JD Advising’s July 2024 California Predictions

JD Advising’s July 2024 California Predictions

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Are you looking for July 2024 California Predictions? Are you curious as to what subjects might appear on the July 2024 California Bar Exam? You can see our JD Advising list of recommended topics and essays to review below.

**NOTE**: These are observations and recommendations to review. These are not formal “predictions” of what will be tested.

Will JD Advising make California Essay predictions for July 2024?

Yes, we plan to release a list of California Bar Exam essay predictions on July 1, 2024. Remember, these are just for fun! We are releasing these predictions closer to the bar exam date to help deter overreliance on predicted subjects.

Sign up below to get a PDF copy of this California study guide (the information in this post) sent directly to your inbox. The study guide now includes our July 2024 predictions!

For now, we highly recommend that you review all of the subjects and the highly tested topics, as well as other topics ripe for testing. Study your full bar exam outlines from your bar exam course! Also, download this post in the form above, download our Free California Essay Guide of highly tested topics, and sign up for our free resource center!

If you are looking for other resources, check out our most popular resources below.

• MBE One-Sheetsand CA One-Sheets, and MPT One-Sheets — rated five stars!
• NEW California Bar Exam Mastery Classwhere we give you a handout that includes illustrated drawings of highly tested issues and a live lecture by one of our California Bar Exam experts!

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 July 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 July 2024 California Bar Exam essay and PT predictions.

JD Advising’s July 2024 California Predictions

Civil Procedure

Civil Procedure was last tested in February 2023. In recent administrations, Civil Procedure is tested every third or fourth administration, which means that this subject is ripe for testing in July 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 July 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:

• February 2023 (necessary parties; discovery; work product)
• 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)

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 2024.  It is tested, on average, once per year, but has been tested in back-to-back administrations previously (July 2022 and February 2023; February 2018 and July 2018).  Therefore, it is possible that Constitutional Law could be tested again in July 2024.

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 2024, we think this issue is ripe for testing as it has been a while since it was last tested.

The Establishment Clause has been 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:

• February 2023 (prohibition against commandeering; Equal Protection)
• July 2022 (free speech – symbolic speech, overbreadth, vagueness)
• July 2019 (organizational standing; Free Exercise Clause)
• July 2018 (Dormant Commerce Clause)
• July 2015 (eminent domain)

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 tested in February 2024, but is often tested in consecutive administrations and you should thus review this subject ahead of the July 2024 bar exam.  Although Contracts is often tested on its own, it is also frequently tested as a crossover with Remedies.  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 three times Contracts was tested (February 2024, 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 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:

• July 2022 (UCC; 2-207 battle of the forms; Statute of Frauds—sale of goods; perfect tender rule; expectation damages)
• 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 tested on the July 2023 exam and again on the February 2024 exam as a crossover with Evidence. It is typically tested about once every other (or every third) administration of the bar exam, but has been tested in consecutive administrations in the past (July 2023 and February 2024; July 2021 and February 2022).  Therefore, you should review Criminal Law & Procedure in case it is tested in July 2024!

Criminal Law & Procedure essays often combine criminal law AND criminal procedure issues, but the February 2024 essay (which was combined with Evidence) only included criminal procedure issues.  The July 2023 Criminal Law & Procedure question tested both criminal law (trespass, burglary, arson, homicide) and criminal procedure issues (Terry stop, 5^th Amendment Miranda warnings).  Thus, it is possible that either (or both!) criminal law or criminal procedure could be tested in July 2024.

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 2023 (theft crimes; homicide; Fifth Amendment)
• February 2022 (inchoate crimes; homicide; Fourth Amendment)
• July 2021 (Fifth Amendment; Fourth Amendment)
• October 2020 (accomplice liability; inchoate crimes)
• 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 tested in February 2024 in combination with Criminal Procedure.  When Evidence is tested, the Examiners either test the Federal Rules of Evidence or the California Evidence Code. The California Evidence Code was tested in February 2024, 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). Thus, we think you should review both the Federal Rules of Evidence and the California Evidence Code in preparation for the July 2024 exam as it is entirely possible that either set of rules could be tested.

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 2023 (authentication; Best Evidence Rule; hearsay; lay vs. expert witness testimony; impeachment)
• 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)

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 it was only tested 3 times in the last 10 administrations of the California Bar Exam, historically, it is tested about once per year, therefore we think Real Property is ripe for testing in July 2024!  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 2023 (landlord/tenant law)
• 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 tested in July 2023 and is tested about once every three administrations. The July 2023 question was entirely about products liability and so, if Torts is tested in July 2024, we think the question would focus on something like defamation or intentional torts.

The California Bar Examiners have tested Torts several times where they included the issue of 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:

• July 2023 (products liability)
• February 2022 combined with Remedies (public and private nuisance; trespass to land)
• July 2021 (negligence—premises liability; negligence per se; defenses to negligence; vicarious liability)
• February 2020 (defamation; IIED)
• February 2016 (intentional torts—assault, battery, IIED, trespass to land, trespass to chattels, conversion)

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. Agency issues including actual and apparent authority came up on the February 2022 Business Associations essay question, but most of that question was about Corporations.  Prior to that, Agency was tested in February 2020.

As discussed below, we think Business Associations is ripe for testing in July 2024, and we think Agency, Partnership, and Corporations could all come up on a Business Associations essay this upcoming administration, so you should review all of these subjects carefully!

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 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 Business Associations is ripe for testing in July 2024 and, we think that essay could include any combination of agency, partnership, and/or corporations issues, so you should review all three subjects carefully!

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 9 of the last 14 administrations of the California Bar Exam. Of those 9 appearances, Community Property was tested on its own 5 times (most recently in February 2024) and tested as a crossover question with Wills 4 times.

Even though this subject was just tested in February 2024, we could still see it tested in July 2024, given its popularity with the Examiners.  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 July 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)
• February 2021 (accounting methods for valuation of property: Pereira and Van Camp)
• 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 last 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.

Although Business Associations is not tested as frequently as some of the other subjects, we do think this subject is ripe for testing in July 2024.  More specifically, we think Corporations is ripe for testing since it has not been tested since July 2022!

Also, the California Bar Examiners have tested Corporations and Professional Responsibility together several times (July 2015, July 2014, February 2011, and February 2008) and so you should also prepare for the possibility of a Corporations/Professional Responsibility crossover question in July 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:

• July 2022 (shareholder agreement; derivative action; ultra vires acts; duty of care)
• 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 28 of the last 29 administrations of the bar exam, so we know it is practically certain to appear on the July 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:

• July 2023 (duty of loyalty to an organization; duty to report outside organization; duty of confidentiality)
• February 2023 (conflict of interest; duty of confidentiality, duty to communicate with client)
• 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)

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 July 2023, but is frequently tested, and so we would not be surprised to see it tested again in July 2024.  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.

Sometimes the Examiners ask about Remedies within a Contracts question, but simply label the question a “Contracts” question rather than a “Remedies/Contracts” crossover question.  So, it could be said that Remedies is actually tested more often than the above statistics suggest.  As such, we strongly encourage you to review this subject in detail as it could very well come up on the July 2024 exam in a multitude of different ways!

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:

• July 2023 (constructive trust; equitable lien; preliminary injunction; specific performance; rescission; reformation)
• February 2022 combined with Torts (compensatory damages, punitive damages, preliminary injunction)
• 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)

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 July 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 July 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 2019 combined with Wills and Community Property (revocable trust; creditor’s ability to reach trust property)
• 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 July 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 July 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 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 July 2024 California Bar Exam. We wish you good luck!

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[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.