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2020 SmartBarPrep CA Frequency Analysis

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Essay Frequency Analysis
For the California Bar Exam
February 2021 Edition
DISCLAIMER
The SmartBarPrep California Essay Frequency Analysis (hereinafter “Study
Guide”) is designed to assist you in studying for the California Bar Exam. It is
NOT designed to be a prediction of what will be asked on the upcoming
California Bar Exam or any future examinations. Although many of the same
subjects and rules have been repeated on past California Bar Exam essay
questions, there is NO GUARANTEE that any future California Bar Exam will
test the same or similar subjects and/or rules that have appeared on past exams.
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areas and/or legal rules the California Committee of Bar Examiners or any other
bar examiners will test on the upcoming California Bar Exam or any future
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Table of Contents
Description
Page
Subject Frequency – Past 38 Exams ........................................................................................................ 1
Subject Frequency Chart – Past 38 Exams ........................................................................................... 2
Subject Frequency – Past 222 Essays ...................................................................................................... 3
Rule Frequency .............................................................................................................................................. 4
© 2021 SmartBarPrep | www.smartbarprep.com
1
SmartBarPrep Frequency Analysis
Subjects Appearing on Past
California Bar Exam Essays
Subject Frequency – Past 38 Exams
Subject
Number of Times Subject
Appeared on Past Exams
Percentage (%) Subject
Appeared on Past Exams
Agency
6 out of 38 exams
16%
Partnerships
6 out of 38 exams
16%
Corporations
13 out of 38 exams
34%
Civil Procedure
17 out of 38 exams
45%
Community Property
22 out of 38 exams
58%
Constitutional Law
23 out of 38 exams
61%
Contracts
25 out of 38 exams
66%
Criminal Law
14 out of 38 exams
37%
Criminal Procedure
15 out of 38 exams
39%
Evidence
25 out of 38 exams
66%
Professional Responsibility
37 out of 38 exams
97%
Real Property
20 out of 38 exams
53%
Remedies
28 out of 38 exams
74%
Torts
24 out of 38 exams
63%
Trusts
13 out of 38 exams
34%
Wills & Estates
20 out of 38 exams
53%
**NOTE FOR FEB. 2021 Version: Unfortunately, the October 2020 California bar exam statistics
were not available to be included in the February 2021 version of the California Essay Frequency
Analysis.**
© 2021 SmartBarPrep | www.smartbarprep.com
2
SmartBarPrep Frequency Analysis
Subjects Appearing on Past
California Bar Exam Essays
Subject Frequency Chart – Past 38 Exams
Agency
6
Partnerships
6
Corporations
13
Civil Procedure
17
Community Property
22
Constitutional Law
23
Contracts
25
Criminal Law
14
Criminal Procedure
15
Evidence
25
Professional Responsibility
37
Real Property
20
Remedies
28
Torts
24
Trusts
13
Wills & Estates
20
0
5
10
15
20
25
# of Times Tested
© 2021 SmartBarPrep | www.smartbarprep.com
30
35
40
3
SmartBarPrep Frequency Analysis
Subjects Appearing on Past
California Bar Exam Essays
Subject Frequency – Past 222 Essays
Subject
Number of Times Subject
Appeared on Past Essays
Percentage (%) Subject
Appeared on Past Essays
Agency
6 out of 222 essays
3%
Partnerships
6 out of 222 essays
3%
Corporations
13 out of 222 essays
6%
Civil Procedure
19 out of 222 essays
9%
Community Property
23 out of 222 essays
10%
Constitutional Law
24 out of 222 essays
11%
Contracts
35 out of 222 essays
16%
Criminal Law
14 out of 222 essays
6%
Criminal Procedure
16 out of 222 essays
7%
Evidence
29 out of 222 essays
13%
Professional Responsibility
44 out of 222 essays
20%
Real Property
21 out of 222 essays
9%
Remedies
37 out of 222 essays
17%
Torts
25 out of 222 essays
11%
Trusts
13 out of 222 essays
6%
Wills & Estates
20 out of 222 essays
9%
© 2021 SmartBarPrep | www.smartbarprep.com
4
SmartBarPrep Frequency Analysis
Rules Appearing on Past
California Bar Exam Essays
Rule Frequency
Total Bar Exams Analyzed
38
Total # of Essays
222
Total # of Rules Analyzed
538
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Agency
Creation of Agency Relationship
2
5.3%
Agency
Authority of Agent: Actual Authority
6
15.8%
Agency
Authority of Agent: Apparent Authority
6
15.8%
Agency
Ratification of Agent’s Contracts
2
5.3%
Agency
Employee vs. Owner (Sole-Proprietor, Partner, Member,
Shareholder)
1
2.6%
Agency
Vicarious Liability: Doctrine of Respondeat Superior
4
10.5%
Agency
Vicarious Liability: Employee vs. Independent Contractor
2
5.3%
Agency
Employee Liability for Negligent Conduct & Indemnification
1
2.6%
Partnerships
Creation of a General Partnership
5
13.2%
Partnerships
Formation of a Limited Partnership (LP)
1
2.6%
Partnerships
Formation of a Limited Liability Partnership (LLP)
3
7.9%
Partnerships
Partnership vs. Separate Businesses
1
2.6%
Partnerships
Authority to Bind the Partnership
2
5.3%
Partnerships
Personal Liability of General Partners
4
10.5%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
5
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Partnerships
Personal Liability of Limited Liability Partners
