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JD Advising’s February 2024 California Predictions

Note:  all the suggested essays noted below can be found for free on the State Bar of California website using the links below.

Disclaimer: You should NOT rely solely on these February 2024 California Bar Exam predictions when you study! You should review all subjects when preparing for the California Bar Exam. All subjects are fair game for the exam. This is just our educated guess on what will appear on the exam, which we do for fun! Sometimes we are right. Sometimes we are not! Please review our Free California Bar Exam Essay Guide for the highly tested topics and be careful not to ignore any subject! Now, onto our February 2024 California Bar Exam essay and PT predictions.

If you would like a PDF version of this post, please input your information below!

You can find our predictions for the essay subjects and PT by downloading our PDF. You can do so by filling out the form. Note: you will get our predictions as well as this UBE study guide.

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Civil Procedure

Civil Procedure was last tested in February 2023. There is no real pattern as to how frequently Civil Procedure is tested, but we think that, given the importance of this subject, it is ripe for testing in February 2024. When it was tested in February 2023, the issues included discovery and joinder. So, we think issues such as personal jurisdiction, subject matter jurisdiction, and venue are ripe for testing in February 2024.

Some Civil Procedure issues that are ripe for testing include the following:

• Personal jurisdiction
• Subject-matter jurisdiction
• Erie doctrine
• Claim and issue preclusion

To get some practice with Civil Procedure essays, we recommend looking at the following California Civil Procedure essays:

• July 2021 (subject-matter jurisdiction—diversity; venue; Erie doctrine; discovery; claim and issue preclusion)
• July 2017 (subject-matter jurisdiction; Erie doctrine)
• July 2016 (personal jurisdiction; venue [California law]; subject-matter jurisdiction)
• July 2015 (subject-matter jurisdiction; personal jurisdiction; claim and issue preclusion)

Note:   Your review should NOT be limited solely to the essays listed above! Please review our  free California Bar Exam Essay Guide  for the highly tested Civil Procedure topics.

Constitutional Law

Constitutional Law was tested in February 2023 and also in July 2022. It is tested, on average, once per year. It is therefore possible that Constitutional Law could be tested in February 2024, but we think that the State Bar of California may choose a different subject such as Civil Procedure, Evidence, and/or Real Property instead of testing Constitutional Law.

Constitutional Law is usually tested on its own, but has been crossed over with Real Property several times (February 2010 and July 2015) where the issue was a physical or regulatory taking. If Constitutional Law is tested in February 2024, we think this issue is ripe for testing as it has been a while since it was last tested.

The Establishment Clause is also a favorite of the examiners and has not been tested since July 2019. However, the previously applicable Lemon test was abandoned in 2022 in the Supreme Court’s decision in Kennedy v. Bremerton School District , 597 U.S. __ (2022). Thus, the law discussed in the released student answers of previous exam questions testing the Establishment Clause is no longer applicable should this issue be tested again.  Be sure to review the updated version of the law.

Some Constitutional Law issues that are ripe for testing include the following:

• Standing (this is an issue almost every time Constitutional Law is tested)

• The takings clause/eminent domain
• The Dormant Commerce Clause
• Free speech (content-based regulation; time-place-or-manner regulation)

To get some practice with Constitutional Law essays, we recommend looking at the following California Constitutional Law essays:

• July 2019 (organizational standing; Free Exercise Clause)
• July 2018 (Dormant Commerce Clause)
• July 2015 (eminent domain)
• February 2012 (free speech—time-place-or-manner restriction)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free California Bar Exam Essay Guide for the highly tested Constitutional Law topics.

Contracts was last tested in July 2022. It is tested approximately once per year, and so we think Contracts is very ripe for testing on the February 2024 California Bar Exam! Although Contracts is often tested on its own, it is also frequently tested as a crossover with Remedies. Although Remedies was just tested in July 2023, it is possible that you could see a question about Contract remedies, either classified as a Contracts/Remedies crossover question, or simply as a sub-issue of a Contracts question.

The Examiners generally test either common law or UCC principles when they test Contracts. The last two times Contracts was tested (July 2022 and February 2021), the question tested the UCC. Common law was last tested in October 2020. Although it is possible to see either (or both!) tested on an upcoming Contracts question, common law seems to be ripe for testing in February 2024.

