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A Recap of the July 2017 California Bar Exam: Essays and Performance Test

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July 2017 California Bar ExamA Recap of the July 2017 California Bar Exam: Essays and Performance Test

Overall, the July 2017 California bar exam was difficult and lengthy! Here are our general thoughts about what was tested on the July 2017 California bar exam.

A Recap of the July 2017 California Bar Exam: Essays and Performance Test

July 2017 California Essays:

This is the first time that the California bar exam consisted of five essays (previously examinees had to write six essays). It did not surprise us to hear that many students thought they saw crossover essays (more than one subjected tested in an essay). Although there is one less essay question, the Examiners did not alter the scope of tested subjects on the exam.

The following subjects were tested:

1. Community Property

The Community Property essay was similar to previous essays testing this subject. Examinees were asked how certain assets should be divided upon divorce. Students reported that they were asked to discuss whether the following assets was properly transmuted: a gift to a spouse purchased using community property, inheritance, and a bank account. Further, students noted that they were asked to discuss whether the spouses breached their fiduciary duties to each other.

2. Remedies (Contracts)

The California Examiners frequently test Remedies. It can be tested in the Contracts context, Torts context, or both. According to students, the essay concerned contracts issues, such as anticipatory repudiation. As for the remedies, examinees were asked to discuss a temporary restraining order, a preliminary injunction, and specific performance. Because temporary restraining orders and preliminary injunctions are also tested in Civil Procedure, some students reported this essay as a Remedies/Civil Procedure crossover. We cannot state with certainty whether this was a crossover or a full Remedies question until the Examiners release the questions during the next few months.

3. Professional Responsibility (combined with Evidence)

Some students indicated that they thought this essay was a full Professional Responsibility question, while others noted that this was a California Evidence and Professional Responsibility crossover. According to a number of examinees, the first two questions asked students to explain and analyze attorney-client privilege, hearsay, and the work product doctrine using California law. The last question asked students to discuss professional responsibility issues according to both ABA rules and California rules. Again, we cannot definitively state whether this was a crossover or a full Professional Responsibility question until the Examiners release the questions during the next few months.

4. Civil Procedure

Civil Procedure appeared on the exam, which did not surprise us. Examinees recalled that this essay had five specific questions. Specifically, the question asked whether a plaintiff could join two unrelated claims, whether a pleading was sufficient, whether subject matter jurisdiction was present, and whether the plaintiff was entitled to a jury trial. Lastly, examinees were asked whether the federal court sitting in California should apply California law to the case at hand.

5. Torts

Students reported that the torts essay required a discussion of negligence, negligence per se, industry standards/custom, and strict liability.

If you feel unsure about what you wrote for any of the essays you are not alone! Many students found the Professional Responsibility and Civil Procedure essays to be particularly challenging.  Some students also reported in wondering whether they answered the Torts question correctly. Check out our post entitled “How will I feel after the bar exam?”. It is very likely that other examinees are feeling the same way as you.

July 2017 California Performance Test:

The July 2017 California Performance Test (CPT) asked students to write a persuasive letter to a District Attorney. Persuasive tasks were heavily tested on the 3-hour CPT. It did not surprise us to learn that this task appeared on the exam. This was the first time that examinees tackled a 90-minute CPT. Some students felt the CPT was relatively straightforward, with only one case in the library (although this one case did reference other cases). Others expressed confusion, noting that no template was provided for the format of the letter. Timing was an issue for a number of examinees.

This was a tough exam! Try not to get too hung up on what you wrote. How you feel about your performance does not indicate whether you passed. Post-bar exam anxiety is normal, but reward yourself for having completed the exam – go on vacation, spend time with family and friends, focus on your hobbies.

We will provide an in-depth review of the July 2017 California bar exam later this year once the Examiners officially release the questions.

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