BOB’S FEBRUARY 2010 BAR HANDICAP ON ESSAY QUESTIONS
- Professional responsibilities – a cross check between zealous client representation and duty to the court should be expected.
- Remedies – Expect a crossover with a contract case for unfinished construction – this is getting to be a regular question.
- Civil Procedure – Know the rules!! Look for adequate service, and especially venue and jurisdiction.
- Contracts – this will be mixed with remedies and also will test the reasons you can void a contract.
- Will/Trusts – Look for a question on statutory share in wills, ending a class, and especially a trick about whether the will is valid, and watch out to see if the witnesses were takers under the will – make sure you know every way you can invalidate a will and expect a question on constructive trusts.
- Torts – Always expect a question on something beyond the usual criminal tort. Watch out for riparian rights, nuisance, trespass and whether someone’s building on another person’s property constitutes a valid taking after the statutory period, and make sure you know what tolls the statute (adverse possession).
- Constitutional Law – Make sure you know what courts can hear constitutional questions, and whether a state has the right to make certain laws affecting specific types of interstate commerce, and what the state’s rights are.
- Criminal Law and Procedure – Expect a question on a confession with a Miranda twist, and also about representation and when rights attach in a criminal procedure.
- UCC – know what it takes to perfect filings, and all of the questions about endorsers and who is a bona fide taker.
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