Chapter 1: What is Tested on California Bar Exam Essays?

What is Tested on California Bar Exam Essays?

Overview of the written portion of the California Bar Exam

The written portion of the California Bar Exam is typically given on the first testing day.

• In the morning session, you will have three hours to answer three California Bar Exam essay questions.
• In the afternoon session, you will have 3.5 hours to answer two California Bar Exam essay questions and a California Performance Test (CPT).

To complete these tasks within the required time period, you should plan to allocate about one hour per essay question and 1.5 hours for the CPT.

The five essays are worth 80% of the written portion of the California Bar Exam and 40% of the total California Bar Exam score. So, it is important to take the essays very seriously!

Subject tested on the essay portion of the California Bar Exam

Questions on the essay portion of the California Bar Exam may include issues from all of the following subjects:

• Business Associations (includes Agency and Partnership, Corporations)
• Civil Procedure
• Community Property
• Constitutional Law
• Contracts
• Criminal Law and Procedure
• Evidence
• Professional Responsibility
• Real Property
• Remedies
• Torts
• Trusts
• Wills and Succession

On the essay portion of the California Bar Exam, you should apply general law unless the question tells you to apply California law.

When California law is and is not tested on the essay portion of the California Bar Exam

California law tends NOT to be tested on the following subjects (so apply general law):

• Agency and Partnership
• Civil Procedure*
• Contracts
• Constitutional Law
• Corporations
• Criminal Law
• Real Property
• Remedies
• Torts

* California law was heavily tested on one Civil Procedure essay exam in the past. But most of the time, examinees are expected to apply general law. There is information to suggest that California Civil Procedure law may be tested more frequently now that federal Civil Procedure has been added to the MBE, so it is a good idea to be aware of the California distinctions.

California distinctions are frequently tested on the following subjects (so apply California law):

• Community Property
• Evidence*
• Professional Responsibility**
• Trusts
• Wills

*California law is heavily tested in Evidence! Be sure to know about Prop. 8, hearsay exceptions, and California-specific nuances.

**Examinees are almost always asked to apply both the ABA Model Rules of Professional Conduct and California Rules of Professional Conduct on Professional Responsibility essay questions. If the question is silent as to which law should be applied, you should apply both!

Go to the next topic, Chapter 2: California Bar Exam Essay Tips.

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