Friday, February 26, 2010

It's all over now (for most of us) except for the waiting, (and the grading.)

I only really studied for this one in the last week before the exam.  The need to try to earn some money was greater than my need to study.  And honestly, I feel like I did no worse this time than last time when I got a 1398 (1403 on first read).  This time, though, I spent a greater percentage of my time practicing PTs, because that's my weak area.  If I had scored 10 points higher on those last time, I would have passed.  The first time too, back in July 2007, for that matter.

I do think, however, that I'll keep reading the outlines, and making my own, something I didn't do in law school, until at least May 14th.  For an hour or so per day.   Probably.  Maybe. 


Anonymous said...

You did it!
you did it!
you did it!

You should be so proud of yourself that you did not give up!

Did anyone see the Crim pro/con law question?

Anonymous said...

I just may hold you to that hour a day kinda semi-commitment...

Big hugs back to you lil' bro.

---your ACE hugger

Anonymous said...

I'm sorry, what crim problem? Maybe I blocked that out already...

I'm impressed that you all can think about studying again!

It felt so good to throw those outlines in the hotel garbage basket this morning!

Not that I'm optimistic. I never heard of a regulatory taking and certainly never mentioned it in an essay. Also I bombed trusts. Eeeeek.

Enjoy the weekend!

Anonymous said...

It doesn't bother me any that I didn't study con law at all for this exam since even if I had, I would not have paid any attention to the takings clause. Although... perhaps I would have at least known which amendment... or that it has to do with just compensation. Wondering in advance what a 45 will feel like.

Anonymous said...

Hi Poobah,

First, I want to say . . .THANK YOU! I found your blog as I was studying for the CA bar over the last two months and it has provided me with a lot of good information and insight into the exam.

Having said that (and after having sat through my first administration of the CA bar exam) I must say that I am truly, truly inspired by your dedication to pass the CA bar. IT IS HELL and I can see why people who do not pass on the first or second try say . . "forget it" (not that I intend to ...) but I just wanted to say that you are helping people out there, so don't ever let the "a-holes" that post rude comments on here get to you!

Finally, anyone know what the lowest possible score is that you can achieve on the Essays or Performance Test? (lol) I feel really bad about an essay (Trusts) AND the last performance test on tribal law ..threw me off and I had a "mini meltdown". So I am just wondering do they actually give zeros or ????

Anonymous said...

From my understanding, the lowest score is a 40.

On questions that have specific calls:

1. If you completely blow an entire question, you get a 45.

2. If you completely blow 1 out 2calls of the question, you get a 50.

3. If you completely blow 1 out 3 calls of the question, its a 55.

On issue spotting questions:

Start with an 80 and minus 5 points for every issue you didn't spot. For example, if you don't spot 3 issues, you get a 65 (assuming there are many issues of course)


Anonymous said...

I bet you passed this time... I can feel it!

Shannon said...

I am still a 3L in a part-time program in Santa Clara CA but I have been intrigued by your blog over year.

You know what I do "feel" you pass this time.

Keep your thought and energy level-up, optimistic and re-charge it on a daily basis because the energy work does make some effect no matter you believe it or not.

Your psychic friend Shannon

Anonymous said...

that regulations con law essay... really threw me for a loop... I saw the 14th ammendement procedural due process and how it applied to the states through the 5th, but I kept thinking there has to be other issues besides 10th amendment, zoning, eminent domain, that i completely forgot to discuss standing, and had my own sort of "meltdown" because I was sure there had to be more.. ie "commerce clause" "contracts clause" or something.. it just drove me crazy.... now i can see that a 55 will be a lucky score...

Anonymous said...

geez I'm so glad I passed before the bar changed the format

Anonymous said...

I don't think there was anything beyond discussing a TOTAL and PARTIAL taking. The calls were very specific, hence any discussion regarding procedural, substantive due process, or zoning ordinances was unnecessary.

