Michigan Bar Exam Predictions

How Accurate Were JD Advising’s July 2019 Michigan Bar Exam Predictions?

In this post, we discuss the accuracy of JD Advising’s July 2019 Michigan Bar Exam predictions.  We also discuss which issued surprised us!  On the whole, we are happy to report that many of our predictions for the July 2019 Michigan Bar Exam were completely accurate.

How Accurate Were JD Advising’s July 2019 Michigan Bar Exam Predictions?

Full Michigan Bar Exam Questions Predicted by JD Advising

We were pleased that we accurately predicted the following questions in full on the Michigan Bar Exam:

Personal Property

We predicted that gifts would be tested as the Personal Property question this administration, and we were correct!  Specifically, the Bar Exam tested an engagement ring, which we cover in our class, and the issue of delivery, which we point out as the most-tested issue within gifts and cover extensively!

Criminal Procedure

We told everyone to review search and seizure, and, in particular, to review the recent court decisions regarding this doctrine.  We were correct that the Fourth Amendment would be tested, and also that Michigan would test a recent court decision!  The Criminal Procedure question was based on the People v. Mead case that was recently decided by the Michigan Supreme Court. We did not predict this exact case, though we did discuss it with our students in class.

Conflicts of Law

We told our students to look closely at the test for tort claims as torts is highly tested within Conflicts and, not surprisingly, torts showed up on the Conflicts question!  Our students were well-prepared to discuss the applicable test, having been assigned an essay covering very similar issues in class!

Partial Questions Predicted by JD Advising

For these questions, we did not predict the entire question, but we predicted topics within the question:

Corporations

We thought the business judgment rule would come up as part of the Corporations question and it did!  Our students had practiced multiple questions involving the business judgment rule and should not have been surprised to be expected to discuss it!

Domestic Relations

We thought the established custodial environment could be a sub-issue on the Domestic Relations question and it was!  The established custodial environment was tested in the larger context of a requested change of custody, which is one of the common issues that we warn students to prepare.

Real Property

We were not surprised to see a retaliatory eviction issue tested in Real Property and we specifically instructed our students to practice multiple essays that tested very similar issues!

Torts

Although we thought the bar examiners would test No-Fault rather than Torts this administration, we did predict that, if Torts was tested, the issue would be defamation!  We specifically anticipated a slander question, so our students should not have been surprised to see this question!

Wills

We warned students that we thought it would be a close call between Wills and Trusts being tested on the exam.  Although we thought the bar examiners were leaning toward Trusts, we did accurately predict that a Wills question would cover the elements of a valid will and, specifically, holographic wills!  This is a common issue that we cover extensively and we think our students were well-prepared to handle!

Creditors Rights

Although we did not predict a Creditors’ Rights question, we did warn our students that if it did come up, they should be prepared to discuss wage garnishments, which was one of the issues in the question!  This is a topic that, to our knowledge, is not extensively covered in other commercial bar prep classes. We think our students were well-prepared to answer this question!

Topics that Did Not Surprise Us (though not Predicted)

Civil Procedure

While we did expect to see a Civil Procedure question, we did not expect removal to be tested like it was.  Most of this question was very straightforward and covered material that is extensively covered in our class.  However, we think the “fraudulent joinder” issue probably threw a lot of people off!

Contracts

Although not what we predicted, we were not surprised to see modifications and the parol evidence rule tested on the bar exam!  We warn our students that “modifications” is a favorite of the bar examiners!

Criminal Law

The bar examiners followed their current trend of testing Michigan-specific crimes rather than common law offenses on this bar exam, testing possession with intent to deliver.  While we do not cover this extensively, we did warn students that this is a possible topic for an essay, and even recommended that students’ review other essays on the same topic!

Evidence

While we thought hearsay would come up on this bar exam, we were not surprised to see witness testimony tested as this is something that has been similarly tested recently.

Topics that Surprised Us 

Constitutional Law

This question tested the Sixth Amendment right to a speedy trial. This is something we have not seen tested before and caught us by surprise!

Negotiable Instruments

Having only been tested one time prior, we were definitely surprised to see Negotiable Instruments tested on the bar exam!  We did not predict the way in which they tested this question. It was quite different from how Negotiable Instruments was previously tested! However, we did cover the issues tested in class.

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