July 2015 California Bar Exam Forum

[brotherdarkness]

Speaking of civil procedures, what is this new citizenship requirement that we are supposed to know for corporations. So we don't use the nerve center (corporate headquarter test)?

We do use the nerve center test, if we're talking about personal jurisdiction. Venue is broader.

Correct, and Venue includes minimum contracts, where a substantial part of the acts in question occurred, or where one or more of the defendants reside (nerve center and/or incorporation).

I believe that, for purposes of venue, a defendant corporation is said to reside in any state where it would be subject to PJ. That's broader than the residency test for purposes of PJ.

Residency for PJ = HQ / nerve center

Residency for venue = Anywhere subject to PJ (which includes not just HQ / nerve center for general PJ, but also places where the corporation has sufficient minimum contacts for specific PJ)

That is exactly what I said...

Sorry, reading comp fail on my part.

[robinhoodOO]

Speaking of civil procedures, what is this new citizenship requirement that we are supposed to know for corporations. So we don't use the nerve center (corporate headquarter test)?

We do use the nerve center test, if we're talking about personal jurisdiction. Venue is broader.

Correct, and Venue includes minimum contracts, where a substantial part of the acts in question occurred, or where one or more of the defendants reside (nerve center and/or incorporation).

I believe that, for purposes of venue, a defendant corporation is said to reside in any state where it would be subject to PJ. That's broader than the residency test for purposes of PJ.

Residency for PJ = HQ / nerve center

Residency for venue = Anywhere subject to PJ (which includes not just HQ / nerve center for general PJ, but also places where the corporation has sufficient minimum contacts for specific PJ)

That is exactly what I said...

Sorry, reading comp fail on my part.

No worries! I wouldn't feel good about myself if I didn't give you a little bit of shit

BTW, where are you taking the exam

[brotherdarkness]

No worries! I wouldn't feel good about myself if I didn't give you a little bit of shit

BTW, where are you taking the exam

I'll be in Oakland. You?

[robinhoodOO]

No worries! I wouldn't feel good about myself if I didn't give you a little bit of shit

BTW, where are you taking the exam

I'll be in Oakland. You?

Sac, but I have some buddies taking it in Oak. FYI, they told me there is some construction down there right now near the test center, so be wary

[brotherdarkness]

No worries! I wouldn't feel good about myself if I didn't give you a little bit of shit

BTW, where are you taking the exam

I'll be in Oakland. You?

Sac, but I have some buddies taking it in Oak. FYI, they told me there is some construction down there right now near the test center, so be wary

Thanks for looking out. I drove down there about a week ago to scope everything out and it's bit of a circus given both the construction and all of the one way streets. I hear parking is $40/day, too. And someone just told me that I have to pay the shipping to send my Barbri books back.

[robinhoodOO]

No worries! I wouldn't feel good about myself if I didn't give you a little bit of shit

BTW, where are you taking the exam

I'll be in Oakland. You?

Sac, but I have some buddies taking it in Oak. FYI, they told me there is some construction down there right now near the test center, so be wary

Thanks for looking out. I drove down there about a week ago to scope everything out and it's bit of a circus given both the construction and all of the one way streets. I hear parking is $40/day, too. And someone just told me that I have to pay the shipping to send my Barbri books back.

That's balls, but at least you were smart enough to prospectively check it out. As long as you're not the guy that walks in late haha. I hope I see that guy in Sac...

[redblueyellow]

Fed Civ Pro - Impleader (questions underlined)

If a defendant brings in a third party, the court will have supplemental JX over the claim. The court also needs personal JX over the impleaded party. On what basis does the court determine whether it has personal JX? On an essay, are we supposed to go through the traditional, long arm/minimum contacts analysis to make sure that the impleaded party is validly in the case?

Yep, just have to go through the same PJ analysis.


Tiago has it. An easy way to remember this is that a Plaintiff canNOT use supplemental jurisdiction in a diversity action against a subsequently added party. It's an exception and P must be diverse with said party (i.e. third-party defendant).