2
5.3%
Partnerships
Transfer of Ownership Interest in a Partnership
1
2.6%
Partnerships
Fiduciary Duties Owed by Partners
1
2.6%
Partnerships
Winding Up & Termination of the Partnership
1
2.6%
Corporations
Formation of a Corporation & Articles of Incorporation
3
7.9%
Corporations
Formation of an LLC
0
0.0%
Corporations
De Jure Corporation
2
5.3%
Corporations
De Facto Corporation
2
5.3%
Corporations
Corporation by Estoppel
3
7.9%
Corporations
Liability for Pre-Incorporation Contracts
4
10.5%
Corporations
Ultra Vires Acts
1
2.6%
Corporations
Shareholder Liability & Piercing the Corporate Veil
5
13.2%
Corporations
Watered Stock
1
2.6%
Corporations
Dividends & Distributions to Shareholders
1
2.6%
Corporations
Shareholder Meetings: Proxy Voting & Revocation of a
Proxy
1
2.6%
Corporations
Shareholder Voting Agreements & Trusts
2
5.3%
Corporations
Board of Directors Meeting: Quorum
1
2.6%
Corporations
Compensation of Directors & Officers
2
5.3%
Corporations
Election of Directors
1
2.6%
Corporations
Removal of Directors & Officers
2
5.3%
Corporations
Authority of Officers
1
2.6%
Corporations
Duty of Care & Business Judgment Rule
9
23.7%
Corporations
Duty of Loyalty: Fiduciary Duty Owed
8
21.1%
Corporations
Duty of Loyalty: Conflicting Interest Transaction
8
21.1%
Corporations
Duty of Loyalty: Usurping a Corporate Opportunity
5
13.2%
Corporations
Direct & Derivative Actions
2
5.3%
Corporations
Fundamental Changes to a Corporation
2
5.3%
Corporations
Federal Securities Law – Rule 10b-5
2
5.3%
Corporations
Federal Securities Law – Section 16(b)
2
5.3%
Corporations
Dissolution: Distribution of Corporate Assets
2
5.3%
Corporations
Dissolution: Equitable Subordination & The Deep Rock
Doctrine
1
2.6%
Civil Procedure
Subject Matter Jurisdiction: California State Courts
1
2.6%
Civil Procedure
Federal Subject Matter Jurisdiction: Intro Statement
11
28.9%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
6
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Civil Procedure
Federal Subject Matter Jurisdiction: Federal Question
11
28.9%
Civil Procedure
Federal Subject Matter Jurisdiction: Diversity of Citizenship
11
28.9%
Civil Procedure
Federal Subject Matter Jurisdiction: Alienage Diversity
0
0.0%
Civil Procedure
Federal Subject Matter Jurisdiction: Foreign State Diversity
0
0.0%
Civil Procedure
Federal Subject Matter Jurisdiction: Supplemental
Jurisdiction
3
7.9%
Civil Procedure
Removal to Federal Court
5
13.2%
Civil Procedure
Remand from Federal Court to State Court
3
7.9%
Civil Procedure
Venue in Federal Court
2
5.3%
Civil Procedure
Venue in California State Court
1
2.6%
Civil Procedure
Residence of a Party for Venue Purposes
2
5.3%
Civil Procedure
Personal Jurisdiction: Traditional Bases
8
21.1%
Civil Procedure
Personal Jurisdiction: Long Arm Statute & Constitutional
Minimum Contacts Analysis
6
15.8%
Civil Procedure
Service of Process and Notice: California State Court
Actions
1
2.6%
Civil Procedure
Service of Process and Notice: Federal Court Actions
1
2.6%
Civil Procedure
Law Applied by Federal Courts: Erie Doctrine, Substance
vs. Procedure, & Supremacy Clause
3
7.9%
Civil Procedure
Counterclaims
1
2.6%
Civil Procedure
Amending a Pleading: Relation Back Doctrine
2
5.3%
Civil Procedure
Sufficiency of Pleading: Well-Pleaded Complaint Rule
1
2.6%
Civil Procedure
Compulsory Joinder of Parties
1
2.6%
Civil Procedure
Joinder of Claims
1
2.6%
Civil Procedure
Scope of Discoverable Information
5
13.2%
Civil Procedure
Compelled Physical and Mental Examinations
3
7.9%
Civil Procedure
Document Subpoena to a Non-Party (Subpoena Duces
Tecum)
1
2.6%
Civil Procedure
Depositions
1
2.6%
Civil Procedure
Interrogatories in Federal Court
1
2.6%
Civil Procedure
Disclosure of Expert Testimony
1
2.6%
Civil Procedure
Asserting Privilege During Discovery
1
2.6%
Civil Procedure
Motion to Compel Disclosure or Discovery
2
5.3%
Civil Procedure
Motion for Judgment as a Matter of Law / Judgment of
Nonsuit
1
2.6%
Civil Procedure
Motion to Dismiss in Federal Court
1
2.6%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
7
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Civil Procedure
Summary Judgment
3
7.9%
Civil Procedure
Right to Jury Trial in Federal Court
3
7.9%
Civil Procedure
Appeals: Final Judgment Rule
3
7.9%
Civil Procedure
Appeals: Interlocutory Appeals & Exceptions to Final
Judgment Rule
2
5.3%
Civil Procedure
Claim Preclusion (Res Judicata)
4
10.5%
Civil Procedure
Issue Preclusion (Collateral Estoppel)
3
7.9%
Civil Procedure
Choice of Law: Real Property Cases
1
2.6%
Community Property
Community Property Presumption: Guiding Principle
20
52.6%
Community Property
Quasi-Community Property
7
18.4%
Community Property
Illusory Transfer of Quasi-Community Property
1
2.6%
Community Property
Married Woman’s Special Presumption
2
5.3%
Community Property
End of the Economic Community
8
21.1%
Community Property
Putative Spouse
3
7.9%
Community Property
Unmarried Cohabitants
2
5.3%
Community Property
Equal Rights of Spouses to Manage Property & Transfers to
Third-Parties
7
18.4%
Community Property
Fiduciary Duties of Spouses
4
10.5%
Community Property
Property Acquired with Comingled Funds (The Moore
Principle)
1
2.6%
Community Property
Jointly Titled Property & Anti-Lucas Statute
5
13.2%
Community Property
