2018 July California Bar Forum

[zr3sg]

On the other end of the "prediction spectrum," does anyone have any thoughts or seen any predictions elsewhere (or compiled them) on what the least likely topics are for the essays? And yes, I am coping on this last weekend and considering gambling a bit. But I presume at least a few are unlikely.

^Community property wasn't on the last bar and they like to test it so it's likely to come up in some capacity. Apart from the subjects that are always tested it's hard to make any predictions w/ certainty, except what anyone could discern by looking at the past tested subjects... like wills usually wont be tested in full two exams in a row (if at all) and con law was tested as a a full question and a partial questions

[estefanchanning]

On the other end of the "prediction spectrum," does anyone have any thoughts or seen any predictions elsewhere (or compiled them) on what the least likely topics are for the essays? And yes, I am coping on this last weekend and considering gambling a bit. But I presume at least a few are unlikely.

^Community property wasn't on the last bar and they like to test it so it's likely to come up in some capacity. Apart from the subjects that are always tested it's hard to make any predictions w/ certainty, except what anyone could discern by looking at the past tested subjects... like wills usually wont be tested in full two exams in a row (if at all) and con law was tested as a a full question and a partial questions

All the more reason for the bar examiners to surprise us with two full questions of each on the bar exam.

[barprepforca]

If I get a full wills question, I may just walk out of the exam room.

[a male human]

Yeah, Remedies was suddenly tested like 5 out of 6 exams in a row.

I can understand how "fun" it might be people to predict... this time more so than usual, it seems like. Personally, trying to predict would give me more anxiety, and I'd focus on weak subjects than "likely" subjects. Predictions are like opinions, and you know what they say about opinions.

If you're going to gamble on predictions, just pick one person's predictions (like Dr. Saccuzzo's, whom I have arbitrarily picked). And at least read model answers for the other subjects you're going to abandon...

[psg190]

^Community property wasn't on the last bar and they like to test it so it's likely to come up in some capacity. Apart from the subjects that are always tested it's hard to make any predictions w/ certainty, except what anyone could discern by looking at the past tested subjects... like wills usually wont be tested in full two exams in a row (if at all) and con law was tested as a a full question and a partial questions

Ah, good call. Thought it was mixed in with wills, but it was not.

[mrro]

A few questions if anyone would like to clear this up for me:

ConLaw - Free speech
When is the area outside of a government building a public or non-public forum? So far I have seen on multiple choice questions that the area outside of a courthouse is non-public, but the steps outside of a state capitol is public. What is the difference here? Is there a key distinction between the traditional use for speech between legislative and judicial buildings?

Community property - Businesses
When do you actually apply the business goodwill rules (tests for market valuation/excess earnings)? Does it have any relationship to CP contributions to SP businesses (Pereira/Van Camp)? Are they ever both applied to a given asset, and if so, in what manner/order?

ConLaw - DCC
Is a state law facially discriminatory (requiring the higher standard) if it expressly states a discriminatory purpose but does not expressly discriminate in its terms?

[abogado2018]

I did the OPE 3 this morning and scored 83%. I remembered some of the questions from studying. SO this definitely cannot be accurate. I also heard ncbe OPEs are easier than what is tested now.

Any one else have a similar problem? or heard whether OPEs are still good to use?

Where did you hear the OPEs are easier?

[Atmosphere]

I did the OPE 3 this morning and scored 83%. I remembered some of the questions from studying. SO this definitely cannot be accurate. I also heard ncbe OPEs are easier than what is tested now.

Any one else have a similar problem? or heard whether OPEs are still good to use?

Where did you hear the OPEs are easier?

Google OPEs vs Actual MBE, but I think it’s all speculation. I think if you’re scoring around 80% on an OPE you should be close to 70% at least on the exam. People online say “those are the easy questions that NCBE released but there are more hard questions mixed in on the actual MBE”

[lawyer786]

For those who have already taken the exam, are we allowed to bring our stuff in a backpack, or do we have to keep everything in one of those gallon-sized zip locks like for the LSAT. This includes things like laptop, lunch, pencil, etc. Thanks!

[psg190]

For those who have already taken the exam, are we allowed to bring our stuff in a backpack, or do we have to keep everything in one of those gallon-sized zip locks like for the LSAT. This includes things like laptop, lunch, pencil, etc. Thanks!

