2017 July California Bar Forum

[InterAlia1961]

My confidence is improving. After a meeting with the top brass, who flew in to a tiny rural airport from Reno just to see me, not only am I not fired, I got a raise...because I know a thing or two about contract law. Three seasoned publishing professionals and their counsel on one side of the table, me on the other, and I didn't flinch or falter. I rolled in there like I owned the place. Rolled out with more money and a free lunch. Bring what you got bar examiners.

[oldexaminee]

First time poster taking CA July exam 32 years after my last bar exam. Have been studying by myself part-time since Feb. with old Barbri books and online MBE practice tests. Sometimes confident, sometimes despondent--wondering why am I doing this to myself. Came upon this site as I read most of what I can find for inspiration. Anyway, you all seem very dedicated and hardworking. I hope it pays off for all of you. Doing fine on MBE practice tests and lots of work to go on essays and PT. Will continue rotating through subject study/essays/MBE/PTs another week, while managing my practice on the side! Then have a brief and deposition to prepare for,leaving me 9 solid days out in sunny CA to cram and pray before entering the jungle with you youngsters. From what I'm reading, I've got lots of rules to memorize (not my forte) and essays to write before I sleep. Good luck to all.

[oldhoya]

First time poster taking CA July exam 32 years after my last bar exam. Have been studying by myself part-time since Feb. with old Barbri books and online MBE practice tests. Sometimes confident, sometimes despondent--wondering why am I doing this to myself. Came upon this site as I read most of what I can find for inspiration. Anyway, you all seem very dedicated and hardworking. I hope it pays off for all of you. Doing fine on MBE practice tests and lots of work to go on essays and PT. Will continue rotating through subject study/essays/MBE/PTs another week, while managing my practice on the side! Then have a brief and deposition to prepare for,leaving me 9 solid days out in sunny CA to cram and pray before entering the jungle with you youngsters. From what I'm reading, I've got lots of rules to memorize (not my forte) and essays to write before I sleep. Good luck to all.

I just passed the Feb 2017 attorneys exam in CA (so no MBEs for me). My last bar exam before that was NY in July 2000. I got the BarBri course materials for both and I spent most of my time outlining practice essays and the old exam essays. My impression is that California throws a lot more curveballs and tries to confuse you with crossover questions whereas other states (like NY) are more about just regurgitating the rules.

However, CA's efforts to stress you out on exam day actually make memorizing the rules that much more important. If you know the rules then you spend more time thinking about your answer and not trying to remember elements.

In my view the keys to the bar exam are always staying calm, organized, and focused. I wrote everything by hand (the bar exam is no time to try new things), so there was no option to go back and start anything over. You make a plan and then you execute it, and you just keep moving forward.

Good luck to everyone taking July 2017!

[psg190]

Anyone have insight into the projected essay topics for this go around?

[sk1130]

Anyone have insight into the projected essay topics for this go around?

I know that nobody can predict, but I took feb (and did not pass) and he was 5/6 correct if I remember correctly.

He predicts the following for CA's july bar:

-property
-CA civ pro
-PR
-Community Prop
-CA evidence
-Contract/remedies

wild card: Bus associations/remedies

https://www.barsecrets.com/blog/dr-sacc ... a-bar-exam

[psg190]

Anyone have insight into the projected essay topics for this go around?

I know that nobody can predict, but I took feb (and did not pass) and he was 5/6 correct if I remember correctly.

He predicts the following for CA's july bar:

-property
-CA civ pro
-PR
-Community Prop
-CA evidence
-Contract/remedies

wild card: Bus associations/remedies

https://www.barsecrets.com/blog/dr-sacc ... a-bar-exam

Thanks!

[InterAlia1961]

I have a real property question. It concerns the Feb. '06 exam, question 3. Here's a link:http://juraxbar.com/wp-content/uploads/ ... 06-CBX.pdf

If the lessee was required to renew the EASEMENT (it specifically says easement) with the Theater, he can't. He can't renew the original agreement between the parties, because he wasn't a party. Therefore, the "renewed" easement would actually be a new easement. If the tenant enters into an easement agreement with a third-party, is there sufficient privity? That's where I'm confused.

Help me out if you can.

[Desert rat]

Anyone have insight into the projected essay topics for this go around?

I know that nobody can predict, but I took feb (and did not pass) and he was 5/6 correct if I remember correctly.

He predicts the following for CA's july bar:

-property
-CA civ pro
-PR
-Community Prop
-CA evidence
-Contract/remedies

wild card: Bus associations/remedies

https://www.barsecrets.com/blog/dr-sacc ... a-bar-exam

Thanks!

It's COMMUNITY PROPERTY that he is predicting.

[dlrbfl]

Question on CA Professional Responsibility:

So I just did a practice essay and I'm really confused about conflicts of interest. Themis organized COI issue by the parties involved (e.g., lawyer-client or client-client). We never really learned about potential vs. actual conflict and concurrent conflict. But when I checked on BarEssays, all the answers were organized by "potential" and "actual" conflict and discussed something about concurrent conflicts.

