The exam consists of three parts: five one-hour essay questions, one minute performance test, and the Multistate Bar Exam MBE. The parts of the exam may not be taken separately. On Tuesday, the applicants answer three essay questions in the morning and two essay questions and the performance test in the afternoon. The MBE is administered on Wednesdays. Applicants may be tested on any or all of the following subjects on the essay portion of the California State Bar Exam:.
With regard to Wills and Succession, applicants must be familiar with the following portions of the California Probate Code and specific areas of law:. As concerns the subject of Contracts, applicants should be familiar with the following sections of the Uniform Commercial Code: All of Article 1, all of Article 2, and that portion of Article 9 relating to Fixtures.
You must have a valid social security number to register to take the bar examination in California. If you do not have a social security number, you should apply for one immediately. Also, you must register as a law student before you may apply to take the bar examination or submit your moral character application.
If you have not registered as a law student, do so immediately. In addition to a bar examination, there are character, fitness, and other qualifications for admission to the bar in every U. Only the slightest movement is required to "break" into the house.
The door need not be locked either. Thus, by pushing the partially opened door to the garage open and subsequently entering the garage, Dan committed a breaking and entering. At nighttime: Although modern statutes have eliminated the requirement that a burglary be committed at night, the common law crime of burglary required that the burglary happen at night.
Here, the facts indicate that Dan drove over to Vicky's house at nighttime. Thus, the common law element and any modern statutory elements are met. Dwelling house of another: The common law definition of burglary required that the breaking and entering be of the dwelling house of another, that is, where the person lived and slept.
Modern statutes have expanded this element to include any structure such as an office building. Here, Dan broke into the garage of Vicky's house. Vicky did not sleep in her garage, but she did conduct her computer business out of her garage and frequently spent time in there.
Additionally, the garage was connected to the house by the door that Vicky entered when she heard the noise. Thus, the garage is part of Vicky's dwelling house, and this The element is also met under a modern statutory definition because a garage would be considered a structure.
Intent to commit a felony therein: A person must have an intent to commit a felony inside the dwelling house at the time that they committed the breaking and entering. Here, when Dan learned that Vicky was going away on vacation, he informed Eric that he planned to take all of her computers. Thus, Dan intended to commit larceny, analyzed below, once he broke into Vicky's house. He had this intent at the time he pushed the partially open side door.
Thus, Dan had the requisite intent to commit a felony once inside the garage, and his intent was simultaneous with his breaking and entering. Because Dan broke and entered into Vicky's garage, at nighttime, with the intent to commit a larceny, he has committed burglary.
Larceny: Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive. Trespassory taking and carrying away: A person must take the personal property from the possession of another and move the property, if only the slightest bit.
Here, Dan loaded Vicky's computers into the back of the truck. The computers were in Vicky's possession because they were stored in her garage as part of her retail computer sales business. Thus, Dan has met the element of a trespassory taking and carry away Personal Property of another: Here, the computers belonged to Vicky as she ran a retail computer business out of her garage.
Thus, this element is met. Intent to Permanent Deprive: Dan intent to take all of her computers, which he told Eric. Although the facts do not indicate what he was going to do with the computers once he took them, it is unlikely that he was going to return them to Vicky, especially after he pushed her out of the way and drove off with them. Thus, Dan acted with the intent to permanently deprive Vicky of the computers.
Because all the element for larceny are met, Dan committed larceny when he took Vicky's computers. Robbery: Robbery is the trespassory taking and carrying away of the personal property of another by the use or threat of force from the person of another. Here, Dan took the computers from Vicky's garage and loaded them into his truck meeting the requirement of a trespassory taking and carrying away.
The computers where Vicky's personal property, which she stored in her garage. Although Dan though Vicky was away when he entered the garage, Vicky heard him and stepping into the garage as Dan was loading the computers into the back of the truck. She stepped in between Dan and the truck, at which point Dan pushed her. Although the computers were not on Vicky's person, the computers were in the immediate area.
When she yelled at Dan, he pushed her by using force. Therefore, Dan used force to take the computers from the area in Vicky's immediate control. Because of the use of force when he took Vicky's computer, he has committed robbery as well. Battery: Battery is the unlawful application of force on the person of another, committed with the intent to cause the application of force to another. Here, Dan pushed Vicky out of the way when she stepped in between him and the truck.
This was the unlawful application of force on Vicky. He acted with the intent to push Vicky out of the way because he was trying to move her to escape. Thus, Dan committed a battery as well. Eric's Criminal Liability: Conspiracy: Additionally, statutes now include that an overt act be committed in furtherance of the conspiracy.
Here, Dan told Eric of his plan to take all of Vicky's computers while she was away on vacation. Eric told Dan that he wanted nothing to do with the theft although he let Dan borrow his truck knowing Dan would use the truck to take the computers away.