Personal Injury Awards & Settlements
8
21.1%
Community Property
Separate Property Business (Van Camp & Pereira Tests)
4
10.5%
Community Property
Goodwill of a Business
3
7.9%
Community Property
Life Insurance
1
2.6%
Community Property
Stock Options
2
5.3%
Community Property
Credit & Acquisitions of Property Using Credit
2
5.3%
Community Property
Reimbursement for Property Acquisitions & Improvements
3
7.9%
Community Property
Professional Degrees & Reimbursement for Education
Expenses
3
7.9%
Community Property
Reimbursement for Child Support & Alimony Payments
3
7.9%
Community Property
Reimbursement for Medical Expenses
2
5.3%
Community Property
Pro-Rata Rule – Community Property Funds used to Pay
Separate Property Loan
1
2.6%
Community Property
Transmutations
16
42.1%
Community Property
Prenuptial Agreements
3
7.9%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
8
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Community Property
Property Creditors May Reach to Satisfy Debts
9
23.7%
Community Property
Distribution of Community Assets & Debts Upon Divorce
2
5.3%
Constitutional Law
State Sovereign Immunity (11th Amendment)
5
13.2%
Constitutional Law
Standing
10
26.3%
Constitutional Law
Third-Party & Organizational Standing
3
7.9%
Constitutional Law
Advisory Opinions, Ripeness, & Mootness
3
7.9%
Constitutional Law
Legislative Powers: Commerce Clause
2
5.3%
Constitutional Law
Legislative Powers: Commerce Clause & Regulation of
Intrastate Activities
1
2.6%
Constitutional Law
Legislative Powers: Taxing Power
0
0.0%
Constitutional Law
Legislative Powers: Spending Power
1
2.6%
Constitutional Law
Executive Powers: Domestic Powers
1
2.6%
Constitutional Law
Executive Powers: Treaty and Foreign Affairs Powers
1
2.6%
Constitutional Law
Delegation of Congressional Powers & Non-Delegation
Doctrine
1
2.6%
Constitutional Law
State Immunity from Federal Law (10th Amendment)
2
5.3%
Constitutional Law
Negative Commerce Clause
3
7.9%
Constitutional Law
Supremacy Clause & Preemption
2
5.3%
Constitutional Law
Governmental Action (“State Action”)
3
7.9%
Constitutional Law
Incorporation Doctrine
2
5.3%
Constitutional Law
Prohibition Against Involuntary Servitude
1
2.6%
Constitutional Law
Substantive Due Process
5
13.2%
Constitutional Law
Procedural Due Process
5
13.2%
Constitutional Law
Equal Protection Analysis
7
18.4%
Constitutional Law
Equal Protection: Inability to Pay Filing Fees
1
2.6%
Constitutional Law
Takings (5th Amendment)
7
18.4%
Constitutional Law
Zoning Ordinances/Spot Zoning
1
2.6%
Constitutional Law
Vested Rights Doctrine
1
2.6%
Constitutional Law
Privileges and Immunities Clause
2
5.3%
Constitutional Law
First Amendment – Protections Provided
5
13.2%
Constitutional Law
Freedom of Religion: Establishment Clause
5
13.2%
Constitutional Law
Freedom of Religion: Free Exercise Clause
5
13.2%
Constitutional Law
Freedom of Speech: Content-Based vs. Content-Neutral
Restrictions
4
10.5%
Constitutional Law
Freedom of Speech: Prior Restraint
2
5.3%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
9
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Constitutional Law
Freedom of Speech: Public Forum
3
7.9%
Constitutional Law
Freedom of Speech: Designated Public Forum
2
5.3%
Constitutional Law
Freedom of Speech: Non-Public Forum & Limited Public
Forum
2
5.3%
Constitutional Law
Freedom of Speech: Licensing Requirements for Speech in
Public Forums
3
7.9%
Constitutional Law
Freedom of Speech: Regulation of Expressive Conduct
3
7.9%
Constitutional Law
Freedom of Speech: Regulation of Commercial Speech
1
2.6%
Constitutional Law
Freedom of Speech: Government Employees
1
2.6%
Constitutional Law
Freedom of Speech: Corporate & Union Political
Expenditures
0
0.0%
Constitutional Law
Freedom of Speech: Vague & Overbroad Laws
3
7.9%
Constitutional Law
Unprotected Speech: Obscenity
1
2.6%
Constitutional Law
Freedom of Association
1
2.6%
Contracts
Applicable Law: Common Law vs. UCC
20
52.6%
Contracts
Requirements to Form a Valid Contract
14
36.8%
Contracts
Mutual Assent: Offer & Acceptance
6
15.8%
Contracts
Termination/Revocation of Offer
3
7.9%
Contracts
Merchant’s Firm Offer
1
2.6%
Contracts
Advertisements
3
7.9%
Contracts
Timing of Acceptance/Revocation & the Mailbox Rule
2
5.3%
Contracts
Battle of the Forms (Mirror Image Rule & UCC Exception)
2
5.3%
Contracts
Implied-in-Fact Contracts
1
2.6%
Contracts
Output and Requirement Contracts
2
5.3%
Contracts
Consideration: Bargained for Exchange
6
15.8%
Contracts
Consideration Substitutes: Promissory
Estoppel/Detrimental Reliance
2
5.3%
Contracts
Incapacity
1
2.6%
Contracts
Unconscionability
3
7.9%
Contracts
Mutual Mistake & Unilateral Mistake
4
10.5%
Contracts
Statute of Frauds: Contracts Requiring a Signed Writing
13
34.2%
Contracts
Statute of Frauds: Exceptions when a Writing is Not
Required
4
10.5%
Contracts
Modification of Contracts: Pre-Existing Duty Rule &
Exceptions
5
13.2%
Contracts
Parol Evidence Rule
8
21.1%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
10
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Contracts
Condition Precedent
4
10.5%
Contracts
Frustration of Purpose
4
10.5%
Contracts
Impossibility
6
15.8%
Contracts
Impracticability
5
13.2%
Contracts
Waiver
3
7.9%
Contracts
Accord and Satisfaction
1
2.6%
Contracts
Minor Breach (Substantial Performance Doctrine) vs.
