Many students studying for the New York Bar Exam have asked what to do now that their respective bar review classes are over. Generally, when your bar review course ends, there is about seven to twelve days when you will be on your own, and now you have entire days and nights just to study. The question becomes what, when, and how do you study during these critical remaining days.
Your goal during these final days is to review all of the tested topics by using only your notes, outlines, and rule paragraphs you have generated while studying over the past weeks. This requires a strategy so that you maximize what you need based on your individual strengths and weaknesses.
Continue working by subject, and begin with a review of your weaker subjects since these will be the ones you will review again at the end of the study period. This will give you time for two rounds with these topics with the final review closest to the exam itself.
The Schedule:
1. Do 30 – 33 multiple choice questions and review the answers in the morning. If you need additional multiple choice questions, the National Conference of Bar Examiners releases online practice exams. Supplement your outlines with law, if necessary.
2. Go through released bar exam essays, identifying the issues for each. The New York State Board of Law Examiners releases past exams.
3. After working through the released exams, look at your notes, outlines, and rule paragraphs and write out rules for any issues listed that are not covered in your notes.
4. Select two or three essays and write them out completely (this should take approximately two hours).
5. Study essay sample answers for all essays, including those you did not write out. Where appropriate, annotate or supplement your notes, outlines, and rule paragraphs with new, more concise and appropriate legal language.
6. Read through outlines to continue to review the law.
If time remains after going through all of the essays by subject (and it should), then go back to the subject or two that you felt was your weakest, and review the respective subject(s) again.
Good Luck on Bar Exam!
Note: the following are suggestions are from the forthcoming book, The New York Bar Exam by the Issue (Thomson West).
Showing posts with label bar exam. Show all posts
Showing posts with label bar exam. Show all posts
Thursday, July 14, 2011
Tuesday, June 21, 2011
Preparing for the Bar Exam - Burn Out and Boredom
Several students have complained recently about either beginning to feel burned out or being bored by the whole bar exam process. While the two complaints are not the same, my advice is similar in both cases -- it is important to strike a balance between the overly aggressive approach of doing too much and the overly complacent approach. Regardless of whether you are burned out or bored, you should take a step back, look at your schedule and set realistic goals for yourself. For example, if you know that there’s no way you’re going to get through 50 multiple choice questions a day, don’t set such an unreasonable goal. You must be able to sustain the effort over the entire review period, up to and including the bar exam itself. It’s not good if you burn out or are completely bored by the process. Remember, the objective in practicing questions is not the “doing” of numbers but the learning of law and the process of analysis.
It is important to maintain a realistic work schedule, one that allows for lecture
time, review time, practice time, and time that you are not studying. Reexamine your schedule to make sure you have set a realistic work schedule that allows for:
Lecture time
Review time
Practice time
Relaxation time
In considering this, look at whether you have defined realistic study goals based on your strengths and weaknesses:
Are you varying your study activities sufficiently throughout the day to maintain your concentration level?
Have you set up a daily work schedule to include time for: attending your bar review class; reviewing the material covered in each class; consolidating your notes; working through practice questions; learning black letter law; and taking study breaks and exercising?
Have you set up a weekly schedule that includes a little time away from your studies?
Also, you might want to consider revising your schedule to:
Vary the sequence of your study activities, and maybe change your study location;
Or consider revising your approach to: alternate your review materials to take up the topic in another form -- anything that keeps you interested and adds to your understanding of the subject (i.e. read a different outline from your bar review materials; go back to your law school outline; or consult a hornbook).
Finally, you may want to consider the balance of study time vs. practice time to allow more time for practicing questions.
It might be worthwile to reconsider and revise how you are scheduling your time. You can refer to our blog post on time management for more tips.
It is important to maintain a realistic work schedule, one that allows for lecture
time, review time, practice time, and time that you are not studying. Reexamine your schedule to make sure you have set a realistic work schedule that allows for:
In considering this, look at whether you have defined realistic study goals based on your strengths and weaknesses:
Also, you might want to consider revising your schedule to:
It might be worthwile to reconsider and revise how you are scheduling your time. You can refer to our blog post on time management for more tips.
Monday, June 13, 2011
The need to practice MBE questions begins immediately
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
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
Tuesday, June 7, 2011
Preparing for the Bar Exam - Managing Stress and Anxiety
While working with students preparing for the bar exam over the past few weeks, many of them are talking about the pressure they feel to pass the bar exam; some have even said this pressure is overwhelming. They are overwhelmed by the number of subjects and the amount of material they are responsble for -- admittedly, there is a lot of material to be responsible for at one time.
