Essay Questions and Selected Answers July 2004

TUESDAY MORNINGJULY 27, 2004CaliforniaBarExaminationAnswer all three questions.Time allotted: three hoursYour answer should demonstrate your abilityto analyze the facts in question, to tell thedifference between material and immaterialfacts, and to discern the points of law and factupon which the case turns. Your answershould show that you know and understandthe pertinent principles and theories of law,their qualifications and limitations, and theirrelationships to each other.Your answer should evidence your abilityto apply law to the given facts and to reason ina logical, lawyer-like manner from thepremises you adopt to a sound conclusion.Do not merely show that you rememberlegalprinciples. Instead, try to demonstrate yourproficiency in using and applying them.If your answer contains only a statement ofyour conclusions, you will receive little credit.State fully the reasons that support yourconclusions, and discuss all points thoroughly.Your answer should be complete, but youshould not volunteer information or discusslegal doctrines which are not pertinent to thesolution of the problem.Unless a question expressly asks you to useCalifornia law, you should answer accordingto legal theories and principles of generalapplication.