Category: California Bar Exam
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Jacob & Youngs v. Kent
Jacob & Youngs v. Kent, 230 N.Y. 239 (1921). Facts of the Case: In “Jacob & Youngs v. Kent,” the plaintiff, Jacob & Youngs, was a building contractor who constructed a home for the defendant, Kent. The contract specified the use of a particular brand of pipe, “Reading pipe,” in the construction. However, the contractor…
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Contracts Law Quick Review
Introduction to Contract Law Begin with the basics of what constitutes a contract, including the requirements of offer, acceptance, consideration, and mutual assent. Understand the objective theory of contracts: that a contract is formed by the outward manifestation of intent to contract as interpreted by a reasonable person. The Formation of Contracts Offer: Know what…
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Con Law Quick Review
Introduction to Constitutional Law Constitutional Law deals with the interpretation and implementation of the United States Constitution. The course typically examines the structure of the federal government, the powers of its branches, and the rights of individuals. The Structure of the Constitution Understand the layout of the Constitution, including the Preamble, the seven Articles, and…
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Contracts Attack Sheet for the California Bar Exam
What is the APPLICABLE LAW? The UCC governs the sale of goods, with applicable rules also applying to merchants. The Common Law are majority rules governing contracts other than the sale of goods. Mixed contracts are determined by the more important part of the deal, except divided contracts in which both UCC and common law…
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Wills & Trusts Crib Sheet for the California Bar Exam
EXECUTION OF WILLS Attested: Requires (i) writing; (ii) signed by T; (iii) in presence of two Ws; (iv) W’s sign will understanding that instrument is T’s will. In CA: W’s don’t have to sign in presence of ea other or in presence of T. T doesn’t have to publish that this is his will. Ts…
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Wills & Trusts Attack Sheet for the California Bar Exam
WILLS – ROADMAP Execution of Wills Attested Wills: (1) in writing (2) signed by T (3) in presence of 2 witnesses (4) who also sign Holographic Wills: (1) signed by T, (2) material provisions in T’s own handwriting Extrinsic evidence is admissible to determine T’s intent Date issues: inconsistent provisions, capacity Enforcement of Wills Incapacity…
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Essay Openers for Wills & Trusts on the California Bar Exam
Wills – Opening Paragraphs Choice of Law Under California law, where a domicillary dies in California, but executed a will in another state, that will can be admitted into probate in California only if (1) the will complies with California’s formalities of execution or (2) the will complies with the formalities of the place where…
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Wills on the California Bar Exam
WILLS Intent Capacity At the time of execution, testator must: (1) be at least 18 years of age; (2) be able to understand the extent of her property; (3) know the natural objects of her bounty (spouse, issue, parents, etc.); (4) now the nature of her act (that she is executing a will) Consequences: The…
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Trusts on the California Bar Exam
TRUSTS Private Express Trust: A fiduciary relationship with respect to property whereby one person, the trustee, hold legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create it for a legal purpose. Trust property: any presently existing interest in property that can be transferred can…
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Torts Outline for the California Bar Exam
Torts I. Intentional Torts Basics Two Steps: (1) identify the elements that a P needs to get to the jury, and (2) identify the affirmative defenses that the D can use. Prima Facie Case (generally): Act by the defendant (voluntary movement) With the specific (goal oriented) or general (knows w/ substantial certainty) intent to effect…
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Torts Attack Sheet for the California Bar Exam
TORTS Structure for an answer General Considerations Plaintiff is suing Defendant for X To establish a prima facie case for X, Plaintiff must prove… Here, Plaintiff will show…[analyze each element] Conclusion Defenses Problem Solving Approach I. General Considerations Vicarious liability Joint liability Survival Actions Wrongful death Immunities II. Intentional Torts Assault Battery False Imprisonment IIED…
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Remedies Outline Attack Sheet for the California Bar Exam
Remedies Tort Remedies DAMAGES Compensatory Damages: Plaintiff is entitled to compensatory damages to put her in the position she would have been had the wrong not occurred. Must show: Causation: “But for…” Foreseeability: The injury must been foreseeable at the time of the tortuous act Certainty: The damages cannot be too speculative. Applies to economic…
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Real Property Long Outline for the California Bar Exam
Real property I. freehold estates Present Possessory Estates Estate Language to Create Duration Transferability Future Interest Notes Fee simple absolute “To A and his heirs” “To A” Absolute ownership, of potentially infinite duration. Devisable (transferable by will), descendibile (transferable by statutes of intestacy if its holder dies w/out a will), alienable (transferable during life). None.…
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Real Property Essay Openers for the California Bar Exam
Real Property – Opening Paragraphs Landlord-Tenant Relationships Tenancy for Years A tenancy for years is a tenancy that continues for a fixed period of time. A tenancy for a period greater than one year comes under the statute of frauds, and thus must be in writing, signed by the party to be charged, to be…
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Landlord Tenant Law for the California Bar Exam
Landlord-Tenant Nature of the leasehold Tenancy for years Periodic tenancy Tenancy at will Tenancy at sufferance Assignment or sublease: By tenant: absent an express restriction in the lease, a tenant may freely transfer his leasehold interest. Assignment – An assignment occurs when the assignor assigns his entire interest under the lease to another. The assignee…
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Professional Responsibility Attack Sheet for the California Bar Exam
PROFESSIONAL RESPONSIBILITY Method: (1) identify the duty; (2) identify the breach; (3) identify what the lawyer should have done. Duties to the Client The duty of loyalty: The atty must exercise her professional judgment solely for the benefit of the client, free of compromising influences and loyalties. Concurrent Conflicts: An atty must not represent two…
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Performance Test Attack Sheet for the California Bar Exam
Performance Test – Methodology A 85 min (2-3:25) 5 min (3:25-3:30) 90 min (3:30-5) pproach Read general directions Read task memo Outline task memo Tear out task memo Read the library; put key words in the TOC Read the file; put key words in the TOC Re-focus on the big picture Write your answer…
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Evidence on the California Bar Exam Long Outline
EVIDENCE I. Relevance Two-Step Inquiry Is the evidence relevant (tends to prove or disprove a material fact)? General Rule: evidence that has any tendency to make a material fact more probable or less probable than it would be without the evidence it’s relevant (logical relevance), but evidence must relate to the time, event, or person…
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Evidence Attack Sheet for the California Bar Exam
Is The Evidence Admissible? Proper form? Leading? Proper purpose? Logical relevance – must tend to prove or disprove a material issue in dispute. Remember similar happenings. Legal relevance – should relevant evidence nonetheless be excluded? Judicial Discretion: probative value substantially outweighs risk of unfair prejudice, confusing the issues, wasting time, misleading the jury. Public Policy:…
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Crim Pro Outline for the Cal Bar Exam
criminal PROCEDURE I. Exclusionary Rule The Rule: A judge-made doctrine that prohibits the introduction of evidence obtained in violation of a defendant’s 4th, 5th, or 6th Am rights. Under the rule, illegally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded. Limitations Does not apply to the…