Some Contracts issues that are ripe for testing include the following:

• Contract formation
• Parol evidence rule

• Substantial performance
• Expectation damages; restitutionary damages

To get some practice with Contracts essays, we recommend looking at the following California Contracts essays:

• February 2021 (combined with Remedies; contract formation; Statute of Frauds; remedies—expectation damages, consequential damages)
• October 2020 (combined with Remedies; damages—specific performance, expectation damages, preliminary injunction)
• February 2020 (consideration—preexisting duty rule; parol evidence rule; substantial performance)
• July 2016 (material vs. minor breach; anticipatory repudiation; damages)

Note:   Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide for the highly tested Contracts topics.

Criminal Law & Procedure

Criminal Law & Procedure was just tested on the July 2023 exam and is typically tested about once every other (or every third) administration of the bar exam. The July 2023 Criminal Law & Procedure question mostly focused on criminal law issues including burglary, arson, felony murder, and the necessity defense, but it also included criminal procedure issues including Fourth Amendment search & seizure and Fifth Amendment Miranda warnings.

If Criminal Law & Procedure is tested again in February 2024, we think the question more likely would focus on criminal procedure, particularly Fourth Amendment search & seizure. Although this issue came up on the July 2023 exam, it was a very small issue. This is a favorite topic of the California examiners and is frequently tested in great detail on Criminal Law & Procedure essays.

Some Criminal Law issues that are ripe for testing include the following:

• Accomplice liability
• Inchoate crimes (attempt and solicitation)
• Theft crimes (larceny, burglary, robbery)

Some Criminal Procedure issues that are ripe for testing include the following:

• Fourth Amendment search and seizure
• Miranda warnings and custodial interrogation

• Sixth Amendment right to counsel

To get some practice with Criminal Law & Procedure essays, we recommend looking at the following California Criminal Law & Procedure essays:

• July 2021 (Fifth Amendment; Fourth Amendment)
• October 2020 (accomplice liability; inchoate crimes)
• February 2017 (Fourth Amendment; Fifth Amendment; solicitation)
• July 2014 (Fourth Amendment; Fifth Amendment; Sixth Amendment)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide for the highly tested Criminal Law & Procedure topics.

Evidence was last tested in February 2023 and has been a recent favorite on the February administration of the bar exam, so we think Evidence is ripe for testing in February 2024!

When Evidence is tested, the Examiners either test the Federal Rules of Evidence or the California Evidence Code. The Federal Rules of Evidence were tested in February 2023 and the California Evidence Code was tested the three times that Evidence was tested before that (February 2022, February 2021, February 2020). Although either the Federal Rules or the California Evidence Code could be tested in February, we think it is slightly more likely that the Federal Rules of Evidence would be tested in February to make up for how frequently the California rules were tested in recent administrations.

Some Evidence issues that are ripe for testing include the following:

• Hearsay and relevance—these issues are on every single Evidence essay

• Character evidence
• Impeachment
• Lay witnesses and expert witnesses
• Policy exclusions

To get some practice with Evidence essays, we recommend looking at the following California Bar Exam Evidence essays :

• February 2022 (combined with Professional Responsibility; CEC tested; witnesses; hearsay; privileges)
• February 2017 (FRE; hearsay; authentication; witnesses; impeachment; policy exclusions)
• July 2014 (FRE; relevance; hearsay; impeachment)
• February 2012 (FRE; relevance; witnesses; hearsay; policy exclusions; best evidence rule; impeachment)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free California Bar Exam Essay Guide  for the highly tested Evidence topics.

Real Property

Real Property was tested in February 2023, however, before that, it was last tested in February 2021. Although there are other instances in which the California examiners have gone multiple administrations without testing Real Property, we would not be surprised to see Real Property tested in February 2024, which is why it is our wild card for the February 2024 administration of the California Bar Exam! Landlord/tenant law was tested in February 2023, so we think the Examiners would likely test a different issue if they test this subject again.

