Preparing for the Bar Exam - Outlining the Rule

One question we are often asked by students studying for the Bar Exam is how much rule is needed to be sufficient in each essay. While, there is not one correct answer, here are some things to consider:

What is the specific rule brought into controversy by the facts?

Are there legal terms of art to define?

What is the general rule?

Then, build the general rule: Are there legal terms to define? Are there exceptions to the general rule? Are there elements/factors to be identified?

Is there a procedural element to consider? A motion? What is the standard? (i.e. summary judgment)

Is there a relevant distinction? (i.e. state vs. federal law)

Does the party have a relevant defense? Or is there a limit to the reach of the rule?

What are the consequences of applying this rule to the facts? (i.e. should evidence be excluded under an exclusionary rule)

Is the party entitled to damages, and if so, what kind?

Is there a procedural element to be considered? A motion? What is the standard?

Remember, this are just guidelines - every rule might not include everything, but it provides a sequence of questions to guide your thinking so you can write a complete rule statement.

Preparing for the Bar Exam - The Multistate Performance Test ("MPT")

The Multistate Performance Test ("MPT") has been adopted in most jurisdictions as part of their bar exam. The participating jurisdictions select from the two 90-minute problems provided by the NCBE for each exam administration. Much like the MBE, each jurisdiction determines its own policy regarding the relative weight given to the MPT; and just like the NCBE publishes MBE questions, they also make previously released MPTs available on its website. You should practice as many MPT problems as possible to sample the various tasks you might encounter on the exam.

The MPT is designed like a closed-universe assignment, consisting of a "file" and a "library" - you are asked to complete a task that is designed to test your fundamental lawyering skills: the ability to read and follow directions, synthesize and apply law from cases, separate relevant from irrelevant facts, and complete an assigned task in the allotted time. Here, you are given the legal issue and the law - the goal is to test your proficiency in the basic skills you developed in the course of your legal education.

The MPT tests the following:

1. Reading comprehension: There is a difference between the type of reading you’ve engaged in for law school and what you’ll do for the MPT. For the MPT, you must read pro-actively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class. You must read carefully and quickly, all the while searching for useful information and answers to the particular issue you’ve been asked to resolve.

2. Organizational skills: You must organize your time and the materials effectively to complete the required task in the time allowed. The MPT is extremely time-sensitive, you’ll have about 90 minutes in which to read and analyze an assortment of unfamiliar materials and compose a written assignments.

3. Communication skills: You must write concisely, coherently, and in a tone and manner consistent with the nature of the assignment. You must demonstrate your mastery of the language of the law and convince the bar examiners that you “sound” like an attorney ready to begin the practice of law.

4. Ability to follow directions: The MPT is task-specific: you must perform the task identified to receive credit. If you’re instructed to write a letter to a client and instead write a persuasive brief, you’ll have done nothing but demonstrate to the bar examiners your inability to read and follow directions. The directions are important for another reason: they may ask you to identify additional facts that would strengthen or, alternatively, weaken a party’s position.

Outlining the Approach:

1. Have a plan: Following a plan saves time and prevents panic: if you know what you are going to do, and practice the routine sufficiently, it becomes second nature to you by test day.

2. Practice from actual MPTs: Since the MPT tests your ability to extract legal principles from cases and statutes and apply these principles to solve a specific client problem, you will need to practice this skill. Work only from past MPT questions and use the grading guidelines to evaluate your answers. If your jurisdiction releases sample MPT answers, review them and compare them to your answers.

3. Allocate your time: You must complete the assignment to maximize your points. The bar examiners suggest that you allot 45 minutes to reading the materials and 45 minutes to organizing and writing your response.

4. Find your baseline: You have no idea how long it will take you to answer an MPT until you’ve actually done one. After you’ve read one or two of MPTs to see what they’re like, answer a sample MPT. Note how long it takes to read and outline the answer. This is your baseline reading time. Nest, proceed to write the response. Once again, time yourself. This is your baseline writing time. Don’t be surprised if it takes longer than the suggested time to get through the materials. This is to be expected the first time you approach new material. Keep practicing, especially if you have trouble with the timing. Once you’ve established your reading and writing baselines, you can concentrate on improving your time. You must practice the strategy until it becomes automatic and your approach is consistent.

