JD Advising July 2022 California Bar Essay Predictions

JD Advising July 2022 California Bar Essay Predictions

Are you starting to prepare for the July 2022 California Bar Exam?  Are you curious as to what subjects might appear on the July 2022 California Bar Exam essays?  We have taken a close look at the trends on the California Bar Exam essays and created our July 2022 California Bar Exam essay predictions.  Below is a survey of the essay subjects we think are worth extra attention.

JD Advising July 2022 California Bar Essay Predictions

Disclaimer: You should NOT rely solely on these July 2022 California Bar Exam essay 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 July 2022 California Bar Exam essay predictions.

Note: All of the suggested essays noted below can be found for free on the State Bar of California website.  You can find exam questions and selected student answers for all of the exams from July 2012 through February 2021 on that website.

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Agency and Partnership

Agency and Partnership is combined with Corporations under the subject “Business Associations,” which was just tested in February 2022.  The February 2022 question focused on Corporations, and not Agency and Partnership, however this is not surprising as Corporations tends to be more frequently tested than Agency and Partnership.  Nonetheless, Agency and Partnership was last tested in February 2020, so it is possible that the Examiners could test this subject on the July 2022 exam.  When the Examiners test this subject, they tend to test both Agency and Partnership, so be sure to review the common issues that could come up for both of these subjects!

Here are some essays we suggest you review to get started on Agency and Partnership:

• February 2020 (partnership formation; actual authority; apparent authority)
• February 2015 (vicarious liability; liability of partners; creditors’ rights)
• July 2014 (Combined with Corporations and Professional Responsibility—actual and 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 and Partnership topics.

Civil Procedure

Civil Procedure was last tested on the July 2021 exam.  It seems that the Examiners have been testing this subject slightly less frequently in recent years, including it on the essays about once every three administrations of the exam.  Nonetheless, we do think this subject is ripe for testing given its importance!  Civil Procedure is almost always tested as a stand-alone subject, so we do not expect to see this subject crossed over with another subject.  The Examiners almost always test the Federal Rules of Civil Procedure, but they did test California law on the July 2016 exam, so be sure to review the California distinctions for this subject!

We recommend that you begin preparing for a Civil Procedure essay by reviewing the following exam questions:

• July 2021 (diversity jurisdiction; venue; Erie Doctrine; discovery)
• July 2017 (joinder)
• July 2016 (California law; personal jurisdiction)
• July 2015 (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.

Community Property

Community Property was just tested in February 2022, and it was also tested in the two administrations before that (February 2021 and July 2021).  It is possible that this subject has become a new favorite of the Examiners, and you could see it tested again on the July 2022 exam!  Keep in mind that this subject frequently appears as a crossover subject on essays, having been recently crossed over with Wills and Trusts.  We do think that Wills and Trusts are ripe for testing, so the Examiners might decide to test all three subjects (Wills, Trusts, and Community Property) in a single essay!

• February 2021 (Pereira and Van Camp analysis)
• February 2019 (Combined with Wills—devising community property without other spouse’s consent)
• July 2018 (CP used to improve SP; commingled bank account; tracing; retirement pension; personal injury settlement)
• July 2017 (transmutation; fiduciary 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 Community Property topics.

Constitutional Law

Constitutional Law has not been tested on the California Bar Exam essays since July 2019.  It is usually tested about once per year, so this issue is ripe for testing!  Constitutional Law is usually tested as a stand-alone subject, but we have seen it tested as a crossover, most commonly with Real Property (where the issue tends to be eminent domain), and in July 2019 it was crossed over with Remedies.

To get some practice with Constitutional Law, we recommend taking a look at the following essays:

• July 2018 (Dormant Commerce Clause; Privileges and Immunities of Article IV; Equal Protection Clause; substantive Due Process)
• February 2018 (Establishment Clause; Free Exercise Clause)
• July 2016 (Procedural Due Process; standing; Eleventh Amendment)
• February 2014 (Free speech—content-based regulation; time, place, and manner regulation; vagueness)

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

Contracts was last tested in February 2021, where it was tested as a crossover question with Remedies.  Given that we usually see this subject tested at least once per year (and sometimes it is tested on both administrations in a calendar year!), this subject is ripe for testing!  Recent Contracts essays have appeared as crossover questions with Remedies, and the February 2018 Contracts essay was a crossover with Professional Responsibility.  We think Contracts could be tested as a standalone subject in July 2022, but be aware of these subjects with which it is frequently crossed over just in case the Examiners decide to test it as a crossover again!

We recommend reviewing the following Contracts essays:

• February 2021 (UCC—contract formation; perfect tender rule; disclaimer of warranties; expectation damages)
• February 2020 (Common law—preexisting duty; parol evidence rule; specific performance)
• July 2019 (UCC and Common law—formation (acceptance); Statute of Frauds; conditions)
• July 2018 (UCC—anticipatory repudiation vs. prospective inability to perform)

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.

Corporations

Corporations is now included in the subject labeled “Business Associations,” which includes Agency, Partnership, and Corporations.  Business Associations was just tested in February 2022, and that question focused on Corporations.  However, the Examiners tend to test Corporations more frequently than Agency and Partnership in the Business Associations essays.  Thus, it is possible to see this subject tested again in July 2022.  Also, be on the lookout for a Business Associations crossover question – we have seen it crossed over with Professional Responsibility quite a few times! 

• October 2020 (board meetings; derivative action by a shareholder; duty of loyalty – interested director transaction)
• July 2015 (Combined with Professional Responsibility—duty of care; fundamental changes)
• July 2014 (Combined with Professional Responsibility—federal securities law)

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. 

