Essay – Review
(1) Constitutional Law (last tested Feb. 05, commerce clause, equal protection, due process)
a. Justiciability; governmental conflicts; individual rights
b. War on terror – tensions between government
c. Individual rights – first amendment speech, religion, equal protection
(2) Contracts (last tested Feb. 06)
a. July 05 – real property and Ks cross-over.
b. Less likely to appear
c. If does appear – likely to be a UCC problem – performance and remedies
(3) Criminal Law & Procedure
a. Criminal law most likely
b. Common law crimes – homicide, accomplice liability, conspiracy, appropriate
defenses.
c. Look at July 04 – murder question
(4) Evidence (last tested July 2005)
a. Most likely to be tested
b. Remember: narrative or prose type of question or transcript question
(5) Real Property (last tested Feb 2006, landlord, tenant, waste, fixtures, zoning).
a. Less likely to appear
b. Non-possessory interests – easements, look to possibility of conveyancing – deed,
title, delivery, mortgages
c. Donna, Stan and Paul question
(6) Torts (last tested Feb. 2006 products liability)
a. Less likely to appear
b. Defamation – natural cross-over w/ First Amendment
c. Negligence – look at July 2004 question
d. Intentional interference with an existing K
e. Misuse of process; wrongful institution of legal proceedings
(7) Civil Procedure (last tested Feb. 2006 – res judicata, collateral estoppel)
a. Less likely to appear
b. If appears, probably jurisdiction – personal or subject, joinder
(8) Community Property (last tested July 2005 – tracing, dissolution of marriage, stocks)
a. More likely than not
b. Must demonstrate – general presumptions plus accurate rules of law re specific
assets.
(9) Corporations (last tested July 2005 – joined with professional responsibility)
a. More likely than not
b. More likely federal securities law – 10(b)(5), 16(b)
c. Fiduciary duties
(10)
Professional Responsibility
a. Definite
b. Maybe full-blown
(11)
Remedies
a. Definite
b. Probably joined with another topic
c. Injunctions
(12)
Wills and Trusts (wills last tested Feb. 2006 omitted spouse, children, intestacy)
a. Trusts more likely (last tested Feb. 2005)
b. Wills less likely
Most likely:
(1) Con law
(2) Evidence
(3) Professional responsibility
(4) Remedies – cross over
(5) Community Property
(6) Corporations
(7) Trusts
(8) Criminal Law
Less likely
(1) Real Property
(2) Contracts
(3) Wills
(4) Civil Procedure
(5) Torts
(6) Criminal Procedure
Final Strategies




Focus on performing tasks
o Substantive law
o Essays
o MBE
o Performance test
Prioritize specific areas within each subject that you need help in
Work on weaknesses
Make a methodology sheet