Real Property is almost always tested on its own. However, as discussed in the Constitutional Law section, we have seen questions labeled as Constitutional Law/Real Property that test the topic of takings or eminent domain. Since that issue was last tested in 2015, we think this is a Real Property issue that is ripe for testing.

Some Real Property issues that are ripe for testing include the following:

• Co-tenancies (joint tenancies, tenancies in common)
• Real covenants and equitable servitudes

• Zoning ordinances

To get some practice with Real Property essays, we recommend looking at the following California Bar Exam Real Property essays:

• February 2021 (easements; covenants and equitable servitudes)
• October 2020 (co-tenancies)
• February 2018 (nuisance; easements; takings)
• July 2015 (takings; zoning ordinances)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide for the highly tested Real Property topics.

Torts was just tested in July 2023, and that question was entirely about products liability. Although Torts is not as frequently tested on the essay portion of the California Bar Exam as some of the other MBE subjects, we think that, if it is tested again in February 2024, the question would focus on something like defamation or intentional torts.

The California Bar Examiners have tested Torts several times where they included issues such as vicarious liability (July 2021, July 2014, and February 2011). Vicarious liability is often thought of as an Agency topic, but the California Bar Examiners did not label the question as “Torts/Agency” when they tested this topic, they simply labeled it as Torts. So be sure to consider whether you need to discuss this topic even if the question does not appear to be testing the subject Agency!

Some Torts issues that are ripe for testing include the following:

• Negligence—negligence per se; defenses to negligence
• Vicarious liability of employer and indemnification
• Intentional torts (assault, battery, IIED, trespass to land/chattels, conversion)

To get some practice with Torts essays, we recommend looking at the following California Bar Exam Torts essays:

• February 2020 (defamation; IIED)
• July 2017 (negligence per se; defenses to negligence; strict liability)
• February 2016 (intentional torts—assault, battery, IIED, trespass to land, trespass to chattels, conversion)
• July 2014 (negligence; negligence per se; vicarious liability)

Note:   Your review should NOT be limited solely to the essays listed above. Please review our free California Bar Exam Essay Guide for the highly tested Torts topics.

Agency & Partnership

Prior to 2007, California only tested Corporations on the essay portion of the bar exam, but in 2007 changed the name of the subject to “Business Associations” and began testing Agency & Partnership principles in addition to Corporations. Despite this change, California still does not frequently test Agency & Partnership. It was last tested in February 2022, but a large portion of that Business Associations essay consisted of Corporations issues. Agency & Partnership were last tested without Corporations in February 2020. Although Business Associations was just tested in July 2023, that question focused largely on Partnership. Given that it has been over three years since Agency & Partnership has been tested on its own, it is possible that it could appear on the February 2024 exam, but we think the Examiners would be more likely to test Corporations rather than Agency & Partnership if they choose to test Business Associations.

Some Agency issues that are ripe for testing include the following:

• Actual authority; apparent authority; ratification

• Employee versus independent contractor
• Respondeat superior; vicarious liability

To get some practice with Agency essays, we recommend looking at the following California Bar Exam Essays:

• February 2020 (actual authority; apparent authority)
• February 2015 (combined with Torts—vicarious liability; actual authority; apparent authority)
• February 2013 (vicarious liability)
• February 2012 (actual authority; apparent authority)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide  for the highly tested Agency topics.

Partnership

Partnership was just tested in July 2023. The February 2022 essay also included Partnership issues, such as formation of a general partnership, but, as mentioned above, mostly focused on Corporations issues.

As discussed above, we think it is more likely that California will test Corporations than Agency & Partnership if Business Associations is tested in February 2024, but you should not ignore this subject, just in case it does come up!

Some Partnership issues that are ripe for testing include the following:

• Formation of a general partnership
• Liability of partners
• Creditors of the partnership and ability to collect

• Limited partnerships and limited liability partnerships

To get some practice with Partnership essays, we recommend looking at the following California Bar Exam essays:

• February 2022 (formation of a general partnership)
• February 2020 (formation of a general partnership)
• February 2015 (formation; joint and several liability of partners; creditors of a partnership)
• July 2014 (limited liability partnership; partner liability in tort)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide for the highly tested Partnership topics.

