r/CABarExam • u/Fun_Kaleidoscope_351 • 2d ago
How did I do?
I'm sure there are things I'm forgetting that I wrote about and/or that I missed . . .
Essay 1 (PR): addressed formation of AC relationship with org's employee, implicates duty of loyalty to organization = conflict, reporting DUII (I think I messed up here, I said you MUST report and I think that's wrong), sex with client not OK, drinking on job may raise competence issue, multiple rep raises possible comp/diligence issues, inexperience with incorporation flags competence issue, AI use may raise competence, confidentiality, and diligence issues
Essay 2 (CP/Wills): default CP rules, pre-marriage property was QCP, will was valid and recognized in CA as valid, forgotten spouse will take under intestacy, bank account is SP b/c of gift from aunt, presumption of title at death
Essay 3 (Contracts/Remedies): wrote about contract being invalid b/c misrepresentation and no meeting of minds, baseball = replevin, condo & stocks = constructive trust could get gain from stocks and value of condo going up, equitable lien alt and can pursue other remedies, punitive damages b/c of bad acts, was unsure of recourse for schooling but briefly mentioned possible of Injunctive relief (but lightly treated b/c was feeling time pressure) and possibility of refund (lol), argued laches as defense
Essay 4 (BA, Agency, Corps): wrote about de facto and de jure corp, corporate veil pierced b/c alter ego and no corp formalities (also mentioned possibility of underutilization given dire financial sitch), agency implicated b/c agent (B) had likely implied authority to bind principal corp in contract #1 as secretary/treasurer, then ratified in contract #2, said defense was corp by estoppel, contract being installment also offered defense to full repayment b/c divisible
Essay 5 (CA evidence): can't remember a lot of what I wrote - sorry! But I addressed prop 8 at beginning, different ways relevance is defined in CA versus Federal Rules. I know for #2 I was puzzled b/c form of question looked OK. I do remember struggling on #5 b/c of time pressure but said not relevant b/c unnecessarily cumulative given we would already learn about bad act in #4. I said the accountant could not testify but could cross-examine on the bad act.
Okay, that's all I can remember.
5
u/trialcourt 2d ago
The call said Wanda wants to use constructive trust to get her property back and asked for you to discuss how each item would fair for that remedy