Eric did not agree with Dan to commit the burglary of Vicky's home. He did not have the same unlawful as Dan. Although he handed Dan his keys, which would qualify as an overt act, he did not have the intent to burglarize Vicky's home and steal her computers. Thus, he did not enter an agreement with Dan for the unlawful purpose of stealing from Vicky.
Eric is not liable for conspiracy. Accomplice Liability: An accomplice to a crime aids, encourages, counsels, or abets a person committing the crime, with the intent that the person commit the target crime. Here, Eric gave Dan his keys to his pickup truck so that Dan could use the truck to move the computers. This was aid to the principal, Dan, who actually committed the burglary because Dan was able to move the computers once he could use Eric's truck.
Although Eric wanted nothing to do with Dan taking the computer away, he told Dan that he could borrow his truck if he needed it to carry the computers away. Thus, although Eric did not want to actually take part in the burglary, he acted knowing that burglary would take place. He knew that Dan would use the truck to burglarize Vicky's house.
Eric had the requisite intent for accomplice liability. Because he both aided Dan in committing the crime against Vicky, and acted with the intent to aid Dan, Eric is liable as an accomplice. Vicarious Liability for the Target Crime: An accomplice is liable for the crimes committed by the principal if the principal's crimes were foreseeable. It was completely foreseeable that once Eric gave Dan the keys to his car, Dan would steal all of Vicky's computers and Dan would use Eric's truck to move them.
Additionally, it was foreseeable that Vicky might be home even though she told Dan that she would be on vacation; it is possible that her vacation plans had to be cancelled, as it turned out. If Vicky or anyone else was in the house, it was foreseeable Thus, Eric is liable for Dan's crimes of burglary, larceny, robbery and battery because all of these crimes were foreseeable once Eric gave Dan his keys to his truck knowing Dan would try and steal the computers.
Fred's Criminal Liability: Accessory after the fact: Under the common law, accomplices were liable as accomplices in the first degree or in the second degree based on how they aided the principal and when their aid occurred. Modernly, a person who aids a felon in his escape is liable as an accessory after the fact. This is a separate crime, and an accessory is not liable for the principal's target crime. Here, Dan immediately went to Fred's house after he drove off from Vicky's house.
He immediately told Fred what he had done. Thus, Fred knew that Dan was a felon and that he was trying to escape after he stole Vicky's computers. He aided Dan because he allowed Dan to hide the truck behind Fred's house. This would make it harder for the police to spot that truck that Vicky would report, and thus help Dan in his escape. Fred is liable as an accessory after the fact.
Unlike Eric who acted as an accomplice, Fred's liability as an accessory does not mean that he is also liable for the separate crimes that Dan committed. Receipt of Stolen Property: Receipt of stolen property requires that the person receive, buy, or accept property knowing that the property was stolen.
Here, Dan immediately told Fred what he had done once he arrived at Fred's house. Fred was aware that the computers belonged to Vicky, and that Dan had just unlawfully taken them from Vicky's garage. When Fred accepted two of the stolen computers in exchange for allowing Dan to hide his truck behind Fred's house, he accepted the property knowing that it was stolen from Vicky. Thus, Fred is criminally liable for the crime of receipt of stolen property.
Shortly after the surgery, Perry developed severe back pain at the location where the rod was inserted. Within the applicable statute of limitations for a tort action for negligence, Perry sued Doctor in federal district court, alleging that she was negligent in using Bolton s rod for the kind of back condition from which he suffered.
Personal jurisdiction, subject matter jurisdiction, and venue were proper. During a deposition, Perry s attorney asked Doctor to state whether she had performed any other spine surgeries using Bolton s rods and, if so, whether any of those surgeries had resulted in complications. Doctor s attorney objected to the questions on the ground that the information requested had nothing to do with whether Doctor was negligent as to Perry, and Doctor refused to answer. After the attorneys properly met and conferred concerning Doctor s refusal, Perry s attorney filed a motion to compel Doctor to answer the questions.
Shortly after the statute of limitations had run, Perry learned through a newspaper article that Bolton had been sued by several patients who alleged that they suffered severe back pain after Bolton s rod was inserted into their spines during surgery. Perry immediately sought and obtained leave to amend his federal complaint to join and include a claim against Bolton, alleging that it had negligently designed the rod. Bolton immediately filed a motion to dismiss Perry s claim against it on the ground that the statute of limitations had already run.
Perry also learned that Doctor had lost a lawsuit brought by another patient with a back condition like his who had also alleged negligence by Doctor for inserting Bolton s rod into his spine. Perry filed a motion for summary judgment against Doctor on the basis of preclusion.
How should the court rule on Perry s motion to compel Doctor to answer? How should the court rule on Bolton s motion to dismiss Perry s claim on the ground that the statute of limitations had run? How should the court rule on Perry s motion for summary judgment? Doctor 1. Perry's Motion to Compel Doctor to Answer Discovery provides fact-gathering tools for parties to obtain relevant evidence to the case.