5. Follow the blueprint: Practice until it becomes automatic.

For more tips on the MPT, including how tips on how to find your baseline, and developing a blueprint, you should reference Chapter 10 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008)

Preparing for the Bar Exam - The Multistate Bar Exam ("MBE")

The Multistate Bar Exam ("MBE") is part of almost every jurisdiction's bar exam. The MBE is a six-hour exam, consisting of 200 multiple choice questions, and is divided into two periods of three hours each. Applicants are instructed to choose the best answer to each question, and your score is based on the number of correctly answered questions, so you are best advised to answer every question.

Each jurisdiction has its own policy for the relative weight given to the MBE score, but what is consistent regardless of the jurisdiction where you are taking the exam is that in addition to memorizing and understanding elements and rules of law, you have to have some idea of how the issues will be presented and how they will be tested on the MBE. It is important to know what to expect and to practice applying what you have learned to the format that will be presented.

Preparing for the MBE requires that you combine your knowledge of the theoretical with the practical - you should (a) acquire a detailed understanding of the substantive law, and (b) master the specific manner in which it is tested. The best way to find out what is tested and how the material is tested is by practicing questions.

The MBE presents a challenge for some students because it tests your knowledge of substantive law, reading comprehension, reasoning skills, the ability to work quickly and efficiently, and the capacity to remain focused as you move from one question to the next. Because of it is important for you to answer as many practice problems as possible during your preparation time for the bar exam. The more you practice, the more prepared you will be on the actual bar day. But "doing questions" isn't enough - you should not just "answer" questions, but instead you should learn to "analyze" the questions - that is, you should know how to reason through a question to arrive at the correct answer choice. You must be able to follow a process in answering questions which enables you to remain focused, in control, and conscious of your thought process.

The process of analyzing questions is just as important for when you get a questions wrong as when you get it correct - if you answer a question incorrectly, you should go back and reread the question, recreate your thought process, and compare your reasoning to find the flaw in your analysis.

Remember, there is a right way to attack a multiple choice question. For more tips on the MBE, you should reference Chapter 9 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008).

See also, Preparing for the Bar Exam - Multiple Choice Questions.

Preparing for the Bar Exam - Black Letter Law

Many of you will start your bar review course in a few days - you might be lead to believe that you must read everything, learn everything, and do everything the review instructors tell you to do or you will fail the bar exam. Realistically, this will probably result in you feeling overwhelmed and anxious. Make no mistake - you need to master the law, but the way you go about it is up to you. Bar review courses are designed for the "average student" and not everyone learns the same way or at the same rate. You should build an effective study schedule based on your individual strengths and weaknesses.

First, a solid knowledge of the law is required to answer bar exam essays and multiple choice questions. Simply attending lectures and reading through your bar review outlines does not allow for you to internalize the material in a way necessary to respond to these types of question. The bar exam requires you know the rules with precision, and you have to have a solid understanding of these rules. Consequently, your study plan should include time to memorize black letter law and time to practice making use of the law.

It is important to keep in mind that studying the material is one thing, practicing with it is another. We have already discussed the importance of doing practice problems; and it is important to remember that there is a method to learning from practice exams. It is essential to become familiar with the structure, style, and content of the exam questions you will see on the actual exam, thus the bar examiners' questions can be a primary source of study material. Most jurisdictions make past questions available on their websites. Likewise, the NCBE offers the opportunity to purchase released MBE questions on its website, and these questions are a great way to prepare for the bar exam. Remember when using practice problems to study for the bar exam, there is a difference between "answering" questions, and "analyzing" questions. You must know the reason you answered the question the way you did - it is not enough to get the question right, you must know how you've reasoned through the question to arrive at the right answer.

For more tips on learning the black letter law, you should reference Chapter 7 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008).

Doing your best has to be good enough

Not surprisingly, studying and taking law school exams produces a great deal of stress. For many, this stress is rooted in the fact that students tend to emphasize external measures of success when appraising their academic performance. When we measure ourselves based on factors over which we have little if any control, stress and even depression can result. As I note in my book, Succeeding in Law School, there is another way.

