2018 July California Bar Forum

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Auxilio

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Re: 2018 July California Bar

Post by Auxilio » Thu Oct 04, 2018 5:36 pm

Auxilio wrote:Did anyone else just get an email saying the admittance ticket for the First year law student examination is ready?

I don't remember (and can't imagine why I would have) signed up for that, but in my paranoid fear I'm now worried if there was some problem with my app.

Nevermind, now they sent an email to disregard first one

lnu1992

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Re: 2018 July California Bar

Post by lnu1992 » Mon Oct 08, 2018 8:51 am

Does anyone know if California releases its passing percentage before results are released?

I-object

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Re: 2018 July California Bar

Post by I-object » Tue Oct 09, 2018 3:52 pm

Exam Questions (Fact Patterns) have been posted.

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a male human

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Re: 2018 July California Bar

Post by a male human » Tue Oct 09, 2018 3:56 pm

lnu1992 wrote:Does anyone know if California releases its passing percentage before results are released?
Press release comes out around the time results are released to candidates, give or take a few mins.

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Re: 2018 July California Bar

Post by JakeTappers » Tue Oct 09, 2018 3:57 pm

I-object wrote:Exam Questions (Fact Patterns) have been posted.
Does any website (free) analyze these quickly? So I can torture myself some more?

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Re: 2018 July California Bar

Post by a male human » Tue Oct 09, 2018 4:01 pm

JakeTappers wrote:
I-object wrote:Exam Questions (Fact Patterns) have been posted.
Does any website (free) analyze these quickly? So I can torture myself some more?
I believe BarSecrets will do it soon.

estefanchanning

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Re: 2018 July California Bar

Post by estefanchanning » Tue Oct 09, 2018 5:22 pm

Ugh I don't even remember what I wrote.

mathandthelaw

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Re: 2018 July California Bar

Post by mathandthelaw » Tue Oct 09, 2018 5:56 pm

Thank you so much for letting us know the essays were posted.

I am absolutely awaiting Bar Secrets to post its analyses. Though I don't remember everything I wrote, I remember a lot of it. But for me, I'm more concerned about the MBEs and Performance Test than the essays. I would LOVE to see a model answer for the PT. I hardly remember what I wrote for the PT because I was writing like a damn maniac lol.

If anyone happens to see when Bar Secrets posts, please kindly inform us here!

Thank you.

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MBernard

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Re: 2018 July California Bar

Post by MBernard » Tue Oct 09, 2018 7:40 pm

Thanks for the heads up! If it’s not a hassle can someone post the link to the bar secrets analysis when its available? I have a good idea of the issues I hit on the exam, definitely would be interested in checking out what the answers look like.

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Re: 2018 July California Bar

Post by scard » Wed Oct 10, 2018 5:06 pm

Why do you care? It’s not like they complete each essay analysis in an hour timeframe with the stress of their future hanging in the balance knowing that there are other parts of the exam that may be worse or harder than the present one they are working on.

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Atmosphere

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Re: 2018 July California Bar

Post by Atmosphere » Wed Oct 10, 2018 5:37 pm

scard wrote:Why do you care? It’s not like they complete each essay analysis in an hour timeframe with the stress of their future hanging in the balance knowing that there are other parts of the exam that may be worse or harder than the present one they are working on.

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MBernard

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Re: 2018 July California Bar

Post by MBernard » Wed Oct 10, 2018 5:41 pm

scard wrote:Why do you care? It’s not like they complete each essay analysis in an hour timeframe with the stress of their future hanging in the balance knowing that there are other parts of the exam that may be worse or harder than the present one they are working on.
Security or peace of mind is my reason. My expectation is that likely the practitioners or professors who are debriefing the essays are attempting to do a thorough job and therefore it might be useful for me to see how well my own analysis tracks their model answer (in my futile attempt to guesstimate how I scored).

I certainly don't think that missing an issue that they've (BarSecrets or anyone else) spotted is fatal and you're entirely correct that doing the exam under time constraints is a different beast. Anyone who is intellectually honest probably would agree that the time constraints create stress and increase the error chance.

Just something to pass time with if anything else.

