JD Advising’s July 2023 California Bar Exam Predictions

JD Advising’s July 2023 California Bar Exam Predictions

Are you preparing for the July 2023 California Bar Exam? Are you curious as to what subjects might appear on the July 2023 essays and PT? You can see our JD Advising list of recommended topics and essays to review below.

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JD Advising’s July 2023 California Bar Exam Predictions

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

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

If you are looking for other resources, please check out the following:

• Free California Bar Exam Essay Guide of highly tested topics! It is free, so you cannot go wrong! (While you are at it, check out our highly rated free MBE Guide, which was just updated!)
• Free resources center where you can find all our popular bar exam posts and guides in one place!
• MBE One-Sheets and California Bar Exam One-Sheets—rated five stars!
• Free bar exam webinars taught by top bar exam experts
• We have plenty of other California Bar Exam services that can be found here.

Disclaimer: You should NOT rely solely on these July 2023 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 July 2023 California Bar Exam essay and PT predictions.

Below is our California Bar Exam Study Guide, which includes all of the subjects and topics. 

To see the predictions, please download them after agreeing to the terms above. 

JD Advising’s July 2023 California Essay Study Guide

Civil Procedure

Civil Procedure was just tested in February 2023 where the issues included discovery and joinder. California does not frequently test Civil Procedure on the essays in back-to-back administrations, but it has happened (it was tested February 2019 and July 2019; it was tested February 2015 and July 2015; and it was tested July 2012 and February 2013). If the California examiners chose to test Civil Procedure again, they might focus on a topic like jurisdiction or venue

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 just tested in February 2023 and also in July 2022. It is tested, on average, once per year, so it would be somewhat surprising to see Constitutional Law tested for a third time in a row in July 2023.

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 July 2023, we think this issue is ripe for testing as it has been awhile 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.

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 ripe for testing on the July 2023 California Bar Exam!  Although Contracts is often tested on its own, it is also frequently tested as a crossover with Remedies and, since Remedies has not been tested since February 2022, we believe it is possible that the California Bar Examiners could test Contracts and Remedies together as a crossover question in July 2023.

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 July 2023.

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 has not been tested since February 2022, so we believe this subject is ripe for testing on the July 2023 exam!  The February 2022 Criminal Law & Procedure question focused mostly on Criminal Law with a small Criminal Procedure issue, so we think a Criminal Procedure issue like search and seizure or interrogations & confessions is ripe for testing!  However, even when the Examiners largely focus on Criminal Procedure within a question, they also usually incorporate some Criminal Law issues (see, e.g., July 2019 in which the question largely focused on the Fourth Amendment, but also included a question about robbery).

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:

• Miranda warnings and custodial interrogation

• Sixth Amendment right to counsel
• Fourth Amendment search and seizure

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 7 Procedure topics.

Evidence

Evidence was just tested in February 2023. Evidence has been a recent favorite on the February administration of the bar exam; it has not been tested in July since 2018. When Evidence is tested in back-to-back administrations, it is usually tested once on its own and once as a crossover question. So, although we don’t think Evidence is necessarily ripe for testing in July 2023 since it was just tested, perhaps if the California Examiners test it, they will test it as a crossover question. Evidence has appeared as a crossover question with Remedies and Professional Responsibility, but it could really be crossed over with any subject that involves the admissibility of evidence in court.

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 July, we think it is slightly more likely that the Federal Rules of Evidence would be tested in July if this subject is tested 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 we don’t necessarily think that Real Property is ripe for testing in July 2023, given that the California Bar Examiners went three administrations without testing this subject, we wouldn’t be entirely surprised to see it tested again in July.  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 should they choose to test this subject again.

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 last tested in February 2022 as a crossover question with Remedies.  Although Torts is not as frequently tested on the essay portion of the California Bar Exam as some of the other MBE subjects, we do think that Torts is ripe for testing in July 2023! Torts is sometimes tested as a crossover subject with Remedies and, although we predict that Remedies will be tested with Contracts in July 2023, it is possible that you could see a Torts/Remedies crossover question this administration.

