[PDF] California Bar Exam - Essay Frequency Analysis - July 2022 Edition

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Essay Frequency Analysis

For the California Bar Exam

July 2023 Edition

¨ 2023 SmartBarPrep | www.smartbarprep.com

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. SmartBarPrep makes NO WARRANTIES or GUARANTEES as to what subject 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 examinations. While we endeavor to provide accurate and up-to-date information in this Study Guide, the accuracy, completeness, adequacy, or currency of the content is not guaranteed. Your use of any content in this Study Guide or materials linked from our website (www.smartbarprep.com) is at your own risk. Although SmartBarPrep does feel that using this Study Guide will help you on the California Bar Exam, WE MAKE NO GUARANTEE THAT YOU WILL PASS THE CALIFORNIA BAR EXAM OR ANY OTHER STATE"S BAR EXAM. Under no circumstances shall we be liable for any losses or damages whatsoever, including direct, indirect, incidental, and consequential damages, resulting from the use of this Study Guide, whether based on contract, tort, or any other legal theory. This Study Guide and the materials contained herein are provided "as is," and there are no representations or warranties, express or implied, with respect to the use of this Study Guide, or its contents. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The content of this Study Guide is not intended to and does not constitute legal advice nor is it intended to establish any attorney-client relationship.

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Table of Contents

Description Page

Subject Frequency - Past 44 Exams ........................................................................................................ 1

Subject Frequency Chart - Past 44 Exams ........................................................................................... 2

Subject Frequency - Past 252 Essays ...................................................................................................... 3

Rule Frequency .............................................................................................................................................. 4

SmartBarPrep Frequency Analysis

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1

Subjects Appearing on PastSubjects Appearing on PastSubjects Appearing on PastSubjects Appearing on Past

California Bar Exam Essays

California Bar Exam EssaysCalifornia Bar Exam EssaysCalifornia Bar Exam Essays

Subject Frequency - Past 44 Exams

Subject Number of Times Subject

Appeared on Past Exams

Percentage (%) Subject

Appeared on Past Exams

Agency 6 out of 44 exams 14%

Partnerships 7 out of 44 exams 16%

Corporations 16 out of 44 exams 36%

Civil Procedure 19 out of 44 exams 43%

Community Property 26 out of 44 exams 59%

Constitutional Law 25 out of 44 exams 57%

Contracts 28 out of 44 exams 64%

Criminal Law 16 out of 44 exams 36%

Criminal Procedure 18 out of 44 exams 41%

Evidence 28 out of 44 exams 64%

Professional Responsibility 43 out of 44 exams 98%

Real Property 23 out of 44 exams 52%

Remedies 33 out of 44 exams 75%

Torts 26 out of 44 exams 59%

Trusts 13 out of 44 exams 30%

Wills & Estates 22 out of 44 exams 50%

SmartBarPrep Frequency Analysis

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2

Subjects Appearing on PastSubjects Appearing on PastSubjects Appearing on PastSubjects Appearing on Past

California Bar Exam Essays

California Bar Exam EssaysCalifornia Bar Exam EssaysCalifornia Bar Exam Essays

Subject Frequency Chart - Past 44 Exams

221326332343281816282526191676

0 5 10 15 20 25 30 35 40 45

Wills & EstatesTrustsTortsRemediesReal PropertyProfessional ResponsibilityEvidenceCriminal ProcedureCriminal LawContractsConstitutional LawCommunity PropertyCivil ProcedureCorporationsPartnershipsAgency

# of Times Tested

SmartBarPrep Frequency Analysis

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3

Subjects Appearing on PastSubjects Appearing on PastSubjects Appearing on PastSubjects Appearing on Past