Community Property

Community Property appears to be a favorite of the California Bar Examiners, appearing on 8 of the last 13 administrations of the California Bar Exam. Of those 8 appearances, Community Property was tested on its own 4 times and tested as a crossover question with Wills 4 times.

Given that Community Property was not tested at all in 2023, we believe that this subject is ripe for testing in February 2024! As discussed below, we also believe Wills is ripe for testing, and so we would not be surprised to see a Community Property/Wills crossover question on the February 2024 exam.

Some Community Property issues that are ripe for testing include the following:

• Termination of the marital economic community (MEC)
• Transmutations
• Validity of a premarital agreement
• Capital improvements made to property

To get some practice with Community Property essays, we recommend looking at the following California Bar Exam essays:

• February 2022 (termination of MEC; commingled bank account; disability payment; fiduciary duties of spouses)
• July 2018 (community property (CP) used to improve separate property (SP); commingled bank account; retirement pension; personal injury settlement)
• July 2017 (transmutation; CP used to improve SP; fiduciary duties)
• July 2016 (transmutation; premarital agreement; termination of MEC; fiduciary duties)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide the highly tested Community Property topics.

Corporations

Corporations is now tested as part of “Business Associations.” As discussed above, Business Associations was just tested in July 2023, but that question largely focused on Partnership issues. The last time Corporations issues were really tested on the Business Associations essay was July 2022.

Given that Business Associations was just tested in July 2023, we don’t think that subject is as ripe for testing as some others, but we do think that, if the subject is tested, the question would likely focus on Corporations issues this time, rather than Agency or Partnership issues.

Also, the California Bar Examiners have tested Corporations and Professional Responsibility together several times (July 2015, July 2014, February 2011, and February 2008) and we think it is possible to see a Corporations/Professional Responsibility crossover question in February 2024! Be sure to consider issues that could come up in such a crossover (see our discussion of Professional Responsibility below)!

Some Corporations & LLCs issues that are ripe for testing include the following :

• Duty of loyalty and safe harbors

• Derivative action filed by shareholder
• Piercing the corporate veil
• Fundamental changes
• Federal securities law

To get some practice with Corporations essays, we recommend looking at the following California Bar Exam essays:

• October 2020 (shareholder derivative action; duty of loyalty)
• July 2015 combined with Professional Responsibility (duty of loyalty; fundamental change)
• July 2014 (federal securities law)
• February 2012 (piercing the corporate veil)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide  for the highly tested Corporations topics.

Professional Responsibility

Professional Responsibility has been tested on 27 of the last 28 administrations of the bar exam, so we know it is practically certain to appear on the February 2024 exam! Professional Responsibility topics tend to be difficult to predict as they are all over the place and the California Bar Examiners like to come up with new ways to test this subject each administration, so you should try to complete as many practice essays as possible to prepare for this subject! Since you know this subject is almost certainly going to be tested, it’s not a bad idea to spend a little extra time on this subject compared to the amount of time you spend studying the other essay subjects.

Some Professional Responsibility issues that are ripe for testing include the following:

• Conflicts of interest—current client conflicts

• Fee agreements
• Supervision of another lawyer or nonlawyer
• Organization as client (possibly crossed over with Corporations!)
• Unauthorized practice of law
• Duty of candor—offering false evidence

To get some practice with Professional Responsibility essays, we recommend looking at the following California Bar Exam essays:

• February 2021 (conflict of interest; fee agreement)
• February 2020 (fee agreements; conflict of interest; duty of loyalty to organization)
• February 2019 (supervision over nonlawyer; unauthorized practice of law)
• July 2015 combined with Business Associations (conflict of interest; business transaction with a client)
• July 2014 combined with Business Associations (duty of confidentiality; duty of loyalty; duty of candor)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free California Bar Exam Essay Guide for the highly tested Professional Responsibility topics.

Remedies was just tested in July 2023. That question was solely classified as a Remedies question, and not a crossover with Contracts and/or Torts. Even though this subject was just tested, it is so frequently tested that we would not be surprised to see it tested again. In the past 15 administrations of the California Bar Exam, Remedies has been tested on its own twice (one of those times being July 2023) and it was tested as a crossover question 7 times. Thus, we would not be surprised to see Remedies appear with another subject such as Contracts, or possibly even Real Property.

