California Bar Exam (July 2014) thread Forum

[ultravires]

Can anyone point me towards where to find the Simulated Final Exam questions online?

[hyc9598]

For ontario, is ayres or doubletree closer to doors? I think doors are different. Convention center. Is sheraton closer than doubletree? Price and services are same between them? Free parking, internet and breakfast?

[Mr. Pink]

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.

First, figure out what the tort is and use the standard in that tort to rule out two questions rather quickly, i.e.- if the question is about an intentional tort, then get rid of any answers speaking to the reasonableness. Like wise, if it is a negligence issue, take out the ones dealing with intent of a party. Works with Strict Liability as well, by taking out any that deal with the intent or reasonableness of the defendant.

That usually gets rid of two answers off the top. Then look for the answer that explains the law more clearly or more detailed. The more specific the answer, the more likely it is to be correct versus a broad answer.

[Law-So-Hard]

I'm feeling really overwhelmed. Going through and typing out the correct rules of law for each MBE question I've gotten wrong on the Bar Bri half day and full day exams today and my brain is just turning into mush. I hate how I feel like I "get" the question and it turns out I was really off the mark.

[Mr. Pink]

I'm feeling really overwhelmed. Going through and typing out the correct rules of law for each MBE question I've gotten wrong on the Bar Bri half day and full day exams today and my brain is just turning into mush. I hate how I feel like I "get" the question and it turns out I was really off the mark.

I know the feeling. As well as I was doing throughout the last half of the review, now it seems to be falling apart. Reviewing the notes, I keep thinking "yeah yeah, I get this. Seen it a hundred times".... then when I see it on an essay, my mind goes blank.

The last few days I haven't been able to find a rhythm to my studying... took a torts essay (my easiest subject) to get back into a groove, and it was a simple defamation case, to which I went blank and got frustrated.

I need to play some damn golf.

[LSATNightmares]

Thanks, Mr. Pink and Jim Halpert, for the torts advice. I'll try applying your advice and see if that helps.

[Carryon]

For ontario, is ayres or doubletree closer to doors? I think doors are different. Convention center. Is sheraton closer than doubletree? Price and services are same between them? Free parking, internet and breakfast?

I am not sure. If you look for hotels in Ontario on Expedia.com and find the map of a selected hotel, they will give you a rough estimate of the distance from the convention center. I know Quality Inn, where I am staying at, is .3 miles from the convention center. You had better hurry and choose one. Some of the hotels close to the convention center are booked.

[Mr. Pink]

For ontario, is ayres or doubletree closer to doors? I think doors are different. Convention center. Is sheraton closer than doubletree? Price and services are same between them? Free parking, internet and breakfast?

I am not sure. If you look for hotels in Ontario on Expedia.com and find the map of a selected hotel, they will give you a rough estimate of the distance from the convention center. I know Quality Inn, where I am staying at, is .3 miles from the convention center. You had better hurry and choose one. Some of the hotels close to the convention center are booked.

I'm at the Radisson right across the street. Just google Ontario Convention Center, Ontario, CA and click on the map... all the hotels will be there and you can see which route you prefer. But as mentioned, better hurry... I would be surprised if the hotels within walking distance aren't already booked.

[Mr. Pink]

Thanks, Mr. Pink and Jim Halpert, for the torts advice. I'll try applying your advice and see if that helps.

No problem. Just came across a question that although relatively simple, illustrates the approach:

Boss and Employee were in an argument; Boss had a pen in his hand; Employee hit the hand holding the pen intending to knock the pen out; pen flew across the room and struck Associate. Associate sues Employee for battery; who prevails?

Since we know it is battery, it helps makes it easier....choices were:

1) Associate, because Employee intended to hit the pen
2) Associate, unless a reasonable person in Employee's position would not expect the pen to strike another
3) Employee, but only if the Associate's presence was unforeseeable.
4) Employee, because he did not intend to touch the Associate

2 and 3 donot speak to an intentional tort so you can scratch them off easily since we are dealing with Battery, an intentional tort. Now the choice is between 1 and 4. We know battery, and we know the result doesn't matter as much as the intent to cause the act that resulted int he injury. So we are left with the correct answer, 1.

Simple question maybe, but it shows how that approach works. Maybe others see it differently, but it has helped me a lot, and helps me narrow a difficult question down to two possible answers without much thought.

