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94 Univ. Colorado L. Rev. F. 1 (2023)

handle is hein.journals/uvsyocd94 and id is 1 raw text is: 









UNIVERSITY OF


    COLORADO LAW REVIEW
  Forum                                            2023


  CIVIL PROCEDURE AND THE NEW BAR
                         EXAM

                   JEFFREY A. PARNESS*

INTRODUCTION.............................................................................1
I.INCOMPLETE WRITTEN  FRCP  AND FEDERAL  STATUTES......           3
II. KEY DIFFERENCES IN CIVIL PROCEDURE LAWS ACROSS
     THE U NITED STATES ........................................................ 5
III.CIVIL PROCEDURE IN INTEGRATED EXAM QUESTIONS............8
CONCLUSION  ................................................................................9

INTRODUCTION

    In 2022 the National Conference of Bar Examiners (NCBE)
issued its Content Scope  Outlines for public comment,1
soliciting input on significant oversights.2 The outlines were
designed to inform the public of the scope of the topics to be
assessed in the eight Foundational Concepts and Principles
(FCP) and the scope of the lawyering tasks to be assessed in the
seven Foundational Skills (FS) on the next generation of the bar
exam.3 One of the eight FCP was Civil Procedure, including





* Professor Emeritus, Northern Illinois University College of Law. BA, Colby
College; JD, The University of Chicago. Some of these thoughts were sent in April
2022 to the National Conference of Bar Examiners in response to its solicitation of
comments. .NAT'L CONFERENCE OF BAR EXAMINERS, NEXT GEN BAR EXAM
CONTENT  SCOPE OUTLINES  (2022) [hereinafter  2022  NCBE  CSO],
nextgenbarexam.ncbex.org/csopc-register.
   2. Id. at 1.
   3. Id. The FCP appear in id., at 7-38, and the FS appear in id., at 4-6. See
infra, notes 10 and 11.