Material Breach
5
13.2%
Contracts
Time is of the Essence Clause
2
5.3%
Contracts
UCC Perfect Tender Rule and Exceptions
4
10.5%
Contracts
Anticipatory Repudiation & Adequate Assurances
10
26.3%
Contracts
Implied Obligation of Good Faith and Fair Dealing
1
2.6%
Contracts
Implied Warranty of Merchantability
3
7.9%
Contracts
Third-Party Beneficiaries & Enforcement of Rights
1
2.6%
Contracts
Delegable Duties
1
2.6%
Contracts
Assignment
2
5.3%
Contracts
Novation
1
2.6%
Criminal Law
Murder
6
15.8%
Criminal Law
Felony Murder Rule
2
5.3%
Criminal Law
Voluntary Manslaughter
4
10.5%
Criminal Law
Involuntary Manslaughter
1
2.6%
Criminal Law
Assault & Battery
1
2.6%
Criminal Law
Kidnapping
2
5.3%
Criminal Law
Larceny, Larceny by Trick, & False Pretenses
2
5.3%
Criminal Law
Embezzlement
1
2.6%
Criminal Law
Receipt of Stolen Property
2
5.3%
Criminal Law
Robbery
2
5.3%
Criminal Law
Burglary
1
2.6%
Criminal Law
Extortion
1
2.6%
Criminal Law
Theft Crimes: Continuing Trespass Doctrine
1
2.6%
Criminal Law
Attempt
5
13.2%
Criminal Law
Conspiracy
3
7.9%
Criminal Law
Solicitation
2
5.3%
Criminal Law
Accomplice Liability
1
2.6%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
11
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Criminal Law
Accessory After the Fact
1
2.6%
Criminal Law
Legal & Factual Impossibility
2
5.3%
Criminal Law
Mistake of Fact or Law
1
2.6%
Criminal Law
Insanity Defense (4 Tests)
1
2.6%
Criminal Law
Intoxication
1
2.6%
Criminal Law
Justification: Self-Defense & Defense of Others
2
5.3%
Criminal Law
Imperfect Self-Defense
1
2.6%
Criminal Law
Entrapment
1
2.6%
Criminal Procedure
Fourth Amendment Right – Government Action & Standing
12
31.6%
Criminal Procedure
Lawful Arrests
3
7.9%
Criminal Procedure
Request for Information, Stop and Inquire, & Stop and
Frisk
4
10.5%
Criminal Procedure
Warrant Requirement for All Searches, Unless an Exception
Applies
6
15.8%
Criminal Procedure
Government Use of Sensory Enhancement Technology
2
5.3%
Criminal Procedure
Exception to Warrant Requirement: Plain View Doctrine
4
10.5%
Criminal Procedure
Exception to Warrant Requirement: Exigent Circumstances
2
5.3%
Criminal Procedure
Exception to Warrant Requirement: Search Incident to
Arrest
3
7.9%
Criminal Procedure
Exception to Warrant Requirement: Consent
3
7.9%
Criminal Procedure
Exception to Warrant Requirement: Administrative &
Inventory Searches
1
2.6%
Criminal Procedure
Exception to Warrant Requirement: Checkpoints
2
5.3%
Criminal Procedure
Exception to Warrant Requirement: Automobile Exception
1
2.6%
Criminal Procedure
5th Amendment Privilege Against Self-Incrimination &
Miranda Rights
8
21.1%
Criminal Procedure
Waiver of Miranda Rights
1
2.6%
Criminal Procedure
6th Amendment Right to Counsel & Effective Assistance of
Counsel
5
13.2%
Criminal Procedure
Waiver of 6th Amendment Right to Counsel
1
2.6%
Criminal Procedure
Right to Testify
1
2.6%
Criminal Procedure
Right to Self-Representation
2
5.3%
Criminal Procedure
Right to Speedy Trial
1
2.6%
Criminal Procedure
Line-Ups & Police-Arranged Identification Procedures
1
2.6%
Criminal Procedure
Due Process Clause: Catch-All
1
2.6%
Criminal Procedure
Exclusionary Rule/Fruit of Poisonous Tree Doctrine
8
21.1%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
12
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Criminal Procedure
Exclusionary Rule: Miranda Violations & Limitations
3
7.9%
Criminal Procedure
Guilty Plea Requirements
1
2.6%
Evidence
Relevance (Logical & Legal Relevance)
21
55.3%
Evidence
California Proposition 8
6
15.8%
Evidence
Subsequent Remedial Measures
2
5.3%
Evidence
Evidence of Liability Insurance
2
5.3%
Evidence
Offers to Pay Medical Bills
3
7.9%
Evidence
Offers to Settle
2
5.3%
Evidence
Statements of Sympathy
1
2.6%
Evidence
Authentication of Evidence: General Rule
10
26.3%
Evidence
Authentication of Evidence: Physical Evidence
9
23.7%
Evidence
Authentication of Evidence: Voice Recordings
2
5.3%
Evidence
Best Evidence Rule
10
26.3%
Evidence
Character Evidence
5
13.2%
Evidence
Prior Bad Acts
4
10.5%
Evidence
Habit and Routine Practice
1
2.6%
Evidence
Impeachment: Prior Inconsistent Statements
2
5.3%
Evidence
Impeachment: Prior Convictions
2
5.3%
Evidence
Impeachment: Specific Instances of Conduct (“Bad Acts”)
2