Criminal Law & Procedure 

This subject was just tested on the February 2022 exam and, in fact, that essay tested both Criminal Law and Criminal Procedure.  The February 2022 question included slightly more Criminal Law than Criminal Procedure issues, which is somewhat unusual, given that the Examiners have favored Criminal Procedure within this subject in the past several administrations of the exam.  Thus, if this subject is tested again in July 2022, we think it is more likely that the question would focus on Criminal Procedure this time.  Nonetheless, you should not ignore Criminal Law, since both subjects are fair game for the exam!

• July 2021 (Fifth Amendment—custodial interrogation, invocation of the right to remain silent, and right to counsel)
• July 2019 (Fourth Amendment—reasonable expectation of privacy; robbery)
• February 2018 (Fourth Amendment—warrant exceptions: plain view, consent, exigent circumstances; probable cause based on informant)
• February 2013 (inchoate crimes; receipt of stolen property; factual impossibility)

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

Evidence was just tested on the February 2022 exam, however, it appeared as a crossover with Professional Responsibility.  On that exam, the Examiners tested the California Evidence Code rather than Federal law.  So, we think it is possible that this subject could be tested again in July 2022, with it slightly more likely that the Examiners would test Federal law this time instead of California law.  Keep in mind, though, that there have been instances where the Examiners tested California law or Federal law back-to-back, so don’t ignore the California Evidence Code, just in case it is tested again!

• February 2019 (federal law—relevance; hearsay; witness testimony; impeachment)
• February 2017 (federal law—relevance; hearsay; authentication; impeachment; policy exclusions)
• February 2016 (California law—civil case; relevance; hearsay; impeachment; authentication; character evidence)
• July 2014 (federal law—relevance; hearsay; impeachment; leading questions)

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.

Professional Responsibility

Professional Responsibility is tested in virtually every administration, so it is pretty much a given that you will see a Professional Responsibility essay on the July 2022 exam.  On the February 2022 exam, Professional Responsibility appeared as a crossover question with Evidence, so we think the Examiners will test Professional Responsibility as a stand-alone subject in July 2022.

Here are some suggested Professional Responsibility essays you should review to prepare for the July 2022 exam:

• July 2021 (concurrent client conflict; supervision of nonlawyer)
• February 2021 (fee agreement; referral fee; solicitation; duty to report)
• July 2019 (partner/supervising lawyers and subordinate lawyers; fairness to opposing counsel; duty of loyalty re: disclosure of job offer)
• July 2016 (duty of confidentiality; representation of an organization and duty to report)

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.

Real Property

The February 2022 exam included a question testing the issues of nuisance and trespass, which we expect the Examiners to label “Real Property” as they did on the February 2018 exam (which tested similar issues), even though these are actually tort claims.  So, if the Examiners choose to test Real Property again on the July 2022 exam, we think they will test more “traditional” Real Property issues, such as easements, covenants, or recording acts.

You should begin your review of Real Property by looking at the following essays:

• February 2021 (easements; real covenants and equitable servitudes)
• October 2020 (joint tenancy; adverse possession)
• February 2019 (landlord-tenant issues)
• July 2016 (recording acts and shelter rule; warranty deed)

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. 

Remedies 

On the February 2022 exam, the question testing Real Property also asked, “What remedies may [the plaintiff] reasonably seek?”  So, we expect them to label this question as a Remedies question, as well as a Real Property question.  Given that this question tested tort remedies, it is possible that the Examiners could test Contract remedies should this subject be tested on the July 2022 exam.  Keep in mind that Remedies is commonly crossed over with Contracts, so it is entirely possible that you could see a Contracts/Remedies question on the July 2022 exam.

• February 2021 (Combined with Contracts—compensatory damages; expectation damages; consequential damages; rescission)
• October 2020 (Combined with Contracts—reformation; specific performance; temporary restraining order/preliminary injunction)
• February 2017 (Combined with Torts—compensatory damages; restitutionary damages; punitive damages)
• February 2016 (rescission; unilateral/mutual mistake; equitable defenses)

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.

Torts

As discussed above, the July 2022 exam contained a question testing the torts of nuisance and trespass, but we expect the Examiners to label this question “Real Property” rather than Torts.  So, Torts was last tested in July 2021 and could be tested in July 2022.  We usually see it tested about once every three administrations of the bar exam, and we also generally see it tested by itself, although it could be tested as a crossover with Remedies, like we saw in February 2017.

• July 2021 (negligence—premises liability; negligence per se; defenses to negligence)
• February 2020 (defamation; intentional infliction of emotional distress)
• February 2019 (strict liability—wild animals; negligence—premises liability)
• February 2013 (strict products liability; negligent products 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.

Trusts crossed over with Wills

The State Bar of California tends to test at least one non-MBE subject on the essays each administration.  Since we saw Community Property and Business Associations tested on the February 2022 exam, we think that Trusts and Wills are ripe for testing!  Trusts has not appeared since February 2019, so it is possible that the Examiners could test Trusts as a stand-alone question, however we frequently see it crossed over with Wills, so we think it is more likely that you will see a Wills/Trusts crossover question on the July 2022 exam.

We recommend you review the following essays to gain exposure to the issues we think are ripe for testing on the July 2022 exam:

• July 2021 (Wills & Community Property—execution of a will; capacity; intestate succession; pretermitted child doctrine)
• February 2019 (Trusts, Wills, & Community Property—creditors’ ability to reach trust property)
• February 2016 (Trusts—pourover will; revocation of trust; fiduciary duties of trustee)
• February 2015 (Wills & Trusts—charitable trusts and cy pres doctrine)

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 & Trusts topics.

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