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February 2016 FL Bar Exam Predictions
This post is in conjunction with the Feb & July 2016 FL Bar Exam.
As we have done in the past, the following discussion will address the potential essay subject matter for the February 2016 Florida Bar Exam based on statistical datum gleaned from past officially released exams. Then we will note some subject matter peculiarities, which will then lead us to conclude a potentially different essay subject matter outcome than that of the statistical datum. Therein, we will give our own personal views of what might be tested as essay subjects for the February 2016 Florida Bar Exam. Finally, we will conclude with the possible Florida multiple-choice subjects, including a caveat regarding exam “predictions”.
I. Florida Essay Predictions
A. Predictions based on Statistical Datum
B. Notable Essay Subject Matter Peculiarities
C. Predictions based on Our Own Personal Views
II. Florida Multiple-Choice Predictions
III. Caveat
I. Florida Essay Predictions
A. Predictions based on Statistical Datum
As for the essay subjects that might be tested on the February 2016 Florida Bar Exam, we found that, statistically speaking, there is a 92% chance that FL/Fed Constitutional Law will be tested, an 83% chance that Ethics will be tested, a 75% chance that Torts will be tested, a 58% chance that Contracts and Family Law and Dependency will be tested, a 50% chance that Property will be tested, a 25% chance that Trusts will be tested, and a 0% chance that UCC 3, UCC 9, or Criminal Law/Constitutional Criminal Procedure will be tested (see below Twelve-Year Essay Chart). However, our own personal views slightly differ from the statistical datum, which you can read below.
[Note: Statistical Chart removed for increased mobile device readability and functionality.]
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B. Notable Essay Subject Matter Peculiarities
Constitutional Law has been tested in essay format on every February Florida Bar Exam since 2008. In February 2014, it was double-tested (see, e.g., 12-Yr Essay Chart). We have no clue as to whether or not the examiners will change-up the essay format for this subject with the February 2016 exam. Nevertheless, given the consistency of FL/Fed Constitutional Law appearing on the February exam, we would certainly recommend being prepared for the subject.
The same is somewhat true of Family Law and Real Property. Since February 2013, Family Law has only been tested in essay format on the February exam; it has not been tested on the July exam since that time. Likewise, since February 2011, the examiners have been relatively consistent with testing Real Property in essay format on the February exam. Real Property has not been tested on the July exam since 2012.
As for Contracts, we personally find it odd how frequently the examiners have been testing that particular subject. Contract Law has become the third most highly tested essay subject on the Florida Bar Exam. First is Ethics, second is Constitutional Law, and third is Contracts. The high frequency of testing, combined with the fact that UCC 3 and UCC 9 have already been tested on the July exam, but not on the February exam, leads us to believe that there could very well be a Contracts and UCC 3 or UCC 9 cross-over question on the February 2016 exam.
C. Predictions based on Our Own Personal Views
We are of the personal view that the tested essay subjects for the February 2016 Florida Bar Exam will possibly consist of Ethics, Trusts, Property, FL/Fed Constitutional Law, Contracts, and UCC3 or UCC 9. There is also a possibility that Family Law will be tested; however, we are not inclined to believe that Dependency Law will be tested in conjunction therewith, at least not for the February 2016 exam.
II. Florida Multiple-Choice Predictions
If the Florida Board of Bar Examiners remain steady with their testing of the multiple-choice subjects, then we opine that Evidence, Business Entities (possible focus on corporations), Florida Criminal Procedure, Florida Civil Procedure, and the Florida Rules of Judicial Administration will be tested in multiple-choice format on the February 2016 Florida Bar Exam. Our conclusions are based on the past multiple-choice subjects as tested since July 2012 (see, e.g., Florida Bar Exam Tested Subjects).
III. Caveat
Please understand that our exam “predictions” are merely speculative! Moreover, the Florida Board of Bar Examiners has the right to change-up the exam format in its sole discretion. For instance, while Business Entities, which is a required subject per the Florida Supreme Court, has been tested in multiple-choice format since at least July 2012, if the examiners wanted to they could easily turn Business Entities into an essay subject. The same is true for Wills & Admin of Estates, Evidence, and Florida Procedure. As such, we highly recommend being well-prepared for all of the required testable Florida subjects in whatever format they might be presented. It goes without saying, but you must know the black letter law and the Florida law distinctions to pass the Florida Bar Exam.
