2015 February California Bar Exam Forum

[fslexcduck]

Civ Pro is going to be the biggest crapshoot of all time. I have been getting 75-80% on Themis questions, and I just took the ncbex 10 question thing and got a 6 and felt lucky to get it because I guessed on a couple. The questions are so different. That is to say, don't feel left out in not knowing how to prepare for civ pro... bc no one really knows what they're going to test.

[BobbyBooBoo]

Civ Pro is going to be the biggest crapshoot of all time. I have been getting 75-80% on Themis questions, and I just took the ncbex 10 question thing and got a 6 and felt lucky to get it because I guessed on a couple. The questions are so different. That is to say, don't feel left out in not knowing how to prepare for civ pro... bc no one really knows what they're going to test.

Eh, there's only so many major topics on civil procedure.

I have such a strong gut feeling that CA civil procedure is coming on the essay.
Praying for CA civil pro. and not CA evidence.

Someone obviously felt like civil procedure was important enough to get it on the MBE this year. Hopefully that same person is pushing for a civil procedure essay.

[a male human]

My tutor charges $125 per hour and charges per hour for emails as well. It has quickly added up but has been worth it so far. Hopefully i shall see in May lol

What kind of questions do you ask your tutor as opposed to people on TLS for example?

Well for one we've been working together for a few months. My questions to him aren't solely about the rules but issue spotting, how to write more concise. No offense to anyone on this forum, but his explanations are just a little clearer. Only because, I think he's been tutoring for the bar for over ten years and just has seen a lot of these issues come up. I come here for quick questions, that i dont' want to ask him because it does cost. But this forum is very helpful, since we all have some of the same or similar questions.

Oh yeah that's cool. I'm just curious how tutors work because I've never used dealt with one. People who have used them swear by them, however!

[morescotchplease]

Just watched an hour long episode of James Franco's roast. time well spent.

[redblueyellow]

Which/how many trust types are you guys memorizing/learning? There's way too many trust types for them all to be relevant.

[dueprocess14]

Which/how many trust types are you guys memorizing/learning? There's way too many trust types for them all to be relevant.

I'm doing super basic knowledge of trusts. There was a CP/Trusts question on July 2014, and trusts is only tested once every 4-5 exams, so I'm gambling it won't be on this one. If it is, I'll take the hit and get a 50 or 55, but I just don't think it will be, and I don't want to dedicate much brainpower to it.

I have such a strong gut feeling that CA civil procedure is coming on the essay.
Praying for CA civil pro. and not CA evidence.

Someone obviously felt like civil procedure was important enough to get it on the MBE this year. Hopefully that same person is pushing for a civil procedure essay.

I have this gut feeling too, although the people who decide the MBE aren't the same as the CA essays, so it wouldn't be for that reason. But I do also have this gut feeling they'll throw us a curveball on civil procedure and include a bit on CA Civ Pro. Though if they did, I think it would be a CA filing, then removal, and so only the first call would be CA-specific, and the other 1-2 calls would be federal once it was removed. Just a hunch...

[CourtneyElizabeth]

Which/how many trust types are you guys memorizing/learning? There's way too many trust types for them all to be relevant.

I'm doing super basic knowledge of trusts. There was a CP/Trusts question on July 2014, and trusts is only tested once every 4-5 exams, so I'm gambling it won't be on this one. If it is, I'll take the hit and get a 50 or 55, but I just don't think it will be, and I don't want to dedicate much brainpower to it.

I have such a strong gut feeling that CA civil procedure is coming on the essay.
Praying for CA civil pro. and not CA evidence.

Someone obviously felt like civil procedure was important enough to get it on the MBE this year. Hopefully that same person is pushing for a civil procedure essay.

I have this gut feeling too, although the people who decide the MBE aren't the same as the CA essays, so it wouldn't be for that reason. But I do also have this gut feeling they'll throw us a curveball on civil procedure and include a bit on CA Civ Pro. Though if they did, I think it would be a CA filing, then removal, and so only the first call would be CA-specific, and the other 1-2 calls would be federal once it was removed. Just a hunch...