The difference between the bar exam and law school is that in law school exams were spread out over a longer period of time, and the number of areas of law covered in exams were fewer. Often, you were tested on one subject at a time, which you knew beforehand, and then you had at least one day before being tested on another subject.
In contrast, when you walk into the bar exam, you’re facing a lot more material. You are responsible for all the subjects tested in your jurisdiction; and the subjects are tested in a random manner so that both the subject matter and the level of difficulty may from question to question -- plus, you’re tested on everything in a two or three day period.
It is understandable that you are overwhelmed by the volume of the material and the pace by which you are moving. When combined with the time pressures of the exam itself, it’s not unusual to feel more than just a little bit anxious. There is a real basis to the anxiety -- which leads to the next concern: stress.
When you study for the bar exam, you are facing one of the most stressful periods of your life. You may be consumed with thoughts of “what if ” -- what if I fail; what if I have to do this again . . . These are very normal fears. In fact, a certain level of anxiety and stress is good, but too much prevents you from doing your job of studying the law. You can’t afford to lose control because of the pressure.
Try looking at the exam from an entirely different perspective:
1. The bar exam has definite boundaries even though it tests multiple topics.
2. There is enough time to prepare for the bar exam if you plan for it.
3. A certain level of stress can be productive.
1. The bar exam has “boundaries”:
The national and state bar examiners define the universe of what is tested on your jurisdiction’s bar exam. The number of subjects tested on the bar exam is finite. For the Multistate Bar Examination (the MBE), the National Bar Examiners provide a subject matter outline that indicates the scope of coverage for each subject with a breakdown by percentage of questions from each category. Similarly, most jurisdictions provide candidates with a list of the topics covered on their bar exam. This allows you to define the scope of the exam. Also, you can (and should) study from released bar exam questions just as you worked with your professors’ old exams in preparing for finals to give you an idea of what the questions will look like on the actual exam day.
2. There’s enough time if you plan properly:
The bar exam requires a major commitment of time and effort to succeed. Bar review courses are structured to lead you through the material, but you must make the effort to learn it. It takes time to memorize black letter law and to practice problems. You can do this if you plan ahead and manage your time wisely.
3. Some stress is unavoidable:
A little anxiety can be a good thing before an exam. Anxiety is absolutely normal and very necessary because the adrenaline ensures that you’ll operate at peak performance. It helps to keep you focused. The problem occurs when it interferes with your performance, and preparation is the recommended antidote to test anxiety. You must go into the bar exam knowing that you’ve done everything possible to prepare.
While you continue to prepare for the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources, and give great tips on managing stress and anxiety while studying for the bar exam.
The difference between the bar exam and law school is that in law school exams were spread out over a longer period of time, and the number of areas of law covered in exams were fewer. Often, you were tested on one subject at a time, which you knew beforehand, and then you had at least one day before being tested on another subject.
In contrast, when you walk into the bar exam, you’re facing a lot more material. You are responsible for all the subjects tested in your jurisdiction; and the subjects are tested in a random manner so that both the subject matter and the level of difficulty may from question to question -- plus, you’re tested on everything in a two or three day period.
It is understandable that you are overwhelmed by the volume of the material and the pace by which you are moving. When combined with the time pressures of the exam itself, it’s not unusual to feel more than just a little bit anxious. There is a real basis to the anxiety -- which leads to the next concern: stress.
When you study for the bar exam, you are facing one of the most stressful periods of your life. You may be consumed with thoughts of “what if ” -- what if I fail; what if I have to do this again . . . These are very normal fears. In fact, a certain level of anxiety and stress is good, but too much prevents you from doing your job of studying the law. You can’t afford to lose control because of the pressure.
Try looking at the exam from an entirely different perspective:
1. The bar exam has definite boundaries even though it tests multiple topics.
2. There is enough time to prepare for the bar exam if you plan for it.
3. A certain level of stress can be productive.
1. The bar exam has “boundaries”:
The national and state bar examiners define the universe of what is tested on your jurisdiction’s bar exam. The number of subjects tested on the bar exam is finite. For the Multistate Bar Examination (the MBE), the National Bar Examiners provide a subject matter outline that indicates the scope of coverage for each subject with a breakdown by percentage of questions from each category. Similarly, most jurisdictions provide candidates with a list of the topics covered on their bar exam. This allows you to define the scope of the exam. Also, you can (and should) study from released bar exam questions just as you worked with your professors’ old exams in preparing for finals to give you an idea of what the questions will look like on the actual exam day.