Some Remedies issues that are ripe for testing include the following:

• Compensatory and/or punitive damages
• Expectation damages for breach of contract
• UCC contract remedies
• Specific performance
• Equitable defenses—laches, unclean hands, waiver

To get some practice with Remedies essays, we recommend looking at the following California Bar Exam essays:

• February 2021 combined with Contracts (UCC; compensatory damages; expectation damages; consequential damages; rescission)
• October 2020 combined with Contracts (reformation; specific performance; compensatory damages; expectation damages; laches, waiver)
• July 2017 (temporary restraining order, preliminary injunction; specific performance; mistake/misrepresentation)
• February 2016 (mistake/misrepresentation; unclean hands; laches; reformation)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide for the highly tested Remedies topics.

The California Bar Examiners test Wills more frequently than Trusts, but when Trusts is tested, it is often as a crossover question with Wills.  In the past 20 years, there are only two instances in which Trusts was tested completely on its own without any Wills issues included in the essay. Therefore, because we think Wills is ripe for testing in February 2024, it is a good idea to anticipate at least one or two Trusts issues that could be included in a Wills essay. In February 2019, the California Bar Examiners actually tested Wills, Trusts AND Community Property all in a single essay, and so that is something to potentially watch out for in February 2024!

Some Trusts issues that are ripe for testing include the following:

• Creation of a trust
• Spendthrift trust
• Trustee’s fiduciary duties
• Charitable trusts &  cy pres doctrine

• Pourover wills (watch for this issue combined with Wills)

To get some practice with Trusts essays, we recommend looking at the following California Bar Exam essays:

• February 2016 (trust creation; pourover will; trustee’s duties)
• February 2015 combined with Wills (creation of a trust; pourover will; charitable trust & cy pres doctrine)
• July 2014 combined with Community Property (creation of a trust; trustee’s duties)
• February 2012 (creation of a trust; pourover will; trustee’s duties)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide  for the highly tested Trusts topics.

Wills and Succession

Neither Wills nor Trusts has been tested since July 2022, and so we do think some combination of these subjects is ripe for testing! Because Wills is tested slightly more often than Trusts, our guess is that Wills will be tested as a crossover question with Community Property (but this is just a guess!)  However, as discussed above, watch out for a Wills/Trusts/Community Property crossover question!

Some Wills issues that are ripe for testing include the following:

• Execution of a valid will
• Intestate succession
• Pretermitted spouse/omitted child
• Antilapse Statute

• Capacity and undue influence

To get some practice with Wills essays, we recommend looking at the following California Bar Exam essays:

• July 2021 (execution of a valid will; capacity; pretermitted spouse; intestacy; omitted child)
• February 2018 (pretermitted spouse; intestacy; omitted child; antilapse)
• February 2017 (execution of a valid will; revocation; intestacy)
• February 2015 (execution of a valid will; capacity—undue influence)
• July 2013 (execution of a valid will; interested witnesses)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our free California Bar Exam Essay Guide for the highly tested Wills topics.

JD Advising’s February 2024 California PT Prediction

Objective memorandum.

The Objective Memorandum is the most common PT task, appearing on 6 of the 11 PTs administered since July 2017 [1] . This common task has not been tested since July 2022, though, so we think this task is ripe for testing on the February 2024 California Bar Exam!

If you are unfamiliar with how to format an objective memo, take a look at our post on how to format an objective memorandum on the MPT . It is a good idea to know how to format an objective memo because usually formatting instructions are not provided on the exam.

To get some practice with objective memo tasks, we suggest that you complete a few tasks under timed conditions to determine your strengths and weaknesses. We recommend taking a look at the following objective memo PTs, all of which are available for free on the California Board of Law Examiners’ website:

• July 2022 : Niesi v. Gosling and Hardy
• February 2022 : In re Price
• February 2021 : Matter of I.B.I.

