Thread: February 2008 California Bar Exam Predictions

For the fun of it.. let the predictions for the Feb Cal Bar start flying :-)

Friends in class reporting Barpasser's predictions:
*some similarities to Performance Advantage predictions - more reliable:
Civ Pro, PR, K, Crim Pro)

*some VERY different (Evidence, Con law) - low reliability.

Again, Barpasser's "guesses":

Civ pro – jurisdiction or joinder (was on res and collateral estoppel last time) – not many CA distinctions

PR – full, not cross over
Conflicts of interest

Ks – formation heavy vs. breach heavy
UCC last time, maybe CL this time

Community prop – recently under tested in last three years

Crim pro – know 4th am, Miranda,
Could cross over with evidence or crim law

Con Law – know 14th am (Equal protection and due process clause),
1st am free speech tested 4 times in a row – unlikely again
Commerce clause also tested recently –

Evidence – CA (with crim case b/c that’s where distinctions are)
Only answer re: CA if it’s in the call or somewhere in the question.

Category: CA - California Bar Exam

Roger Federer's prediction for the 2008 California Bar Exam

I can tell you that civ pro -100%, corps/llp's/ agency -60%, wills, trusts or c.p - 70%, (periera/van camp, or wills/trusts formation), crim pro/evidence - 80%, p.r. - 100% (full blown), real property/contracts - 70%; Torts - Defamation/Invasion of Privacy, or Negligence/wrongful death/egg shell plaintiff/assault/ battery.

My predictions are have about a 70% accuracy rate.

So, if you study these subjects you will be fine. As a side bar, the ca bar has not tested injunction in a long time. So be very aware of of injunction with a possible nuisance. Thats it. By the way, the last couple of bar exams flemings and barbri have been about 55% accurate. If you do get barbri, look at the least likely subjects. At least 1 of those will be on the exam.

Quoting Scale_2004

With reference to CA Civ Pro: I got a tip from a bar tutor and I
believe it is a good one.
Look at the Federal Civ Pro essays and see what they really like to
test in that subject.
Then within those areas, determine if there is a CA distinction.
Remember, this is an essay and the way they dream up these essays--
is they will test us on "testable issues"--meaning ones that have
something to write about, ones where the graders will be able to
determine if we got what they were looking for... and an issue with
some substance to it.
Example: I have posted this before. But think of this one. The
Bar examiners really like the Fed Civ Pro issue of Res Judicata and
Collateral Estoppel.
Big Distinction in CA Civ Pro---CA can split claims if there are
separate and distinct causes of action found. Feds (arising out of
the same transaction and occurrence)

This is what is actually on the bar exam in Feb 2008. Looks like everyone is surprised that no Civ Pro was tested? Barpasser completely missed their predictions (Wills baby is totally on the exam)

Roger Federer (whoever that is) is completely right about his 70% accuracy

good job Roger!
First Day (Tuesday)

Essay 1: Torts - Negligence (unknown/known trespass/ attractive nuisance), Defenses Contributory, Comparative, Partial comparative, assumption of risk.

Essay 2: Crim law / Crim Pro: straight forward 4/5/6th Miranda issue and elements for murder.

Essay 3: Professional Responsibility on breach of confidentiality/loyalty and right of attorney to withdraw. (the second part was technical and I imagine most people put some general rules down)

Tuesday Performance Test: The second interrogatory required deep knowledge of the fraud statute.

Second Day (Wednesday)

MBE: A lot of Wills Questions. Very little mortgages and character evidence.

Third Day (Thursday)
AM Essays

1. Wills/Trusts : Trust execution requirements, resulting trust, trust revocation requirements (failed to revoke). valid will requirements, undue influence, possible interested witness, estate pass through intestacy.

2. Community Property: QPC, putative spouse, debts of spouse, provide for spouse's necessities, division of property.

3. Corporations/Agency: De Facto/promoter liability corporation issue and basic agency issues. (owning a law business with a non-lawyer and aiding the unauthorized practice of law.)

PM Performance Test
Test of your ability to organize elements.