rakhi

Trying to get a feeling of the new subjects (California civil procedure and California evidence) Any predictions/discussion based on the July 2007 appreciated.

real

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

carol

California follows code pleading, so if you are on an essay that is asking about notice vs. code pleading (and even if you are in fed court) go ahead and make a quick mention on your exam that California follows code pleading. You will see notice and code pleading come up in one of those essays that asks about a summary judgment or motion to dismiss for failure to state a claim or insufficiency of the pleadings - i have seen examples of this already in the released answers in our class and the bar has picked essay answers that have these Cal distinctions made even before the they started actually testing it.