I hope your hunch is wrong.

I'm over here trying to get Comic Con badges this morning. Life goes on after the bar exam... haha

[mhub172]

Which/how many trust types are you guys memorizing/learning? There's way too many trust types for them all to be relevant.

I'm doing super basic knowledge of trusts. There was a CP/Trusts question on July 2014, and trusts is only tested once every 4-5 exams, so I'm gambling it won't be on this one. If it is, I'll take the hit and get a 50 or 55, but I just don't think it will be, and I don't want to dedicate much brainpower to it.

I have such a strong gut feeling that CA civil procedure is coming on the essay.
Praying for CA civil pro. and not CA evidence.

Someone obviously felt like civil procedure was important enough to get it on the MBE this year. Hopefully that same person is pushing for a civil procedure essay.

I have this gut feeling too, although the people who decide the MBE aren't the same as the CA essays, so it wouldn't be for that reason. But I do also have this gut feeling they'll throw us a curveball on civil procedure and include a bit on CA Civ Pro. Though if they did, I think it would be a CA filing, then removal, and so only the first call would be CA-specific, and the other 1-2 calls would be federal once it was removed. Just a hunch...

I hope your hunch is wrong.

I'm over here trying to get Comic Con badges this morning. Life goes on after the bar exam... haha

Second, please no civ pro on essays (unless jurisdiction), esp CA!!

[redblueyellow]

Which/how many trust types are you guys memorizing/learning? There's way too many trust types for them all to be relevant.

I'm doing super basic knowledge of trusts. There was a CP/Trusts question on July 2014, and trusts is only tested once every 4-5 exams, so I'm gambling it won't be on this one. If it is, I'll take the hit and get a 50 or 55, but I just don't think it will be, and I don't want to dedicate much brainpower to it.

I have such a strong gut feeling that CA civil procedure is coming on the essay.
Praying for CA civil pro. and not CA evidence.

Someone obviously felt like civil procedure was important enough to get it on the MBE this year. Hopefully that same person is pushing for a civil procedure essay.

I have this gut feeling too, although the people who decide the MBE aren't the same as the CA essays, so it wouldn't be for that reason. But I do also have this gut feeling they'll throw us a curveball on civil procedure and include a bit on CA Civ Pro. Though if they did, I think it would be a CA filing, then removal, and so only the first call would be CA-specific, and the other 1-2 calls would be federal once it was removed. Just a hunch...

Well-- that reasoning makes sense. That just means I spent one day too long on trusts.

And F Cal Civ Pro. I'm just going to spend about 6 hours doing Cal Civ Pro/Cal Evid and be done with it. I need some rules to get memorized and stick in my system.

I had torts down pretty well a few days ago. Tested myself this morning and I realized I forgot most of the final elements for intentional torts.

EDIT: Has anyone bothered to watch that entire Kaplan video on PTs? It's like 3+ hours long for the first parts and another 3 hours for the second part (the one where they review a sample). Why can't I watch it at 1.5x speed?!

[dueprocess14]

Well-- that reasoning makes sense. That just means I spent one day too long on trusts.

And F Cal Civ Pro. I'm just going to spend about 6 hours doing Cal Civ Pro/Cal Evid and be done with it. I need some rules to get memorized and stick in my system.

I had torts down pretty well a few days ago. Tested myself this morning and I realized I forgot most of the final elements for intentional torts.

EDIT: Has anyone bothered to watch that entire Kaplan video on PTs? It's like 3+ hours long for the first parts and another 3 hours for the second part (the one where they review a sample). Why can't I watch it at 1.5x speed?!

