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Figueroa Street • Los Angeles, CA 90017-2515 • (213) 765-1500  \nESSAY QUESTIONS AND SELECTED ANSWERS  \nFEBRUARY 2018  \nCALIFORNIA BAR EXAMINATION  \nThis publication contains the five essay questions from the February 2018 California Bar Examination and two selected answers for each question.  \nThe answers were assigned high grades and were written by applicants who passed the examination after one read. The answers were produced as submitted by the applicant, except that minor corrections in spelling and punctuation were made for ease in reading. They are reproduced here with the consent of the authors.  \nQuestion Number  Subject  \n1. Professional Responsibility / Contracts  \n2. Constitutional Law  \n3. Real Property  \n4. Criminal Law and Procedure  \n5. Wills / Community Property  \nESSAY EXAMINATION INSTRUCTIONS  \nYour answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualificationsand limitations, and their relationships to each other.  \nYour answer should evidence your ability to apply the law to the given facts and to reason in a logical, lawyer-like manner from the premises you adopt to a sound conclusion. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them.  \nIf your answer contains only a statement of your conclusions, you will receive little or no credit. State fully the reasons that support your conclusions, and discuss all points thoroughly.  \nYour answer should be complete, but you should not volunteer information or discuss legal doctrines that are not pertinent to the solution of the problem.  \nUnless a question expressly asks you to use California law, you should answer according to legal theories and principles of general application.  \nQUESTION 1  \nAustin recently sold a warehouse to Beverly. The warehouse roof is made of a synthetic material called“Top-Tile.” During negotiations, Beverly asked if the roof was in good condition, and Austin replied, “I’ve never had a problem with it.” In fact, the manufacturer of Top-Tile notified Austin last year that the warehouse roof would soon develop leaks. The valid written contract to sell the warehouse specified that the property was being sold“as is, with no warranties as to the condition of the structure.”  \nAfter Beverly bought the warehouse, the roof immediately started leaking. Beverly hired Lou, an experienced trial lawyer, and executed a valid retainer agreement. Beverly then sued Austin for rescission of the warehouse sale contract, on the bases of misrepresentation and non-disclosure.  \nAt trial, Lou offered the expert testimony of Dr. Crest, a chemical engineer who had testified in other litigation concerning Top-Tile roofs. Lou knew that Dr. Crest had previously testified that, “Top-Tile roofs always last at least five years.” Lou also knew from the manufacturer’s specifications that Top-Tile roofs seem to last indefinitely, but not in some climates. On cross-examination, Dr. Crest testified that, “Top-Tile roofs never last five years,”and that, “Climate is not a factor; Top-Tile roofs fail within five years everywhere in the world.” During closing argument, Lou repeated Dr. Crest’s statements and also said that Lou’s own inspection of the roof confirmed Dr. Crest’s testimony.  \n1. Will Beverly be able to rescind the contract with Austin on the basis of misrepresentation and/or non-disclosure? Discuss.  \n2. What, if any, ethical violations has Lou committed? Discuss. Answer according to Ca","cbCaig0Q6D1HuhXU","https://ap.wps.com/l/cbCaig0Q6D1HuhXU","pdf",506021,69,"English","# Essay Questions and Selected Answers\n## Examination Instructions\n## Question 1: Professional Responsibility / Contracts\n## Question 2: Constitutional Law\n## Question 3: Real Property\n## Question 4: Criminal Law and Procedure\n## Question 5: Wills / Community Property","[{\"question\":\"What is the purpose of the selected answers in this publication?\",\"answer\":\"The publication includes two selected answers for each of the five February 2018 essay questions. The answers were assigned high grades and were written by applicants who passed the examination after one read, with minor spelling and punctuation corrections for readability.\"},{\"question\":\"What should an essay answer demonstrate according to the examination instructions?\",\"answer\":\"An answer should analyze the facts, separate material from immaterial facts, identify controlling points of law and fact, and apply relevant legal principles to the given facts using logical, lawyer-like reasoning.\"},{\"question\":\"When can an answer rely on oral statements or other evidence?\",\"answer\":\"The document notes that the parol evidence rule generally limits extrinsic evidence to supplement or contradict contract terms, but it does not apply to evidence regarding contract formation. Oral statements made when entering the contract may be admissible to show conditions on performance or misrepresentation.\"}]","California Bar Examination - Essay Questions and Selected Answers - February 2018 | PDF",1789950153,174]