2. There’s enough time if you plan properly:
The bar exam requires a major commitment of time and effort to succeed. Bar review courses are structured to lead you through the material, but you must make the effort to learn it. It takes time to memorize black letter law and to practice problems. You can do this if you plan ahead and manage your time wisely.
3. Some stress is unavoidable:
A little anxiety can be a good thing before an exam. Anxiety is absolutely normal and very necessary because the adrenaline ensures that you’ll operate at peak performance. It helps to keep you focused. The problem occurs when it interferes with your performance, and preparation is the recommended antidote to test anxiety. You must go into the bar exam knowing that you’ve done everything possible to prepare.
While you continue to prepare for the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources, and give great tips on managing stress and anxiety while studying for the bar exam.
Tuesday, May 31, 2011
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.
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.
Thursday, May 26, 2011
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)
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)
Saturday, May 21, 2011
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.
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.
Thursday, May 19, 2011
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).
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).
Sunday, May 1, 2011
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):
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.
Wednesday, January 12, 2011
Preparing for the Bar Exam - Essay Questions
The essay portion of the bar exam is another important aspect of the bar exam, and you are the one in control of the question when you write. Unlike a multiple choice question where you have to match up your analysis of the problem to fit one of the answer choices, here you have some flexibility. While there are limits determined by the issues set up in the facts, you can take a slightly different path and still accrue significant points.
Bar examiners have the same expectations when reading an essay as did your law professors: one that demonstrates your ability to engage in legal thought and analysis. This doesn't mean there is a right or wrong answer, just that you provide a well-reasoned argument based on the analysis of the relevant issues and application of the law to the facts, followed by a legal conclusion. In fact, as you review sample candidate answers, you will find examples of answers that reach opposite conclusions yet have been selected as above average answers. You should pay particular attention to such examples because it’s tangible proof of what we’ve been saying all along – that it’s the reasoning that counts and not the bottom line conclusion.
The following are the steps you’ll take for writing “bar-right” essays:
1. Know Your Audience
Bar exam graders read a large number of essays and evaluate them according to strict criteria. They know what they are looking for and the easier you make it for them to find it, the more points you will accrue. Generally, you can count on writing clear, concise, and focused exam answers which conform to the basic structure of legal analysis — in other words, IRAC. This may require you to make certain adjustments in your style and presentation if you are more accustomed to broad, generalized discussions.
It is important to review released essays from the state’s bar examiners. While your bar review course includes a good number of simulated practice tests and essay writing exercises, there is no substitute for the real thing.
2. Know Exactly What is Tested and How
Some questions will lead you to the issues to be discussed and others will leave it open and require you to “issue-spot.” Only thorough preparation will let you know what to expect.
3. De-construct Exam Questions and Sample Answers
You might be wondering how “de-constructing a question” differs from “reading a question.” Generally, your focus when reading a question is to determine what is required of you to answer it. You are concerned with the information relevant to your task — evaluating whether the defendant committed felony murder, whether the statement was admissible, whether a contract was formed, and so forth. But when you are studying and trying to learn from the questions, your purpose in de-constructing a question is to analyze its organization and content for patterns and consistencies. There is a natural connection between certain topics and with preparation, you will become familiar with the questions and able to recognize the issues. Bar examiners are adept at weaving procedural questions with substantive issues in ways you might hardly notice — that is, unless you were looking for them.
Remember, the bar examiners are incredibly efficient at using a single word or short phrase to convey enormous meaning. Only careful reading of essay questions will allow you to recognize key words and phrases. The bar examiners are similarly adept at using language to signal non-issues. Only the careful, observant reader will know not to discuss such matters, saving time and effort for the real issues.
Now that you have de-constructed exam questions, it’s time to de-construct exam answers — an equally important part of your preparation. Here, rather than studying past exams to see what you can expect from the bar examiners, your goal is to learn what they expect from you. As you review sample candidate answers, you may find examples of answers that reach opposite conclusions. This is proof that it’s the reasoning that counts and not necessarily the bottom line conclusion. Certainly, the correct answer gets the most points but it is possible to get points if your argument is based on law and grounded in the facts.
4. Follow a Formula: Write IRAC
It should be clear from the de-construction process that your answers will follow a basic IRAC structure and it’s okay to be obvious about it. IRAC allows you to organize your response and remain in control, whether addressing a narrow issue-driven essay or a general question. With slight variations to account for the type of questions in your jurisdiction, you can make IRAC your blueprint for answering any essay question.
