So far so good, right? We really do not see a need to deviate much from the original predictions at this point, but perhaps we can offer a bit more focus for you.
Here is what we think you might see tomorrow:
- Business Associations crossed over with Professional Responsibility. Professional Responsibility is less likely to appear as a full-blown essay at this point, so it will either be a crossover, or it will be on PT B. As you likely know, when it is crossed over, one of the most logical host subjects is Business Associations.
- Crimes. Given that Criminal Procedure and theft crimes have been hit the most recently when Crimes has appeared (and it has been a little while), we think that crimes against the person, most likely homicide, is ripe for testing.
- Torts crossed over with Civil Procedure. This would round out our predictions and leave us with a perfect mark. That does not happen every time though. That said however, we would not at all be surprised by Civil Procedure returning in a Torts context. This could look like a 12(b)(6) or demurrer to a tort-based complaint, and you would need to test the sufficiency of the pleadings. Or it could be more parsed out like July 2009 Question 5. There, there was a quick nuisance call and injunction analysis, followed by a res judicata call, followed by a duty of confidentiality call. Remember that in California for res judicata, the "primary rights" approach is used—not the transactional approach relied on by the federal courts. Also remember that California is a code-pleading state. Federal courts accept notice pleading, which is a lower standard.
Watch each of the clips for the remaining subjects in our playlist for the predicted specific issues, which you can access here.
We wish everyone the best tomorrow, and remember these are just predictions. You should be prepared for anything, and if you have put in the work, you will be.