Students can deal with stress rooted in grades by channeling it into a more effective form of competition. For example, many students want to be in the top 10% of their class. The need to achieve this goal is often perpetuated, both explicitly and implicitly, by faculty, administrators, and placement offices. If every law student “needs” to be in the top 10% of the class, then 90% of them are doomed to failure by their own standards. Instead of striving for a particular spot in the academic pecking order, students should attempt to achieve their personal best.

Asking the best from oneself is no small task. It requires that you do everything within your power to succeed. Consider this for a moment. How often in your life have you done everything possible to succeed? Keep in mind that your personal best may not translate into “A’s” or even “B’s” on your examinations. However, by definition your personal best means that you had nothing left to give. Anyone whose grades represent their best work [should] be satisfied.

Organizing Your Answer on a Law School Exam

When it comes to law school examinations, all students struggle to organize their writing. Even students who are quite proficient at responding to the hypotheticals posed in their classes can struggle and even freeze when confronted with a multi-issue, multi-party question on an examination. Experienced lawyers rarely encounter this problem because organizing their answers has become second nature. So, how do you accelerate your time table and handle the organization of legal issues like a seasoned pro? The answer is easier than you may realize because, in the end, there are only a few things to keep in mind.

• Point #1 – Finish reading the problem before you start writing. You cannot organize your answer to a lengthy problem after reading only a small fraction of the facts, but this is a common mistake made by first-year students. There may be an issue contained within that first sentence, but the resolution of that issue may be impacted by material contained further into the problem. Look at it this way. If a client came into your office, sat down across from you, and said “My neighbor saw me raking in my yard the other day and walked up to me . . .” would you shout out “Trespass to land!” or would you wait to hear the rest of the story. You cannot begin organizing until you hear the entire story. Once you do, you can begin organizing by creating a list of all the different issues suggested by the facts.

• Point #2 – You should walk into the examination with one level of organization already in your mind. I encourage students to review and outline throughout the year. First, it is the best way to ensure that you understand each of the concepts covered in class. Second, and more relevant to this conversation, outlining helps you see overarching organizational structures within each area of the law. For example, as you outline materials from your contracts class, a pattern should start appearing. The pattern is based on the reality that much of contract law is about whether there was an agreement between the parties. To assess whether there was an agreement, a good starting point is whether there was an offer, which requires an understanding of how one establishes the existence of an offer. Next, was there acceptance of that offer, a rejection of that offer, or counteroffer? There are, of course, additional steps in determining whether there is an agreement between the parties, but you should get the picture. You then memorize this overarching structure and apply it to each potential agreement between parties that appears on your contracts exam.

o Creating these organizational patterns will be more obvious in some course than in others. While large scale organizational patterns do appear in contracts and civil procedure, similar patterns are not as obvious in torts and criminal law. That’s OK because you can create smaller scale patterns with the material in these courses that will still help you organize your exam writing. For example, 1st degree murder, 2nd degree murder, voluntary manslaughter, involuntary manslaughter, and any other crime where someone dies can all be placed together under the heading “Homicide.” This will help you see what truly differentiates the various homicide crimes from each other and will create a structure that you will apply whenever someone dies on a criminal law exam. So, when someone dies in your criminal law final – and someone will – you would address each homicide crime independently, though not necessarily equally.

• Point #3 – The examination fact pattern will suggest an organizational structure. Broadly, there are two major organizational patterns that are suggested by the facts on any law school examination – organization by party or organization by event.

o Organization by party requires you to address the actions of each person, one person at a time, and discuss the meaning of those actions. This type of organization seems to work well in criminal law and torts where each person may have created a number of crimes or is potentially liable for multiple torts.

o Organization by event, which typically works well in contracts and civil procedure, means organizing around some event. In this context, I am using the term “event” quite broadly to include things like negotiating an agreement, filing a lawsuit, or parking my automobile overnight in a garage. Under these examples, the event becomes the starting point for discussing the various legal issues that have been generated.

o Whether you proceed by party or by event, you will still be using the organizational patterns discussed in Point #2 to move the discussion along. For example, a plaintiff’s lawsuit might be the starting point for my discussion of subject matter jurisdiction (SMJ), but I walked into the examination knowing that whenever I talk about SMJ I must address the subsidiary points of arising under jurisdiction, diversity jurisdiction, corporate diversity, domicile, etc.