My strategy re: CA Civ Pro and Evidence is to know the 5-6 most relevant/applicable things that would likely come up in any essay on those materials, and then call it a day. Also, Themis instructors literally said if you don't know the CA rule, use the federal rule and say "under California law, [recite federal rule]." You will actually get more points for this than for not saying anything about CA law whatsoever. Go figure.

Re: PTs, I skimmed the Themis videos and they were mildly helpful but not worth watching closely. Instead I am just going through each prior PT and spending ~5-10 minutes reading through the model answers for different KINDS of work product, and then quickly determining how the model answer arrived at that format, tone, posture (persuasive vs. objective), and level of legal diction, etc. Basically my main fear with the PTs is that I get a work product format I'm really unfamiliar with and I produce a document that is just not appropriate for the request. To remedy this as much as possible, I'm making sure I know all the possible formats and what they ideally should look like.

[Elms]

Well-- that reasoning makes sense. That just means I spent one day too long on trusts.

And F Cal Civ Pro. I'm just going to spend about 6 hours doing Cal Civ Pro/Cal Evid and be done with it. I need some rules to get memorized and stick in my system.

I had torts down pretty well a few days ago. Tested myself this morning and I realized I forgot most of the final elements for intentional torts.

EDIT: Has anyone bothered to watch that entire Kaplan video on PTs? It's like 3+ hours long for the first parts and another 3 hours for the second part (the one where they review a sample). Why can't I watch it at 1.5x speed?!

My strategy re: CA Civ Pro and Evidence is to know the 5-6 most relevant/applicable things that would likely come up in any essay on those materials, and then call it a day. Also, Themis instructors literally said if you don't know the CA rule, use the federal rule and say "under California law, [recite federal rule]." You will actually get more points for this than for not saying anything about CA law whatsoever. Go figure.

Re: PTs, I skimmed the Themis videos and they were mildly helpful but not worth watching closely. Instead I am just going through each prior PT and spending ~5-10 minutes reading through the model answers for different KINDS of work product, and then quickly determining how the model answer arrived at that format, tone, posture (persuasive vs. objective), and level of legal diction, etc. Basically my main fear with the PTs is that I get a work product format I'm really unfamiliar with and I produce a document that is just not appropriate for the request. To remedy this as much as possible, I'm making sure I know all the possible formats and what they ideally should look like.

This is basically my PT strategy, too.

[CourtneyElizabeth]

Guys I want to go over Property today but I am reading Real Prop questions from past exams and blanking and freaking out. Where the hell do I even start?!!! I still have to do Remedies and PR…and pray I have enough time/energy tonight and tomorrow to go over contracts. Jeeebus, this sucks. Panic mode has finally set in.

[morescotchplease]

Guys I want to go over Property today but I am reading Real Prop questions from past exams and blanking and freaking out. Where the hell do I even start?!!! I still have to do Remedies and PR…and pray I have enough time/energy tonight and tomorrow to go over contracts. Jeeebus, this sucks. Panic mode has finally set in.

don't panic!

start with tenant/landlord issues. get the rules down for quiet use and enjoyment (constructive eviction) and warranty of habitability. after that, memorize the general landlord tenant duties- to pay rent & repair mainly.

Then, get the rules down for easements, and covenants + collateral estoppel which are basically the same test.

Then, learn about joint tenancy (time, title, interest, possession) and tenancy in common- the facts for these will usually start out as joint tenants and somewhere in fact they will sever the tenancy by one party selling his rights. And learn the co-tenant rights/obligations.

split it into those 3 categories and you should cover most of it. The fact patterns for real property generally stay within those categories and applying the facts, as long as you know the rules, are fairly simple. Not like evidence where you gotta intertwine the rules, then exceptions, etc. You got this!

edit: i meant equitable servitude NOT collateral estoppel- everything is just melding together!

[mhub172]

Guys I want to go over Property today but I am reading Real Prop questions from past exams and blanking and freaking out. Where the hell do I even start?!!! I still have to do Remedies and PR…and pray I have enough time/energy tonight and tomorrow to go over contracts. Jeeebus, this sucks. Panic mode has finally set in.