Nice, thanks!

Can I escape the PJ analysis by citing the bulge rule?

[osheimb]

I made the biggest mistake of my life. I thought I would self study for the bar, so I bought old BarBri materials from last year (July 2014). I found out today that Civil Procedure was added to the MBE. Don't ask me how I possibly could have made this mistake; I know it's the dumbest thing I could have done. Is it worth still taking the exam? How would I even study for Civil Procedure at this point?

You could miss every civ pro question and still miss 4-6 questions on every other topic and still have a solid score, especially if you're in a jrx where the essays are heavily weighted.

[robinhoodOO]

Fed Civ Pro - Impleader (questions underlined)

If a defendant brings in a third party, the court will have supplemental JX over the claim. The court also needs personal JX over the impleaded party. On what basis does the court determine whether it has personal JX? On an essay, are we supposed to go through the traditional, long arm/minimum contacts analysis to make sure that the impleaded party is validly in the case?

Yep, just have to go through the same PJ analysis.


Tiago has it. An easy way to remember this is that a Plaintiff canNOT use supplemental jurisdiction in a diversity action against a subsequently added party. It's an exception and P must be diverse with said party (i.e. third-party defendant).

Nice, thanks!

Can I escape the PJ analysis by citing the bulge rule?

I suppose so, but it'd be as an "exception" only and you'd spot it if they tell you how far a party is from the Court.

That, and I'd still discuss the general stuff for PJ to soak up as many points as possible.

[RufioRufio]

So Remedies is a weak area for me, just started Barbri's essays. How in the world was I supposed to know all of this!? The format changes constantly, the essays are from the 80s (can't check on bar essays to see what the format is in other cases). Anyone have trouble with these, or am I just that bad at this subject?

[redblueyellow]

Fed Civ Pro - Impleader (questions underlined)

If a defendant brings in a third party, the court will have supplemental JX over the claim. The court also needs personal JX over the impleaded party. On what basis does the court determine whether it has personal JX? On an essay, are we supposed to go through the traditional, long arm/minimum contacts analysis to make sure that the impleaded party is validly in the case?

Yep, just have to go through the same PJ analysis.


Tiago has it. An easy way to remember this is that a Plaintiff canNOT use supplemental jurisdiction in a diversity action against a subsequently added party. It's an exception and P must be diverse with said party (i.e. third-party defendant).

Nice, thanks!

Can I escape the PJ analysis by citing the bulge rule?

I suppose so, but it'd be as an "exception" only and you'd spot it if they tell you how far a party is from the Court.

That, and I'd still discuss the general stuff for PJ to soak up as many points as possible.

Oh, that's right. It doesn't apply if there's no distance provided.

[Raiden]

For those who have taken the Bar before, what are some logistical things we should prepare for? I assume it's like the MPRE, time ten.

[robinhoodOO]

For those who have taken the Bar before, what are some logistical things we should prepare for? I assume it's like the MPRE, time ten.

This is my first-time, but I had a friend take and pass in February. He has some pretty straight forward, common sense, and practical advice:

*Get there early (i.e. 7:30-ish), have a plan for parking if you're commuting, etc.
*Pack your own food for lunch so that you're not fighting the crowds during lunch break
*Note that you have to leave your laptop during lunch break (go to your room if you're staying close)
*Have your stuff ready to take into the exam room the day before (ID, Admittance Ticket, pencils, watch, laptop + Charger, etc., but NO: Food, drink, etc.)
*If you need to go to the bathroom, check your time and go. Better than being uncomfortable waiting
*Fight the urge to listen and/or talk about anything on breaks or in the evening
*Get good rest and don't stay up late reviewing
*Have a plan B if your laptop bombs so you're ready to write. (Hope for the best, but plan for the worst)

[Raiden]

For those who have taken the Bar before, what are some logistical things we should prepare for? I assume it's like the MPRE, time ten.

