CA Bar Exam Essay Questions 2012
CA Bar Exam Essay Questions 2012
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This 8 page Class Notes was uploaded by Sami Smith on Thursday March 6, 2014. The Class Notes belongs to a course at University of California - Los Angeles taught by a professor in Fall. Since its upload, it has received 156 views.
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Date Created: 03/06/14
California Bar Examination Answer all three questions Your answer should demonstrate your ability to analyze the facts in question to tell the difference between material and immaterial facts and to discern the points of law and fact upon which the case turns Your answer should show that you know and understand the pertinent principles and theories of law their qualifications and limitations and their relationships to each other Your answer should evidence your ability to apply law to the given facts and to reason in a logical awyer ike manner from the premises you adopt to a sound conclusion Do not merely show that you remember legal principles Instead try to demonstrate JULY 2012 ESSAY QUESTIONS 1 2 AND 3 your proficiency in using and applying them If your answer contains only a statement of your conclusions you will receive little credit State fully the reasons that support your conclusions and discuss all points thoroughly Your answer should be complete but you should not volunteer information or discuss legal doctrines which are not pertinent to the solution of the problem Unless a question expressly asks you to use California law you should answer according to legal theories and principles of general application Question 1 Pam and Patrick are residents of State A While visiting State B they were hit by a truck owned and operated by Corporation a freight business Corporation is incorporated under the laws of Canada and has its headquarters there where its President and Secretary are located State B is the only state in which Corporation conducts its business Corporation s drivers and other employees work out of its warehouse in State B Pam and Patrick jointly filed a lawsuit against Corporation in federal district court in State A In their complaint Pam demanded damages for personal injury in the amount of 70000 and for property damage in the amount of 10000 Patrick demanded damages in the amount of 6000 Corporation filed a motion to dismiss the complaint for lack of personal jurisdiction The federal district court denied the motion After trial it entered judgment for Pam in the amount of 60000 and for Patrick in the amount of 4000 Corporation has appealed on the grounds of lack of subject matterjurisdiction and lack of personal jurisdiction How should the court of appeals rule on each ground Discuss Question 2 Wendy and Hal are married and live in California A year ago Wendy told Hal that she would not tolerate his drinking any longer She insisted that he move out of the family home and not return until he completed an alcohol treatment program He moved out but did not obtain treatment Last month Hal went on a drinking spree started driving and struck a pedestrian When Wendy learned of the accident she told Hal that she wanted a divorce Hal has consulted Lawyer about defending him in a civil action filed by the pedestrian He is currently unemployed His only asset is his interest in the family home which he and Wendy purchased during their marriage Lawyer offered to represent Hal if Hal were to give him a promissory note secured by a lien on the family home for his fees Hal immediately accepted 1 Is Wendy s interest in the family home subject to damages recovered for injuries to the pedestrian Discuss Answer according to California law 2 Is Wendy s interest in the family home subject to payment of Hal s legal fees Discuss Answer according to California Law 3 What if any ethical violations has Lawyer committed Discuss Answer according to California and ABA authorities Question 3 Vicky was killed on a rainy night The prosecution charged Dean a business rival with her murder It alleged that on the night in question he hid in the bushes outside her home and shot her when she returned from work At Dean s trial in a California court the prosecution called Whitney Dean s wife to testify One week after the murder Whitney had found out that Dean had been dating another woman and had moved out stating the marriage was over Still angry Whitney was willing to testify against Dean After Whitney was called to the stand the court took a recess During the recess Dean and Whitney reconciled Whitney decided not to testify against Dean The trial recommenced and the prosecutor asked Whitney if she saw anything on Dean s shoes the night of the murder When Whitney refused to answer the court threatened to hold her in contempt Reluctantly Whitney testified that she saw mud on Dean s shoes The prosecution then called Ella Dean s next door neighbor Ella testified that on the night Vicky was killed she was standing by an open window in her kitchen which was about 20 feet from an open window in Dean s kitchen She also testified that she saw Dean and Whitney and