We hope the best of success to each one of you who will sitting for the February 2016 Florida Bar Exam!
Posts You Might Like
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4. IRAC Writing Example
5. Essay Writing Tips
Article Resources
1. FL Board of Bar Examiners (Study Guides)
2. 12-Year Graph FL Bar Exam Essays
3. 2012-2015 FL Multiple Choice Subjects
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Is there an email address I can use to contact you? I have some thoughts about yesterday’s Part A exam that I would like to share, but I’d prefer not to post publicly. Thank you!
Reply sent via email.
Thank you very kindly to every one of you who took the time to contact us and to share your comments. Wow! The February 2016 Florida Bar Exam essays — what the heck? If this were not a “G” rated website, we would use a different vernacular to describe our disbelief as to what the Florida Board of Bar Examiners chose to test as essay subjects. … Are we still in Florida? … Sounds more like the Multi-State Essay Exam (MEE) than it does the Florida Bar Exam (which is similar to what Lisa is alluding to, we think). In any event, for those of you who will be taking Part B tomorrow, we do hope the absolute best for you! (PS. In hopes of comfort, and for what it is worth, bear in mind that the essays are “supposedly” scaled in accordance with the overall performance of all applicants who sat for Part A’s essay section of the exam. There is hope.) 🙂 Blessings and kind regards to each one of you!
Essay 1 Crim Law and Crim Pro-wanted distinctions for FL specific crimes like burglary (i.e. No dwelling req., no breaking req.) and conspiracy (no overt act req.). Felony murder issue but the killing was of a co-felon. Also theft-type crimes, so I imagine we were supposed to discuss the fact that FL has merged them (larceny, etc) under the umbrella “theft.” Also opportunity to discuss solicitation and attempt. Then came the Con Crim Pro issues regarding a pre-charge line up ID and even a FL evidence issue (I think) because they wanted to know if this could come in at trial. The issue was that it wasn’t an ID of the person necessarily, but of the body and build-arguments could be made on both sides.
Essay 2, Fed Con Law. There was an Act passed by FL legislature that definitely discriminated against out of staters and burdened interstate commerce. Lots of issues to potentially discuss here-kind of a fed con law verbal diarrhea essay due to not much direction
#3: Disaster. I agree that there was no contracts issue here. Rather, pure commercial paper with a hint of ethics. There was a check and a note, an old guy who gave both to a broker for an investment. Debatable whether or not old guy was simply paralyzed or also lacked capacity-no real facts as to incapacity, just that he was old and paralyzed, but otherwise no facts that not of sound mind. Note transferred to Broker’s nephew, check deposited with bank that had Broker as a client for years and thought the amount of the check was suspect-tried to call old dude but couldn’t get in touch and cashed it anyway. Broker left town after getting the money from the bank, question wanted to know if Bank or Nephew had claims against old guy.
Thank you 🙂 Good info. It is certainly good to know that there was room in Crim Law and Con Crim Pro to discuss FL law distinctions! Otherwise, why are we all studying the Florida law distinctions? Indeed, what the examiners tested on is “fair game”. However, if the Florida Board of Bar Examiners are so concerned about ensuring that incoming attorneys are “fit to practice law” in Florida, then why present three essays that test on federal law? Ergo, thank you for the notion that there was indeed a potential opening to discuss FL law distinctions on the essays.
It makes you wonder..
Are examiners getting further from pure Florida essays (ie more Federal) to make it more fair?
Is Trusts getting phased out?
Is Crim Law the Examiners version of the Kardashians?
Will the MC format be messed with soon? I did not notice many questions that I considered to be “obvious survey questions” and I did not notice many judicial admin questions? Actually I saw none.
Essay 1: Criminal law, Con Crim Pro, and ethics. Note: I suppose the evidence concerning the I.D. of “Alex” and suppression of his statements were con crim pro?
Essay 2: Fed Con Law. This essay walked you down a path of facts ripe for a Fla Con Law issue and then suddenly made the plaintiff hail from California and asked for Federal analysis.
Essay 3: A definite commercial paper issue and ethics, but I suppose some could have elaborated on contracts or maybe a secured issue? Note: The person was paralyzed. This was a enforcement issue with a incapacity defense. Among other issues (holder).