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Re: 2018 July California Bar

Post by JakeTappers » Thu Oct 11, 2018 9:33 am

I just watched the first video and don't remember going through it how they do with repudiation and withdrawal, etc. More like here's a contract, here's a counteroffer, etc. But I guess it's probably been too long for this to be very useful at this point.

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mathandthelaw

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Re: 2018 July California Bar

Post by mathandthelaw » Thu Oct 11, 2018 11:40 am

I wish I knew about BarSecrets before! I actually think their analysis was very helpful for the Contracts Essay. They recognize that you would not be able to discuss all of the issues they explain in their video. They also recognize that there were different approaches as to how you can analyze this essay. But I wish I was watching them before the bar. And I wish I did the 2015 contracts essay because it was the same!

They are spot on with their analysis. @Jaketappers: Counteroffer and offers are irrelevant because as the video explained, the facts tell you that there was a valid written contract. That means the bar examiners don't want you to discuss and analysis formation other than recognizing that the contract was already formed. That means we are passed formation, counteroffer and offers are formation.

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Re: 2018 July California Bar

Post by JohnnieSockran » Thu Oct 11, 2018 12:23 pm

mathandthelaw wrote:I wish I knew about BarSecrets before! I actually think their analysis was very helpful for the Contracts Essay. They recognize that you would not be able to discuss all of the issues they explain in their video. They also recognize that there were different approaches as to how you can analyze this essay. But I wish I was watching them before the bar. And I wish I did the 2015 contracts essay because it was the same!

They are spot on with their analysis. @Jaketappers: Counteroffer and offers are irrelevant because as the video explained, the facts tell you that there was a valid written contract. That means the bar examiners don't want you to discuss and analysis formation other than recognizing that the contract was already formed. That means we are passed formation, counteroffer and offers are formation.
Previous CBX taker here. I want to say that for questions like these I still wrote 1 quick sentence, acknowledging that there is a valid written contract, therefore I will not discuss formation (offer, acceptance, consideration)... and then went into the prompt. I'm sure even if you didn't do that, it probably doesn't hurt you.

Going into a long drawn out explanation more than 1-2 sentences probably would hurt you since it wastes time and it is specifically addressed, so graders could ding you for not seeing that the contract was valid.

mathandthelaw

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Re: 2018 July California Bar

Post by mathandthelaw » Thu Oct 11, 2018 12:44 pm

JohnnieSockran wrote:
mathandthelaw wrote:I wish I knew about BarSecrets before! I actually think their analysis was very helpful for the Contracts Essay. They recognize that you would not be able to discuss all of the issues they explain in their video. They also recognize that there were different approaches as to how you can analyze this essay. But I wish I was watching them before the bar. And I wish I did the 2015 contracts essay because it was the same!

They are spot on with their analysis. @Jaketappers: Counteroffer and offers are irrelevant because as the video explained, the facts tell you that there was a valid written contract. That means the bar examiners don't want you to discuss and analysis formation other than recognizing that the contract was already formed. That means we are passed formation, counteroffer and offers are formation.
Previous CBX taker here. I want to say that for questions like these I still wrote 1 quick sentence, acknowledging that there is a valid written contract, therefore I will not discuss formation (offer, acceptance, consideration)... and then went into the prompt. I'm sure even if you didn't do that, it probably doesn't hurt you.

Going into a long drawn out explanation more than 1-2 sentences probably would hurt you since it wastes time and it is specifically addressed, so graders could ding you for not seeing that the contract was valid.
Yup, agree with you, all that is needed is 1 quick sentence acknowledging there is a valid written K, and I did write a sentence regarding that. I never said I didn't discuss formation at all, look at what I said in bold above. But I'm saying that discussing the actual contract formation is incorrect. Moreover, I just remembered this is UCC and the facts would not give rise to a counteroffer here anyway, conditional acceptance instead. All still irrelevant.

estefanchanning

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Re: 2018 July California Bar

Post by estefanchanning » Thu Oct 11, 2018 1:00 pm

They seem pretty sure that the farmer would win over the customer...ugh. I don't remember exactly what I wrote but I remember saying this can go either way depending on how the court sees it...fml

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Auxilio

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Re: 2018 July California Bar

