February 2019 Michigan Bar Exam Predictions Review
In this post, we discuss the accuracy of the JD Advising February 2019 Michigan Bar Exam predictions. We also discuss which issues surprised us! We are happy to report that many of our Michigan Bar Exam predictions were completely accurate!
February 2019 Michigan Bar Exam Predictions Review
We are pleased that we accurately predicted the following questions on the Michigan Bar Exam:
Although we didn’t think we would see Agency on the February 2019 exam, we did predict that, if it was tested, the exam would test actual versus apparent authority and liability of an agent, which is exactly what was tested! Our students should have been well prepared to answer this question.
We accurately predicted that the Criminal Procedure essay would involve Miranda rights and we were correct! Miranda rights are one of the common topics that pop up in the Criminal Procedure questions, so we were not surprised to see this.
We anticipated either prenuptial agreements or spousal support being tested on the Domestic Relations question. As it turns out, the entire essay was on spousal support! We specifically anticipated the substantive issues raised by the Domestic Relations question.
We weren’t surprised to see that the Equity question tested the Preliminary Injunction factors, which is the most common issue that we see on the Equity essays. We emphasized the importance of being prepared to discuss preliminary injunctions with our students, so we are confident that our students were not surprised to see this question!
Of the three commonly tested issues in Personal Property (bailments, gifts, and lost/abandoned property), we thought bailments would be tested this time, and that is exactly what was tested! Furthermore, the fact pattern in the essay was extremely similar to the hypotheticals for bailments that we discussed with our students.
Topics in Michigan Bar Exam Questions Predicted by JD Advising
For these questions, we did not predict the entire question, but we did predict topics that appeared within the question:
Unsurprisingly, the Contracts question was lengthy and convoluted! One of the things we predicted would come up in Contracts is the parol evidence rule, which was tested! Some of the other issues that came up included modifications and the Statute of Frauds and, although we did not specifically predict these issues, we do cover these topics in-depth with our students!
One of the things we thought would be tested in Corporations was the Business Judgment Rule, which was tested on the Corporations essay in the context of directors’ decision not to pay dividends. We specifically cover this issue with our students, so it should not have come as a surprise!
We accurately predicted that hearsay would come up in the Evidence question, particularly party admissions, and this was indeed part of the Evidence essay!
We thought fixtures might be tested this administration and it was! The question specifically tested trade fixtures in a leasehold, which is a common fact pattern that we cover with our students!
While we did not predict a Torts question, we did indicate that, if it is tested, we thought assault and battery would show up. Part of the Torts essay did, in fact, cover battery and potential defenses to that tort.
We believed a Wills question was more likely than a Trusts question on the February exam and we were correct! We also correctly predicted that the elements of a valid will would be one of the main issues of the wills question. The other portion of the Wills question involved distribution via intestacy rules, which we also cover with our students, though we did not predict.
Topics that Did Surprise Us
The questions that did surprise us? Constitutional Law can often surprise us and this year was no exception—the Constitutional Law question was very difficult for many students and we hope the graders are lenient in their grading. We were also surprised that neither Sales nor Secured Transactions appeared on the February 2019 exam.
Want to learn our predictions for an upcoming bar exam? Be sure to sign up for our Michigan Bar Exam Seminar!
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