• Point #4 – When dealing with small scale organization, let the law by your guide. Once you have moved beyond large scale organizational concerns, you still have to organize your analysis of each independent issue. When analyzing an issue – such as whether an individual is liable for an assault – let the law provide you with your small scale organization. For example, the typical definition of an assault looks something like this – did the defendant intentionally place another in apprehension of an imminent battery. This rule is actually comprised of multiple elements, and each element is a separate mini-issue that requires its own analysis. The analysis of one element may be significantly longer than your analysis of another, but all elements must be addressed.

Succeeding on Law School Exams

Hello all!

I am Professor Ramy and I direct the Academic Support Program (“ASP”) at Suffolk University Law School. I’ve worked as an ASP professor for over a decade, and I have learned that my students have many of the same questions/concerns year after year. With that in mind, here are a few words of wisdom to help get you through your upcoming final exams.

• First, keep in mind that this is not your first experience with law school exams. You have been through this process before, so now you know what to expect. The unknown may cause us stress and fear, but known quantities can be planned for and dealt with in an effective manner.

• Do not rehash your exams with your classmates because it can only lead to more stress. Your classmates are not grading you, so who cares how they answered the first question! In addition, no one sees every issue on a law school exam. So, it is quite possible, even likely, that your classmates saw things that you did not see and vice versa.

• Students are notoriously poor judges of how well they did on law school exams. In fact, most students believe they performed more poorly than they actually did. So, you probably did fine even if you believe you bombed an exam.

• When you walk into your exams, know that you did everything possible to succeed. By the same token, do not let your experience with any one examination rob you of the confidence you spent a whole year developing. Your hard work has earned you the right to be confident, so do not give it up so easily.

• No one gets 100% on a law school exam, so do not beat yourself up over a question you’re sure you got wrong. Remember, most essay exams contain issues that are very difficult to resolve. At times, it does not even matter whether you believe that the plaintiff should prevail or the defendant. In fact, the final answer is often much less important than your discussion of why the issue is difficult to resolve.

• If you struggle to complete the exam in the allotted time, that’s a good thing! Exams are supposed to be hard and often take every minute of the exam period to complete. If you are running out of time and still have a few issues to analyze, consider listing the problems you did not have time to get to. I can’t guarantee that you will receive any credit for this list of issues, but you may, particularly if you did a good job with the other parts of the exam.

• Once an exam is over, let it go. Even if you could have performed better on an exam, it doesn’t make any difference once it is over. Remember, have the wisdom to know the difference between the things you can change and those that you cannot. Obsessing about an exam you just completed expends valuable energy that could be used in preparing for your next one.

Finally, it is perfectly reasonable to lean on others for a bit of support. The ASP folks at your school can give you valuable advice or just listen to your worries. It’s amazing how seemingly intractable problems are cut down to size when you share your concerns with another person.

Congratulations on completing your first year of law school and good luck on your final exams.

Prof. Ramy

Preparing for the Bar Exam - Practice Questions

Doing practice questions when preparing for the bar exam is one of the most overlooked study methods. You should start doing questions right from the beginning. Often students say they are waiting until they think they know enough law, which they never think they do, so they never practice enough questions. Doing questions, and doing them correctly, should be the mantra for students during bar prep.

Below is advice from the forthcoming book, The New York Bar Exam by the Issue (Thomson West):

You should begin practicing questions as soon as you begin your bar review class. Don't make the mistake of waiting until you think you know enough law: first, you'll never think you know enough law; second, once you've attended a class and reviewed your notes on a topic, you're ready to go to work. Working with rules as you learn them by applying them in the context of new factual situations is the most effective way to learn whether you truly understand them. It also allows you to find answers to questions that naturally arise as you practice the material — while you still have time to do so.

Why to Practice Questions

The reason to practice questions is to learn from them. While you may find this difficult to believe, you've learned as much as you are going to learn from your notes after you've read them once or twice. You've got to put them aside and move on to the questions to apply what you've learned to actual problems. This is the only way to find out what you know and what you don't. When your studying is "question-driven," it will lead you back to any gaps in your knowledge of the rules.