5.3%
Evidence
Impeachment: Bias
1
2.6%
Evidence
Lay Witness Testimony & Opinions
11
28.9%
Evidence
Expert Witness Testimony
4
10.5%
Evidence
Scope of Cross-Examination
1
2.6%
Evidence
Refreshing Recollection
2
5.3%
Evidence
Judicial Notice
2
5.3%
Evidence
Trial Objections: Assumes Facts Not in Evidence
2
5.3%
Evidence
Trial Objections: Calls for Narrative
1
2.6%
Evidence
Trial Objections: Leading Question
3
7.9%
Evidence
Trial Objections: Non-Responsive Answer
1
2.6%
Evidence
Trial Objections: Speculation
1
2.6%
Evidence
Trial Objections: Vagueness
1
2.6%
Evidence
Prohibition Against Jury Investigations
1
2.6%
Evidence
Hearsay Definition
20
52.6%
Evidence
Multiple Hearsay
5
13.2%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
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13
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Evidence
Non-Hearsay: Statements Offered for Other Purpose
8
21.1%
Evidence
Hearsay Exclusion: Statements by a Party Opponent
17
44.7%
Evidence
Hearsay Exclusion: Adoptive Admission
2
5.3%
Evidence
Hearsay Exclusion: Vicarious Admissions
6
15.8%
Evidence
Hearsay Exclusion: Prior Statement of Identification
1
2.6%
Evidence
Hearsay Exception: Declarant Unavailable Requirement
6
15.8%
Evidence
Hearsay Exception: Dying Declaration
2
5.3%
Evidence
Hearsay Exception: Statement Against Interest
7
18.4%
Evidence
Hearsay Exception: Prior Statements Made Under Oath
2
5.3%
Evidence
Hearsay Exception: Excited Utterance / Spontaneous
Statement
9
23.7%
Evidence
Hearsay Exception: Present Sense Impression
12
31.6%
Evidence
Hearsay Exception: Business Records
7
18.4%
Evidence
Hearsay Exception: Government/Public Records
2
5.3%
Evidence
Hearsay Exception: Past Recollection Recorded
2
5.3%
Evidence
Hearsay Exception: State of Mind
9
23.7%
Evidence
Hearsay Exception: Statements Made for Medical
Diagnosis/Treatment
2
5.3%
Evidence
Hearsay Exception: Catch-All Exception
1
2.6%
Evidence
Confrontation Clause (6th Amendment)
5
13.2%
Evidence
Privilege & Eavesdroppers
2
5.3%
Evidence
Attorney-Client Privilege
5
13.2%
Evidence
Attorney Work Product Doctrine
4
10.5%
Evidence
Physician-Patient Privilege
1
2.6%
Evidence
Spousal Privileges: Confidential Marital Communications
2
5.3%
Evidence
Spousal Privileges: Spousal Immunity
2
5.3%
Professional
Responsibility
Formation of Lawyer-Client Relationship
5
13.2%
Professional
Responsibility
Proper Scope of Lawyer-Client Relationship
4
10.5%
Professional
Responsibility
Advising or Assisting the Violation of Law
1
2.6%
Professional
Responsibility
Duty of Competence
21
55.3%
Professional
Responsibility
Duty of Communication
7
18.4%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
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14
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Professional
Responsibility
Duty of Diligence
6
15.8%
Professional
Responsibility
Duty of Confidentiality
19
50.0%
Professional
Responsibility
Inadvertent Disclosure of Confidential Information
1
2.6%
Professional
Responsibility
Duty to Safeguard Property
2
5.3%
Professional
Responsibility
Conflict of Interest: Duty of Loyalty
26
68.4%
Professional
Responsibility
Conflict of Interest: Current Clients
18
47.4%
Professional
Responsibility
Conflict of Interest: Former Clients
7
18.4%
Professional
Responsibility
Conflict of Interest: Prospective Clients
0
0.0%
Professional
Responsibility
Conflict of Interest: Imputed Conflicts
3
7.9%
Professional
Responsibility
Conflict of Interest: Former Lawyer for Government
2
5.3%
Professional
Responsibility
Business Ownership by a Lawyer
1
2.6%
Professional
Responsibility
Business Transactions with a Client & Pecuniary Interests
Adverse to the Client
4
10.5%
Professional
Responsibility
Proprietary Interest in a Case
3
7.9%
Professional
Responsibility
Use of Current Client’s Information
2
5.3%
Professional
Responsibility
Gifts from a Client
0
0.0%
Professional
Responsibility
Acquisition of Client’s Literary/Media Rights
0
0.0%
Professional
Responsibility
Financial Assistance & Loans to Clients
3
7.9%
Professional
Responsibility
Payment of Legal Fees by a Third-Party
3
7.9%
Professional
Responsibility
Serving on the Board of a Client’s Organization
2
5.3%
Professional
Responsibility
Aggregate Settlements & Pleas