California Bar Exam Essays

California Bar Exam EssaysCalifornia Bar Exam EssaysCalifornia Bar Exam Essays

Subject Frequency - Past 252 Essays

Subject Number of Times Subject

Appeared on Past Essays

Percentage (%) Subject

Appeared on Past Essays

Agency 6 out of 252 essays 2%

Partnerships 7 out of 252 essays 3%

Corporations 16 out of 252 essays 6%

Civil Procedure 21 out of 252 essays 8%

Community Property 27 out of 252 essays 11%

Constitutional Law 26 out of 252 essays 10%

Contracts 38 out of 252 essays 15%

Criminal Law 16 out of 252 essays 6%

Criminal Procedure 19 out of 252 essays 8%

Evidence 32 out of 252 essays 13%

Professional Responsibility 50 out of 252 essays 20%

Real Property 24 out of 252 essays 10%

Remedies 42 out of 252 essays 17%

Torts 27 out of 252 essays 11%

Trusts 13 out of 252 essays 5%

Wills & Estates 22 out of 252 essays 9%

SmartBarPrep Frequency Analysis

¨ 2023 SmartBarPrep | www.smartbarprep.com

4 RulesRulesRulesRules Appearing on PastAppearing on PastAppearing on PastAppearing on Past

California Bar Exam Essays

California Bar Exam EssaysCalifornia Bar Exam EssaysCalifornia Bar Exam Essays

Rule Frequency

Subject Rule

# of Times Rule

Appeared on

Past Exams

% out of Exams

Tested

Agency Creation of Agency Relationship 2 4.5%

Agency Authority of Agent: Actual Authority 6 13.6% Agency Authority of Agent: Apparent Authority 6 13.6%

Agency Ratification of Agent"s Contracts 2 4.5%

Agency Employee vs. Owner (Sole-Proprietor, Partner, Member,

Shareholder) 1 2.3%

Agency Vicarious Liability: Doctrine of Respondeat Superior 5 11.4% Agency Vicarious Liability: Employee vs. Independent Contractor 3 6.8% Agency Employee Liability for Negligent Conduct & Indemnification 1 2.3% Partnerships Creation of a General Partnership 6 13.6% Partnerships Formation of a Limited Partnership (LP) 1 2.3% Partnerships Formation of a Limited Liability Partnership (LLP) 3 6.8% Partnerships Partnership vs. Separate Businesses 1 2.3% Partnerships Authority to Bind the Partnership 3 6.8% Partnerships Personal Liability of General Partners 5 11.4% Partnerships Personal Liability of Limited Liability Partners 2 4.5%

Total Bar Exams Analyzed 44

Total # of Essays 252

Total # of Rules Analyzed 555

SmartBarPrep Frequency Analysis

¨ 2023 SmartBarPrep | www.smartbarprep.com

5

Subject Rule

# of Times Rule

Appeared on

Past Exams

% out of Exams

Tested

Partnerships Transfer of Ownership Interest in a Partnership 1 2.3% Partnerships Fiduciary Duties Owed by Partners 2 4.5% Partnerships Winding Up & Termination of the Partnership 1 2.3% Corporations Formation of a Corporation & Articles of Incorporation 3 6.8%

Corporations Formation of an LLC 0 0.0%

Corporations De Jure Corporation 2 4.5%

Corporations De Facto Corporation 2 4.5%

Corporations Corporation by Estoppel 3 6.8%

Corporations Liability for Pre-Incorporation Contracts 5 11.4%

Corporations Ultra Vires Acts 3 6.8%

Corporations Powers of a Corporation 1 2.3%

Corporations Shareholder Liability & Piercing the Corporate Veil 7 15.9%

Corporations Watered Stock 1 2.3%

Corporations Dividends & Distributions to Shareholders 2 4.5% Corporations Shareholder Meetings: Proxy Voting & Revocation of a

Proxy 1 2.3%

Corporations Shareholder Voting Agreements & Trusts 3 6.8% Corporations Shareholder Management Agreements 1 2.3% Corporations Shareholder"s Right to Inspect Books and Records 1 2.3% Corporations Board of Directors Meeting: Quorum 1 2.3% Corporations Board of Directors Meeting: Voting & Objection to Actions 1 2.3% Corporations Compensation of Directors & Officers 2 4.5%

