We previously shared our predictions for the October 2020 California Bar Exam. If you missed that post, please click here for an overview. Before we go any further on this topic, we want to emphasize an important point – please study ALL subjects for the California Bar Exam and do NOT rely on these predictions alone. Truth is, you never know what the bar examiners are going to do at the end of the day. We can merely glean and find insight from past examinations in order to make our predictions.
The California bar exam covers a vast majority of legal rules within each subject. The wealth of information contained within each essay subject is one of the reasons the California bar exam is difficult to pass. However, the bar examiners love retesting issues and focusing their attention to specific legal rules that are tested over and over again. Based on this pattern and drawing from past exams administered, we have compiled a list of hot topics for the predicted subjects:
Professional Responsibility
Duty of loyalty; Duty of Confidentiality; Fee Agreements/Fee Sharing; Withdrawal; Safeguard Client’s Property; Malpractice; Duties to the Court; Duty of Competence
Community Property
CP vs. SP; Commingling Funds; Quasi CP; Gifts; Stock Options & Child Support; Transmutation; Putative Spouse; Debts; Torts
Trusts
Types of Trusts; Termination; Duties of Trustee; Abatement
Wills
Creation of Will; Formalities; Validity of Will; Revocation; Omitted Spouse/Child, Codicils; Ademption; Lapse/Anti Lapse
Criminal Law
4th A: Search & Seizure; Reasonable Expectation of Privacy; Terry Stops; Warrant Requirements (Applicable Exceptions)
5th A: Confessions; Miranda
6th A: Right to Counsel; When it Attaches
What has the CA Bar Exam tested in the Past? Including, but not limited to, confessions; confrontation clause; Miranda; checkpoint; right to counsel; speedy trial; due process; warrant requirements; warrant requirement exceptions; dog sniff; pre and post arrest statements; entrapment; plain view; and scope of search.
Constitutional Law
Establishment clause; Free Speech; Standing; 14th A/11th A; Dormant Commerce Clause; Privileges & Immunities; Equal Protection Clause; Takings Clause
Real Property
Covenants; Landlord/Tenant; Duties of Landlord and Tenant; Duty to Mitigate; Assignments; Breach of Warranty of Habitability; Breach of Quiet Enjoyment; Deeds; Easements; Nuisance (Public and Private).
