bar exam essay predictions

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Bar Exam Preparation

Predictions for the Bar Exam (What to Focus On for Efficient Study)

Before every exam, a handful of people come out of the woodwork and shamelessly ask about subject predictions for the bar exam.

“Does anyone know the essay predictions?” “What do you think will be tested?” “I don’t think ____ will appear on the exam.” “Anyone think ____ will be tested?” “I know we’re not supposed to listen to predictions, but…” “What are ____’s predictions?” “Here are my MEE predictions!”

Whose speculations are you going to listen to?

If you’re like many bar takers, or if you’re a repeater, you say: “Haha of course I’m not going to rely on the predictions. I shall adequately study all the subjects. You should too!”

And then you panic and look at the predictions anyway.

Did you want me to tell you, “Aww poor baby, don’t worry. It’s normal and happens to the best of us 🥺”?

You SHOULD worry if you’re secretly tempted to rely on predictions… because this kind of thinking is entirely predictable and avoidable. Sweating about predictions is not a good place to be and requires intervention.

Also, remember when subjects actually leaked for the California exam in 2019 and people got mad over it? Do you want to know the subjects ahead of time or not? Make up your minds!

Maybe you’re too young to remember ancient history. I’ve been dealing with you people for too long.

Here’s why you should look toward essay/MEE predictions for entertainment value and morbid curiosity only (and 3 things you can focus on instead):

ENOUGH! This is just making me mad now.

You already “know” you shouldn’t blindly rely on predictions.

You already “know” this isn’t the right way that will help you pass the bar exam.

Like a toxic relationship, some people will keep trying to force it to work anyway as you watch in horror.

I’m not saying you can’t take an extra look at the predicted subjects or review them more closely when you’re short on time. Honestly, I’d be doing this too in your position.

All I’m saying is that I’ve never heard of anyone being glad that they gambled on predictions (or worse, paid hundreds of dollars to people who prey on the desperation of bar exam takers).

Sometimes they’re mostly spot on. Sometimes they are way off the mark.

How will you know which it will be this time?

Bottom line, you can’t rely solely on predictions. Hope is not a strategy.

Stop playing defense hiding behind predictions and huffing hopium. Play OFFENSE from a position of strength and confidence.

There are other better ways to strategize your approach if all you want is to take control of your bar prep.  I can give you these three ideas on what you might try focusing on instead for a better experience.

These are useful hints to make your studies more informed and predictable.

1. The Tripod Approach for studying for the bar exam

I initially proposed this with California takers in mind, but you can apply this to your particular exam based on your score split across essays, PT, and MBE, as well as any other known/predictable factors.

The Tripod Approach (in this example for the California bar) suggests focusing on these three areas that make up the bulk (70%+) of your score:

• Professional Responsibility essay (practically guaranteed to appear)—focus on identifying issues over deep analysis since the call of the question is usually broad. For example, “What ethical violations, if any, has L committed? Discuss under ABA and CA rules.”
• Performance test (~14% of overall score and often neglected despite having a higher concentration of points per time allotted than an essay)
• MBE (50% of overall score and accounts for 3-4 of the subjects tested across the 5 essays )

By stabilizing a few key areas that you  know  will be tested, you can coast a bit on the rest of the exam while letting everyone else cry about predictions.

More details in this article about this approach and how to prepare for each of the three “legs” of the tripod.

• Focusing on the MBE (50%) and the MPTs (10% x 2)?
• Making sure you understand tough MEE subjects that tend to appear like Secured Transactions?
• Selecting an easier and more portable jurisdiction to take the exam in?

2. Identify YOUR strengths and weaknesses over others’ bar exam predictions

Personally, I’d focus more on my weak subjects than subjects that are “likely to appear” in the next exam. Gambling on predicted subjects or only your strong suits makes you a glass cannon.

Don’t risk your bar license and another 6 months of your life based on hope. Hope is not a strategy.

It’s not putting in the time itself that makes you better. Improvement comes from constant feedback and learning every time you try to solve a difficult problem.

So stop ignoring or simply “reading up” on the subjects you don’t like. Techniques that are just shown to you are useless if you don’t get up and try them yourself. Lean into the discomfort so you don’t become a glass cannon.

3. Pay extra attention to MBE subjects (including highly tested MBE topics)

Preparing for the MBE is not only easy to jump into since you’re at least familiar with the subject matter from law school—but the MBE also tests important subjects that also appear in essays.

