2018 July California Bar Forum

[a male human]

I'm really starting to feel like I won't pass this exam. I've done 340 MBE questions on Adaptibar and I'm at 58%. I go over the explanations but it's clearly not helping me improve my score. I'm also getting very overwhelmed by all the rules I need to learn/memorize. I don't know what to focus on or how to juggle all of this.

One way to check you're doing it right is to redo questions.

One way to organize and balance your review and practice is to do one day of review and one day of practice+feedback per subject. What are you using to review the rules?

[justanotheruser]

I'm really starting to feel like I won't pass this exam. I've done 340 MBE questions on Adaptibar and I'm at 58%. I go over the explanations but it's clearly not helping me improve my score. I'm also getting very overwhelmed by all the rules I need to learn/memorize. I don't know what to focus on or how to juggle all of this.

In addition to Adaptibar, I'd heartily recommend Emanuel S&T. Both were critical in my MBE success (got 150+ on the Feb. '18 bar).

[barprepforca]

Is anyone else's Barbri PSP acting all wonky? Mine is giving me "prep" documents for classes i've already completed, and is all over the place. I think the problem may be that i'm doing lectures at the time im supposed to for my class, but the PSP laid out for me had different dates for me to do my lectures. Another thing is I did my simulated half-day writing exam today and it has me currently assigned to not look at the review videos for all those essays for another seven days. That doesn't seem right at all.

[MBernard]

I'm pretty worried about this exam. I passed the Texas bar exam last July, but I switched from Themis to Barbri at my firm's recommendation. I don't really like Barbri all that much, but it's obviously too late now.

A couple of questions: First, the essay section is where I am the strongest. However, the Cal Bar essay section looks horrific-- 5 essays over a possibility of 14+ topics?! insanity. Any suggestions on mastery of these essays? Also, I know there is an awful lot of talk about "Essay Predictions"... it would be GREAT to have some HERO compile/post what last July/Feb essay topics have been and what some strong possibilities for this July will be. I'd do it myself but I'm trying to study!

Second, My MBE ability is at 48% at this point. It was pretty consistently that last year for the TexBar. I never really improved it despite practicing. I've purchased Adaptibar for this go round, and while it's a lot of fun to use, I don't really feel like I'm getting better at the material. Any suggestions on using it to improve? Did anyone notice a marked improvement over time? I read all the Q's, Answers, Wrong Answers before moving on.

Also, is the July easier to pass than Feb? All this horrific talk about low pass rates scares me. I did well at a T-14 school, I've already passed the TexBar, so I'm not really worried about my own personal ability. I'm worried about curves, questions, graders, etc. Any hope for more leniency given all this negative publicity in Feb?

Hey Bob, I'm also a Texas lawyer. Passed the TBX the first time doing self-study in February. If you're still doing essay lectures I'd highly recommend either using the mini conviser for the remainder or else buying the lectures notes filled in on eBay. I dabbled with Barbri when I first did the TBX but I quickly ditched it because it moved to slow and I felt it wouldn't prepare me adequately for the essays if I followed it to the letter. I've gone through the individual essay subjects multiple times now and have gone through at least 30 Ca essays.

Just like Texas, the key here I think is exposure, discipline and repetition. I go through at least 5 state specific subjects and two MBE subjects per day. I use Critical Pass and Adaptibar for the MBE subjects. I usually do somewhere between 30-50 MBEs a day.

I agree with amalehuman. It's definitely important to review the explanations to the MBE problems you got wrong. When I used adaptibar for Texas I started out low but by the time I finished I was at 75%. My final MBE score was in the 150s. It's doable, just be sure to practice and review the answers, I keep a notepad with all the wrong answers and I write out the explanations for the solutions. Also, the predication game is way too sketchy and is not worth investing time in. It certainly sucks, but it's better to be prepared for anything.

I wouldn't worry about the essay length. The TBX similarly also required gobs of state specific information and was a 12 essay test. I think you'll be fine just takes getting used to and there is still plenty of time (if you're able to pull 10-12 hour days I'd recommend it, better to only have to do this thing once). Hope you pass, best of luck to you!