Pure UCC 3 question today… 🙁 Hoping that the general consensus was as weak in that subject as I felt I was. Confident in my other two though! Came here for a mid-exam encouragement reboot. Love the purpose of this site!
Ouch! Pure UCC 3? No cross-over subject? That certainly qualifies as a zinger in our view. … Thank you very, very much for taking time out of your busy schedule to let us know! 🙂 Just curious, what subjects were asked on the other two essays? We have yet to receive any updates other than from you — which again, we very much thank you for the update (and for your kind comment)! We hope you passed! If nothing else, at least Part A of the exam is finished. Blessings for a prosperous “kick butt” day on the MBE! Kind regards!
I thought the question was a cross-over with contracts, as predicted mixed with ethics, at least I hope! The consensus, from what I heard, was a majority of people were not expecting it… including me :-/
My brain is a bit fried, but from what I can remember, the other essays were criminal law, procedure & ethics and US con law.
Mult choice were a mix with emphasis on business entities (partnerships), evidence (hearsay) and civil procedure.
Wow! Brain fried is certainly understandable! It sounds like it was a difficult exam! Criminal Law and Procedure and Federal Con Law, along with UCC 3? Hmmm. We are certainly more surprised that the examiners hit Crim Law & Procedure (again) than we would have been with a Dependency Law question. Thank you very much for having taken the time to contact us! We hope you are able to get some brain and body rest so that you can “kick butt” on Part B. Blessings and kind regards.
Yes! Definitely an unexpected pure UCC 3 question. If it was a cross over, I totally missed it. It was a complete UCC 3 question asking about a note and a check😳. Total brain fry. The criminal and criminal procedure question was a surprise as well. And the federal con law question was a shocker that caught me off guard. Ethics was tested in the criminal and the UCC questions. The multiple choice definitely had an emphasis on partnership and some corporation, criminal and civil procedure (equally split), and then evidence.
I originally panicked at the end of this question because I analyzed it as a pure UCC 3 question, and realized that the facts should also be analyzed under contract theory. However after replaying it in my mind, the facts did not match a typical contract question, including words or statements about offer, acceptance, terms, performance, breach, remedy, etc. All we basically got was the old guy wanted to make an investment, and broker was making it. All of the remaining facts were mostly relevant to UCC3/ethics. Anyone else get the impression that a more proper contract analysis was possible?
Ya, the essays were kind of crazy. I feel like I handled them well, but would have certainly preferred something else. My humble take on them. #1 Fed Crim / Professional Responsibility, #2 Fed Con, #3 Pure UCC with a significant amount of Professional Responsibility. I personally don’t think #3 involved contracts at all. It was a check and a promissory note with a possible incapacity or undue influence twist. Also the issue of what constitutes a signature in FL come up in #3 on the note and draft. Just so disappointed with the essays involving 2 Fed topics, because there were so many FL topics left uncovered like family, torts, wills, contracts, real property, FL constitution… Bummer. Oh well. And the mult choice were what you anticipated, evidence and corps and partnerships. I would say corps and partnerships split evenly. Thanks!
I’m a tad scared (and confused) now… Do you think 8 subjects will be tested on this Feb.? Or just some of all the subjects you predicted?? Let’s hope it is just a few. Regardless thank you for the (free) help!
Hello Lisa,
No need to be scared! However, we certainly understand. Bear in mind that our exam predictions are merely speculative, which is one of the many reasons we do not like posting them. As long as you have done your utmost to prepare for all of the testable subjects, the best thing you can do now is to relax your mind. Have faith. We hope the very best for you tomorrow! 🙂
Quick question on the essays - In the Florida Study guide the essay question shows the topic(s) being tested. I am presuming that when you sit for the exam that information is not there. Can someone confirm that the bar examiners are not so nice as to tell you what they are looking for?
Confirmed. Lol
I appreciate the predictions and after reviewing all the essays/answers from 2004-July 2015, your predictions seem quite accurate. One question I still have as I prepare is whether you’re able to guide us as to the importance of specificity and how it may affect scores. For example, some model answers provided by the bar specifically reference Statutes and/or laws (I.e. uniform child custody jurisdiction enforcement act). If we are able to discuss in detail the aspects of certain Acts or Statutes but fail to properly name them, will be be reduced in points or merely not get as many? I find my preparations that I can usually discuss details but sometimes omit with specifity the named law/statute. Thank you ahead of time for your response prior to Tuesday!
