The July 2018 Michigan bar exam was a difficult (but fair) exam. In this post, we discuss an overview of our Michigan bar exam predictions as well as our Michigan bar exam seminar handout. On the whole, our seminar covered 9 of the 15 subjects tested. We actually predicted about 1/3 of the questions tested in full. This was a lower percentage than last February’s exam and last July’s exam (which you can read about on our Michigan bar exam seminar page).
Here, we will tell you exactly what was covered on the Michigan bar exam and/or predicted to appear on the Michigan bar exam.
Overview of the July 2018 Michigan Bar Exam Predictions and Seminar
Subjects/topics predicted or covered in full by the Michigan bar exam seminar:
- Agency: We predicted that Agency would come up on the Michigan bar exam. We also predicted that actual v. apparent authority would be the primary issue. Agency appeared and this was the primary issue tested.
- Wills: We didn’t think Wills was coming up, but we did think testamentary capacity would be an issue if it did. The seminar covered both elements of a valid will (issue one) and testamentary capacity (issue two). Thus, the Wills question was covered in full by the seminar.
- Personal Property: We predicted that abandoned property would be tested (and it was) as well as gifts (though we thought it would be a gift causa mortis). The seminar covered both of these issues in depth.
- Conflicts of Law: The Conflicts of Law issue regarding a choice of law with respect to a tort claim was covered in full by the seminar.
- Criminal Law: The Criminal Law issues regarding self-defense were covered in full by the seminar. We covered both common law and the specific Michigan Stand Your Ground statute that was tested.
- Criminal Procedure: We predicted search and seizure would be tested. Though a broad topic, this was predicted.
Subjects/topics predicted or covered in part by the Michigan bar exam seminar:
- Sales: We predicted Sales would come up in place of Secured Transactions, Creditors Rights, or Negotiable Instruments. We did not predict the precise issues tested but the Statute of Frauds was noted in the seminar handout. The Sales question was, on the whole, not very surprising.
- Family Law: Our seminar handout covered the established custodial environment issue tested as well as the standard needed to do so. It did not explicitly cover the law for parenting time, though we did note it was a lower standard than a custody change.
- Contracts: Anticipatory repudiation was covered by the seminar. The specific performance issue was not explicitly covered.
Subjects/topics not predicted or covered by the Michigan bar exam seminar:
- Real Property: The Real Property question tested tenancies (tenancy by the entirety and tenancy in common) as well as Michigan’s summary proceedings statute. While these were not covered by the seminar, they were not surprising issues either. We think our course students were well prepared to tackle this question.
- Corporations: We were surprised to see that piercing the corporate veil was tested. This was not predicted or covered in the handout. This is not a very surprising issue but it has not been tested recently on the Michigan bar exam.
- Civil Procedure: We were surprised to see that a motion to set aside a default was tested. This was not predicted or covered in the handout.
- Torts: We were surprised to see nuisance tested! This was the first time this was tested.
- Constitutional Law: This subject tested the 14th Amendment and equal protection (which could also be framed, in the context of the question, as a right to a fair trial or the presumption of innocence) which we noted was a highly tested issue in the seminar. However, we did not predict the unusual way this would be tested.
- Evidence: The specific nuance that was tested in MRE 404(a)(2) was not predicted or covered by the seminar.
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