Corporations Election of Directors 1 2.3%

Corporations Removal of Directors & Officers 2 4.5%

Corporations Authority of Officers 2 4.5%

Corporations Duty of Care & Business Judgment Rule 12 27.3% Corporations Duty of Loyalty: Fiduciary Duty Owed 11 25.0% Corporations Duty of Loyalty: Conflicting Interest Transaction 9 20.5% Corporations Duty of Loyalty: Usurping a Corporate Opportunity 5 11.4%

Corporations Direct & Derivative Actions 3 6.8%

Corporations Fundamental Changes to a Corporation 2 4.5% Corporations Federal Securities Law - Rule 10b-5 2 4.5% Corporations Federal Securities Law - Section 16(b) 2 4.5% Corporations Dissolution: Distribution of Corporate Assets 2 4.5%

SmartBarPrep Frequency Analysis

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6

Subject Rule

# of Times Rule

Appeared on

Past Exams

% out of Exams

Tested

Corporations Dissolution: Equitable Subordination & The Deep Rock

Doctrine 1 2.3%

Civil Procedure Subject Matter Jurisdiction: California State Courts 1 2.3% Civil Procedure Federal Subject Matter Jurisdiction: Intro Statement 12 27.3% Civil Procedure Federal Subject Matter Jurisdiction: Federal Question 11 25.0% Civil Procedure Federal Subject Matter Jurisdiction: Diversity of Citizenship 12 27.3% 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 6.8%

Civil Procedure Removal to Federal Court 5 11.4%

Civil Procedure Remand from Federal Court to State Court 3 6.8%

Civil Procedure Venue in Federal Court 3 6.8%

Civil Procedure Venue in California State Court 1 2.3% Civil Procedure Residence of a Party for Venue Purposes 3 6.8% Civil Procedure Personal Jurisdiction: Traditional Bases 8 18.2% Civil Procedure Personal Jurisdiction: Long Arm Statute & Constitutional

Minimum Contacts Analysis 6 13.6%

Civil Procedure Service of Process and Notice: California State Court

Actions 1 2.3%

Civil Procedure Service of Process and Notice: Federal Court Actions 1 2.3% Civil Procedure Law Applied by Federal Courts: Erie Doctrine, Substance vs. Procedure, & Supremacy Clause 3 6.8%

Civil Procedure Counterclaims 1 2.3%

Civil Procedure Amending a Pleading: Relation Back Doctrine 2 4.5% Civil Procedure Sufficiency of Pleading: Well-Pleaded Complaint Rule 1 2.3% Civil Procedure Compulsory Joinder of Parties 2 4.5%

Civil Procedure Joinder of Claims 1 2.3%

Civil Procedure Scope of Discoverable Information 7 15.9% Civil Procedure Compelled Physical and Mental Examinations 4 9.1% Civil Procedure Document Subpoena to a Non-Party (Subpoena Duces

Tecum) 1 2.3%

Civil Procedure Depositions 1 2.3%

Civil Procedure Interrogatories in Federal Court 1 2.3% Civil Procedure Disclosure of Expert Testimony 1 2.3% Civil Procedure Rule 26(a) Initial Disclosures 1 2.3%

SmartBarPrep Frequency Analysis

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7

Subject Rule

# of Times Rule

Appeared on

Past Exams

% out of Exams

Tested

Civil Procedure Asserting Privilege During Discovery 2 4.5% Civil Procedure Motion to Compel Disclosure or Discovery 3 6.8% Civil Procedure Motion for Judgment as a Matter of Law / Judgment of

Nonsuit 1 2.3%

Civil Procedure Motion to Dismiss in Federal Court 2 4.5%

Civil Procedure Summary Judgment 3 6.8%

Civil Procedure Right to Jury Trial in Federal Court 3 6.8% Civil Procedure Appeals: Final Judgment Rule 3 6.8% Civil Procedure Appeals: Interlocutory Appeals & Exceptions to Final