Moreover, MBE subjects do double duty. If you’re taking the California Bar Exam, at least 3-4 of the 5 essays will touch upon MBE subjects. In other jurisdictions too, MBE subjects will absolutely be tested on some of the essays.

So if you wanted to prioritize your attention in a Hail Mary or do some last-minute review, MBE subjects are where your effort would go (many of which may coincide with the predictions of your choosing).

Of course, make time in your study schedule to hit non-MBE subjects. I said to focus more—not only—on MBE subjects.

There are highly tested areas within the MBE itself you can further focus on, too. Again, don’t only study solely these areas. This is just to guide your prioritization.

If you want to supplement your MBE prep, you have some excellent options:

Emanuel’s Strategies & Tactics for the MBE (8th edition) is a great start. It has a short guide for each subject as well as excellent explanations for NCBE-licensed questions selected to cover a wide range of testable issues.

If you want something more robust and more analytical, you have two main choices: AdaptiBar and UWorld MBE QBank .

Free trials are available for both, so you can try them out yourself. I review AdaptiBar here and UWorld here . Here’s a comparison of both .

• How Doreen Passed One of the HARDEST California Bar Exams (33.9% Pass Rate)

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How to Practice Essays in the Final Weeks Before the Bar Exam

February 5, 2020 By Natalie Nicol Leave a Comment

In order to successfully prepare for and pass the bar exam, you must have a strategy for practicing essay questions. It’s especially important to maximize your efforts on practice essays in the final weeks before the bar exam. This post outlines some tactics you can implement to make the most out of the practice essays you do in the three weeks leading up to the bar exam.

Do a Self-Assessment and Make a Practice Plan

You’ve made it to the final three weeks before the exam. At this point, you should be done with learning the substantive law and should be focused primarily on review, rule memorization , and timed practice. This is a great time to stop and do a self-assessment so that you can use your remaining time effectively.

Take a look at all of the subjects tested on the essay portion of the exam in your state. Be honest with yourself about how you feel about each of the essay topics and how much time you’ve dedicated to memorization and practice in each. Rank the subjects from “most confident” to “least confident,” and make a plan to devote extra time to your weaker subject areas.

Although it’s tempting to keep reviewing the rules and subjects you know best, now is the time to focus on your areas for improvement. You must expose yourself to the different ways issues in these subjects are tested on the essays and reinforce your understanding of the law. You should do at least one extra timed practice essay for all of your weaker subject areas (ideally, you’ll do two or more). For your stronger areas, you can continue reviewing your memorization outlines and may want to simply review fact patterns and outline essays on scratch paper in order to stay fresh.  

Transition to Closed-Book Practice

If you haven’t already, you must transition to closed-book practice no later than three weeks before the bar exam. Many students think that they can’t start doing closed-book practice until they’re “ready.” The reality is that it’s much better to realize that you don’t know a certain rule or how to analyze an issue from the comfort of your own home than in the testing center on exam day. You must push yourself to get out of your comfort zone and start doing closed-book practice. This is the best way to prepare for exam day and will help you feel confident when you open the essay packet.   

Critically Review Sample Answers

In the weeks leading up to the exam, you may feel like you’re in a time crunch and that doing as many practice essays as possible is the best use of your time. However, simply completing a practice essay without critically evaluating your performance will not help you prepare or improve.

After every timed practice essay, set aside at least 30 minutes to review your answer and compare it to sample answers from past bar exams. In most states, samples released by the state bar typically go far beyond what is needed to achieve a passing score. Nevertheless, you’ll want to check your practice essay against these answers and make sure that you have spotted all of the major issues and that your rule statements are precise. If you’re in California, you may want to purchase a subscription to BarEssays.com , which has a database of real scored essays for you to use as grading rubrics.

If you’ve missed issues, go back to the fact pattern and make sure that you understand which facts were relevant to this issue. If your rule statements are lacking, revisit your memorization outline and make sure that your materials are accurate. Commit the correct rule to memory and move on to the next practice essay.

Issue Spot and Outline Essays

The experienced bar exam tutors at Bar Exam Toolbox advocate for doing as much timed practice as possible . We also understand that you’re human and only have 24 hours in a day. If you need to take a short break from timed full practice essays or have only a few extra minutes to spare, you can still benefit from issue spotting and doing a scratch-paper outline for an essay. There are only so many different ways that bar examiners can test issues on essays. Reviewing a fact pattern and doing an outline can help you hone your issue-spotting skills and refine your strategy for outlining and preparing to write your essays.  