Hello Matt,
Thank you kindly, and good question. As we understand it, essay points are awarded/earned; they are not reduced. Your objective as an essay writer is to earn, accrue, and be awarded as many points as possible. The essay grader/reader does have a scoresheet of sorts which contains, inter alia, key words (“buzz words”) that the examiners are looking for in a particular essay. If you are posed with an essay question that requires discussion of the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act), you will earn points for stating the rule’s name or abbreviation of it. Basically, the rules are seen as buzz words, at least for purposes of this comment. The more buzz words you state in your essay, the more points you can potentially accrue/earn. The use of buzz words (e.g., UCCJEA, RAP, SOF) are an important aspect of essay point maximization. Explaining the rule/statute without stating the rule/statute’s name will not lend toward point maximization.
Bear in mind that an essay grader/reader will spend approximately 2 to 4 minutes grading an essay answer that took you 1 hour to write. In order to maximize your points, it is highly advisable that you present your essay in a well organized, “in their face,” manner. Among other things, an essay writer needs to clearly state the applicable rule(s) of law — make it as easy as possible for the grader/reader to see your use of buzz words. You will earn more points that way. Otherwise, the grader/reader will have to scour through your essay to find points (which the grader/reader is unlikely to do). The jist of it is this: a mere explanation of the applicable rule/statue will indeed earn you some points; however, stating the name of the rule/statute along with an explanation will indeed help to maximize your points.
We do hope this comment helps! Likewise, we hope the absolute best of success for you on the exam, as well as all of the other applicants who have contacted us! Please be sure to take some “you” time prior to the exam. Blessings!
You mention “There is a possibility that family law will be tested; however, we are not inclined to believe that Dependency law will be tested in conjunction therewith, at least not for the February 2016 exam.” Can you elaborate your reasoning for this assumption? I understand statistics and personal experience motivate your prediction that a given topic WILL be on the exam, but what motivates your thinking that Dependency (or Juvenile Delinquency) WILL NOT be on the exam?
Joe, kindly refer to the Caveat portion of our Post. Regards.
I appreciate your website, and I am using it to craft my study plan. For e.g., Of the total time I allotted to essays I have devote ~90% to FL Con Law, ~ 70% to torts, and ~70% to Family Law. I incorporate the stats, your guesses, and my own guesses into my proportions.
I am not trying to troll your site like Ryan. I just couldn’t understand your guess about Dependency. As your caveat states, I will be preparing for Dependency regardless, but I was hoping you could give some additional insight.
I apologize if my original question came off the wrong way.
Hello Joe,
Thank you kindly 🙂 We certainly commend you for your study plan. It sounds like you are doing well, and are studying with focused diligence. As for Dependency Law, it is certainly a subject that is ripe for testing (as is Juvenile Delinquency Law). When we compiled our February 2016 exam statistics, we saw that there was a 58% chance that either, or both, Family Law & Dependency and/or Contracts might be tested.
In the past, percentage wise, we have found that when there is an equal likelihood that two subjects might be tested, the examiners seem to pick only one of the two subjects, and not both. Here, there is an equal likelihood that both Contracts and Family Law (and Dependency) might be tested. Therefore, we chose to pick one subject over the other, which was Contracts. We did state, however, that Family Law might be tested, but not in conjunction with Dependency Law.
While it makes perfect sense that the examiners would test the new subject of Dependency Law, it seemed to make more sense to us that the examiners would opt to test on the new subjects of either UCC 3 or UCC 9, either of which would possibly be aligned with a Contracts cross-over question. To date, the examiners have not tested a new subject on the February exam. They have only tested two of the four new subjects: UCC 3 and UCC 9, both of which appeared on the July exam. As such, for the February 2016 exam, in our view, it seemed more likely that the examiners would choose to test on one of the previously tested new subjects (viz., UCC 3 or UCC 9) than they would an untested subject like Dependency Law. We are somewhat inclined to believe, albeit preliminarily, that Dependency Law might appear on the July 2016 exam. However, we could be totally wrong.
We certainly do not profess to know it all. Indeed, to the contrary. We simply do the best we can with speculating our exam predictions. Of course we hope our predictions are correct. However, our “hope” is not premised on our own personal goals, gains, or agendas. Our “hope” is based on the premise that we truly hope to help applicants pass the Florida Bar Exam.