I don't know why I'm so confused, but I'm having such a hard time understanding this. Does CA/ABA rules differ depending on whether the conflict is potential or actual? How does one determine whether the conflict is potential or actual!?

If someone could help me organize my thoughts into a simple outline I would be forever grateful.

[InterAlia1961]

Question on CA Professional Responsibility:

So I just did a practice essay and I'm really confused about conflicts of interest. Themis organized COI issue by the parties involved (e.g., lawyer-client or client-client). We never really learned about potential vs. actual conflict and concurrent conflict. But when I checked on BarEssays, all the answers were organized by "potential" and "actual" conflict and discussed something about concurrent conflicts.

I don't know why I'm so confused, but I'm having such a hard time understanding this. Does CA/ABA rules differ depending on whether the conflict is potential or actual? How does one determine whether the conflict is potential or actual!?

If someone could help me organize my thoughts into a simple outline I would be forever grateful.

Under both sets of authorities (which is how I was instructed to start every answer where there are similarities), a lawyer owes a duty of loyalty to their client. This includes the duty to avoid conflicts of interest.

ABA

The ABA Model Rules provide that an attorney cannot take or continue representation if she has a current conflict of interest unless she gets the informed written consent of the client, and if the conflict arises because of the representation of a current or former client, the informed consent of that client as well. A conflict of interest occurs when because of a current or prior business, personal, or professional relationship with an individual or entity, the lawyer knows or reasonably should know, that because of another relationship, their ability to represent the current client will be materially affected.

California

The California rule regarding conflicts of interests is similar to the ABA rule. In California, a conflict of interest exists if because of an obligation to a third party, the attorney's ability to effectively represent the client is materially affected. A California must get the same level of informed consent from a client when this occurs. In addition, a California must advise the client of all reasonably foreseeable conflicts of interest and get the clients informed consent in writing.

[anonymous092]

Does anyone know what percentile rank we should be aiming for in Barbri? I got 39th percentile on the simulated MBE. I'm not too worried because I know there's a lot of time left. But I assume we should be aiming for the 70th percentile?

[whats an updog]

Anyone have insight into the projected essay topics for this go around?

I know that nobody can predict, but I took feb (and did not pass) and he was 5/6 correct if I remember correctly.

He predicts the following for CA's july bar:

-property
-CA civ pro
-PR
-Community Prop
-CA evidence
-Contract/remedies

wild card: Bus associations/remedies

https://www.barsecrets.com/blog/dr-sacc ... a-bar-exam

God I hope not, that would be terrible

[BenjarvusGreenEllis]

Anyone have insight into the projected essay topics for this go around?

I know that nobody can predict, but I took feb (and did not pass) and he was 5/6 correct if I remember correctly.

He predicts the following for CA's july bar:

-property
-CA civ pro
-PR
-Community Prop
-CA evidence
-Contract/remedies

wild card: Bus associations/remedies

https://www.barsecrets.com/blog/dr-sacc ... a-bar-exam

God I hope not, that would be terrible

[BulletTooth]

Does anyone know what percentile rank we should be aiming for in Barbri? I got 39th percentile on the simulated MBE. I'm not too worried because I know there's a lot of time left. But I assume we should be aiming for the 70th percentile?

The California pass rate for July 2016 was 56% for first-time takers. Obviously Barbri's pass rate is probably higher than the CA average, but 39th percentile is still cutting it close. May be more helpful to compare what percentage of questions you got right to the percent that you would need on the MBE to have a shot at passing.

[logical seasoning]

Figured it's worth a shot: Does anyone taking the test at Santa Clara want to split a hotel room? I am a non-snoring male. I promise not to discuss the test after each day!

No serial killers pleasssseeeeee

[mcmand]

didn't do so hot on barbri's practice MBE yesterday. Looking for good study strategies going forward from today. Should I spend time doing these review lectures they have for yesterday's test, or just grind through more questions in studysmart or the book, or spend time reviewing/memorizing outlines?

No horror stories in response please, trying to keep my anxiety low.

[BulletTooth]

didn't do so hot on barbri's practice MBE yesterday. Looking for good study strategies going forward from today. Should I spend time doing these review lectures they have for yesterday's test, or just grind through more questions in studysmart or the book, or spend time reviewing/memorizing outlines?

No horror stories in response please, trying to keep my anxiety low.

Grinding questions and reading the explanations for all of the questions (even the ones you get right) seems like a pretty good use of time. I'd also write out the rules for the questions you got wrong as a way to try and memorize those rules. You could also target MBE topics that may show up as essay topics (evidence, criminal law & procedure, constitutional law). Memorizing an outline can only get you so far--you'll need to be able to apply the rules and spot nuances in the MBE questions.

[Alt123]

I got a 135/200 on Barbri's simulated MBE (67.5%), but because of California's high cut score and me knowing nothing about how I should translate this to a scaled score, I don't know if I should be happy with my progress or be fucking scared.

Can anyone give me some insight?

[mcmand]

I got a 135/200 on Barbri's simulated MBE (67.5%), but because of California's high cut score and me knowing nothing about how I should translate this to a scaled score, I don't know if I should be happy with my progress or be fucking scared.