Use Essay Predictions Wisely

In many states, bar prep companies or local attorneys will release essay subject predictions. It can be very tempting to focus only on the subjects that these purported “gurus” forecast for the exam. Doing so is a risk that has come back to haunt many bar applicants when these predictions turn out to be wrong. If you rely on predictions at all, consider doing one or two extra practice essays in the subjects that seem more likely to be tested than others. You must be prepared to be tested in all of the possible subjects.

Make the Most of Your Remaining Time and Prepare to Pass!

With a lot of hard work and dedication, you can make a significant amount of progress on the essay portion of the bar exam in a short period of time. By implementing these strategies, you can study smart (not just hard) and make the most of your remaining time before the bar exam. Good luck!

Ready to pass the bar exam? Get the support and accountability you need with personalized one-on-one bar exam tutoring or one of our economical courses and workshops . We’re here to help!

About Natalie Nicol

Natalie Nicol is an in-house corporate lawyer who works on a broad range of legal issues, including intellectual property, privacy, employment, corporate, transactional, and tax matters. She is an Internet Law & Policy Foundry Fellow and Project Manager for Without My Consent, a non-profit focused on combatting serious online invasions of privacy. Natalie earned her J.D. from UC Hastings College of the Law in 2013 with a concentration in Intellectual Property Law and her B.A. from Arizona State University in 2008. During law school, she was an intern at the Berkman Center for Internet & Society at Harvard University (now the Berkman-Klein Center), the Electronic Frontier Foundation (EFF), and the First Amendment Project. In her spare time, she enjoys yoga, cooking, and live music.

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July 2023 Bar Exam Predictions

Are you preparing for the Bar Exam ? With the July 2023 Uniform Bar Exam just around the corner, candidates are starting to feel curious as to what subjects might appear this year on the Multistate Essay Examination. Below are our July Bar Exam Predictions.

Please note that it is always challenging to accurately predict the specific subjects that will be tested on the bar exam and it is essential not to overlook or skip any topic while studying for the bar. These are  observations  and  recommendations  to review . These are not formal “predictions” of what will be tested. Please review our Bar Exam Materials  for the highly tested topics and be careful not to ignore any subject! *

The Uniform Bar Exam is composed of the Multistate bar exam (MBE); the Multistate Performance Test (MPTs), which do not cover a specific area of law–rather, they test lawyerly skills; and also an essay portion, the Multistate Essay Exam (MEE). Below are the tested subjects on the MEE portion of the Uniform Bar Exam. Note: the Uniform Bar Exam tests the same subjects that the Multistate Essay Exam (MEE) tests.

MEE’s Analysis

For the essay portion, you will have six questions to answer in three hours (so 30 minutes/question).

1. Subjects Appearing on Past Subjects MEE (1995-2023)

The  National Conference of Bar Examiners  lists the following subjects as potential areas of law:

• Business Associations (Agency and Partnership; Corporations and Limited Liability Companies),
• Civil Procedure,
• Conflict of Laws,
• Constitutional Law,
• Criminal Law and Procedure,
• Family Law,
• Real Property,
• Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and
• Uniform Commercial Code (Secured Transactions).

As you can see from the chart above, the single most highly tested subject on the essay portion of the Uniform Bar Exam is Civil Procedure. The least tested is usually Conflict of Law.

2. July 2023 MEE Predictions

The highly tested subjects on the Uniform Bar Exam are the following:

• Civil Procedure (18 full essays plus 1 combined with another subject)
• Agency and Partnership (12 full essays plus 4 combined with another subject)
• Contracts (15 full essays)
• Secured Transactions (12 full essays)
• Real Property (12 full essays)
• Corporations and LLCs (10 full essays plus 4 combined with another subject)
• Evidence (9 full essays plus 3 combined with another subject)
• Trusts and Future Interests (9 full essays plus 3 combined with another subject)
• Decedents’ Estates (Wills) (8 full essays plus 4 combined with another subject)
• Constitutional Law (8 full essays plus 2 combined with another subject)
• Torts (7 full essays plus 3 combined with another subject)

The least tested subjects on the Uniform Bar Exam are the following (in order from most to the least):

• Family Law (9 full essays)
• Criminal Procedure (5 full essays plus 2 combined with another subject)
• Criminal Law (6 full essays plus 1 combined with another subject)
• Conflict of Laws (This is usually combined with Decedents’ Estates, Family Law, Civil Procedure, or Corporations/LLCs. It is not tested on its own.) (0 full essays, 6 essays combined with another subject)

Based on this, it is reasonable to believe that the following will be tested . Cautious: some students rely too much on predictions, so please remember that all subjects are fair game for the exam . The following list is just for fun: we might be right.. but we might be wrong too!