We do hope our response proves helpful and understandable. We also hope the very best of success for you on the February 2016 FL Bar Exam!
Thank you for this detailed explanation. I will adjust my study plan accordingly.
Thanks so much for the predictions. For someone taking part A of the exam only, do you have any advice on how to handle criminal law/con crim pro? The subject is so infrequently tested, and it was just on the exam in July, so I have not been studying it. As we get closer to the exam though, I am starting to get nervous about the examiners pulling a fast one on us and testing it again… but I also hate to waste the brain space for a subject that really is rote memorization that seems pretty unlikely to show up again. Any thoughts on how to narrow down the material?
Hello Kate,
You are quite welcomed, and thank you. … The best advice we can give you is to do your best to know the black letter law for all of the potentially testable subjects. Other than the three required subjects (FL Civ Pro, FL Crim Pro, and certain sections of the FL Rules of Judicial Admin), there is really no way of knowing for sure what subjects will be tested on the exam. It is more advisable to be over-prepared than it is to be under-prepared. … We do not suppose that is the answer you wanted to hear, but it is the answer that seems to be in your best interest. We hope the best of success for you on the upcoming exam! (PS. Although easier said than done, try not to stress-out about the exam. Just do the best that you can! Leave the rest to the LORD. Blessings and prayers.) 🙂
Thank you for the predictions with the final two weeks upon us. I have been preparing more generally for the essays and have consistently reviewed the model answers. I have used additional resources for FL MC and have increased my practice test scores with reviewing answer explanations. I have noticed that your predictions generally are very accurate and I am hoping for the same results going into this February Bar Exam. FL is quite different than other jurisdictions that I have passed, but I am hopeful with these predictions and the next few weeks left that I will pass FL as well.
Hello Matt,
Thank you for your comment. We greatly appreciate it 🙂 Good job with your studies! It sounds like you have a well-rounded study approach, along with a good attitude. Those two ingredients alone make a great recipe for potentially passing the exam! And yes, Florida is definitely different than other jurisdictions. We hope the absolute best of success for you on the Feb 2016 FL Bar Exam! Blessings.
Fla Bar told me there are 19 subjects. It is actually more. Only 11 or so seem plausible for an essay. You just ‘predicted’ 8 different subjects (per their list) to be tested on the essay exam. It is usually only 3-5 different subjects per exam (July 15′ had 4). Only viable option you didn’t list was Torts. Not to mention the Fla Bar suggests that neither Fla Con or Fed Con was tested last July, in reference to their subject list. A student should have studied Con Crim Pro. I would know, I sat through it 🙁
3 Essay Guess: Fla Con with Ethics; Fam (with a Dependency issue!); and Trusts with Ethics.
That’s 4 subjects per their definition.
Hello Ryan,
Thank you for your input and for being so attentive to our speculative exam predictions. We do our utmost to try and help applicants. We do our utmost to be accurate, and to be kind and courteous. We set forth our so called exam “predictions” based on past exams, statistics, and our opinions. We cite our references so that people like yourself can further their research. Good for you that you attempted to delve into our research and reach your own conclusions. We are sorry if our “predictions” did not help you with the July 2015 exam; however, according to the numerous applicant emails we received following the actual exam, the predictions did apparently help others.
We hope you succeed on the Feb 2016 exam.
Thank you for the reply and going out on a limb with the predictions this year.
[Portions of comment removed by website moderator.] … To the people behind the scenes at aplusebooks-thanks for the Fla Bar Exam information. You guys do a really good job. I’ve read through all of your posts and found a lot of really helpful exam tips and advice. Thanks ….
Hello Alex,
Thank you kindly for your Comment. We are glad to hear that the information on our website has helped you in some form or fashion. That is our sole goal here. We hope the best of success for you on the FL Bar Exam!
Hi, thanks for your email and predictions for the essay portion! This is a great help, I will study hard for these subjects and I know this will make me more comfortable at the day of the exam!
Thanks again for all your help and your webpage!
Thank you sooo much.
Thank you soooooooooooooooooo much!!!
Thanks for the email! This should help hone in the final weeks of study!
Hello Ryan, Kylle, Ayesha, and Lianna. Thank you for your comments. You are quite welcomed for the email and for the exam speculative predictions. We certainly hope we nailed it on the head, but one never knows until the day of the exam. Continued blessings to each one of you and prayers for success on the exam!