0
0.0%
Professional
Responsibility
Limiting Liability to a Client
1
2.6%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
Tested
15
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Professional
Responsibility
Sexual Relations with Clients
3
7.9%
Professional
Responsibility
Organization as Client: Lawyer Represents the Organization
3
7.9%
Professional
Responsibility
Organization as Client: Reporting Violations
2
5.3%
Professional
Responsibility
Mandatory Withdrawal
5
13.2%
Professional
Responsibility
Permissive Withdrawal
3
7.9%
Professional
Responsibility
Duty of Candor to the Court
10
26.3%
Professional
Responsibility
Witness Perjury
5
13.2%
Professional
Responsibility
Ex Parte Communications with the Court
1
2.6%
Professional
Responsibility
Filing Frivolous Claims & Contentions
7
18.4%
Professional
Responsibility
Obstructing or Altering Discoverable Evidence
2
5.3%
Professional
Responsibility
Improper Influence
1
2.6%
Professional
Responsibility
Proper Discovery Requests & Compliance
2
5.3%
Professional
Responsibility
Payments to Witnesses
2
5.3%
Professional
Responsibility
Lawyer as Witness
1
2.6%
Professional
Responsibility
Communication with a Represented Person
4
10.5%
Professional
Responsibility
Trial Publicity – Extrajudicial Statements to the Public
3
7.9%
Professional
Responsibility
Special Rules for Prosecutors
2
5.3%
Professional
Responsibility
Threat of Criminal, Administrative, or Disciplinary Charges
2
5.3%
Professional
Responsibility
Amount of Lawyer’s Fees
7
18.4%
Professional
Responsibility
General Fee Agreements
4
10.5%
Professional
Responsibility
Contingency Fee Agreements
6
15.8%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
Tested
16
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Professional
Responsibility
Advance Payments & True Retainers
0
0.0%
Professional
Responsibility
Fee Divisions Among Lawyers
3
7.9%
Professional
Responsibility
Sharing Legal Fees with Non-Lawyers
5
13.2%
Professional
Responsibility
Communications Concerning a Lawyer’s Services
0
0.0%
Professional
Responsibility
Advertising Legal Services
3
7.9%
Professional
Responsibility
Solicitation of Clients
4
10.5%
Professional
Responsibility
Compensation for Recommending Lawyer’s Services
3
7.9%
Professional
Responsibility
Professional Independence of a Lawyer
2
5.3%
Professional
Responsibility
Unauthorized Practice of Law
2
5.3%
Professional
Responsibility
Responsibilities Regarding Non-Lawyer Assistants
3
7.9%
Professional
Responsibility
Employment of Disbarred, Suspended, Resigned, or
Involuntary Active Lawyer
2
5.3%
Professional
Responsibility
Professional Misconduct
2
5.3%
Professional
Responsibility
Responsibilities of a Subordinate Lawyer
1
2.6%
Professional
Responsibility
Reporting Professional Misconduct
2
5.3%
Real Property
Present Estates: Defeasible Fees
2
5.3%
Real Property
Future Estates: Reverter & the Right of Re-Entry
2
5.3%
Real Property
Restraints on Alienation
2
5.3%
Real Property
Waste
1
2.6%
Real Property
Joint Tenancy: Formation
4
10.5%
Real Property
Joint Tenancy: Severance
4
10.5%
Real Property
Co-Tenant’s Entitlement to Rent or Reimbursement for
Repairs/Improvements
3
7.9%
Real Property
Ouster of a Co-Tenant
1
2.6%
Real Property
Types of Leasehold Interests
4
10.5%
Real Property
Right to Terminate Tenancy for Breach of Covenant
1
2.6%
Real Property
Tenant Duties: Duty to Pay Rent
3
7.9%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
Tested
17
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Real Property
Landlord Duties: Duty to Deliver Possession
1
2.6%
Real Property
Landlord Duties: Implied Warranty of Habitability
4
10.5%
Real Property
Landlord Duties: Constructive Eviction
5
13.2%
Real Property
Landlord Duties: Duty to Repair
1
2.6%
Real Property
Landlord Duties: Duty to Mitigate Damages
3
7.9%
Real Property
Assignment of a Lease
5
13.2%
Real Property
Subleases
3
7.9%
Real Property
Termination of Leases: Surrender
1
2.6%
Real Property
Real Covenants
5
13.2%
Real Property
Equitable Servitudes
3
7.9%
Real Property
Common Scheme or Plan Doctrine (Reciprocal Negative
Servitude)
1
2.6%
Real Property
Easements by Grant, Prescription, Implication, & Necessity
5
13.2%
Real Property
Termination of an Easement
3
7.9%