(1) Civil Procedure

Civil Procedure was most recently tested in February 2023. Although Civil Procedure has been tested on nearly every exam in the past, it only appeared on one of the five exams given in 2020. Due to the COVID-19 pandemic, five bar exams were administered in 2020 (February 2020, July 2020, two exams in September 2020, and a modified version of the exam in October 2020). Although Civil Procedure has not been tested as frequently as it was in the past, Civil Procedure is ripe for testing on the July 2023 UBE.

(2) Real Property

The most recent examination that included Real Property as a tested subject was in February 2023. In recent years, Real Property has followed a pattern of being tested on consecutive exams. Real Property questions often present more open-ended scenarios, requiring nuanced answers compared to some other subjects. Given these factors, Real Property is highly likely to be tested on the July 2023 UBE.

There are several Real Property issues that are particularly relevant and could be tested:

• Adverse possession: Exploring the requirements and legal implications when someone gains ownership of property through adverse possession.
• Implied warranty of fitness and habitability for new homes sold by a builder-seller: Understanding the responsibilities and liabilities of builder-sellers regarding the implied warranty of fitness and habitability for newly constructed homes.
• Recording acts (common law versus a recording act): Examining the differences and consequences of common law versus statutory recording acts in property transactions.
• Warranty deeds: Familiarizing oneself with the features and implications of warranty deeds in conveying real property.

By studying these Real Property issues, you will be well-prepared to tackle potential questions on the upcoming bar exam.

(3) Partnership

In the February 2021 bar exam, Partnership was tested alongside Agency, with the majority of the essay focusing on Agency issues. As a result, Partnership is highly likely to be tested on the upcoming July 2023 UBE. The last time Partnership was the primary focus of an essay was in October 2020, indicating the potential for a pure Partnership question or a combination of Agency and Partnership in the upcoming exam.

Several Partnership issues are particularly relevant and could be tested:

• Limited liability of a new partner for obligations that existed prior to their admission into the partnership.
• Dissolution of a partnership, exploring the various circumstances and legal implications surrounding partnership dissolution.
• Liability considerations when a general partnership undergoes a transformation into a Limited Liability Partnership (LLP) or a Limited Partnership (LP).
• Withdrawal from a partnership, examining the rights and obligations of partners when one partner decides to withdraw.

Studying these Partnership issues will help ensure readiness for the bar exam and a solid understanding of the subject matter.

(4) Family Law

The most recent administration that included Family Law as a tested subject was in July 2021. Since July 2012, Family Law has been consistently tested every two administrations or every other administration. While Family Law is typically tested as a standalone topic, there have been instances where it has been combined with Conflict of Laws. Considering this pattern, Family Law is highly likely to be tested on the upcoming July 2022 UBE.

In Family Law essay questions, a wide range of issues may be covered, including child custody, spousal support, premarital agreements, property division, the validity of common law marriage, the Uniform Interstate Family Support Act (UIFSA), and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is worth noting that examiners have consistently focused on UIFSA, UCCJEA, and other jurisdictional issues in recent exams. Therefore, it is crucial to have a strong understanding of these areas while preparing for the exam.

(5) Conflict of Laws

Conflict of Laws was last tested in July 2021, where it was combined with Corporations & LLCs—a unique combination never before seen on the Multistate Essay Examination (MEE). Conflict of Laws has never been tested as a standalone subject, commonly appearing in conjunction with Civil Procedure, Decedents’ Estates, or Family Law. It is crucial to thoroughly review Conflict of Laws, along with all potential MEE subjects, in preparation for the upcoming bar exam.

There are several Conflict of Laws issues that are particularly likely to be tested:

• When combined with Civil Procedure, topics such as the Klaxon rule and determining which state’s law applies in the case of a change of venue may be explored.
• When combined with Family Law, areas like common law marriage and the recognition of marriage validity between states may be assessed.