Just wanted to show this example for any others who may be wondering. Hope it helps.... cheers

[Mr. Pink]

So there is an amusement park a couple blocks from the Ontario Convention Center (and my hotel)... thinking about some putt-putt golf the monday before the death date just to relax and get my mind off some stuff. May turn it into a study game with some friends ~ miss a putt and have to recite a rule statement or something.

My classmates say it's stupid because they will be memorizing every day before the exam.... my thinking is, if you don't know it by monday, you aint gonna know it.....

Thoughts? Any interest for the Ontario takers?

[a male human]

So there is an amusement park a couple blocks from the Ontario Convention Center (and my hotel)... thinking about some putt-putt golf the monday before the death date just to relax and get my mind off some stuff. May turn it into a study game with some friends ~ miss a putt and have to recite a rule statement or something.

My classmates say it's stupid because they will be memorizing every day before the exam.... my thinking is, if you don't know it by monday, you aint gonna know it.....

Thoughts? Any interest for the Ontario takers?

http://youtu.be/ess9bRJ0bPw

[Mr. Pink]

So there is an amusement park a couple blocks from the Ontario Convention Center (and my hotel)... thinking about some putt-putt golf the monday before the death date just to relax and get my mind off some stuff. May turn it into a study game with some friends ~ miss a putt and have to recite a rule statement or something.

My classmates say it's stupid because they will be memorizing every day before the exam.... my thinking is, if you don't know it by monday, you aint gonna know it.....

Thoughts? Any interest for the Ontario takers?

http://youtu.be/ess9bRJ0bPw

That's pretty creepy.

[duskfall]

I recommend hotwire.com. I got aLoft hotels for Feb 2014, and it was very reasonable ($50 a night). It was a very nice hotel. The drive to Ontario Convention Center was not too bad, no real traffic. However, if I were to do it again, I would get a hotel right next to Ontario Mills, where i found myself at after every night of the bar. It was a great way to decompress. The food court also had awesome deals: Chipotle, that Cajun Chicken place, etc. Good luck everyone!!!!!

[Carryon]

So there is an amusement park a couple blocks from the Ontario Convention Center (and my hotel)... thinking about some putt-putt golf the monday before the death date just to relax and get my mind off some stuff. May turn it into a study game with some friends ~ miss a putt and have to recite a rule statement or something.

My classmates say it's stupid because they will be memorizing every day before the exam.... my thinking is, if you don't know it by monday, you aint gonna know it.....

Thoughts? Any interest for the Ontario takers?

I would say for Monday to at least go to the convention and check out the facility to get an in idea of the test facility.

[Kiwi917]

I forgot to try this during the mock exam - does anyone who has used ExamSoft before know what it does if you unplug or plug in a mouse or keyboard while the test is running? Will that sort of thing mess it up? My wireless keyboard sometimes randomly disconnects and reconnects itself, which I imagine could be a problem if the software blocks out programs like whatever background process recognizes that something new is plugged into the USB port.

Related question - any particular keyboard or mouse recommendations? Thinking about getting new wired ones just so I don't have to deal with the buggy wireless on my current set. I'm working on a small-ish laptop, so the gains on typing speed with a full-size keyboard are probably worthwhile.

[LSATNightmares]

Thanks, Mr. Pink and Jim Halpert, for the torts advice. I'll try applying your advice and see if that helps.

No problem. Just came across a question that although relatively simple, illustrates the approach:

Boss and Employee were in an argument; Boss had a pen in his hand; Employee hit the hand holding the pen intending to knock the pen out; pen flew across the room and struck Associate. Associate sues Employee for battery; who prevails?

Since we know it is battery, it helps makes it easier....choices were:

1) Associate, because Employee intended to hit the pen
2) Associate, unless a reasonable person in Employee's position would not expect the pen to strike another
3) Employee, but only if the Associate's presence was unforeseeable.
4) Employee, because he did not intend to touch the Associate

2 and 3 donot speak to an intentional tort so you can scratch them off easily since we are dealing with Battery, an intentional tort. Now the choice is between 1 and 4. We know battery, and we know the result doesn't matter as much as the intent to cause the act that resulted int he injury. So we are left with the correct answer, 1.

Simple question maybe, but it shows how that approach works. Maybe others see it differently, but it has helped me a lot, and helps me narrow a difficult question down to two possible answers without much thought.

Just wanted to show this example for any others who may be wondering. Hope it helps.... cheers

Thanks. This problem I got right, applying your technique. I find intentional torts to be easier, but negligence trips me up for some reason.

