Recap of JD Advising’s February 2019 MEE Seminar Predictions
Below we discuss the accuracy of JD Advising’s February 2019 Multistate Essay Exam seminar predictions. We also note which issues surprised us! For the large part, we are thrilled to report that many of our predictions for the February 2019 Uniform Bar Exam were completely accurate.
Recap of JD Advising’s February 2019 MEE Seminar Predictions
February 2019 MEE Seminar Predictions: MBE Subjects
Until July 2015, the Examiners tested Civil Procedure on every exam! Even though it no longer appears each administration, it is still the Examiners favorite subject! We predicted that Civil Procedure would show up and it did. Further, we provided students a list of possible issues that were ripe for testing in a Civil Procedure fact pattern, including personal jurisdiction and subject matter jurisdiction. Indeed, both of these issues formed the majority of the Civil Procedure question.
We predicted that Criminal Law and Procedure might come up in a crossover essay with Evidence. Instead, the Examiners chose to purely test Criminal Law. We did tell our seminar attendees to be familiar with how theft crimes appeared on previous exams. In addition to the definition of the crime, the Examiners often expect students to discuss actus reus, mens rea and concurrence and we clearly outlined this in our seminar booklet. While the Examiners did test theft crimes (burglary, larceny, embezzlement, receipt of stolen property), none of these theft crimes had appeared on earlier exams. Thus, we did not predict these specific crimes.
We predicted that Torts could come up on the exam – and it did! We told our seminar attendees that it would be possible to see Torts tested in conjunction with Agency. However, the Examiners chose to solely test Torts. Specifically, we emphasized that negligence would likely appear, as well as res ispa loquitor. We are happy to report that these issues made up a significant part of the Torts question.
Agency & Partnership (with a possible Corporations and LLCs crossover)
We predicted that Corporations and LLCs would be tested or that Agency might be tested with Torts. Based on the feedback we received from examinees, it seems that a large part of the essay tested Agency and Partnership. We were not surprised to hear that Agency appeared on the exam (i.e. actual and apparent authority). Our seminar handout covered these very concepts.
However, we were quite surprised to learn that Partnership was tested on the exam as it had just been tested in February 2018. Nevertheless, our seminar handout detailed the majority of the issues covered in this question. These included the definition of a partnership and the ways that a partner may withdraw from a partnership, including rightful withdrawal. Some examinees reported that the other central issue in this essay was whether an LLC had been validly formed. Others said that the question asked whether an LLP had been properly formed.
Note: We have not seen the questions, so we are just relying on what we have heard. However, we are pleased to note that our seminar handout explained how to create an LLC as well as LLP. So, our attendees would have been ready for either scenario!
We predicted that Secured Transactions would appear on the MEEs and it did! We also predicted at least half of the issues posed by this question. In particular, we predicted attachment, perfection, priority between a judgment lien creditor and a secured party. In addition, our seminar handout detailed how a lender may dispose of the collateral in case of a default, including the fact that the sale of the collateral must be commercially reasonable, and that written notification of the sale is required. Further, our seminar booklet outlined the different remedies available to the debtor in the event that a lender does not follow the requirements set forth in UCC Article 9 when selling the collateral.
We predicted that Wills (Decedents’ Estates) would be tested but it did not show up on the exam. Instead, the Examiners chose to test Trusts again (it just came up on the July 2018 exam). This surprised us! Nevertheless, in our seminar, we told attendees spendthrift trusts and the differences between the rights of favored and non-favored creditors would appear. Indeed, these issues showed up on the exam! In addition, our handout outlined the duties of the trustee (loyalty, care) and these issues also appeared in the Trusts essay. Thus, we predicted at least half of the issues that appeared on the trusts question.
Overall, our seminar students had the upper hand going into the February 2019 Uniform Bar Exam as we predicted issues in almost every essay question! For Agency and Partnership and Civil Procedure, the seminar covered almost every issue tested in those fact patterns! For Secured Transactions, Trusts and Torts, the seminar detailed at least half of the issues that came up on the exam. With the exception of the Criminal Law question, the Examiners continued to write questions that focused upon issues that appeared on earlier exams. On the whole, we are pleased with the accuracy of JD Advising’s February 2019 MEE Seminar predictions.
Check out our Multistate Essay Exam seminar here if you are looking for an upper edge on the bar exam!
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