Had the question been "what constitutional arguments can D make" then it would be a different story, but the fact that the calls asked you to discusss 1) total and 2) partial takings, meant to only focus on that

Anonymous said...

As for me, I believe my arguments and structure are much better than the last time. Whether that turns into better points I do not know. I do feel better about it than last time. Should I not pass, I've decided to hit the PT's much harder. IT IS AN OPEN BOOK TEST! Each five point increment there is worth ten points on an essay.

However, GP, I hope neither of us need it. :)

Anonymous said...

The real answer to what the bar wanted will come when sample answers are released. For a preview tutors will release their share of what they believe the bar wanted....Until that time no one knows.

Anonymous said...

A score of 45 is considered "wholly without merit"

-previous bar grader

Anonymous said...

I know several people who took the bar 4 or 5 times, and then decided not to study very much for the next try. Then they passed.

As someone who has been in a calibration session for the bar, I can state with some authority, that 40 points is given on an essay for simply stating the area of law. A 55 is called "crash and burn" but the graders. Otherwise, there isn't a set formula for grading all the essays, but missing a major issue will get no more than a 55, since, well...they crashed and burned. I asked the guy in charge if he had every given a 100 to a two page essay. He said "yes", and that was because quality mattered not bulk.

Anonymous said...

Your profile states "I'll be 52 years old whe I get the news tht I passed." How long ago was that written?

Lets change the age and look forward. Positive thinking!

Anonymous said...

I said, holla at a playah.

The Grand Poobah said...

Anon 9:32: I've been changing the reference to my age as I've gone along. It started out at "50". As my birthday's in September, if I don't get positive news in May I'll be updating it again, to "53".

Anon: 11:39: It's more like, "Holla at a takah. I'm looking for "Holla at a passah!" (;-)>

Anonymous said...

recap request, recap request.

Anonymous said...

Yes I'd like to hear what you thought of the essays and PTs from February exam as well!

Anonymous said...

I would continue to study. I did that after taking the the July 2008 bar because I just didn't want to be overwhelmed if I didn't pass.

Well, I passed but never gave up and you shouldn't too.

Anonymous said...

i second the request for a recap.


The Grand Poobah said...

A recap?!? Egads. Maybe. I'll have to work on it.

Anonymous said...

I was definitely not prepared for this bar. It was my first time taking it and due to health issues I was not able to study as hard as I intended to. Any ways, I feel that the essays were extremely hard. Does anybody have a recap of the possible issues on the morning essays, specifically the second one?

youcandooooit said...

Here's what i remember...

Q1 Contracts
-Applicable law: common law
-insecurity vs anticipatory repudiation
-minor breach vs material breach
--compensatory: expectation and consequential
--no punitives

Q2 Partnership/Prof. Responsibility
-LLP fails because it was not filed
-GP created--for profit
-share losses equally
-vicarious liability
-Liable for tortious act of partner in furtherance of
-Duty of Care/competence
-Duty of Confidentiality
10% Fee Splitting involved???

Q3 Trusts/Wills
Trustee breach of fiduciary duty of:
-Loyalty: benefitting on benficiary over others;
-Care/diversify: common law rule v UPIA (uniform prudent investor act)
---traditionally looked at per investment
---modernly, look at whole
------under both fails because housing was at its peak and not expected to be the safest investment in 2007, and trust could end at any not cool to invest it all in real estate.

-Pretermitted/omitted child--takes intestate share first

Q4 Contract Remedies
Specific Performance:
-Unclean Hands
-oral modification w/out consix
-adequate remedy at law/cts don't like involuntary servitudes

-Detrimental reliance/unjust enrichment

Q5 Con Law--Takings
Eminent domain: takin for legitmate reasonable public use...needs just compensation
-viable use remaining
--can have picnics and relay rally's

Partial-regulatory taking
--reasonable economic use remaining
--investment backed expectations
--diminution in value
conclusion: no taking--gov't can be expected to pay up every time someone's application gets rejected

Q6 Community Property
-Prenup:need more facts...(a) voluntary (b) signed writing
-Pereira/Van Camp
-debt after physical seperation with no intent to resume is her own

PTA Persuasive Opinion Letter
can someone do a recap of this?

