school exams where they don't deduct points for being wrong but it definitely detracts from your answer as a whole if you spend a lot of time talking about the wrong things.

[Law School]

To those who have taken the exam before: Do they provide scratch papers for PTs?

[a male human]

If you write irrelevant things or even wrong law inapplicable in pr, would that be deduction cause or just do they disregard? I know it is whole impression thing. Holistic?

The instructions say that you will be graded based on how well you can discuss RELEVANT issues. If you're going to do a shotgun approach, but you'd better try to emphasize the issues and deemphasize the non-issues.

To those who have taken the exam before: Do they provide scratch papers for PTs?

Yes.

[hyc9598]

adequate and independent ground

1) state constitutional fed constitutional --> fed can decide on fed ground
2) intertwined: state constitution is interpreted based on fed constitution --> same
3) state unconstitutional fed constitutional or state constitutional fed unconstitutional
4) both unconstitutional

In case of 3 and 4, does adequate and independent ground apply? Especially how about 4?

My opinion: if the law is unconstitutional on state ground like state commerce clause, that is it. Federal Supreme Court will not hear it unless the state court says it follows Supreme Court interpretation of federal constitution. However, if the state law is declared constitutional and the state court says it is constitutional both under state and US constitution, the US Supreme Court will hear it under certiorari. It would be rare that state court says it thinks it is constitutional in state con but unconstitutional in fed. Vice versa. Thus, in every case it will say both constitutional or both unconstitutional. If in case of both constitutional the fed can hear. If in case of both unconstitutional I am curious.

I know in case of both constitutional, USSC can hear. How about in case of both unconstitutional? And the state court does not say it follows USSC interpretation of US Constitution? Can USSC hear? Probably not unlike in case of both constitutional. Right?
What if federal supreme court feels that state court interpret its position erroneously? Thus, even if state court says it is basing its decision on state ground (and federal ground), can USSC hear? I think when the state court says it is basing only on state ground and does not mention fed at all, it is clear. But if it mentions also fed, it is unclear. It is clear when it says under both, it is constitutional. Fed can hear. But how about the situation where the court says it is unconstitutional under both? (NOT SAYING INTERTWINED, BUT USSC FEELS IT IS NOT). Maybe because it is not independent ground, USSC can hear.

[Charles Barkley]

If a person has a gun on their passenger seat and is lawfully stopped by a police officer, and the police officer sees the gun on the passenger seat as he walks up to the vehicle, has there been a search?

I say no because it's not an objectively reasonable expectation of privacy. However, the essays on baressays mostly conclude there was a search.

Thoughts?

At the end of the day, it doesn't really effect the outcome because it would fit into the plain view exception, but I still don't think that this constitutes a search to begin with.

[boozehound]

Friendly reminder: We have to take the SoftTest "Mock Examination" and upload the result to complete our laptop certification. We have until Friday, July 25 to do that.

[hyc9598]

Can anybody study bar in chapman library even if he or she does not have current law school id?

[iLoveFruits&Veggies]

Friendly reminder: We have to take the SoftTest "Mock Examination" and upload the result to complete our laptop certification. We have until Friday, July 25 to do that.

Thanks for the reminder. I uploaded examsoft, but forgot to take the Mock Exam

[Carryon]

Does anyone center heading when you handwrite? Also, when you handwrite do you write on both sides as directed?

I saw a grader's comment on an essay that said to put the heading on a separate line alone. no mention of centering it.

[Carryon]

Does anyone center heading when you handwrite? Also, when you handwrite do you write on both sides as directed?

I saw a grader's comment on an essay that said to put the heading on a separate line alone. no mention of centering it.

[charcop]

Friendly reminder: We have to take the SoftTest "Mock Examination" and upload the result to complete our laptop certification. We have until Friday, July 25 to do that.

Are we done w everything laptop wise once we upload the mock exam? I got an email confirmation once I uploaded, but read on the CA bar website that we have to sign a waiver to use our laptop. Does anybody know what that's about?

[LSATNightmares]

Friendly reminder: We have to take the SoftTest "Mock Examination" and upload the result to complete our laptop certification. We have until Friday, July 25 to do that.