For some additional practice, you can utilize MPTs that are available for free on the NCBE website. Although California writes its own Performance Test and does not administer the MPT (Multistate Performance Test), we believe MPTs are nonetheless good practice for the California PT. We recommend reviewing the following objective memorandum MPTs:

• February 2018 : In re Hastings
• July 2017 : In re Zimmer Farm

Again, we hope you find these recommendations for suggested essays to review helpful as you prepare for the February 2024 California Bar Exam. We wish you good luck!

[1] Beginning in July 2017 California began to administer one 90-minute performance test per exam. Prior to this date, the California Bar Exam included two three-hour PTs. We recommend that you do not use any of the pre-July 2017 PTs as practice since the timing of a three-hour PT is much different from the timing of the 90-minute PT you will be given on your exam.

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Make This Your Last Time

Bar Exam Preparation

Dominating the Essays: Organize Issues and Prioritize Rules to Know on the Bar Exam

Ever wonder how you’re supposed to juggle everything in your head? How do you prioritize the rules to know for the bar exam?

How are you supposed to learn all this when time is tight? How do you tackle the massive body of rules to know?

How do you know you’ve completed the essay in full? Did you even talk about the correct issues? Are the graders going to give you the points? Are they even going to read your prose?!

You’d love to start practicing essays but feel like you just haven’t learned enough law yet. It’s overwhelming to even begin.

At least the answer is right there in MBE questions… If you’re a bar taker struggling with coming up with what to write, essays are the bane of your existence. Your rambling paragraphs start to blur.

Let’s breathe. We can simplify the essays and make them less scary…

Key takeaways:

• Issues: Learn not just the rules but also how to present and organize the issues (with examples below)
• Rules: Highest-priority issues and rules are those that have appeared in the past (there are two other priorities)
• There are efficient and effective ways to hit both of the above at once

Know not just the rules but also the issues

Put yourself in the essay grader’s shoes for a moment…, so now, as the applicant, what can you do to get the most points on the essays, 1) don’t write like a lawyer. write like a bar taker., 2) organize the issues., prioritize memorizing the rules and issues in this order…, 1) issues and rules that have appeared in past exams, including main issues, sub-issues, defenses, 2) issues and rules deemed important, 3) other fringe issues and rules that might come up (rule against perpetuities, anyone), take your practicing and memorizing to the next level.

Before getting into how to prioritize the rules for the bar exam, I need to emphasize something else first.

After working with readers and coaching clients over the years, there are two things that have become apparent:

• Writing essays on the bar exam is NOT about writing like a lawyer
• Issues are king (I talk about this more in this video )

That’s why gaining experience and intuition through writing bar essays is so helpful. You won’t be too surprised or lost on what to write about during the exam.

Meanwhile, some bar takers think they have to write a beautiful treatise so that bar graders can put on a monocle, do a deep literary analysis of the romance between P and D, and press it against their chest while looking out the window because your prose tugged at their heart.

The graders couldn’t care less about that LOL

If it helps, think about the time you watched someone slowly lose interest in you while being unable to do anything about it. And how futile texting them your thoughtful walls of text was.

You sigh at the pile of essay answers that waits for you every day.

You have thousands of the same shitty ass essays to sift through. You have to try to be consistent and fair across all those essays. You try your best at your thankless job, and all they do is complain about your “subjectivity.”

You also want to get through these essays as quickly as possible since you’re already getting underpaid. You’re already reading these answers while at the red light or sitting on the toilet. Your life is blurring together.

Perhaps it’s time to cut corners. Maybe just look for the headings and scan for keywords in the analysis…

This becomes a fairly mechanical process once you get through several similar issue patterns. Like fact patterns , there are corresponding issue patterns .

Prior law experience or creative writing will detract from answering the way graders want you to.

Practicing attorneys tend to not do as well on bar essays because this is a SEPARATE skill from real practice.

How do you write the way the graders want to see? Write like a bar taker instead:

Make the issues loud and clear. Punch the grader in the eyes by creating clear headings. Break out the sub-issues and elements into their own “street signs” for the grader.

Here’s an example of a major issue ( Contract Formation ) and an element (Offer) clearly called out, and their corresponding principles (rule statements):

In fact, being able to identify (or “spot”) and organize the issues is at least as important as knowing the rules. ( Here’s how to make issue identification a systematic process. )

It’s not about long-winded analyses or writing beautiful rule statements (neither got me to pass the first time).

