In the weeks leading up to the February 2013 Florida bar exam, I received numerous e-mails from test-takers who were concerned with the new subjects tested. A lot of the comments were negative, along the lines of, "I think I'm going to fail" because of the new subjects. I tried to reassure everyone that it remains to be seen how these new topics will be tested. I predicted that testing these subjects would unfurl over time, possibly several years. Fortunately, for those who exhibited anxiety over the new subjects, none of them were tested to the degree some feared.
According to reports, the 3 essays covered:
1. Contracts (requirement contract, Statute of Frauds issue, anticipatory repudiation and impracticality, with minor other issues) plus an issue regarding a bilateral attorney's fees provision in a contract
2. Family law - UCCJEA enforcement of a foreign divorce, modification of child support, child custody and parental responsibility
3. Torts - Assault, Negligence, weak IIED and NIED, slander per se, libel per se with some defenses regarding truth, immunity, media defendant whether notice was given, whether retraction was requested, facts vs. opinion and mere reporting, along with an issue concerning ethical considerations regarding confidentiality vs. attorney-client privilege; whether we can file a claim without the relevant facts, and whether we could participate in criminal advice/conduct.
The Florida multiple choice from Day 1 (PM) tested: