Florida Bar Exam Essay Predictions 2017

DISCLAIMER: Please know that these are only my personal predictions, and you should in NO WAY exclusively rely on them. At the end of the day, YOU are responsible for your own preparation for ALL of the essay subjects and should not gamble or rely on anyone’s predictions. PREPARE for ALL subjects. 

 

ESSAY PREDICTIONS for July 2017 FL Bar Exam— THOUGHT PROCESS

 

WHY I DON’T THINK PROPERTY WILL BE TESTED ON JULY 2017 FL BAR EXAM

 

From 2010 to 2013, Property was tested twice a year.

 

However before that (2005/2006/2008), AND in the last few years, Property has been tested once a year in February,– with the exception of 2016 where it was not tested at all that year.

 

This is why I hesitated to pick Property, because I wasn’t sure if it would show up again this year, since it was already tested in February 2017.

 

Also, I noticed that Property (since 2013) has NOT been tested along with the new subjects (Delinquency/Dep/UCC), and a part of me feels this is because Property tends to have a low median/average already – so testing them with the new subjects would lower the overall curve even further. Just an observation.

 

On the other hand, if property IS tested, then another thought I had was about Landlord/tenant rules – that has not been tested since 2005, 2000, and 1998. I suddenly started thinking about it the other day – wondering if it would ever show up again soon or if they are retiring that subject.

 

Just a thought to keep in mind, in case property is tested.

 

NEW SUBJECTS

 

In regards to the new subjects, I feel strongly that you will get Delinquency, Dependency or UCC Art 3+9.

 

Looking back at the essays (since 2013), Delinquency and Dependency have NOT been explicitly tested (and also NOT mentioned in released answers), even though their counterparts have been tested (Family Law and Crim Pro).

 

So I think it is time that it will get tested, so be especially prepared for Delinquency or Dependency.

 

In 2013, one new subject was tested in July (UCC Art 9).

In 2014, one new subject was tested in July. (UCC Art 3)

In 2015, one new subject was tested in July. (Crim Law/Pro** first time tested since 80s and 2000)

In 2016, two new subjects were tested in February. (Crim Law/Pro and UCC Art 3 +9 with emphasis on Art 3)

In 2017, none so far.

 

Be sure to prepare for Delinquency and Dependency, along with Art 3 + 9.

 

It would seem logical that you might get a full Secured Transactions essay, since that has never happened before (2013 was not a full Art 9 essay, it was mostly Contracts). Nonetheless, be prepared for either Article 3 or Article 9

 

Of course, ethics would be tested in one of these essays or ALL 3 of them, so be prepared for ethics, no matter what!!

 

So now that you understand my thought process, below are my personal predictions:

 

Family Law and Dependency/Trusts/Ethics

FL Con Law/Criminal, Crim Pro + Delinquency / Ethics

UCC Article 3 +9 / Contracts / Ethics

DISCLAIMER: Please know that these are only my personal predictions, and you should in NO WAY exclusively rely on them. At the end of the day, YOU are responsible for your own preparation for ALL of the essay subjects and should not gamble or rely on anyone’s predictions. PREPARE for ALL subjects. 

'Tis the season, they say.  

But, for many law school graduates, the month of December seems like a herculean challenge because a number of graduates are preparing to retake the bar exam next February...after receiving devastating news that they did not pass.  

So, let me write directly to you...to those of you who did not pass the bar exam this past summer.

First, you do not have to be a repeater.  Repeaters repeat, with the same outcome likely to result.  Instead, it's time to take advantage of the information and the experience that you had and turn it into a "fresh start."  You see, you have "inside information," so to speak, that first-time takers lack.  You know what it's like to sit for the exam, and, in most states, you have concrete information about what you did that was great along with inside scoop about where you can improve.

But, where is this inside info?  

It's in the scores that you received along with your answers.  The first step on your "fresh start" journey takes incredible courage but is key...grab hold of your exam questions and answers and work through them, one by one, reading the questions, outlining answers, writing solutions, and reflecting on what you learned through re-writing the exam. In the process, you'll be able to see firsthand where you can improve.  That's important information that is not available to first-time takers.  So, take advantage of it.

Second, don't focus on studying but on learning.  You see, success this time around on the bar exam is not a matter of working harder but rather working differently.  [That's why I’m always reluctant to call it studying because the focus should be on learning.].  From a big picture viewpoint, as Dr. Maryellen Weimer, Professor Emerita of Teaching and Learning at Penn State University describes, learning involves three overlapping activities focused on (1) content; (2) experiences; and, (3) reflection.

Let me be frank about the content phase of learning.  We often feel so overwhelmed by the content, particularly because it comes to us from bar review companies in the form of massive detailed lectures and equally massive detailed outlines, that we never move beyond the content.  In short, we don't feel like we know enough to practice.  Consequently, we tend to be immobilized (i.e., stuck in) in the content stage.  Instead of experiencing problem-solving first hand, we tend to re-read outlines, re-watch lectures, and in general create gigantic study tools before we have had sufficient experiences with the content to know what is really important in the big scheme of things.  

And, in my experience, most often when people don’t pass the bar exam on the first time around, it is almost always NOT because they didn’t know enough law but rather because they wrote answers that didn’t match up with the questions asked.  They were stuck in the content stage, spending too much time learning answers rather than experiencing questions.  As mentioned above, that's because we are so naturally focused on trying to learn and memorize the law.  But, I can’t EVER recall someone not passing because they didn’t know sufficient law.  It’s almost as though we know too much law that the law becomes a barrier...because we write all of the law that we know in our answers...even if it is not relevant.

That’s why the second stage is so important – experiencing the content through active open book practice.  

And, the third stage is critical too – reflection – because that is where we dig in to see patterns in the bar exam questions over time.

With that background in mind, let me offer a few suggestions so that you are not a repeater but a "fresh start" taker on your bar exam next February.

1.  Avoid the Lectures!  I would not redo the bar review commercial lectures.  At the most, if you feel like you must, feel free to listen via podcasts while exercising, etc.  In other words, just get them over and done with so that you can move quickly into the experiencing stage using the content of actual practice problems to solve problems for yourself. In other words, the least important thing in successfully passing the bar exam on the second go is listening to the lectures or reading outlines.  Rather, as you work through practice problems, take the time to dig in and understand whether you really understood what was going one...that's the sort of experience in practicing along with the sort of reflection that makes a huge difference.

2.   Daily Exercise!  Establish a schedule so that you exercise consistent learning every day.  The key is to be on a daily regimented schedule because it’s in your daily actions of experiencing and reflecting through actual bar exam problems that leads to big rises in bar exam scores.

3.  Practice Makes Passing Possible!  Right from the "get go," take advantage of every practice exam you can.  Most of your days, from the very beginning of your studies, should be engaged in practicing actual bar exam problems and reflecting on what you learned.  Don't try to learn the material through reading the outlines.  Dig in and use the outlines to solve practice problems.

4.  Reach Out To Your Law School!  Meet once per week, on a schedule, with someone at your law school to talk out your work. Bring one of your written answers or a set of MBE question that you have done or a performance test problem that you just solved.  You see, according to the learning scientists, when we explain to someone the steps that we took to solve a problem, it sticks with us.  So, take advantage of your local ASP professionals on your law school campus.

5.  Make Your Learning Work Count!  Skip the commercial bar review online homework and drills.  If the problems presented by your commercial course are not formatted like actual bar exam problems (essays, MBE questions, or performance test problems), don't do them. Period.  That's because the bar examiners don't test whether you did the drills or the online homework; rather, they test whether you can communicate and solve hypothetical bar exam fact pattern problems.  So, focus your work on the prize. Only do bar exam questions.

6.  Two-Thousand!  Okay...here's a number to remember.  According to a recent successful "fresh start" taker, the number is 2000.  That's right.  A recent taker said that she/he did just about 2000 MBE questions.   That's really experiencing the content.  You see, it’s important to work through lots and lots of bar exam problems because that helps you to see fact patterns that trigger similar issues over and over.  And, if you do that many questions, you don’t really have time for commercial bar review online homework or making gigantic study tools or re-watching the lectures over and over.  Instead, you’ll be using your time...wisely...for what is really important, learning by doing.   In particular, focus your learning (not studying!) on probing, pondering, and reflecting through every available essay and MBE question that you can.  Unfortunately, we often hear of people slowing down in the practice arena during the last two weeks to make big study tools and to work on memorization. But, memorization doesn’t work without content...and content doesn't work with out experiencing lots and lots and lots of practice problems. In other words, by practicing every possible problem that you can get your hands on you are actually memorizing without even knowing it. 

7.  The Final Two Weeks!  In the last two weeks, while you are still spending the bulk of your time practicing problems, for an hour or two a day, start to run through flashcards, or your old study tools, or posters, or your subject matter outlines.  But, do so in a flash.  It doesn’t matter whether you use commercial flash cards, your own note cards, or your own short subject matter outlines, etc., just pick something and use it to reflect on your learning. Here’s a suggestion:  The learning science experts say that it is important to “elaborate,” i.e., to explain and talk through what you are learning and ask why it is important, etc.  In other words, as you run through your study tools, put them into your own words, e.g., vocalize them, sing them out if you’d like, or even dance with them or put some “jazz” into them. In short, make your study tools live!  However, always remember that the best way to make your study tools come to life is to use them to work through lots of bar exam problems throughout the last two weeks of bar prep.

8. Be Kind-Hearted To Yourself! Realize its okay to have melt-downs.  Note, I said meltdowns not just a meltdown.  Everyone has them, and they happen more than once.  That's being human.  So, be kind to yourself.  Feel free to take time off for short adventures.  The important thing is to take some time to rest and to rejuvenate, in whatever form works for you.  My favorite is ice cream followed by a close second with hiking and even watching Andy Griffith shows (you’re too young to know what that is!).

Well, with that learning background as a foundation and these steps in mind, I wish you well as you prepare for success on your upcoming bar exam!  (Scott Johns).

 

December 7, 2017 in Bar Exam Issues, Bar Exam Preparation, Bar Exams, Learning Styles, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)

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