This is how I'm feeling on more than one subject. You are not alone! Just try to stay calm, and remain positive, otherwise you really won't remember anything. We can do this!

[CourtneyElizabeth]

Guys I want to go over Property today but I am reading Real Prop questions from past exams and blanking and freaking out. Where the hell do I even start?!!! I still have to do Remedies and PR…and pray I have enough time/energy tonight and tomorrow to go over contracts. Jeeebus, this sucks. Panic mode has finally set in.

don't panic!

start with tenant/landlord issues. get the rules down for quiet use and enjoyment (constructive eviction) and warranty of habitability. after that, memorize the general landlord tenant duties- to pay rent & repair mainly.

Then, get the rules down for easements, and covenants + collateral estoppel which are basically the same test.

Then, learn about joint tenancy (time, title, interest, possession) and tenancy in common- the facts for these will usually start out as joint tenants and somewhere in fact they will sever the tenancy by one party selling his rights. And learn the co-tenant rights/obligations.

split it into those 3 categories and you should cover most of it. The fact patterns for real property generally stay within those categories and applying the facts, as long as you know the rules, are fairly simple. Not like evidence where you gotta intertwine the rules, then exceptions, etc. You got this!

Thank you. Deep breaths. Deeeep breaths haha

[redblueyellow]

Guys I want to go over Property today but I am reading Real Prop questions from past exams and blanking and freaking out. Where the hell do I even start?!!! I still have to do Remedies and PR…and pray I have enough time/energy tonight and tomorrow to go over contracts. Jeeebus, this sucks. Panic mode has finally set in.

The blanking that you're getting is because you don't know the law well enough.

Trust me, because outside of some of the major issues, I can't do a cold recall. I need some sort of hint of what the thing is, and then I'll be able to chug along (hopefully).

However, what you can do, and what I'm trying to do myself (if I can remember everything), is to see if there are particular issues that cluster together. So if you have an Easement issue in Property, you might also want to consider mentioning Equitable Servitude as well, just in case. Or if you have a Dormant Commerce Clause issue, make sure you mention the 10th amendment by default. This way, if you didn't spot the issue directly, you might still pick up points by attaching clustered topics to the primary issue in the paper and then BS your way into finding facts that fit. Might be the difference to bump up your score 5 points; that's what I'm hoping for, at least.

[dueprocess14]

I would also be sure to focus on the areas covered in the video here: http://www.barsecrets.com/feb-2015-predictions-2

This guy has apparently often gotten 5 of 6 topics right in his predictions on the essays, and regardless, I think his reasoning of focusing on areas within subjects that haven't been tested recently is a sound one. I've rarely seen the same major area of the law tested twice back to back in essays for the subjects where they don't hit some of everything (like Con Law and Real Property).

[arizzle]

Are you allowed to bring your laptop in a case? Or will they make you leave the case outside the room?

[mhub172]

Wills question - I can't seem to figure out what the difference is between an Ademption by Satisfaction and an Advancement. Both are inter vivos property that are given during the T's lifetime, taken against the heir's share. Is the difference then what happens at T's death?

Is this correct - at T's death, for Ademption the heir receives nothing because his/her gift has been satisfied, while the heir in Advancement will still receive what's left of their share ?? Thanks!

[redblueyellow]

Wills question - I can't seem to figure out what the difference is between an Ademption by Satisfaction and an Advancement. Both are inter vivos property that are given during the T's lifetime, taken against the heir's share. Is the difference then what happens at T's death?

Is this correct - at T's death, for Ademption the heir receives nothing because his/her gift has been satisfied, while the heir in Advancement will still receive what's left of their share ?? Thanks!

I think the difference is what happens prior to T's death.

Satisfaction: if the B dies prior to the T, and he has already taken a gift, then B's issue do not take.
Advancement: If the B dies prior to the T, and he has already taken a gift, then B's issue can still take.