The scope of discovery is broad but not limitless. However, a party may not discover privileged information. Therefore, the scope is broader than evidence admissibility as not only relevant evidence is discoverable, but also those that provide a good lead to relevant information.
Deposition is one of these fact-gathering tools. During a deposition, typically there is not judge present, but attorneys should still make proper objections for the future purpose of excluding any answers at trial. If an attorney does not make an objection during deposition to a question or an answer, it is considered waived and the same question cannot be objected to in the future. One deposed does not have to answer a question unless the answer would reveal privileged information.
Here, Perry's attorney asked Doctor to state whether she had performed any other spine surgeries using Bolton's rods, and if so, whether any of those surgeries had resulted in complications. Doctor's attorney objected on the basis of relevance - asserting that the information requested had nothing to do with whether Doctor was negligent as to Perry, so Doctor refused to answer.
The question asked is a relevant question because Perry is suing Doctor for negligence. In this case, Doctor performed surgery on Perry's spine to insert a metal rod designed by Bolton. Shortly after the surgery, Perry developed severe back pain where the rod was inserted. If Doctor has This is an open book examination. You may use any written materials that you have brought with you including. The Delta Gas store clerk, Clerk, was talking on the telephone,. Steven is the defendant in a negligence claim brought in Federal Court by Donna.
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Name of Course: Criminal Law Grade Level s : Brief Description Course Catalog : This course will deal with the basic legal terms, concepts, and principles of criminal law and procedures. HB0 Medical malpractice-use of expert witnesses. Michigan Prepared by Cardelli Lanfear P. Department One. Discovery Devices Automatic mandatory disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions.
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This article originally appeared in The Colorado Lawyer, Vol. Wacker, Ste. Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the. Federal Public Defender W. Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon.
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The following provisions of the Uniform Commercial Code should be used where pertinent in answering the essay questions:. Applicants should be prepared to answer questions that have issues concerning a variety of Business Associations, including, but not limited to Corporations, Sole Proprietorships, Partnerships General Partnerships, Limited Partnerships, Limited Liability Partnerships , Joint Ventures, Limited Liability Companies, and the principles of Agency inherent in business relationships.
Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Civil Procedure and the California Code of Civil Procedure. Applicants should be prepared to discuss the differences between the Federal Rules and the California Rules, especially those California procedures of pleading and practice that have no specific counterparts in the Federal Rules.
Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Evidence and the California Evidence Code. Applicants should be prepared to compare and contrast the differences between the Federal Rules and the California Evidence Code, especially where the California rules of evidence have no specific counterparts in the Federal Rules.
Professional responsibility issues may be included in conjunction with any subject tested on the examination. Applicants should be familiar with the following provisions of the California Probate Code and understand California law in the specific areas noted:.
Part 1. Chapter 1. General Provisions, Sections , , , Chapter 2. Execution of Wills, Sections Chapter 3. Revocation and Revival, Sections , , Part 6. This portion of the General Bar Examination is an objective six-hour examination containing questions, divided into two, three-hour sessions during which questions are administered. Lawyer-Client Relationship Chapter 2. Counselor Chapter 3. Advocate Chapter 4. We ask that you not rely solely on these predictions and study all essay subjects tested on the California Bar Exam.
Study all past essays and all PR rule statements in detail so that you can score high and compensate for other lower scoring essays. Professional Responsibility. Constitutional Law. Civil Procedure. Business Associations. The pass rate reflected an increase of The February Bar Exam was the second remote exam and second exam graded under the new passing score of We have spent the last few years working with California Bar Exam repeaters, which provided us with great insight into the crux of the problem: Why is it so difficult to pass the CA bar exam?
Focusing only on the essay writing component of the exam, we discovered a number of issues, but overall, it came down to 1 understanding the information, 2 retaining the information, 3 regurgitating the information, and 4 applying the information. All of which are essential to pass the California bar exam. Each CBB subject copy includes an essay checklist, simplified and easy to memorize rule statements, condensed study sheets, essay templates, essay cheat sheets, outlines, hot topics, essay tracking, MBE tips, issue spotting, mnemonics, and much more to help you pass the formidable CA Bar Exam.
Commercial Bar Review Courses 2. Next, guidance is provided for and information for studying for while in law school, along Safari, and Edge. The Performance Tests 4. The final tab provides information modern browsers such as the latest versions of Chrome, Firefox, to take after passing the. February California Bar Exam Predictions. Our reviews speak for themselves so feel free to checkout the barincluding commercial copy on Civil Procedure here. This website works best with steps that you should take a sample of a CBB with a checklist. Free Online Study Aids 3. The guide then provides links about the delivery of results. All of which are essential browser, you may see unexpected.This publication contains the six essay questions from the July California Bar. Examination and two answers to each question that were. Past Exam Questions for the California Bar Exam and the First-Year Law Students' Exam. I am always on the look for topics that people want to read on this of posts to the July California Bar Exam (CBX) essay questions.