Everything needs to be in a clear bag. Backpack and lunch stay outside.

http://www.calbar.ca.gov/Admissions/Exa ... Exam-Rules

[maiden42]

FYI...... as always, worth what you paid for them (unless you were one of the people that paid $395, then it's worth nothing).

https://barexamguru.com/2018/07/21/pred ... repeaters/

[maiden42]

For those who have already taken the exam, are we allowed to bring our stuff in a backpack, or do we have to keep everything in one of those gallon-sized zip locks like for the LSAT. This includes things like laptop, lunch, pencil, etc. Thanks!

Everything needs to be in a clear bag. Backpack and lunch stay outside.

http://www.calbar.ca.gov/Admissions/Exa ... Exam-Rules

I think we can bring a backpack to the testing center, but bag stays in the hallway?

[psg190]

For those who have already taken the exam, are we allowed to bring our stuff in a backpack, or do we have to keep everything in one of those gallon-sized zip locks like for the LSAT. This includes things like laptop, lunch, pencil, etc. Thanks!

Everything needs to be in a clear bag. Backpack and lunch stay outside.

http://www.calbar.ca.gov/Admissions/Exa ... Exam-Rules

I think we can bring a backpack to the testing center, but bag stays in the hallway?

Yes, in a hallway outside the testing center. This is a non-secure area.

[lokikoala]

So if you signed up for laptop testing, do you even bring your laptop for MBE(wed) or is that all pencil/handwritten?

Also, you're just supposed to bring your laptop on day 1 solo not in anything. Even a laptop case? I mean, that's what the instructions seem to say but feels a little ridiculous.

[estefanchanning]

So if you signed up for laptop testing, do you even bring your laptop for MBE(wed) or is that all pencil/handwritten?

Also, you're just supposed to bring your laptop on day 1 solo not in anything. Even a laptop case? I mean, that's what the instructions seem to say but feels a little ridiculous.

Lol, I mean...you can't even bring a separate eraser...so no case doesn't seem unusual.

[justanotheruser]

Pretty sure I had a few mixed MBE practice sets in the last 2 weeks before the exam where I scored below 70% several times, including as low as 63%. Still passed the bar and got over 150+ on the MBE.

Hang in there, push through, review answers to make sure you're not missing any details, etc.

Good luck!

My MBE scores have dropped a lot these past couple of days. I just did a 50 question mixed set on Adaptibar and got 60%. Anyone else have a similar problem?

[barprepforca]

I have been all over the map with mine. On adaptibar i'm right at 60% but ive been focusing on my worst subjects so im on pace to do better than that on the test. Then on the most recent set of barbri MBE questions I got 71%, 71%, 74%, and then 43% today so I freaked out and went back to adaptibar and got a 61% on exclusively property questions which is my hardest subject. I have no idea what's gonna happen on test day... i'm all over the map haha

[Call2222222]

My MBE scores took a hit the last few weeks when I took the bar exam. I was scoring with 70-75% accuracy consistently and then all of a sudden i dropped to 60% on multiple 50 set questions 2 weeks before the exam. I panicked and went right back to reading outlines and the law. That got me back to the 70% range (that’s where you want to be). If you’re scoring below 70% on the mbe you need to go back to reading the law and looking at the questions you got wrong and RIGHT.

Keep grinding. It’s almost over!

[FinallyPassedTheBar]

Here's my Adaptibar past performance table from last Summer. As you can see, the week before the bar, I slipped on Crim Law, Evidence, Real Property (almost a 15 point percentage drop!), and Torts. But I kept grinding, and managed to bounce back during the last few days before the bar. So keep grinding, you can beat this test!

[Blueplanet]

CA Bar does not permit separate erasers or pencil sharpeners but are you permitted pencils with an eraser on top? Thanks.

[estefanchanning]

CA Bar does not permit separate erasers or pencil sharpeners but are you permitted pencils with an eraser on top? Thanks.

No you can't erase on the bar

[Blueplanet]

On the CA Bar webpage it states "Pencil sharpeners and separate erasers will not be allowed into the examination room" so I was thinking that attached erasers were permitted.

[estefanchanning]

On the CA Bar webpage it states "Pencil sharpeners and separate erasers will not be allowed into the examination room" so I was thinking that attached erasers were permitted.

yeah no unfortunately it's part of them testing you to be a lawyer. stupid i know but they want to mimic how in real life you can't just "erase" bad decisions.

[JulyRepeater]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

[estefanchanning]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.