[iLoveFruits&Veggies]

I forgot to try this during the mock exam - does anyone who has used ExamSoft before know what it does if you unplug or plug in a mouse or keyboard while the test is running? Will that sort of thing mess it up? My wireless keyboard sometimes randomly disconnects and reconnects itself, which I imagine could be a problem if the software blocks out programs like whatever background process recognizes that something new is plugged into the USB port.

Related question - any particular keyboard or mouse recommendations? Thinking about getting new wired ones just so I don't have to deal with the buggy wireless on my current set. I'm working on a small-ish laptop, so the gains on typing speed with a full-size keyboard are probably worthwhile.

I just ordered the "Macally Wired 3 Button Optical USB Mouse for Mac and PC," but it's not here yet so I don't know how good it is... it looks like Belkin has good reviews too. Also, don't forget your mouse pad needs to be a solid color. Had to buy a new one of those too! Was thinking about a wired keyboard, but decided to just use the keys on the laptop. I love my desktop Mac, and I'm not looking forward to using my new and unfamiliar PC laptop for the exam I'd use the PC I used in law school, but it feels like it's going to break any second... not taking any chances.

[Carryon]

I forgot to try this during the mock exam - does anyone who has used ExamSoft before know what it does if you unplug or plug in a mouse or keyboard while the test is running? Will that sort of thing mess it up? My wireless keyboard sometimes randomly disconnects and reconnects itself, which I imagine could be a problem if the software blocks out programs like whatever background process recognizes that something new is plugged into the USB port.

Related question - any particular keyboard or mouse recommendations? Thinking about getting new wired ones just so I don't have to deal with the buggy wireless on my current set. I'm working on a small-ish laptop, so the gains on typing speed with a full-size keyboard are probably worthwhile.

I just ordered the "Macally Wired 3 Button Optical USB Mouse for Mac and PC," but it's not here yet so I don't know how good it is... it looks like Belkin has good reviews too. Also, don't forget your mouse pad needs to be a solid color. Had to buy a new one of those too! Was thinking about a wired keyboard, but decided to just use the keys on the laptop. I love my desktop Mac, and I'm not looking forward to using my new and unfamiliar PC laptop for the exam I'd use the PC I used in law school, but it feels like it's going to break any second... not taking any chances.

The gains with the external keyboard are really worthwhile. I seemed to frequently miss the space bar using a laptop. I am using a wireless mouse. Do we need a mouse pad? I wasn't going to use one, but I am not sure of the surface at the ontario test site for the laptops. Anybody know if we need a mouse pad?

[Carryon]

I forgot to try this during the mock exam - does anyone who has used ExamSoft before know what it does if you unplug or plug in a mouse or keyboard while the test is running? Will that sort of thing mess it up? My wireless keyboard sometimes randomly disconnects and reconnects itself, which I imagine could be a problem if the software blocks out programs like whatever background process recognizes that something new is plugged into the USB port.

Related question - any particular keyboard or mouse recommendations? Thinking about getting new wired ones just so I don't have to deal with the buggy wireless on my current set. I'm working on a small-ish laptop, so the gains on typing speed with a full-size keyboard are probably worthwhile.

I just ordered the "Macally Wired 3 Button Optical USB Mouse for Mac and PC," but it's not here yet so I don't know how good it is... it looks like Belkin has good reviews too. Also, don't forget your mouse pad needs to be a solid color. Had to buy a new one of those too! Was thinking about a wired keyboard, but decided to just use the keys on the laptop. I love my desktop Mac, and I'm not looking forward to using my new and unfamiliar PC laptop for the exam I'd use the PC I used in law school, but it feels like it's going to break any second... not taking any chances.

The gains with the external keyboard are really worthwhile. I seemed to frequently miss the space bar using a laptop. I am using a wireless mouse. Do we need a mouse pad? I wasn't going to use one, but I am not sure of the surface at the ontario test site for the laptops. Anybody know if we need a mouse pad?

I have a question. My understanding is that notice is generally in writing to terminate a periodic lease by the tenant. I notice that a model answer to Q1 of the July 2007 essay exam states that a writing is not necessary if a periodic lease does not need a writing to satisfy the statute of fraud. Is this true?

[charcop]

If we were to get an essay on CA civ pro or CA evidence, and I wrote about the federal rules, does anybody know if I would be able to get a passing score at all?

[rpupkin]

If we were to get an essay on CA civ pro or CA evidence, and I wrote about the federal rules, does anybody know if I would be able to get a passing score at all?

