The California bar exam covers a vast majority of legal rules within each subject. The realm 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 since 2002, we have compiled a list of hot topics per subject.
MBE Subjects:
Contracts
Contracts formation/breach of contract, anticipatory repudiation/material vs. minor breach, contract modifications, statute of frauds, damages, remedies crossover
Civil Procedure
Subject matter jurisdiction, personal jurisdiction, erie doctrine, discovery obligations
Evidence
Relevance, hearsay, impeachment, privileges
Real Property
Landlord property law, easements
Constitutional Law
Standing, first amendment, fourteenth amendment, takings clause
Crimes
Fourth amendment, fifth amendment, crimes against property/persons, defenses
Torts
Negligence, products liability, defenses, torts remedies crossover
Non-MBE Subjects
Business Associations
Corps: fiduciary duties, derivative action, shareholder rights, conflicts, director duties. Agency/Partnership: LLPs, general partnerships/authority, fiduciary duties, dissolution
Remedies
TROs, Preliminary Injunction, specific performance, defenses, equitable remedies: reformation, rescission, conversion, misrepresentation remedies, restitution.
Community Property
CP vs. SP, commingling funds, quasi CP, gifts, stock options & child support, transmutation, putative spouse, debts, torts.
Professional Responsibility
Duty of loyalty, duty of confidentiality, fee agreements/fee sharing, withdrawal, safeguard clients property, malpractice, duties to court.
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.
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