Real Property
Licenses
1
2.6%
Real Property
Fixtures
1
2.6%
Real Property
Adverse Possession
1
2.6%
Real Property
Requirements for a Valid Land Sale Contract
2
5.3%
Real Property
Warranty of Marketable Title
2
5.3%
Real Property
Revocation of a Land Sale Contract
1
2.6%
Real Property
Deed Requirements
2
5.3%
Real Property
Deeds: Constructive Conveyance
1
2.6%
Real Property
General Warranty Deed, Special Warranty Deed, &
Quitclaim Deed
2
5.3%
Real Property
Recording Statutes
4
10.5%
Real Property
Bona Fide Purchasers & The Shelter Rule
3
7.9%
Real Property
Purchase Money Mortgage
1
2.6%
Real Property
Deed of Trust
1
2.6%
Real Property
Mortgages: Foreclosure, Order of Preference, & Deficiency
Judgments
2
5.3%
Real Property
Lateral Support
1
2.6%
Real Property
Public and Private Nuisance
5
13.2%
Real Property
Zoning Ordinances: Variances
1
2.6%
Real Property
Zoning Ordinances: Previous Non-Conforming Use
1
2.6%
Real Property
Discrimination: Fair Housing Act
0
0.0%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
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18
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Remedies
Contracts: Available Legal Remedies
13
34.2%
Remedies
Expectation Damages
11
28.9%
Remedies
Reliance Damages
6
15.8%
Remedies
Consequential Damages
7
18.4%
Remedies
Incidental Damages
7
18.4%
Remedies
Restitution Damages
6
15.8%
Remedies
Liquidated Damages
1
2.6%
Remedies
Damages in Contracts for the Sale of Land
2
5.3%
Remedies
UCC Buyer’s Remedies & Damages
3
7.9%
Remedies
UCC Seller’s Remedies & Damages
1
2.6%
Remedies
Unjust Enrichment (Quasi-Contract)
3
7.9%
Remedies
Reformation
4
10.5%
Remedies
Rescission
5
13.2%
Remedies
Specific Performance
13
34.2%
Remedies
Torts: Available Legal Remedies
3
7.9%
Remedies
Compensatory Damages
4
10.5%
Remedies
Nominal Damages
3
7.9%
Remedies
Punitive Damages
3
7.9%
Remedies
Restitution Damages
3
7.9%
Remedies
Damages for Fraud
2
5.3%
Remedies
Damages for Conversion of Property
2
5.3%
Remedies
Damages for Trespass to Chattels
2
5.3%
Remedies
Damages for Trespass to Land
1
2.6%
Remedies
Temporary Restraining Orders
4
10.5%
Remedies
Preliminary Injunction
5
13.2%
Remedies
Permanent Injunction
2
5.3%
Remedies
Declaratory Judgment in Federal Court
1
2.6%
Remedies
Equitable Lien
2
5.3%
Remedies
Constructive Trust
4
10.5%
Remedies
Replevin
1
2.6%
Remedies
Ejectment
2
5.3%
Remedies
Purchase Money Resulting Trust
1
2.6%
Remedies
Pro Rata Resulting Trust
1
2.6%
Remedies
Defenses: Laches
11
28.9%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
Tested
19
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Remedies
Defenses: Unclean Hands
11
28.9%
Remedies
Defenses: Mitigation of Damages
10
26.3%
Remedies
Defenses: Intentional & Negligent Misrepresentation
6
15.8%
Torts
Intentional Torts: General Elements
5
13.2%
Torts
Doctrine of Transferred Intent
2
5.3%
Torts
Battery
5
13.2%
Torts
Assault
3
7.9%
Torts
False Imprisonment
2
5.3%
Torts
Intentional Infliction of Emotional Distress
4
10.5%
Torts
Trespass to Land
5
13.2%
Torts
Trespass to Chattels & Conversion
5
13.2%
Torts
Intentional Tort Defenses: Consent
2
5.3%
Torts
Intentional Tort Defenses: Self-Defense/Defense of Others
1
2.6%
Torts
Intentional Tort Defenses: Necessity
1
2.6%
Torts
Intentional Tort Defenses: Privilege to Arrest
1
2.6%
Torts
Intentional Tort Defenses: Shopkeeper’s Privilege to Detain
for Investigation
1
2.6%
Torts
Negligence Elements
15
39.5%
Torts
Duty: To Whom a Duty is Owed
7
18.4%
Torts
Duty: Affirmative Duty to Act
2
5.3%
Torts
Standard of Care: Reasonable Person Standard
7
18.4%
Torts
Standard of Care: Children
2
5.3%
Torts
Standard of Care: Medical Doctors
2
5.3%
Torts
Standard of Care: Professionals & Attorneys
1
2.6%
Torts
Standard of Care: Land Owner/Possessor’s Duty to
Entrants
2
5.3%
Torts
Standard of Care: Attractive Nuisance Doctrine
1
2.6%
Torts
Negligence Per Se
6
15.8%
Torts
Res Ipsa Loquitor
1
2.6%
Torts
Causation: Actual and Proximate Cause
5
13.2%
Torts
Causation: Intervening Causes
4
10.5%
Torts
Causation: Eggshell Plaintiff Rule
2
5.3%
Torts
Comparative Negligence & Contributory Negligence
9
23.7%
Torts
Assumption of Risk
10
26.3%
Torts
Negligent Infliction of Emotional Distress
4
10.5%
© 2021 SmartBarPrep | www.smartbarprep.com
