13 Weeks Until the February 2011 California Bar Exam

Dear California Bar Reviewers,

Congratulations to those of you that passed the July 2010 California bar exam! We extend our best wishes for a rewarding career in the practice of California law. In this issue, we consider:

• Important Upcoming California Bar Exam Dates
• California Bar Exam Study Strategy: Improving MBE Performance Via an MBE Error Log
• California Bar Exam Essays In-Depth: Common UCC 2-207 Mistakes
• BarReviewSolutions.com CA Bar News & Announcements:
• 100% Pass Rate for our July 2010 California Bar Exam Tutoring Solution: Ultimate
• California Bar Exam Newsletter-Only Discount
• Next Issue Preview

Important Upcoming California Bar Exam Dates

• Late Filing Fee for February 2011 CA Bar Exam Increases From $50 to $250: December 1, 2010

California Bar Exam Study Strategy: Improving MBE Performance Via an MBE Error Log

To improve MBE performance, one technique we suggest is the creation and maintenance of an "error log." That is, a written record as to why an individual multiple choice question was missed (e.g., an individual record in a spreadsheet).

Pinpoint the Reasons for Incorrect MBE Answers

An MBE error log can help you identify why you are missing multiple choice questions. In our experience, there can be more than one reason why you miss a multiple choice question. Such reasons include misreading the question, misreading the answer options, not knowing the applicable law, or misapplying the applicable law. The purpose of the error log is to identify your weakest areas and target those areas for improvement.

Identify the Reason Why You Missed an Individual MBE Question

To create the MBE error log, you will need to thoroughly review all missed multiple choice questions to identify the reason(s) why you missed the question. Once you identify the reason(s) for a missed question, create an entry for that reason in your error log. Over time, you error log will likely identify the one or two primary reasons why you are missing the question. Then, you can concentrate on improving those areas in future practice. For example, if your log reveals that you miss 25% of all questions because you misread the answer options, then it should be made obvious that closer attention to reading these options is warranted. Identifying your multiple choice weaknesses in this manner would not be so obvious without the assistance of the error log.

Learn From Substantive Law Mistakes on MBE Practice Questions

Possible categories for missed MBE questions in your error log, as described above, are incorrect recall or application of the applicable rule of law. A corollary to your MBE error log should be a list (via flashcards, outlines, etc...) of corrected rule statements for missed MBE questions, and your CA bar review should include periodic review of these corrected rule statements.

California Bar Exam Essays In-Depth: Common UCC 2-207 Mistakes

Our Essays In-Depth feature is an excerpt from our California Bar Exam Essay Solution On-Demand Workshop or one of our subject-specific California Bar Exam Essay Primers. This week we discuss some selected, common mistakes made on Contracts essays involving UCC 2-207, often referred to as "the Battle of the Forms."

Additional Terms in Acceptance Between Merchants

The scope of our discussion is limited to instances when additional terms in acceptance between merchants is at issue in an essay. This is specifically addressed in Section 2-207(2)(a)-(c). Keep in mind, the overriding issue for any UCC 2-207 discussion is the element of Acceptance in contract formation (Offer, Acceptance, Consideration). Accordingly, when a sale of goods between merchants is present, and additional or different terms are offered in the acceptance, then this discussion will be germane. UCC 2-207 is not germane when the UCC is inapplicable (e.g. real property or services contracts) or no additional or different terms are presented in Acceptance. Furthermore, it is important to recognize that UCC 2-207(2) only applies when the parties to a contract are merchants.

Common Mistakes With UCC 2-207

In our experience, there are several discrete, recurring mistakes individuals make when addressing the issue of additional or different terms in Acceptance between merchants for the sale of goods. Two of the most common mistakes include: 1) failure to identify all 3 tests of 2-207(2) and 2) failure to adequately analyze each additional or different term.

1) Failure to Identify All 3 Tests of 2-207(2)

The Statement of the Law for any 2-207 issue between merchants should include the 3 tests of 2-207(2). These 3 tests limit the ability of additional or different terms in Acceptance to become part of the contract. If any one of these 3 tests is violated, then the additional or different terms DO NOT become part of the contract. Conversely, in order to become part of the contract, an additional or different term in Acceptance must pass all 3 tests of 2-207(2). These 3 tests include:

• whether the Offer expressly limits Acceptance to the terms of the Offer;
• whether the additional term materially alters the Contract; and,
• whether notification of objection to the additional term has already been given (within a reasonable time after notice of them is received)

To effectively state the pertinent law for such 2-207 issues on your Contracts essays, present these 3 tests in your Statement of the Law for the issue.

2) Failure to Analyze EACH Additional or Different Term in Acceptance

Another common mistake for such 2-207 issues between merchants is the failure of individuals to address EACH additional or different term in their Analysis. Typically, when additional or different terms between merchants for the sale of goods is raised in an essay question, there will be more than 1 additional or different term in the fact pattern. Individuals exhibit a tendency to address only 1 of these additional or different terms and omit discussion of other such terms. This omission is the product of poor planning and outlining of the answer at the outset.

Remember, include an analysis of EVERY additional or different term in Acceptance when 2-207(2) is germane to the question presented.

BarReviewSolutions.com News & Announcements:

100% Pass Rate for our July 2010 California Bar Exam Tutoring Solution: Ultimate

BarReviewSolutions.com LLC is proud to announce a pass rate of 100% for individuals completing our July 2010 California Bar Exam Essay & Performance Test Tutoring Solution: Ultimate program. We congratulate everyone that passed the July 2010 California bar exam.

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Next Issue Preview

In our next issue, our Essays In-Depth feature will discuss the importance of understanding the call of the question when organizing your essay answer.

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Study smart,

-The BarReviewSolutions.com Team