Throw away for obvious reasons.
Second time test taker (July 2015) and confident I failed again. I studied my fucking ass off the second time (1500+ MBE's and 45 essays written out and timed on 20 of them, and additional 20 outlined; thus total of 65ish essays), but these essays were fucking brutal as shit, some of the toughest I've ever seen.
Here's a rundown of where I think I fucked up:
Essay 1: -Seemed very straightforward and real life like in a bad way. I was totally fucking lost about property in a trust and then it being granted back to the grantor at the end of the beneficiary's life, but I remember something about life estates in trusts, so I called the beneficiary the "principal beneficiary" and the trustee/remainder the "income beneficiary." Fucking wrong I found out. -Pointed out the following: CA law presumes all trusts to be revocable; Express Trust elements; Testamentary trust elements; Fiduciary Duties (all listed out); Violated these duties: segregate and not comingle, account, take trust in trustee's name; Remedies: trustee is personally liable for all breaches; Constructive Trust but tracing might be a problem because it was comingled to business investment; Equitable Lien and that are addresses the tracing problem.
Essay 2: -Fucking brutal racehorse torts question. Touched on all the relevant possibilities, but fucked up on diminished capacity because I said it is a defense. Fucking wrong, because it is not a defense in Torts. -Pointed out the following: assault (both scenarios); trespass to land+ vicarious liability(parents aren't liable for acts of kids); IIED; Negligence; NIED; Battery; Trespass to Chattels; Transferred Intent(both the intentional tort and the intended target are transferable). -Fucking kicking myself that I put Diminished Capacity. -Didn't address defenses (fucking idiot).
Essay 3: -Didn't have enough time because I was so worried about the first 2 essays so I couldn't even get to the 3rd sub question. -Conflict of Interest: Actual and Potential -Representation in Spite of COFI -Unconsentable COFI under ABA -Sexual Relations (forgot the rules so I made them up, but didn't even get to analyze because I ran outta time). -Duty of Candor and Decorum to Tribunal -Duty of Competence: ABA rule and CA rule (but I listed "repeated or consistent /constant violations" like a fucking retard instead of the reckless standard).