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February 2012 Bar Exam Analysis (DC VA NY)

And with the leap year behind us, so is the February 2012 Bar exam behind us.  Let’s take a quick look at how the exams went.

First, let’s start with DC (and also touch on New York):

Essays – The MEE selection for DC was fair and straightforward, with 2 MBE subjects (contracts and evidence) and 4 MEE subjects (Corporations, Fed Civ Pro (conflicts crossover), Partnership, and Wills).

Performance tests – The MPTs for DC were not as great.  We had one Objective letter to a client, which was totally straightforward, and one never before seen “leave behind letter” that was persuasive.  Up in NY, they decided to pick the leave behind letter (joy). Nevertheless, as with all MPTs, practice makes perfect and even though the leave behind was an unknown, after looking over it, it became clear what they were asking for and was manageable.

Speaking of NY, the essays there were a nice selection. No UCC 3 or 9, which I’m sure was a relief for many.  A full NY practice, some criminal, sales, wills/trusts, and contracts.  Tough but fair questions.

As for the Commonwealth of Virginia, as usual, the questions were tough but fair.  We got a nice assortment of some classic subjects: VA civ pro, conflicts, sales, agency, corporations, wills, local govt., domestic relations, criminal, real property and our good friend equity.  I’ll do a more complete analysis of these questions in a month or so, just in time for when the July early birds start studying.

The MBE was about as typical as they come.  Nothing to report on that front.

Good job to everyone who took the exam, it’s over.  Go ahead and breathe and move on with your lives.  And, as our good friend Tom Petty would say, the waiting is the hardest part. :-)

By Dwight Zenzano

Dwight Zenzano is the author of the Bar Exam Blog at www.dcbarexam.com and tutors for bar exams across the country. He specializes in the Virginia and UBE (DC) bar exams.

22 replies on “February 2012 Bar Exam Analysis (DC VA NY)”

VA was a bear, the essays were extremely tough, so convuluted and the Agency one almost didn’t feel like Agency. I have a horrible feeling about this exam, anyone else with me

Virginia was insane in the afternoon, marketable title questiona and th pool question? seriously? It was this exams BS question like inverse condemnation last July. And that crim law question was either poorly written or intentionally vague when it came to the details of the crime. Most of the questions had bright line rules that you either know did not know.period. If you got most of the as you should you will pass bc a ton of people in february are non traditional bar examinees who work and study and have never been in virginia until the exam. The bear that is va pro was a very easy question. Will was easy. Even equity which seems scary was simple. And it was nice to be rewarded for studying conflicts and local gov. A lot of people skipped local gov law since it was tested back in July, but it had a full question this time. And the corp/ agency questions was just a lot of typing, not a lot of thinking. Overall, this was much easier than July, but the curve will be painful since it was easy for everyone. Expect a pass rate around 50-55% which means half the room failed.

I took VA. I felt better about the test when I was taking it than I do now reading these comments. I have to agree that the afternoon questions were harder — or at least murkier and less clear cut — than the morning questions. I’m probably better off not thinking about it.

I agree with Bob, marketable title pool question was ridiculous, and reminded me of that inverse condemnation question from July. I thought the questions overall were much easier than July, but maybe because I knew more of what to expect from not passing July and studying differently. I’m anxiously awaiting someone’s analysis or model answers as I’m pretty nervous about results. I don’t know if I’d agree that the Va pro question regarding the summary judgment motions was easy as it tested a pretty detailed Va nuance. Luckily, the questions was absolutely identical to a Barbri practice essay and only the party names were changed. I happened to study the question in Barbri the night before and was thrilled to see it on the bar. Couldn’t believe it, honestly. Similarly, the agency/corps, criminal law, and sales questions were identical to Barbri practice essays with only the names changed. The criminal law question was basic entrapment, and made me nervous that it was so vague or so easy, as Bob mentioned. I’m racking my brain trying to remember the short answer questions. If anybody remembers them, please post them. I feel better about it this go around, but still, who knows. Best of luck to all.

What Barbri questions are you talking about, none were identical with just the names changes, i have the most recent barbri book and scoured that stuff to find it…I think you are trolling.

Negative on the trolling, don’t have that kind of time. Barbri materials for Summer 2011/Winter 2012, Virginia essay questions book, mine was orange. For the Virginia procedure question – I think it was a morning question on the bar – dealing with whether the court was correct in granting or denying summary judgment motions (this was also a conflicts question dealing with which statute of limitations period applies), go to #11 in the Virginia procedure section. Barbri’s question has “United” as the Virginia company and “Olde Dominion” as the Colorado company. Looks pretty much identical to me. But, I’m not one of those internet a**holes that is never wrong, so I could be wrong. If you see the difference, please let me know.
For Agency/Corps, go to the Agency section in Barbri and look at #11. Looks nearly identical to what I remember seeing on the bar.
Criminal Law question admittedly is not identical to what was in Barbri. But, #1 in that section has a very similar entrapment question that was on the bar, without the felony murder part.
Can you remember any of the short answers on the bar? That’s what I’m racking my brain over

The #11 referred to for either Va Procedure or Agency could be in the mixed subject section of Barbri’s book. I already sent mine back, but scanned copies of those questions and all I’m seeing is #11. Just fyi. Hope you find it

There was also a multiple choice question asking about subject matter and personal jurisdiction and then another asking about the use of depositions when the witness is available to testify on the short answer questions. Does anyone else remember any of the other short answers.

The short answer VA questions that I remember were:
1) Other than in domestic cases, in what other type of cases are contingency fees not permitted? Answer: Criminal Cases
2) To be charged for grand larceny for taking property from the person of another in the Commonwealth of VA, the property’s value must exceed? Answer: $5
3) An adjusted basis tax question: I just remember the answer was $20K

That is all I remember

One was a fill in the blank where the answers were recission and reformation – can’t remember which of those 2 the blank required, think it was reformation. Another was a fill in the blank where the answer was 21 days. The question was something about the 21 day rule. So that makes 7 that we can remember. Anybody got the other 2?

Any idea on what the answer for the VA short answer where the P got into a car accident with the D in VA. The P then moved to West VA and filed suit. I knew subject matter jurisdiction was fine but didn’t think West VA had personal jurisdiction over the D. Any thoughts?

He’s right – VA Civ Pro #11 was identical (except for names/dates) to bar exam question #1. I could not believe how lucky we got on that. The pool question was crazy – I think I went with a discussion of equitable servitudes. It was the first part – whether the husband got any interest in the property that was trickiest.

I said it was an easement in gross. I think that part was trickier and up for more discussion than whether the husband had any interest.

I said the same thing (Easment in gross used for personal use that cannot be transferred) for the pool question. I then went on to say it was a license.

The suggested answers really don’t deal with that question in all that much detail – something like the first buyer was a BFP with no notice that the original purchase was made using communal funds as to part a. I think that part confused me. Everyone I talked to said something different about that question, so I’m not too worried. I thought the rest of the exam was better than I expected. Glad there was no commercial paper or creditors rights! The MBE was a lot more difficult than I expected having been told consistently that the barbri tests are harder.

This is what I remember:
1.grand larceny
2.a question about what happens when the jury can’t agree on punishment but convicts the person – whether there is a new sentencing decision only- or new trial- blah blah blah.
3.21 days question
4.contract and mutual mistake
5.contigent fee
6.an evidence question – an excited utterance-y type thing maybe?
7.the WV VA diversity and venue question
8.supreme court review of contract- I think one of the options was something about de novo review
9. tax basis- I think the answer to that was $160,000
10. something about depositions and a hospital

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