[xonimi]

I'm really starting to feel like I won't pass this exam. I've done 340 MBE questions on Adaptibar and I'm at 58%. I go over the explanations but it's clearly not helping me improve my score. I'm also getting very overwhelmed by all the rules I need to learn/memorize. I don't know what to focus on or how to juggle all of this.

One way to check you're doing it right is to redo questions.

One way to organize and balance your review and practice is to do one day of review and one day of practice+feedback per subject. What are you using to review the rules?

I don't think I can redo questions on Adaptibar? I'm doing Barbri so I have all their outline books including the conviser. I also have Critical Pass flashcards. I've been doing well in essays...although I haven't done that many yet. So I think my main problem is the MBE portion.

[psg190]

Just like Texas, the key here I think is exposure, discipline and repetition. I go through at least 5 state specific subjects and two MBE subjects per day. I use Critical Pass and Adaptibar for the MBE subjects. I usually do somewhere between 30-50 MBEs a day.

What do you mean you go through 5 state and 2 MBE subjects per day? What does your "going through" entail?

[Angel66]

Just like Texas, the key here I think is exposure, discipline and repetition. I go through at least 5 state specific subjects and two MBE subjects per day. I use Critical Pass and Adaptibar for the MBE subjects. I usually do somewhere between 30-50 MBEs a day.

What do you mean you go through 5 state and 2 MBE subjects per day? What does your "going through" entail?

That’s exactly my question too! I can barely go through one subject a day, let alone 5 subjects.

Will appreciate the author’s comments very much...

[MBernard]

Just like Texas, the key here I think is exposure, discipline and repetition. I go through at least 5 state specific subjects and two MBE subjects per day. I use Critical Pass and Adaptibar for the MBE subjects. I usually do somewhere between 30-50 MBEs a day.

What do you mean you go through 5 state and 2 MBE subjects per day? What does your "going through" entail?

I’ll read the lecture notes for the subject and then I’ll issue spot an essay on the subject to test whether or not I’m on track. For an MBE subject I’ll also use the critical pass flash cards as well as any lecture notes.
So like if it was an MBE/Essay subject like Con Law I’d read my notes, quiz myself with critical pass flash cards and then do a random essay. Usually I’ll write out at least two essays and then three I just issue spot.

Sorry about the ambiguity. This is what I found works for me, your mileage may vary.

[boblawlawblog]

So, can anyone tell us what Dr. Sacuzzo's predictions are for this year?

[psg190]

Just like Texas, the key here I think is exposure, discipline and repetition. I go through at least 5 state specific subjects and two MBE subjects per day. I use Critical Pass and Adaptibar for the MBE subjects. I usually do somewhere between 30-50 MBEs a day.

What do you mean you go through 5 state and 2 MBE subjects per day? What does your "going through" entail?

I’ll read the lecture notes for the subject and then I’ll issue spot an essay on the subject to test whether or not I’m on track. For an MBE subject I’ll also use the critical pass flash cards as well as any lecture notes.
So like if it was an MBE/Essay subject like Con Law I’d read my notes, quiz myself with critical pass flash cards and then do a random essay. Usually I’ll write out at least two essays and then three I just issue spot.

Sorry about the ambiguity. This is what I found works for me, your mileage may vary.

Appreciate the feedback. So you do this for 5 to 7 subjects every day? Do you also layer in MBE/Adaptabar on top?

It would probably take me two hours just to review the entirety of a given subject in one sitting.

[MBernard]

Appreciate the feedback. So you do this for 5 to 7 subjects every day? Do you also layer in MBE/Adaptabar on top?

It would probably take me two hours just to review the entirety of a given subject in one sitting.

Yes, honestly the reading gets a lot faster via repetition and it starts to go faster. I do incorporate MBE questions everyday, sometimes it’s only 30 if I’m wiped out.

Full disclosure: I’m not working right now nor do I have family obligations so I have a lot of free time to do this. I’m fresh off the TBX so the MBE material is very familiar. Also, the CBX subjects of Wills, Trusts and Business Associations (Agency + Corp) are very similar to Texas so the subject matter isn’t that foreign for me to be honest.

[Angel66]

Appreciate the feedback. So you do this for 5 to 7 subjects every day? Do you also layer in MBE/Adaptabar on top?

It would probably take me two hours just to review the entirety of a given subject in one sitting.