Are we done w everything laptop wise once we upload the mock exam? I got an email confirmation once I uploaded, but read on the CA bar website that we have to sign a waiver to use our laptop. Does anybody know what that's about?

Curious to know as well. Maybe call CalBar?

[LSATNightmares]

Okay, I know I ask a lot of questions on here, but thanks to everyone who has taken the time to respond! You guys/gals are really awesome.

I can't help but ask one more question, for anyone good at Torts. I'm finding I'm getting a lot of Tort MBE questions wrong, despite knowing the law pretty solid. I'm having a real hard time applying it on the MBE. Like I'll get a question about negligence, asking if there was negligence based on different elements like duty, breach of duty, proximate cause, or a defense. There often appear to be more than one good answer, and I can't pick out the right answer. Sometimes, it's because I can't identify the "best" answer. I'm not sure about the other times. I feel like I'm missing something with these types of problems and studying the answers isn't really helping me. Thoughts? I know that's kind of general, but if there is a point I'm missing, I feel like my score could improve by a lot.

[Jim Halpert]

Okay, I know I ask a lot of questions on here, but thanks to everyone who has taken the time to respond! You guys/gals are really awesome.

I can't help but ask one more question, for anyone good at Torts. I'm finding I'm getting a lot of Tort MBE questions wrong, despite knowing the law pretty solid. I'm having a real hard time applying it on the MBE. Like I'll get a question about negligence, asking if there was negligence based on different elements like duty, breach of duty, proximate cause, or a defense. There often appear to be more than one good answer, and I can't pick out the right answer. Sometimes, it's because I can't identify the "best" answer. I'm not sure about the other times. I feel like I'm missing something with these types of problems and studying the answers isn't really helping me. Thoughts? I know that's kind of general, but if there is a point I'm missing, I feel like my score could improve by a lot.

There's really two types of MBE questions I'm seeing: the normal negligence questions and then the questions with either/both sides moving for a directed verdict.

This is from my Barbri notes with Prof. Palmer...hope it helps:

Regular negligence questions:

• Negligence
○ ∆ owes ordinary duty to exercise reasonable care under the circumstances
○ Physical disability, such as blindness
§ ∆ owes reasonable care for a person with that disability

• ∆, to cut off liability --> GO UP
○ The higher up, the stronger the answer choice will be
§ e.g., ∆ will prevail because he owed no duty to П OR ∆ will prevail because he was not the proximate cause
□ DUTY is higher up

• П, to impose liability --> GO DOWN
○ The lower you go, the stronger the answer choice will be
○ e.g., П will prevail because he was an invitee (duty) OR П will prevail because ∆ was proximate cause of П's harm

• When down to 2 answer choices in negligence
○ One discussing ∆ and one discussing П or third party issue
○ Choose the answer with the ∆

• Approach to negligence
○ Read the call of the question first
○ Identify parties and subject
§ If you don’t know subject, its probably property
○ If negligence, take baby steps
§ Duty
□ Did ∆ owe a duty? Probably yes, duty of RC
§ Breach
□ Did ∆ breach? Probably yes
§ П will prevail, so look to those answers


For directed verdicts:


• Directed verdicts
○ Probably one of the harder types of questions
○ Approach
§ Is there any triable issue of fact for the jury?
□ Yes? Then deny motions

○ Three types of outcomes
§ For П
□ П must establish
® Duty
® Breach
® No triable issue of fact for the jury
□ How to do so?
® Res ipsa loquitor
® Negligence per se (by statute)
□ 95% of the time, П's motion for directed verdict almost always denied
® Usually there is a triable issue of fact for jury

§ For ∆ motion to be granted
□ П must NOT have proven duty and breach
□ No triable issue of fact for the jury
□ Happens about 20% of the time that ∆ motion is granted

§ Deny both
□ Happens about 75-80% of the time


That's generally it...keep at it. If you're using Barbri's practice questions, just realize the practice sets get harder and harder, testing on the exceptions to the exceptions of the exceptions. For the most part, I've noticed that everything they test is limited to the CMR and that you generally don't have to crack open the Multistate book (again if you're using Barbri).

Back to studying. Good luck!