Judgment Rule 2 4.5%

Civil Procedure Claim Preclusion (Res Judicata) 5 11.4% Civil Procedure Issue Preclusion (Collateral Estoppel) 4 9.1% Civil Procedure Choice of Law: Real Property Cases 1 2.3% Community Property Community Property Presumption: Guiding Principle 24 54.5% Community Property Quasi-Community Property 9 20.5% Community Property Illusory Transfer of Quasi-Community Property 2 4.5% Community Property Married Woman"s Special Presumption 2 4.5% Community Property End of the Economic Community 11 25.0%

Community Property Putative Spouse 3 6.8%

Community Property Unmarried Cohabitants 2 4.5%

Community Property Equal Rights of Spouses to Manage Property & Transfers to

Third-Parties 7 15.9%

Community Property Fiduciary Duties of Spouses 4 9.1% Community Property Property Acquired with Comingled Funds (The Moore

Principle) 2 4.5%

Community Property Jointly Titled Property & Anti-Lucas Statute 5 11.4% Community Property Personal Injury Awards & Settlements 8 18.2% Community Property Disability & Workers" Compensation Payments 1 2.3% Community Property Separate Property Business (Van Camp & Pereira Tests) 5 11.4%

Community Property Goodwill of a Business 3 6.8%

Community Property Life Insurance 1 2.3%

Community Property Stock Options 2 4.5%

Community Property Credit & Acquisitions of Property Using Credit 3 6.8% Community Property Reimbursement for Property Acquisitions & Improvements 3 6.8% Community Property Professional Degrees & Reimbursement for Education

Expenses 3 6.8%

SmartBarPrep Frequency Analysis

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8

Subject Rule

# of Times Rule

Appeared on

Past Exams

% out of Exams

Tested

Community Property Reimbursement for Child Support & Alimony Payments 3 6.8% Community Property Reimbursement for Medical Expenses 2 4.5% Community Property Pro-Rata Rule - Community Property Funds used to Pay

Separate Property Loan 1 2.3%

Community Property Transmutations 17 38.6%

Community Property Prenuptial Agreements 3 6.8%

Community Property Property Creditors May Reach to Satisfy Debts 9 20.5% Community Property Distribution of Community Assets & Debts Upon Divorce 2 4.5% Constitutional Law State Sovereign Immunity (11th Amendment) 5 11.4%

Constitutional Law Standing 11 25.0%

Constitutional Law Third-Party & Organizational Standing 4 9.1% Constitutional Law Advisory Opinions, Ripeness, & Mootness 5 11.4% Constitutional Law Legislative Powers: Commerce Clause 3 6.8% Constitutional Law Legislative Powers: Commerce Clause & Regulation of

Intrastate Activities 1 2.3%

Constitutional Law Legislative Powers: Taxing Power 0 0.0% Constitutional Law Legislative Powers: Spending Power 2 4.5% Constitutional Law Executive Powers: Domestic Powers 1 2.3% Constitutional Law Executive Powers: Treaty and Foreign Affairs Powers 1 2.3% Constitutional Law Delegation of Congressional Powers & Non-Delegation

Doctrine 1 2.3%

Constitutional Law State Immunity from Federal Law (10th Amendment) 2 4.5% Constitutional Law Negative Commerce Clause 3 6.8% Constitutional Law Supremacy Clause & Preemption 2 4.5% Constitutional Law Governmental Action ("State Action") 4 9.1%

Constitutional Law Incorporation Doctrine 2 4.5%

Constitutional Law Prohibition Against Involuntary Servitude 1 2.3% Constitutional Law Substantive Due Process 6 13.6%

Constitutional Law Procedural Due Process 6 13.6%

Constitutional Law Equal Protection Analysis 8 18.2% Constitutional Law Equal Protection: Inability to Pay Filing Fees 1 2.3% Constitutional Law Takings (5th Amendment) 7 15.9% Constitutional Law Zoning Ordinances/Spot Zoning 1 2.3%

Constitutional Law Vested Rights Doctrine 1 2.3%

Constitutional Law Privileges and Immunities Clause 2 4.5%quotesdbs_dbs14.pdfusesText_20

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