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
• Strict products liability
• Vicarious liability of employer and indemnification
• Defamation

• 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.

If you need more help on this subject, check out our California Essay Exam Mastery Class, where we go over all the topics most likely to appear on the California Essay Exam, difficult topics that students tend to have trouble with, and more!

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. 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 July 2023 exam, but we think the Examiners are more likely going to test Corporations than Agency & Partnership if they choose to test Business Associations.

We have also seen Agency issues like vicarious liability come up in Torts questions, even when the question is labeled just “Torts.”  As discussed above, we think Torts is ripe for testing in July 2023, so you should consider how Agency principles could be tested within a Torts question!

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

The February 2022 essay included Partnership issues, such as formation of a general partnership, but, as mentioned above, mostly focused on Corporations issues. The California Bar Examiners have never tested just Agency or just Partnership—rather, these subjects are always tested together. Thus, issues like authority of partners in a partnership and liability of partners are common topics in Agency & Partnership essays.

As discussed above, we think it is more likely that California will test Corporations than Agency & Partnership if Business Associations is tested in July 2023, 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 12 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 on the February 2023 exam, there is certainly a chance that it could be tested in July 2023. However, our guess is that it won’t appear (but this is just a guess!). If it is tested, it seems slightly more likely that it would be tested on its own since it was last tested as a crossover question with Wills.

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.” It was last tested in July 2022, but given the frequency with which this subject has been tested in recent administrations, this is our wildcard! We think that it could come up if one of our other predictions is not tested on the July 2023 exam!

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 July 2023! 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 26 of the last 27 administrations of the bar exam, so we know it is practically certain to appear on the July 2023 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, 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 last tested in February 2022 (and actually appeared twice on that exam!). Given that Remedies is tested about once per year, we think Remedies is ripe for testing in July 2023! The last 10 times Remedies was tested, it appeared as a crossover question 8 of those 10 administrations. It is most frequently crossed over with Contracts (our prediction for July 2023!) or Torts, but we have also seen it tested as a crossover question with Corporations, Constitutional Law, and Evidence.

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

• Compensatory damages
• Expectation damages for breach of contract
• UCC contract remedies
• Rescission and/or reformation
• 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.

If you need more help on this subject, check out our California Essay Exam Mastery Class, where we go over all the topics most likely to appear on the California Essay Exam, difficult topics that students tend to have trouble with, and more!

Trusts

Between Wills and Trusts, the California Bar Examiners seem to like to test Wills more often, but we do think that Trusts is ripe for testing in July 2023! It has not been tested since February 2019. It is not uncommon to see Trusts tested as a crossover question with Wills and/or Community Property, thus it is especially important to consider the types of issues that could come up should such a crossover question appear on the July 2023 exam!

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

As mentioned above, the California Bar Examiners tend to test Wills more often than Trusts.  Wills was last tested in July 2022.  While it is possible that Wills could be tested in July 2023, we think Trusts is more likely to be tested, given the length of time since it was last tested. However, we would not be surprised to see a Wills/Trusts crossover question! Also, in recent administrations, every time Wills has been tested, there have been Community Property issues contained within the Wills question. Thus, be sure to contemplate how Community Property could affect the testate or intestate distribution of a decedent’s estate!

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 July 2023 California Performance Test Prediction

Persuasive Brief

Although the Objective Memorandum is the most common PT task, appearing on 6 of the 11 PTs administered since July 2017. (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 the July 2023 exam.)

We think California is likely to test a persuasive brief since that task has not been tested since February 2019.

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

To get some practice with persuasive brief 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 persuasive brief PTs, all of which are available for free on California Board of Law Examiners’ website:

• February 2019: People v. Raymond
• July 2018: In the Matter of Abigail Watkins

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 persuasive brief MPTs:

• July 2012: Ashton v. Indigo Construction Co.
• February 2013: In re Guardianship of Will Fox
• February 2014: In re Rowan
• July 2016: Nash v. Franklin Department of Revenue

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 the July 2023 exam.

We hope you find these recommendations for suggested essays to review helpful as you prepare for the July 2023 California Bar Exam. We wish you good luck!

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