Issues are where everything starts. An IRAC can’t sprout (and you get no points) from a seed that’s never planted.

Identifying the relevant issues is a signal to the grader that you understand what’s being tested. Rules and applications will naturally cascade down from the issues like a waterfall. Yes, you still want the meat of your answer written well.

Think of it as submitting a resume (or texting a girl). Hit the main points that the reader will care about. You’re but one out of a pile. Just a number. A hassle to go through. Better make the most out of the 10-15 seconds of the recruiter’s attention.

There is a certain logic and order to how you approach each issue.

Example of how to organize a call of the question in an Evidence essay:

You can even start to notice common issues that clump together (that you should discuss to get as many points as possible):

Here’s one for a Civil Procedure essay. Just plug and play the rules:

This is like 75% of the essay, so don’t freak out if it looks like a lot. But it’s a lot more structured than trying to start by typing a mess of words, right?

The best part: These issues clumps repeat! There are issue patterns like I said above. So if you see another SMJ or PJ question, just plug and play the same thing as here.

Outlining the issues and filling in the blanks should become a routine process because you will have seen the patterns so many times. Success is boring, not sexy.

If you have issues outlined like this, you’re pretty much home free. Do this for every essay, and you’ll know how to solve similar essays that appear on the bar exam.

OK, so that was about issues. Now about prioritizing rules…

Of course, you still need to know the law corresponding to the issues you identify. But if you need to prioritize, narrow the field of issues and rules in this order:

Issues and rules that have been tested a lot tend to be tested again. The more they’ve been tested, the more important they are.

Learn the important issues and rules by solving problems from the past and studying the answers.

• Find a collection of past essays and PTs here (for the California and Uniform Bar Exams).
• Find real MBE questions from sources such as Emanuel’s Strategies & Tactics for the MBE or AdaptiBar .
• Here are the biggest (highly tested) areas on the MBE.

You don’t need to have “learned enough law yet” before you dive into the pool! Trying to ensure that is exactly how I failed the California Bar Exam my first time.

Knowledge removed from the facts is nothing. It’s all artificial if you don’t know how to use it.

Seeing real problems will be productive because it will reveal what you know and don’t know. It’s like getting on the scale to measure yourself. THEN you can review and fill in the gaps.

The essay and MBE questions you go through now will become familiar fact patterns you might see again on the exam. Practicing and self-critiquing your work help you accomplish everything you seek:

• Getting better at identifying issues
• Memorizing and remembering rules through active recall
• Knowing how to apply the rules you memorized
• Picking the right answer on the MBE more often
• Gaining confidence

In other words, practicing will help solidify everything, including understanding and retaining the important concepts likely to be tested. Exciting!

You may not get through all the past essays, but you may have a feeling that there are issues and rules that would be good to know.

Maybe you’ve seen them around somewhere, maybe in law school or mentioned in a bar prep lecture. Typically, they’re listed in outlines .

You’ll still need to rote memorize these things, unfortunately. MBE questions especially may test you on specific obscure rules.

Note that I continue to mention issues and not just rules. That’s because memorization isn’t just about memorizing rules .

Better to at least get familiar in case they ask you about it.

When I retook the bar exam, there were essay questions I wasn’t sure how to answer because I didn’t know about zoning (issues I didn’t know about) and criminal prosecutor ethical duties (rules I didn’t know).

Even though my life flashed before my eyes thanks to these gaps in knowledge, I still passed the exam by focusing more on the first two priorities during bar prep than absolutely everything at once .

Now you know where to focus if you’re short on time. If you feel tempted to skip over subjects based on predictions , try this approach instead.

It’s still a lot to learn, though.

If you want to make the material more manageable and less overwhelming, check out Magicsheets and Approsheets.

Magicsheets condensed outlines contain all three of the above categories of priority—covering 95% of the testable issues and rules in 5% of the space of your bar prep course content.

Approsheets issue checklists and flowcharts help you hit all the relevant issues on an essay so you can stop having that “blank screen syndrome.”