Yes, honestly the reading gets a lot faster via repetition and it starts to go faster. I do incorporate MBE questions everyday, sometimes it’s only 30 if I’m wiped out.

Full disclosure: I’m not working right now nor do I have family obligations so I have a lot of free time to do this. I’m fresh off the TBX so the MBE material is very familiar. Also, the CBX subjects of Wills, Trusts and Business Associations (Agency + Corp) are very similar to Texas so the subject matter isn’t that foreign for me to be honest.

How much time do you spend per subject per day and how many hours can you study per day? It’s amazing that you can do 5-6 subjects a day!

Thanks for your feedbacks.

[Underoath]

Thank you to everyone who answered my last question. NOW, another one.

I always took pride in knowing criminal law since the time I came out of my mother's womb, but these adaptibar questions are starting to make me question my whole life.

After waiting until all the customers had left, a man entered a small grocery store just before closing time. He went up to the lone clerk in the store and said, "Hand over all the money or you will get hurt." The clerk fainted and struck his head on the edge of the counter. As the man went behind the counter to open the cash register, two customers entered the store. The man ran out before he was able to open the register drawer.

On this evidence the man could be convicted of

A. Robbery
B. Assault and Robbery
C. Attempted robbery
D.Assault and attempted robbery

I put letter B, but it's actually C.

How is this NOT an assault. Mere words alone is not assault, BUT words with conduct are. Plus the guy had a gun!!!! COME ON!!!

[a male human]

Thank you to everyone who answered my last question. NOW, another one.

I always took pride in knowing criminal law since the time I came out of my mother's womb, but these adaptibar questions are starting to make me question my whole life.

After waiting until all the customers had left, a man entered a small grocery store just before closing time. He went up to the lone clerk in the store and said, "Hand over all the money or you will get hurt." The clerk fainted and struck his head on the edge of the counter. As the man went behind the counter to open the cash register, two customers entered the store. The man ran out before he was able to open the register drawer.

On this evidence the man could be convicted of

A. Robbery
B. Assault and Robbery
C. Attempted robbery
D.Assault and attempted robbery

I put letter B, but it's actually C.

How is this NOT an assault. Mere words alone is not assault, BUT words with conduct are. Plus the guy had a gun!!!! COME ON!!!

Where does it say that he had a gun?

There are two types of criminal assault:

1. "Attempted battery" assault (majority) occurs when D intended to commit battery; there is no need to finish the battery
2. "Fear of battery" assault (minority -- aka not an MBE rule) happens when D intentionally puts the victim in a reasonable apprehension of imminent harm

Neither applies:

1 doesn't apply because the facts don't say anything about wanting to commit battery. "You will get hurt" is just words. Hurt how? Did he try to swing his fists? Point a gun at him?

2 doesn't apply because the man's conduct doesn't rise to the level of "imminent harm" (maybe not even "reasonable apprehension"). Classic example of what would count is staring down the barrel of a gun that you think is about to fire at your face (try it and see how it feels).

Even if "words with conduct" constituted assault, what was the conduct? All he did was go up to the clerk and say words. You even say mere words alone are not assault.

[FinallyPassedTheBar]

Thank you to everyone who answered my last question. NOW, another one.

I always took pride in knowing criminal law since the time I came out of my mother's womb, but these adaptibar questions are starting to make me question my whole life.

After waiting until all the customers had left, a man entered a small grocery store just before closing time. He went up to the lone clerk in the store and said, "Hand over all the money or you will get hurt." The clerk fainted and struck his head on the edge of the counter. As the man went behind the counter to open the cash register, two customers entered the store. The man ran out before he was able to open the register drawer.

On this evidence the man could be convicted of

A. Robbery
B. Assault and Robbery
C. Attempted robbery
D.Assault and attempted robbery

I put letter B, but it's actually C.

How is this NOT an assault. Mere words alone is not assault, BUT words with conduct are. Plus the guy had a gun!!!! COME ON!!!

There is no assault on these facts. At common law, assault is putting someone in imminent fear of physical harm. That did not happen here. The defendant said "hand over all the money OR you will get hurt." That's not imminent. The "OR" language modifies the physical threat of harm and makes it non-imminent.. It's the same as the defendant saying "you will get hurt UNLESS you hand over the money". And the facts do not mention that defendant brandished a gun/weapon. So any answer choice that mentions assault is wrong.