Post by Auxilio » Thu Oct 11, 2018 1:04 pm

estefanchanning wrote:They seem pretty sure that the farmer would win over the customer...ugh. I don't remember exactly what I wrote but I remember saying this can go either way depending on how the court sees it...fml
I can't remember much of what I wrote except going back at the end and deciding that for repudiation to be proper it had to be written. I can't watch the video for a few more hours but was that right?

estefanchanning

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Re: 2018 July California Bar

Post by estefanchanning » Thu Oct 11, 2018 1:09 pm

Auxilio wrote:
estefanchanning wrote:They seem pretty sure that the farmer would win over the customer...ugh. I don't remember exactly what I wrote but I remember saying this can go either way depending on how the court sees it...fml
I can't remember much of what I wrote except going back at the end and deciding that for repudiation to be proper it had to be written. I can't watch the video for a few more hours but was that right?
Yup. Nice job. I totally forgot that repudiation had to be in writing.

What a mess that my legal career might depend on whether or not I remembered that anticipatory repudiation had to be in writing. Fucking aye. :roll:

mathandthelaw

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Re: 2018 July California Bar

Post by mathandthelaw » Thu Oct 11, 2018 1:21 pm

estefanchanning wrote:
Auxilio wrote:
estefanchanning wrote:They seem pretty sure that the farmer would win over the customer...ugh. I don't remember exactly what I wrote but I remember saying this can go either way depending on how the court sees it...fml
I can't remember much of what I wrote except going back at the end and deciding that for repudiation to be proper it had to be written. I can't watch the video for a few more hours but was that right?
Yup. Nice job. I totally forgot that repudiation had to be in writing.

What a mess that my legal career might depend on whether or not I remembered that anticipatory repudiation had to be in writing. Fucking aye. :roll:
Are you guys sure? I thought further assurances have to be in writing per UCC, but I don't think anticipatory repudiations have to be in writing?

I put that it was more likely that Stan would win because he didn't anticipatorily repudiate and the further assurances request by Best did not give reasonable time. I forgot to say that further assurances need to be a writing. I said that Best likely was the one who breached by refusing to accept delivery and going with someone else. One the other hand, I recognized that one could argue Best asked for further assurances (albeit giving him only three days) and Stan not responding until June 10 could potentially be an anticipatory repudiation. I just thought Stan was more likely to win.

estefanchanning

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Re: 2018 July California Bar

Post by estefanchanning » Thu Oct 11, 2018 1:28 pm

mathandthelaw wrote:
estefanchanning wrote:
Auxilio wrote:
estefanchanning wrote:They seem pretty sure that the farmer would win over the customer...ugh. I don't remember exactly what I wrote but I remember saying this can go either way depending on how the court sees it...fml
I can't remember much of what I wrote except going back at the end and deciding that for repudiation to be proper it had to be written. I can't watch the video for a few more hours but was that right?
Yup. Nice job. I totally forgot that repudiation had to be in writing.

What a mess that my legal career might depend on whether or not I remembered that anticipatory repudiation had to be in writing. Fucking aye. :roll:
Are you guys sure? I thought further assurances have to be in writing per UCC, but I don't think anticipatory repudiations have to be in writing?

I put that it was more likely that Stan would win because he didn't anticipatorily repudiate and the further assurances request by Best did not give reasonable time. I forgot to say that further assurances need to be a writing. I said that Best likely was the one who breached by refusing to accept delivery and going with someone else. One the other hand, I recognized that one could argue Best asked for further assurances (albeit giving him only three days) and Stan not responding until June 10 could potentially be an anticipatory repudiation. I just thought Stan was more likely to win.
Omg you're right. I think actually that's what I argued too. asdhjkasdj I can't remember what I wrote, but I think that was why I was going back and forth...I also remember saying something along the lines that, even if further assurances were valid, Stan had 'reasonable time' to reply to reply to them.

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Re: 2018 July California Bar

Post by mathandthelaw » Thu Oct 11, 2018 1:35 pm

estefanchanning wrote:
mathandthelaw wrote:
estefanchanning wrote:
Auxilio wrote:
estefanchanning wrote:They seem pretty sure that the farmer would win over the customer...ugh. I don't remember exactly what I wrote but I remember saying this can go either way depending on how the court sees it...fml
I can't remember much of what I wrote except going back at the end and deciding that for repudiation to be proper it had to be written. I can't watch the video for a few more hours but was that right?
Yup. Nice job. I totally forgot that repudiation had to be in writing.

