JD Advising’s February 2024 California Predictions

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.

JD Advising’s February 2024 California Predictions

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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.

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
• Venue
• 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

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

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)
• Easements
• Real covenants and equitable servitudes

• Takings
• 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

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)
• Defamation

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

Agency

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

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.

Trusts

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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