PTB Memo of P and A
A1 non-member
A2 forget
B1 no need to exhaust
B2 1331; tort not contract

Essays: hard because of the particularity of issues
PTs: rushed on time. for PTA there seemed to be so much...and I may have done a no no. Wanted to seperate out the legal contentions of each party to the actual argument. so one section was titled legal contentions, and I wrote out each of there 3 arguments in bullet form. Then discussed thos three in the argument.

youcandooooit said...

Oh and I realize that the Q6 Call 3 required necessities prior to final dissolution...tricky

Anonymous said...

Thanks a lot for the recap, it is great, it helps a lot. I got some of the issues;however, the question is whether I covered them adequately. I totally didn't write much on the first day on question #2. I just discussed negligence on their part and that they are equally liable based on their agreement to share profits and losses, and of course the PR issues. I suck!!

RE: MBEs I was shocked to find out how hard they were. I used adaptibar and other books, did over 2000 and I found that the BAR MBEs were much harder. I recognized about 8-10 questions only. Did anybody experienced the same?

Anonymous said...

GP recap request, recap request!

Anonymous said...

I did find the MBE's difficult. I didn't recongize any.

I used PMBR and BARBRI and did 30 a day. I am worried. Does anyone know what portion is experimental?

The Grand Poobah said...

Ten of the questions are experimental.

And I agree about questions from PMBR, BarBri, and the ones released by the NCBE. They are all from before the PMBR lawsuit. After the NCBE won the lawsuit against PMBR they changed the format of the questions. The only company that has adapted their MBEs to the new format is Emanuel. If you do a search for Emanuel on my blog you'll find many observations by me to that effect.

As for me, I found them ... typical. Familiar. I was comfortable with them, which is probably a very bad thing. But I didn't find them to be hard.

Of course, I won't know anything until May 14th; or 17th.

Anonymous said...
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Anonymous said...

Poobah, typical and familiar is a good thing. You don't want to sit down, look at the question and say "that's interesting." Knowing it already is a good sign.

Anonymous said...

GP when you say Emmanuel for the MBE are you referring to Strategies and tactis book? I so, I used it and there are, for the most part, the same as adaptibar.

Question: I wonder how many of you paid for barbri or any other prepcourse. I had the barbri miniconvizer, adaptibar, and Bar breaker & nailing the bar, so I used them for self-preparation. I keep banging my head against the wall n ow because I feel that I may not pass and may be I should have paid for the prep. I didn't take it even though I had the money saved exclusively for that purpose, but I had found a job, need the money, and I didn't want to quit the job to find myself in the situation where I failed the bar and on top of that be jobless.

For my second time, if need be, I don't know what to do. Any insight anybody??

The Grand Poobah said...

No, the Strategies and Tactics book contains the old-style MBEs. To get what I call "the reformulated" ones, you need to buy their more advanced package. I'm not sure what it's called but it involves many books and lectures.

Anonymous said...

Did ppl hit the Fee Splitting issue on Q2? that one was tricky

The Grand Poobah said...

I did, but I can't tell you exactly what I wrote.

Well, I could tell you, but then I'd have to kill you. (;-)>

Seriously, I know I did write about the fee splitting problem, but I can't recall how I approached it.

Anonymous said...

Regarding PT A, in the contentions of each party section. Think it's bad that I put out each sides contention in 3 one sentence bullet form?

How did everyone organize that, I kept the intro, procedural and factual history, and contentions short, so i could get the the argument.

Anonymous said...
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Anonymous said...

The Feb 2010 questions and PTs have been posted to the CalBar site.