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Old 10-14-2007   #2
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Re: Can someone provide some testable new CA bar exam civ pro or evidence issues?

tips quoted from the BarOutlines.com Ca bar exam outlines

1) Res judicata. Claim preclusion.



*CA follows the primary rights rule. there is a separate cause of action or claim for property damage and for personal injury, even if they were caused in a single transaction (because personal injury and property rights are different primary rights) (“primary rights” theory)



Example: P could sue the D for property damages caused by a car accident w/ the D and later sue D for his physical injuries. Primary rights involved here: Property right and right to recover for physical injuries.



There are a lot of issues in the outlines, that one struck me as very testable

For Evidence:

In Fed, evidence of subsequent remedial measures is not admissible due to public policy considerations. In CA, Evidence of subsequent remedial measures is admissible in products liability based on strict liability. May be admissible in criminal cases due to Prop. 8.

Best evidence rule is really really different. in * All evidence admissible unless there is a genuine dispute or admission would be unfair. Oral testimony about a writing is only permissible if both the writing and any copies are unavailable.

Hope it gives you a feel of what the differences are



Source:BarOutlines.com
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