It’s a no-brainer if you want to invest in your dreams:

• Bar Preparation Is Emotional Preparation: How to Turn Your Emotions into Something USEFUL

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CA Bar Final Forecast | July 2024

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Go beyond subject predictions in our Final Forecast ahead of the July 2024 California Bar Exam.

Join barmd founder, maureen macmanus esq, for a review of what issues have and have not been tested in recent years along with a packet of essays testing you on the issues discussed..

The Final Forecast is a BarMD student favorite we are excited to now offer to all studiers, no previous purchase required.

This class includes:

• Final Forecast Lecture, live on zoom, 7/16 @ 6 p.m. PST with recording posted within 24 hours.
• Final Forecast Essay Packet with Selected Answers
• Final 2 week study plan
• How to Organize an Essay When You Don’t Know Where to Start
• Lesson on Making up Rules when you have no idea what the rule is
• How to Better Guess on the MBE
• How to utilize your BarMD products in the final days ahead of the exam*

Leave with the perfect must study list to help you pass and add confidence from a review of what you’ll need to pass!

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February 2023 California Bar Exam Predictions

Updated: Mar 31, 2023

This document is confidential and intended solely for the use of the individual to whom it is addressed. You may NOT copy, reproduce, disseminate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content to any person, over any network, sell or offer it for sale.

You are hereby NOTIFIED that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited and is UNLAWFUL . You are prohibited from SHARING any information contained in this PDF document, including the actual essay predictions, or any or all social media, including Twitter, Facebook, Instagram, Snapchat, Reddit, and any other social media pages.

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As this document is a PDF digital file, there will be no refunds , all sales are final, and Cal Bar Bible, LLC does not offer any money-back guarantees.

The Good Stuff

Welcome back, folks! As many of you are aware, our prediction accuracy for the California Bar Exam has been unmatched to date. Hence, the small fee requested in exchange for a great benefit. This document, as always, should be used to better focus your area of studies for the upcoming California Bar Exam. We cannot make any guarantees as to our bar exam predictions and always encourage our students to study every subject that could be tested on the California Bar Exam.

Without further ado, here are Cal Bar Bible, LLC’s predictions for the February 2023 California Bar Exam (in no particular order):

1. Civil Procedure

2. Trusts & Wills crossover

3. Professional Responsibility

4. Real Property

5. Evidence (Federal/CA)

Wild card*: Torts and/or Crimes

A closer look at 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:

Civil Procedure

Discovery (scope/discovery tools); In Personem JX; Subject Matter JX; Joinder.

Trusts & Wills

Types of Trusts; Termination; Duties of Trustee; Abatement

Creation of Will; Formalities; Validity of Will; Revocation; Omitted Spouse/Child, Codicils; Ademption; Lapse/Anti Lapse.

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.

Real Property

Covenants; Landlord/Tenant; Duties of Landlord and Tenant; Duty to Mitigate; Surrender/Abandonment; Assignment/Sublease; Breach of Warranty of Habitability; Breach of Quiet Enjoyment; Deeds; Easements; Nuisance (Public and Private).

Hearsay; Relevance; Character evidence; Impeachment; Privileges.

Conspiracy; Homicide; Theft Crimes.

4th Amendment: Search & Seizure; Reasonable Expectation of Privacy; Terry Stops; Warrant Requirements (Applicable Exceptions)

5th Amendment: Confessions; Miranda

6th Amendment: Right to Counsel; When it Attaches

Negligence; Defamation; Strict Liability Torts; Torts Defenses.

We have spent the last few years working with California Bar Exam repeaters, which provided us with some insight into the crux of the problem of why it’s so difficult to pass the CA bar exam. Our materials are straight to the point and provide you with all the tools you need to pass the CA Bar Exam. Based on extensive of research, we have compiled a guide that will help overcome barriers faced by all bar takers – whether it’s your first time taking the exam, or you are a repeater, our Cal Bar Bible materials ( only $199 ) includes all subjects tested on 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, issue spotting, and much more to help you pass the formidable CA Bar Exam. Feel free to checkout a sample of a CBB copy on Civil Procedure here .

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