[scard]

Thank you to everyone who answered my last question. NOW, another one.

I always took pride in knowing criminal law since the time I came out of my mother's womb, but these adaptibar questions are starting to make me question my whole life.

After waiting until all the customers had left, a man entered a small grocery store just before closing time. He went up to the lone clerk in the store and said, "Hand over all the money or you will get hurt." The clerk fainted and struck his head on the edge of the counter. As the man went behind the counter to open the cash register, two customers entered the store. The man ran out before he was able to open the register drawer.

On this evidence the man could be convicted of

A. Robbery
B. Assault and Robbery
C. Attempted robbery
D.Assault and attempted robbery

I put letter B, but it's actually C.

How is this NOT an assault. Mere words alone is not assault, BUT words with conduct are. Plus the guy had a gun!!!! COME ON!!!

first of all, there is no gun. we cannot automatically assume facts just because we read too fast. we are all guilty of it but one important fact to studying for this exam is to read and read carefully. read all of the answer choices even if you know exactly how this should play out. sometimes they add facts. Also, read the question very carefully, sometimes one word can change the entire outcome so its important not to skim read through the parts we think is immaterial

now for the question.

you chose B.

We know A is wrong because he didn't actually take or carry away the property, thus cannot be convicted of Robbery. SO A and B should be automatically disqualified.

We know Robbery will merge with the battery or assault claim as one cannot be charged with both battery and robbery or both assault and robbery as they would simply merge and be charged with the more serious crime. the question is if Attempt of a merged crime will have the same affect. This is what the question is designed to test your knowledge, whether you know if an attempt crime will merge with an underlying crime. I can't say I knew the answer of whether it merged or not.

maybe it doesn't matter because assault requires the specific intent to commit battery but doesn't for some reason with a step beyond mere preparation

[Underoath]

SORRY GUYS! That is my fault. I kept reading GUN for some reason. Yikes! Prime example that you should read SLOW because that's just a GIMME type question.

Again, I also read it as he had his hands ON the money and placed it back, which is why I got the robbery instead of the attempt. I need to slow down when I read.

[a male human]

Embarrassment is the best way to learn a lesson, my boy. Keep it going!

[scard]

SORRY GUYS! That is my fault. I kept reading GUN for some reason. Yikes! Prime example that you should read SLOW because that's just a GIMME type question.

Again, I also read it as he had his hands ON the money and placed it back, which is why I got the robbery instead of the attempt. I need to slow down when I read.

was just doing some reading from a law review...

attempted _______ includes all lesser offenses

so Attempted robbery would include the underlying assault or battery. So that question does not matter of whether or not the cashier was a victim of criminal assault, only that the defendant can be charged with attempted robbery which would include all lesser offenses including any assault or battery committed during the commission of the attempted robbery.

here the law review I read and the important quoted part.

https://digitalcommons.law.seattleu.edu ... ntext=sulr

Where the greater offense is an attempt, therefore, the first prong of the test for lesser included offenses is slightly different from Workman's own general formula. Workman holds that a lesser offense is a lesser included offense if each element of the lesser offense is either an element of the greater offense or, where the greater offense is an attempt, an inherent characteristic of the attempt. In Workman,the lesser offense had two elements. The first, carrying a weapon, was an element in the greater offense: "It is clear that the element of carrying a weapon under RCW 9.41.270, the gross misdemeanor, is a necessary element of the greater crime of first- degree robbery [under RCW 9A.56.200(1)(a)]. ' ' "i '
The second element of the lesser offense, "circumstances warranting alarm," was an inherent characteristic of the greater offense, an attempt: "Likewise, the element of circumstances warranting alarm under the lesser offense is an inherent characteristic of an attempt to commit a robbery. The existence of such circumstances therefore qualifies as a necessary element of the greater offense of attempted first-degree robbery.""' The court therefore concluded that the first prong of the test for lesser included offenses was met. Thus, Workman formulated and applied, albeit cryptically, an inherent characteristic rule for attempt cases.

[dabigchina]

wrong thread

[MBernard]

. How much time do you spend per subject per day and how many hours can you study per day? It’s amazing that you can do 5-6 subjects a day!