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Exams
Tested
20
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Torts
Vicarious Liability of Employer: Doctrine of Respondeat
Superior
4
10.5%
Torts
Vicarious Liability: Employee vs. Independent Contractor
2
5.3%
Torts
Joint and Several Liability
2
5.3%
Torts
Survival Acts & Wrongful Death Claims
1
2.6%
Torts
Defamation
5
13.2%
Torts
Privacy Torts: Misappropriation of Name or Picture
1
2.6%
Torts
Privacy Torts: False Light
2
5.3%
Torts
Privacy Torts: Intrusion of Privacy
1
2.6%
Torts
Privacy Torts: Public Disclosure of Private Facts
2
5.3%
Torts
Intentional Interference with Business Relations
1
2.6%
Torts
Intentional & Negligent Misrepresentation
6
15.8%
Torts
Abuse of Process
1
2.6%
Torts
Malicious Prosecution
2
5.3%
Torts
Public and Private Nuisance
4
10.5%
Torts
Strict Liability: Abnormally Dangerous Activity
6
15.8%
Torts
Strict Liability: Wild & Domestic Animals
1
2.6%
Torts
Strict Products Liability: Liability for Manufacturing Defect,
Design Defect, & Failure to Warn
4
10.5%
Torts
Products Liability: Liability for Negligence
4
10.5%
Torts
Products Liability: Liability for Breach of Warranty
1
2.6%
Torts
Products Liability: Indemnification
1
2.6%
Torts
Products Liability: Compliance with Government
Regulations
1
2.6%
Trusts
Trust Formation Elements
7
18.4%
Trusts
Inter Vivos & Testamentary Trusts
1
2.6%
Trusts
Revocable & Irrevocable Trusts
2
5.3%
Trusts
Charitable Trusts
3
7.9%
Trusts
Resulting Trusts
1
2.6%
Trusts
Discretionary Trusts
1
2.6%
Trusts
Cy Pres Doctrine
4
10.5%
Trusts
Spendthrift Trusts
1
2.6%
Trusts
Rights of Creditors
1
2.6%
Trusts
Modification of a Trust
1
2.6%
Trusts
Termination of an Irrevocable Trust
3
7.9%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
21
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Trusts
Termination of a Revocable Trust
1
2.6%
Trusts
Trustee Powers
2
5.3%
Trusts
Trustee Duties Owed to Beneficiaries
6
15.8%
Trusts
Duty to Distribute in Accordance with the Trust Instrument
3
7.9%
Trusts
Prudent Investor Rule
2
5.3%
Trusts
Duty & Liability of Co-Trustees
1
2.6%
Trusts
Remedies Against a Trustee
2
5.3%
Trusts
Challenging the Validity of a Trust: Fraud & Undue
Influence
1
2.6%
Wills & Estates
Validity of a Will under California Law
2
5.3%
Wills & Estates
Will Execution Requirements
9
23.7%
Wills & Estates
Holographic Will or Codicil
9
23.7%
Wills & Estates
Modification of a Will by Codicil
4
10.5%
Wills & Estates
Ambiguities in a Will
2
5.3%
Wills & Estates
Acts of Independent Significance
4
10.5%
Wills & Estates
Integration
1
2.6%
Wills & Estates
Incorporation by Reference
3
7.9%
Wills & Estates
Testator Gift of Community & Separate Property
3
7.9%
Wills & Estates
Revocation by Physical Act
2
5.3%
Wills & Estates
Revocation by Subsequent Will or Codicil
6
15.8%
Wills & Estates
Revocation by Divorce
2
5.3%
Wills & Estates
Partial Revocation of a Will
1
2.6%
Wills & Estates
Dependent Relevant Revocation
2
5.3%
Wills & Estates
Revival of Revoked Wills & Republication by Codicil
3
7.9%
Wills & Estates
Testamentary Capacity
5
13.2%
Wills & Estates
Interested Witness
3
7.9%
Wills & Estates
Insane Delusion
1
2.6%
Wills & Estates
Fraud
1
2.6%
Wills & Estates
Undue Influence
4
10.5%
Wills & Estates
Individuals Who May Make a Will
1
2.6%
Wills & Estates
Terms of a Will Given Effect When Probated
2
5.3%
Wills & Estates
Lapse of Gifts & Anti-Lapse Statute
3
7.9%
Wills & Estates
Per Capita by Representation Distribution
2
5.3%
Wills & Estates
Per Stirpes Distribution
1
2.6%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
22
SmartBarPrep Frequency Analysis
Subject
Rule
# of Times
Rule
Appeared on
Past Exams
Wills & Estates
General Gifts
2
5.3%
Wills & Estates
Specific Gifts
2
5.3%
Wills & Estates
Demonstrative Gifts
1
2.6%
Wills & Estates
Residual Gifts
2
5.3%
Wills & Estates
Ademption
3
7.9%
Wills & Estates
Abatement
2
5.3%
Wills & Estates
Adopted Children
2
5.3%
Wills & Estates
Joint Property: Right of Survivorship
1
2.6%
Wills & Estates
Intestate Distribution
6
15.8%
Wills & Estates
Omitted Spouse
4
10.5%
Wills & Estates
Omitted Child
12
31.6%
© 2021 SmartBarPrep | www.smartbarprep.com
% out of
Exams
Tested
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