Furthermore, and don't quote me on this, Satisfaction is used for a "devisee" whereas Advancement is used for an "heir apparent" (or essentially, someone that's related to the T, whereas a devisee does not actually need to be related).

[redblueyellow]

Are you allowed to bring your laptop in a case? Or will they make you leave the case outside the room?

Outside if it's anything like last time

[redblueyellow]

My strategy re: CA Civ Pro and Evidence is to know the 5-6 most relevant/applicable things that would likely come up in any essay on those materials, and then call it a day. Also, Themis instructors literally said if you don't know the CA rule, use the federal rule and say "under California law, [recite federal rule]." You will actually get more points for this than for not saying anything about CA law whatsoever. Go figure.

Re: PTs, I skimmed the Themis videos and they were mildly helpful but not worth watching closely. Instead I am just going through each prior PT and spending ~5-10 minutes reading through the model answers for different KINDS of work product, and then quickly determining how the model answer arrived at that format, tone, posture (persuasive vs. objective), and level of legal diction, etc. Basically my main fear with the PTs is that I get a work product format I'm really unfamiliar with and I produce a document that is just not appropriate for the request. To remedy this as much as possible, I'm making sure I know all the possible formats and what they ideally should look like.

Hah, I can definitely just pretend to go with the Fed rules and hopefully that gets me partial credit. I was told previously that rule statements are an all or nothing proposition. You either state the rule correctly and get full credit, or mess up on even one element and get nothing (although you still would get from the analysis section). Hopefully it's not like that.

I think I've abandoned watching the videos. Just taking too long without a fast forward option. I was thinking it'd be wise to spend at least a decent amount of time on it since each PT is worth 2 essay questions, but I think I can squeak out at least a 65 on the PTs with minimal prep which should allow me to counter some anticipated 55-60 scores on the essays.

[AguasAguas!]

Hey guys and gals -

Hope everyone is remembering to breath in these last few days. Just a quick silly question for you all ... any idea if we can bring in mechanical pencils for the PT/Essay day, and if we can use mechanical pencils on the MBEs? I assumed not for the MBEs, until I saw here [http://ms-jd.org/blog/article/advice-passing-bar-exam] that she recommended using them. And, the CA instructions only say "pencils" for the MBE day ... though I know every other scantron test I've ever taken in my life specified #2 pencils. Thank you!

[wentmat]

Wills question - I can't seem to figure out what the difference is between an Ademption by Satisfaction and an Advancement. Both are inter vivos property that are given during the T's lifetime, taken against the heir's share. Is the difference then what happens at T's death?

Is this correct - at T's death, for Ademption the heir receives nothing because his/her gift has been satisfied, while the heir in Advancement will still receive what's left of their share ?? Thanks!

I had thought Advancement related to where the T dies intestate (so it is an Advancement against the beneficiary's intestate share) and Satisfaction relates to where the beneficiary gets what they were entitled to under the will.

I have also struggled with the difference though, but this is the best I can come up with so far.

[redblueyellow]

Hey guys and gals -

Hope everyone is remembering to breath in these last few days. Just a quick silly question for you all ... any idea if we can bring in mechanical pencils for the PT/Essay day, and if we can use mechanical pencils on the MBEs? I assumed not for the MBEs, until I saw here [http://ms-jd.org/blog/article/advice-passing-bar-exam] that she recommended using them. And, the CA instructions only say "pencils" for the MBE day ... though I know every other scantron test I've ever taken in my life specified #2 pencils. Thank you!

Yes, you can bring them. I did last time. Hopefully the machine didn't misread the pencil marks though and take off points...

This time around, I went to the local store and bought new pencils--then I found out that they weren't sharpened and we couldn't bring in a sharpener. So I said screw it and bought "#2 mechanical pencils." Hopefully, I'm good this time around!