Thanks for your feedbacks.

I’m doing at minimum 10+ hr days. The time I spend on a subject varies depending on my familiarity and the complexity. CP I can get through in like an hour; whereas something like Wills would take longer (70+ page outline plus essay Q).

I’m not from this jurisdiction, went to school in Indiana, so I’m kind of pulling out all the stops to make sure I’m on level footing with Ca students. I’m sure a more balanced schedule would be healthier but I feel guilty doing almost anything besides studying lol.

[barprepforca]

Quick question... i'm pretty sure the answer to this is "know it cold," but how much time should be spent on the Rule Against Perpetuities? It is a LOT of information to cram in there, and would take a fair amount of time, but i'm assuming it's a subject that probably gets tested fairly frequently on the CA Bar essays.

[Angel66]

Quick question... i'm pretty sure the answer to this is "know it cold," but how much time should be spent on the Rule Against Perpetuities? It is a LOT of information to cram in there, and would take a fair amount of time, but i'm assuming it's a subject that probably gets tested fairly frequently on the CA Bar essays.

I’ve done at least 10 property essay questions and have never ever seen this rule being tested.

[scard]

Quick question... i'm pretty sure the answer to this is "know it cold," but how much time should be spent on the Rule Against Perpetuities? It is a LOT of information to cram in there, and would take a fair amount of time, but i'm assuming it's a subject that probably gets tested fairly frequently on the CA Bar essays.

mbe questions test it heavily with conveyances. pretty much know how it drives, what it will invalidate, what is exempt, and what the affect will be.

for example "A to B so long as it is used for residential purposes". Since the grantor retains a reverter interest and reverter is exempt from RAP, this does not violate RAP and is a valid conveyance.

if, "A to B so long as it is used for residential purposes, then to C". Since C's interest has a possibility of not being vested within the measurable life being (likely A) plus 21 years, it violates the RAP. The conveyance will likely be interpreted as "A to B so long as its used for residential purposes" thus granting A the right of reverter and being exempt from RAP as described above.

they will play with the verbiage using "but if" or "as long as" and include multiple conveyances including being devised by will in-between interests to test your ability to track ownership in conjunction with RAP.

[echo foxtrot]

First of all, you'd be weird if you DIDN'T feel overwhelmed by Evidence. A ton of different rules for MBE, more than most essay topics Evidence will be a big time crunch, and then there are the CA distinctions. A general thing I'd say is that while it is easy to get overwhelmed by the breadth that Evidence covers, some sub-topics are a lot more important than others.

I think for MBEs, it helps to master the biggest areas first (e.g. HEARSAY). If/when time is of the essence, I essentially studied more granular rules through the answer explanations, etc.

For essays, I think one of the most helpful things is to have a very short checklist of major issues. Once you have that down and start doing Evidence essays, you'll notice the finite universe of issues (including CA distinctions) that keep popping up in each major issue. As you start committing that checklist to memory, you know you'll be going through every major issue and getting at least a few sub-issues in each area.

The danger (at least for me) with Evidence essays is that since I know it's a race to the finish (quickly discuss as many issues as possible), I ended up talking about *too many* issues that were a stretch to include. The best thing to do here (as above) is to compare to model answers, etc. You've probably been recommended it a bunch of times before, but BarEssays is king here.

Let me know if I can elaborate on anything.

Thank you! I think I'm starting to get a bit of a better handle on the MBE questions at least.

Evidence was definitely the hardest subject for me. I actually learned the subject by reading past essays. Here are some tips for the essay portion on evidence that helped me pass.

1. Develop a "cookie-cutter" checklist for every Evidence approach. For example: (i) Relevance; (ii) Presentation; (iii) Character, etc.
2. Breakdown the hearsay rules into three main categories: (i) Non-Hearsay; (ii) Declarant unavailable; (iii) Exceptions.
3. Understand and use the Character exceptions rule as a foundation. This would be FRE 404. Things just flowed for me from there on.

I have documented these notes. I think it is very likely that Evidence will appear on the July 2018 exam so I will do my best to complete this cheat sheet document soon. https://docs.google.com/document/d/14QR ... g=h.gjdgxs