she heard Dean tell Whitney I just killed the gal who stole my biggest account Dean and Whitney did not know that Ella overheard their conversation Dean called Fred a friend to testify Fred testified that on the day after Vicky was killed he was having lunch in a coffee shop when he saw Hit a well known gangster conversing at the next table with another gangster Gus Fred testified that he heard Gus ask Hit if he had taken care of the assignment concerning Vicky and that Hit then drew his index finger across his own throat Assuming all appropriate objections and motions were timely made did the court properly 1 Allow the prosecution to callWhitney Discuss 2 Admit the testimony of a Whitney Discuss b Ella Discuss c Fred Discuss Answer according to California law California Bar Examination Answer all three questions Your answer should demonstrate your ability to analyze the facts in question to tell the difference between material and immaterial facts and to discern the points of law and fact upon which the case turns Your answer should show that you know and understand the pertinent principles and theories of law their qualifications and limitations and their relationships to each other Your answer should evidence your ability to apply law to the given facts and to reason in a logical awyer ike manner from the premises you adopt to a sound conclusion Do not merely show that you remember legal principles Instead try to demonstrate JULY 2012 ESSAY QUESTIONS 4 5 AND 6 your proficiency in using and applying them If your answer contains only a statement of your conclusions you will receive little credit State fully the reasons that support your conclusions and discuss all points thoroughly Your answer should be complete but you should not volunteer information or discuss legal doctrines which are not pertinent to the solution of the problem Unless a question expressly asks you to use California law you should answer according to legal theories and principles of general application Question 4 Peter responded to an advertisement placed by Della a dentist seeking a dental hygienist After an interview Della offered Peter the job and said she would either 1 pay him 50000 per year or 2 pay him 40000 per year and agree to convey to him a parcel of land worth about 50000 if he would agree to work for her for three consecutive years Peter accepted the offer and said I d like to go with the second option but I would like a commitment for an additional three years after the first three Della said Good I d like you to start next week After Peter started work Della handed him a letter she had signed which stated only that he had agreed to work as a dental hygienist at a salary of 40000 per year After Peter had worked for two years and nine months Della decided that she would sell the parcel of land and not convey it to him Even though she had always been satisfied with his work she fired him What rights does Peter have and what remedies might he obtain as to employment and the parcel of land Discuss Question 5 In 2004 Mae a widow executed a valid will intentionally leaving out her daughter Dot and giving 50 per cent of her estate to her son Sam and 50 per cent to Church In 2008 after a serious disagreement with Sam Mae announced that she was revoking her will and then tore it in half in the presence of both Sam and Dot In 2010 after repeated requests by Sam Mae handwrote and signed a document declaring that she was thereby reviving her will She attached all of the torn pages of the will to the document At the time she signed the document she was entirely dependent on Sam for food and shelter and companionship and had not been allowed by Sam to see or speak to anyone for months By this time Church had gone out of existence In 2011 Mae died Her sole survivors are Dot and Sam What rights if any do Dot and Sam have in Mae s estate Discuss Answer according to California law Question 6 Dan worked at a church One day a woman came to the church told Dan she wanted to donate some property to the church and handed him an old book and a handgun Dan had originally intended to deliver both the book and the gun to the church s administrators but he changed his mind and delivered only the book He put the gun on the front seat of his car The next day as he was driving Dan was stopped by a police officer at a sobriety checkpoint at which officers stopped all cars and asked their drivers to exit briefly before going on their way The police officer explained the procedure and asked Would you please exit the vehicle Believing he had no choice Dan said Okay After Dan got out of his car the police officer observed the gun on the front seat and asked Dan if he was the owner Dan answered No I stole the gun But I was planning to give it back Dan is charged with theft and moves to suppress the gun and his statement to the police officer under the Fourth Amendment to the United States Constitution and Miranda v Arizona 1 Is Dan likely to prevail on his motion Discuss 2 If Dan does not prevail on his motion is he likely to be convicted at trial Discuss
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