Editor’s Note: These answers to the essay questions on the February 2012 bar examination were drawn from passing candidates who earned very high scores on the essays selected. They have been transcribed as submitted by the candidate and may contain misspellings, grammatical errors, misstatements of law or fact and erroneous conclusions. They are not to be construed as model answers, nor are they in any respect the work of the Board of Bar Examiners.

QUESTION 1 — CIVIL PROCEDURE

Carl’s Chicken, Inc. (“CC”) is a national chain of fast food restaurants known for delicious chicken. CC, a Delaware corporation with its principal place of business in New Jersey, sells CC franchises to independently owned and operated businesses. As part of the franchise agreement, franchisees must attend 2-week training once a year at CC’s test kitchen in Edison, New Jersey and allow random inspections. Franchisees also agree that for a period of 2 years after termination of the franchise agreement, they will not: (1) provide services of any kind in the restaurant industry using the CC marks or any names registered with the U.S. Patent and Trademark Office; or (2) use any confidential and/ or proprietary information, such as secret recipes.