(6) Secured Transactions 

The most recent occurrence of Secured Transactions on the MEE was in February 2022. Traditionally, Secured Transactions has followed a pattern of being tested every other administration or consecutively on two administrations and then not appearing on the subsequent exam. Therefore, it is crucial to thoroughly review this subject, along with all potential MEE subjects, in preparation for the upcoming bar exam.

There are several Secured Transactions issues that are particularly relevant and likely to be tested:

• Account debtors: This involves the rights and obligations of parties involved in transactions with account debtors.
• Buyer not in the ordinary course of business: Understanding the implications and legal considerations when a buyer is not conducting transactions in the ordinary course of business.
• Consumer-to-consumer transactions: Exploring the specific regulations and rules applicable to transactions between consumers.
• Default and foreclosure via self-help: Examining the procedures and legal requirements for default and foreclosure processes carried out by a creditor without court involvement.
• Priority (first to file or perfect; perfected security interest takes priority over an unperfected security interest): Understanding the rules regarding priority in secured transactions, including the importance of filing or perfecting security interests.

* The International Lawyer makes NO WARRANTIES or GUARANTEES as to what subject areas and/or legal rules the National Conference of Bar Examiners or any other bar examiners will test on the upcoming UBE/MEE or any future examinations. Please review our Bar Exam Materials  for the highly tested topics and be careful not to ignore any subject!

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Bar Exam Format

Idaho administers the Uniform Bar Exam (UBE) that consists of three parts: the Multistate Performance Test (MPT), the Multistate Essay Exam (MEE), and the Multistate Bar Examination (MBE). The exam is scheduled biannually on the last Tuesday and Wednesday of February and July. The MPT and MEE occur on Tuesday; the MBE occurs on Wednesday.

Multistate Performance Test (MPT)

(weighted 20% of bar exam score).

The MPT consists of two 90-minute items that are designed to assess the examinee’s ability to use fundamental lawyering skills in a realistic situation. Each examinee receives a “File” of source documents and a “Library” of cases, statutes, and rules. The MPT is a “closed universe” component in that it provides all necessary materials to answer the question and does not require the applicant to use any state-specific law.

Multistate Essay Exam (MEE)

(weighted 30% of bar exam score).

The MEE consists of six 30-minute essays testing the following subjects: all MBE subjects (Constitutional Law, Contracts and Sales, Criminal Law and Procedure, Evidence, Federal Civil Procedure, Real Property, and Torts), plus Business Associations (Agency, Corporations, and Partnerships), Conflicts of Law, Family Law, Secured Transactions, Trusts & Future Interests, and Wills & Decedents’ Estates.

Multistate Bar Exam (MBE)

(weighted 50% of bar exam score).

The MBE consists of 200 multiple-choice questions that test the following areas: Civil Procedure, Constitutional Law, Contracts & Sales, Criminal Law & Procedure, Evidence, Real Property, and Torts. Of the 200 questions, 175 are scored questions and 25 are unscored pre-test questions. The pre-test questions are indistinguishable from the scored questions so applicants are advised to answer all questions.

Subjects Tested Idaho has adopted the Uniform Bar Exam.

Mee subjects.

• Conflict of Laws
• Constitutional Law
• Contracts & Sales
• Corporations
• Criminal Law & Procedure
• Federal Civil Procedure
• Partnerships
• Real Property
• Secured Transactions
• Trusts & Future Interests
• Wills & Decedents' Estates

MBE Subjects

• Civil Procedure

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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!

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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-Sheets and  CA One-Sheets , and MPT One-Sheets — rated five stars!
• NEW California Bar Exam Mastery Class where 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.

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
• 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 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 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)
• Real covenants and equitable servitudes

• 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 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)

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

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 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.

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!

Other Bar Exam Resources

Free resources.

·      Bar Exam Free Resource Center : access our most popular free guides, webinars, and resources to set you on the path to success.

·      Free bar exam guides : expert advice on the MBE, the MEE, passing strategies, and overcoming failure.

·      Free webinars : get insight from top bar exam experts to ace your preparation.

Premium Resources

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• One-Sheets : our most popular product! Master the bar exam with these five-star rated essentials.
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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.

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Reporting by Karen Sloan

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Karen Sloan reports on law firms, law schools, and the business of law. Reach her at [email protected]

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