This is my first-time, but I had a friend take and pass in February. He has some pretty straight forward, common sense, and practical advice:

*Get there early (i.e. 7:30-ish), have a plan for parking if you're commuting, etc.
*Pack your own food for lunch so that you're not fighting the crowds during lunch break
*Note that you have to leave your laptop during lunch break (go to your room if you're staying close)
*Have your stuff ready to take into the exam room the day before (ID, Admittance Ticket, pencils, watch, laptop + Charger, etc., but NO: Food, drink, etc.)
*If you need to go to the bathroom, check your time and go. Better than being uncomfortable waiting
*Fight the urge to listen and/or talk about anything on breaks or in the evening
*Get good rest and don't stay up late reviewing
*Have a plan B if your laptop bombs so you're ready to write. (Hope for the best, but plan for the worst)

Awesome thanks. I am thinking about packing my lunch, probably won't bring my wallet. I hesitate leaving my wallet in a backpack just placed against the wall.

[robinhoodOO]

For those who have taken the Bar before, what are some logistical things we should prepare for? I assume it's like the MPRE, time ten.

This is my first-time, but I had a friend take and pass in February. He has some pretty straight forward, common sense, and practical advice:

*Get there early (i.e. 7:30-ish), have a plan for parking if you're commuting, etc.
*Pack your own food for lunch so that you're not fighting the crowds during lunch break
*Note that you have to leave your laptop during lunch break (go to your room if you're staying close)
*Have your stuff ready to take into the exam room the day before (ID, Admittance Ticket, pencils, watch, laptop + Charger, etc., but NO: Food, drink, etc.)
*If you need to go to the bathroom, check your time and go. Better than being uncomfortable waiting
*Fight the urge to listen and/or talk about anything on breaks or in the evening
*Get good rest and don't stay up late reviewing
*Have a plan B if your laptop bombs so you're ready to write. (Hope for the best, but plan for the worst)

Awesome thanks. I am thinking about packing my lunch, probably won't bring my wallet. I hesitate leaving my wallet in a backpack just placed against the wall.

NP. And I wouldn't bring your wallet. Just cash and your ID (what I'm doing). The idea of not having to fight for lunch is also good haha

[redblueyellow]

I recommend *not* having a real lunch. Likely to get drowsy, etc, which might impact performance. Protein bars or something should be sufficient, IMO.

[fadedsunrise]

I recommend *not* having a real lunch. Likely to get drowsy, etc, which might impact performance. Protein bars or something should be sufficient, IMO.

My plan is a salad and a coffee stop if time permits.

[sopranorleone]

Jesus fuck, just let me take this test already

[old_soul]

What's everyone doing this weekend?

I'm reviewing outlines and outlining the Mixed Essays. It's just so crazy how I can get a 9 on a question in that subject, and then go get a 2 in the same subject just because it tests a nuance or a subtopic I'm shaky on.

[brotherdarkness]

Jesus fuck, just let me take this test already

Not gonna lie, these last few days have been my most productive.

[robinhoodOO]

I recommend *not* having a real lunch. Likely to get drowsy, etc, which might impact performance. Protein bars or something should be sufficient, IMO.

My plan is a salad and a coffee stop if time permits.

I'd probably drink coffee at lunch too, but:

[smokeylarue]

How much time do we realistically have to get lunch? Will we have time to drive to a nearby fast food place and come back?

[redblueyellow]

What's everyone doing this weekend?

I'm reviewing outlines and outlining the Mixed Essays. It's just so crazy how I can get a 9 on a question in that subject, and then go get a 2 in the same subject just because it tests a nuance or a subtopic I'm shaky on.

Massive memorization this weekend. Short term memory boost from yesterday until the last night before the final day.

The only problem is summoning the willpower to keep at it.

[robinhoodOO]

How much time do we realistically have to get lunch? Will we have time to drive to a nearby fast food place and come back?

Morning session ends at noon. You're supposed to be back and sitting by 1:30 PM. Afternoon session starts at 2 PM.

You probably have an hour of actual time once you consider getting out of the exam room, finding your car, etc.

[gaagoots]

.