No, you would not pass the essay. But if you identified relevant federal rules and applied them to the facts, you'd mitigate the damage (e.g., you could get a 55 instead of a 45).

[iLoveFruits&Veggies]

If we were to get an essay on CA civ pro or CA evidence, and I wrote about the federal rules, does anybody know if I would be able to get a passing score at all?

No, you would not pass the essay. But if you identified relevant federal rules and applied them to the facts, you'd mitigate the damage (e.g., you could get a 55 instead of a 45).

It's better to get the rules wrong (i.e. fed instead of ca) and apply the facts correctly (to the slightly wrong rule) than know all of those darn CA distinctions and not apply the facts properly. At first I didn't believe it, but I've heard it and read it SO many times now that I'm CONVINCED knowing the exact rules are just a tiny bit of what they're testing us on. They know we know the law decently or we wouldn't have graduated from law school, and if we're ever fuzzy on something when we're lawyers, we can always look it up. They're testing us on how we APPLY the law and if we see all of the ISSUES, as if someone walked into our office and told us a big complicated legal problem they have. If your application is good, and you can spot lots of issues, I think you'll do fine! (my problem is spotting the issues!!)

[2807]

I forgot to try this during the mock exam - does anyone who has used ExamSoft before know what it does if you unplug or plug in a mouse or keyboard while the test is running? Will that sort of thing mess it up? My wireless keyboard sometimes randomly disconnects and reconnects itself, which I imagine could be a problem if the software blocks out programs like whatever background process recognizes that something new is plugged into the USB port.

Related question - any particular keyboard or mouse recommendations? Thinking about getting new wired ones just so I don't have to deal with the buggy wireless on my current set. I'm working on a small-ish laptop, so the gains on typing speed with a full-size keyboard are probably worthwhile.

I just ordered the "Macally Wired 3 Button Optical USB Mouse for Mac and PC," but it's not here yet so I don't know how good it is... it looks like Belkin has good reviews too. Also, don't forget your mouse pad needs to be a solid color. Had to buy a new one of those too! Was thinking about a wired keyboard, but decided to just use the keys on the laptop. I love my desktop Mac, and I'm not looking forward to using my new and unfamiliar PC laptop for the exam I'd use the PC I used in law school, but it feels like it's going to break any second... not taking any chances.

The gains with the external keyboard are really worthwhile. I seemed to frequently miss the space bar using a laptop. I am using a wireless mouse. Do we need a mouse pad? I wasn't going to use one, but I am not sure of the surface at the ontario test site for the laptops. Anybody know if we need a mouse pad?

I have a question. My understanding is that notice is generally in writing to terminate a periodic lease by the tenant. I notice that a model answer to Q1 of the July 2007 essay exam states that a writing is not necessary if a periodic lease does not need a writing to satisfy the statute of fraud. Is this true?

I never trust the released answers. There is NO reason to believe everything in them is correct.
They are riddled with incorrect law.
That is the point.
You do not have to be perfect to pass.

Beware of the weaknesses in the released answers.

Just identify the issues, know the applicable law, and apply the limited/given facts, then state a conclusion consistent with that analysis.

Then do it again.

One issue at a time. DO NOT BLEND ISSUES and call it "Analysis" <---- deadly sin.

Short, concise, IRAC. Period.

If you are writing "on the other hand.... however... although X may counter and state..." UGH.... you are in deep !
DO NOT DO THIS.

Likely you are blending issues.
Just start another IRAC.

You can still deliver your brilliance, just tone it down and be CONCISE.

The truth takes very few words <---- LEARN THIS NOW

[Lasers]

question about promoter liability. the rule is a promoter is personally liable for any acts on behalf of a corporation before incorporation. i know novation of contract would be an exception. however, does the corporation's adoption (express or implied) of the contract or its benefits relieve a promoter of personally liability?

i ask because i read an answer that stated a promoter can still be personally liable absent a subsequent novation, even if the corporation later adopted the contract.

[Law-So-Hard]

question about promoter liability. the rule is a promoter is personally liable for any acts on behalf of a corporation before incorporation. i know novation of contract would be an exception. however, does the corporation's adoption (express or implied) of the contract or its benefits relieve a promoter of personally liability?

i ask because i read an answer that stated a promoter can still be personally liable absent a subsequent novation, even if the corporation later adopted the contract.

Novation, where all parties agree to relieve the promoter of liability for pre-incorporation contracts, is the only avenue to relieve promoter's liability on the contract. Adoption makes the corporation also liable.