One of my bar exam students expressed a very common concern during a study session. She said she was afraid that she didn't know the law well enough to start answering questions. She said, "I need more time with my notes." I told her that she would never feel as if she knew the law "well enough" — and even if she could remember all the law, the rule alone would not help her answer an MBE question if she had not practiced answering MBE questions.
The process of answering an MBE question is analytical. It requires you to use the rule you have learned to answer the question. You need to practice the process of reasoning with the law which is not the same thing as reciting it. Memorizing your notes does not develop this critical skill.
Do not wait to answer questions. As soon as you have reviewed your bar review notes in a subject, it is time to get to work answering questions in that subject area. Answer one question at a time and work your way through the question carefully and thoughtfully. Look up the rule if you cannot recite it completely and correctly --- now is the time to do so because you are working through the question. This will help you remember the rule in a way that simply reading your notes does not allow because you will have a factual setting for the rule's application. This is the key to memorization.
Be sure to articulate your reasoning for your answer choice. Now check your answer. If it is correct, read the explanation. Make sure you got it right for the right reason. If you answered incorrectly, make sure you know where your reasoning was incorrect. This is key to getting the right answer the next time you have a similar question. Also, take notes on the law if you need to do so. This will supplement your notes in a meaningful way because it is connected to the reasoning process involved in answering the question.
It should take you about 2 hours to answer 10 to 15 questions if you follow this approach. This is "studying" and not simply "doing" questions. You are using the questions to learn the law. This is very different from when you will be taking the exam. Right now, you are not concerned with timing, but with learning. When you have sufficiently covered an area, then you can take timed practice sessions. But not now. Now you are focusing on learning the law and the way it is tested. The more you practice and the comfortable you become with the process and the rules, your speed will naturally increase.
Professor Suzanne Darrow-Kleinhaus
Director of Academic Development
Touro Law Center
Thank you! This was the exact answer I was looking for. I find myself getting a lot wrong on my MBE practice b/c I can't remember the law. It makes sense to look it up now and focus on recall later.
ReplyDeleteShould I also use this approach for essays?