Saturday, September 26, 2009

Question 3 of the Florida Bar Exam: Real Property or Constitutional Law Question?

Our students have been asking us about question 3 on the Florida Bar Exam. The Florida Board of Bar Examiners, in their letters to the bar takers, has labeled Question 3 as a "Constitutional Law" question. In our evaluation of the question back in July, BarProfessors called it a Real Property/Ethics question. Who is right?

BarProfessors has always advised our bar students to read the call of the question. If you can read and understand the question and answer only that call of the question, you are on your way to getting the points you need to pass that essay.

The call of the question in Question 3 has more of a real property tint to it, although there are elements of constitutional law with the homestead issue. The call of the question asks for an evaluation of the interest each party holds in the subject property, evaluation of the title and claims against the property. The question also asks about legal fees.

But more importantly, the call of the question requests you, specifically, through a memorandum, to give certain legal analysis of the issues affecting the property status of the party.

To correctly answer any Florida question on the bar exam you must answer and understand the call of the question. Don’t worry about the label BarProfessors or the Florida Board of Bar Examiners use. Subject areas spill over into other areas. Yes, it may have constitutional law in it, but also real property. Always understand that the law has gray areas, whether on the bar exam or in legal practice.

Barprofessors will provide private tutoring for the February 2010 Florida Bar Exam. Send inquires to pass@barprofessors.com.

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