What a mess that my legal career might depend on whether or not I remembered that anticipatory repudiation had to be in writing. Fucking aye. :roll:
Are you guys sure? I thought further assurances have to be in writing per UCC, but I don't think anticipatory repudiations have to be in writing?

I put that it was more likely that Stan would win because he didn't anticipatorily repudiate and the further assurances request by Best did not give reasonable time. I forgot to say that further assurances need to be a writing. I said that Best likely was the one who breached by refusing to accept delivery and going with someone else. One the other hand, I recognized that one could argue Best asked for further assurances (albeit giving him only three days) and Stan not responding until June 10 could potentially be an anticipatory repudiation. I just thought Stan was more likely to win.
Omg you're right. I think actually that's what I argued too. asdhjkasdj I can't remember what I wrote, but I think that was why I was going back and forth...I also remember saying something along the lines that, even if further assurances were valid, Stan had 'reasonable time' to reply to reply to them.
Then you did great on that part of the essay, estefanchanning!

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Re: 2018 July California Bar

Post by estefanchanning » Thu Oct 11, 2018 1:38 pm

Thank you, I appreciate the voice of support.

I guess I'm really anxious because I remember walking out of the bar thinking contracts was my worst essay because I didn't type that much, especially in comparison to my other essays. I thought it was very clear-cut, and damages were simple. I literally probably spent 30 minutes on it. (not bragging at all, i'm just saying it makes me feel like I didn't properly analyze the essay)

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MBernard

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Re: 2018 July California Bar

Post by MBernard » Thu Oct 11, 2018 1:42 pm

mathandthelaw wrote: I put that it was more likely that Stan would win because he didn't anticipatorily repudiate and the further assurances request by Best did not give reasonable time. I forgot to say that further assurances need to be a writing. I said that Best likely was the one who breached by refusing to accept delivery and going with someone else. One the other hand, I recognized that one could argue Best asked for further assurances (albeit giving him only three days) and Stan not responding until June 10 could potentially be an anticipatory repudiation. I just thought Stan was more likely to win.
That's the crux of my answer as well. Likewise, didn't mention that adequate assurance had to be in writing. Similar to yourself, I also think I called the principle "further assurances" instead of adequate assurances. Further assurances is the technical term referring to the future covenant whereby the grantor will help a grantee perfect title whereas adequate assurances is the UCC obligation involved in Q 1. Hopefully the examiners are not that particular, I made the same error.

I think I hit most of the issues Bar Secrets mentioned, even the more ancillary stuff like impossibility, frustration, impracticability and consequential damages. Also briefly discussed formation and what Best's damages could be if somehow they won. Really looking forward to the CP and Evidence breakdown.

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Re: 2018 July California Bar

Post by mathandthelaw » Thu Oct 11, 2018 2:39 pm

MBernard wrote:
mathandthelaw wrote: I put that it was more likely that Stan would win because he didn't anticipatorily repudiate and the further assurances request by Best did not give reasonable time. I forgot to say that further assurances need to be a writing. I said that Best likely was the one who breached by refusing to accept delivery and going with someone else. One the other hand, I recognized that one could argue Best asked for further assurances (albeit giving him only three days) and Stan not responding until June 10 could potentially be an anticipatory repudiation. I just thought Stan was more likely to win.
That's the crux of my answer as well. Likewise, didn't mention that adequate assurance had to be in writing. Similar to yourself, I also think I called the principle "further assurances" instead of adequate assurances. Further assurances is the technical term referring to the future covenant whereby the grantor will help a grantee perfect title whereas adequate assurances is the UCC obligation involved in Q 1. Hopefully the examiners are not that particular, I made the same error.

I think I hit most of the issues Bar Secrets mentioned, even the more ancillary stuff like impossibility, frustration, impracticability and consequential damages. Also briefly discussed formation and what Best's damages could be if somehow they won. Really looking forward to the CP and Evidence breakdown.
Oops, I totally called it further assurances. Hopefully my rule statement salvages the fact that I labeled it wrong!

Yeah I did the UCC damages analysis as well.

I also discussed impossibility, frustration, impract, and consequential damages as ancillary and briefly. I mentioned restitution and rejected it.

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