Can anyone give me some insight?

You did a lot better than me, if that makes you feel better

[mcmand]

didn't do so hot on barbri's practice MBE yesterday. Looking for good study strategies going forward from today. Should I spend time doing these review lectures they have for yesterday's test, or just grind through more questions in studysmart or the book, or spend time reviewing/memorizing outlines?

No horror stories in response please, trying to keep my anxiety low.

Grinding questions and reading the explanations for all of the questions (even the ones you get right) seems like a pretty good use of time. I'd also write out the rules for the questions you got wrong as a way to try and memorize those rules. You could also target MBE topics that may show up as essay topics (evidence, criminal law & procedure, constitutional law). Memorizing an outline can only get you so far--you'll need to be able to apply the rules and spot nuances in the MBE questions.

Thank you. I think you're right - I've been spending some time today going back to practice sets I hadn't been able to get to, and slowing way down, guessing my answer before looking at answer choices, etc. I seem to be getting more right that way. I don't really like the video lectures reviewing question sets (or reviewing yesterday's test). It's just regurgitating info at me and I get frustrated quickly. And I have a hard time reading an outline at length for hours, it doesn't help the info stick.

[BulletTooth]

didn't do so hot on barbri's practice MBE yesterday. Looking for good study strategies going forward from today. Should I spend time doing these review lectures they have for yesterday's test, or just grind through more questions in studysmart or the book, or spend time reviewing/memorizing outlines?

No horror stories in response please, trying to keep my anxiety low.

Grinding questions and reading the explanations for all of the questions (even the ones you get right) seems like a pretty good use of time. I'd also write out the rules for the questions you got wrong as a way to try and memorize those rules. You could also target MBE topics that may show up as essay topics (evidence, criminal law & procedure, constitutional law). Memorizing an outline can only get you so far--you'll need to be able to apply the rules and spot nuances in the MBE questions.

Thank you. I think you're right - I've been spending some time today going back to practice sets I hadn't been able to get to, and slowing way down, guessing my answer before looking at answer choices, etc. I seem to be getting more right that way. I don't really like the video lectures reviewing question sets (or reviewing yesterday's test). It's just regurgitating info at me and I get frustrated quickly. And I have a hard time reading an outline at length for hours, it doesn't help the info stick.

Yeah, that sounds like a good method. I've found that, for the MBE questions, it's helpful to read the call of the question first so you know what you're looking for the in the prompt and then to have an answer in your mind before you start looking at the multiple choice answers. Reading the call first helps me zone in on the important facts while disregarding the red herrings.

[hdunlop]

Tag

[kaytraco1]

Question about a Civ Pro problem on Barbri's Practice MBE Test (question 174). According to the facts, a manufacturer of widgets was incorporated in and has its principal place of business in State A. The manufacturer operates its own stores States A, B, and C. State D resident visited a State B store, purchased the widget, and returned home to State D. He was injured while using the widget in State D.

The question asks in what districts is venue proper. The right answer included State D, but I can't understand why. While I recognize that a substantial part of the events giving rise to the claim occurred in State D (i.e., the injury during the use), it seems to me that a State D court would lack personal jurisdiction. Namely, I think personal availment and foreseeability are missing (manufacturer doesn't have any State D stores, had no reason to know that the purchaser would use the product in State D, etc.).

So, why is State D a correct answer? Am I conflating venue and personal jurisdiction? In other words, should I ignore the exercise of personal jurisdiction in questions asking about proper venues? Thanks!

[bingojay]

Am I conflating venue and personal jurisdiction? In other words, should I ignore the exercise of personal jurisdiction in questions asking about proper venues? Thanks!

Yea, if it only asks for venue, it means SMJ and PJ are established already.

[jagsta]

Question about a Civ Pro problem on Barbri's Practice MBE Test (question 174). According to the facts, a manufacturer of widgets was incorporated in and has its principal place of business in State A. The manufacturer operates its own stores States A, B, and C. State D resident visited a State B store, purchased the widget, and returned home to State D. He was injured while using the widget in State D.

The question asks in what districts is venue proper. The right answer included State D, but I can't understand why. While I recognize that a substantial part of the events giving rise to the claim occurred in State D (i.e., the injury during the use), it seems to me that a State D court would lack personal jurisdiction. Namely, I think personal availment and foreseeability are missing (manufacturer doesn't have any State D stores, had no reason to know that the purchaser would use the product in State D, etc.).

So, why is State D a correct answer? Am I conflating venue and personal jurisdiction? In other words, should I ignore the exercise of personal jurisdiction in questions asking about proper venues? Thanks!

D is probably correct because the analysis fails the first part of Venue. That is, proper where "any D resides if all Ds reside in the same state" (without seeing the actual question, don't have Barbri books) If the first part fails, then venue is proper where "a substantial part of the events or omission giving rise to the claim occurred." It seems that answer D fits the second part of the rule (again without seeing the actual question.) Also, a venue question could also involve PJ analysis if rules 1 and 2 do not apply--see the entire rule on venue for details. I hope that helps.