Begin your sentence with “The issue is whether.” It’s okay to be obvious; use the “whether, when” construction to lead you to connect the legal question with the specific facts in controversy. When you use this approach to formulate an issue, you avoid overly general statements and provide a path to follow in your analysis. This leads to an essay that connects the rules with the questions presented rather than one that rambles.
After your identification of the issue, your statement of the rule of law is probably the single most important part of your exam essay. First, it lets the reader know that you have identified the legal problem and second, it shows that you know the relevant law. And in writing the relevant law, be sure to write the law of your jurisdiction. Even if you could answer the question using the common law, if there is a state rule on point, you want to be sure to apply that law. Never forget that you are seeking admission to practice in a particular jurisdiction: you want the bar examiners to know that you know the applicable state law. Writing the rule consists of two parts: first, writing enough of the rule, and second, writing the rule in a logical order.
The whole rule is enough rule to provide the context to analyze the facts. The rule and the facts are inextricably linked. Your analysis of the facts will not make sense unless you have first identified the rule which determines the relevance of those facts. You must use the facts of the problem to guide your discussion of the law, and you should strive to present your statement of the law in its logical order. Generally, there is a “natural” order to writing the rule which is based on a hierarchy of concepts. This means that when you write the rule, you work from the general to the specific. Your analysis should begin with a statement of the general rule and then move to the exception, not vice versa. The general rule provides a context for understanding and appreciating the role of the exception or distinction.
How you set up the rule now drives the structure of the analysis. Your statement of the rule provides a blueprint to follow for your discussion of the facts. Work from your articulation of the rule to guide your application of the facts. Match up each element/factor you’ve identified in the rule with a fact, using the word “because” to make the connection between rule and fact. This ensures that you write facts “plus” the significance of those facts.
And after you finish the analysis, you are on to the conclusion. If the call-of-the-question asks for a specific answer, then be definitive. State your conclusion as to that issue. If there are multiple issues, then once you’ve completed your analysis of one issue, move on to the next.
5. Gain Familiarity with the Questions
The key to success in any endeavor is preparation. Familiarity with the structure of the essay questions and how you respond to them will go a long way in alleviating your anxiety on test day. You job is to practice the approach we’ve just outlined so that it becomes so automatic by test day that you move from one step to the other without missing a beat.
6. Work with Sample Answers
Finally, whether you’ve written out entire essays or only outlined the issues and rules, be sure to read the sample answers. Read all of them, even when there are several candidate samples for each question. However, be careful to read with a discerning eye toward the rules of law expressed in student papers: the bar examiners are careful to point out that they are only “sample” answers, not “model” answers. Consequently, you may find what you consider errors in statements of the law. Use this to your advantage: if you’re reading the answers “actively” as indeed you should be, then you will identify these errors and be sure to articulate the correct rule of law. Further, you should compare each sample answer to the IRAC model and fully analyze the construction. Then you should compare the sample to your own answer, element by element, taking the time to evaluate what you’ve written.
If you need additional pointers or are looking for a more in depth discussion of the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources.
Bar examiners have the same expectations when reading an essay as did your law professors: one that demonstrates your ability to engage in legal thought and analysis. This doesn't mean there is a right or wrong answer, just that you provide a well-reasoned argument based on the analysis of the relevant issues and application of the law to the facts, followed by a legal conclusion. In fact, as you review sample candidate answers, you will find examples of answers that reach opposite conclusions yet have been selected as above average answers. You should pay particular attention to such examples because it’s tangible proof of what we’ve been saying all along – that it’s the reasoning that counts and not the bottom line conclusion.
The following are the steps you’ll take for writing “bar-right” essays:
1. Know Your Audience
Bar exam graders read a large number of essays and evaluate them according to strict criteria. They know what they are looking for and the easier you make it for them to find it, the more points you will accrue. Generally, you can count on writing clear, concise, and focused exam answers which conform to the basic structure of legal analysis — in other words, IRAC. This may require you to make certain adjustments in your style and presentation if you are more accustomed to broad, generalized discussions.
It is important to review released essays from the state’s bar examiners. While your bar review course includes a good number of simulated practice tests and essay writing exercises, there is no substitute for the real thing.
2. Know Exactly What is Tested and How
Some questions will lead you to the issues to be discussed and others will leave it open and require you to “issue-spot.” Only thorough preparation will let you know what to expect.
3. De-construct Exam Questions and Sample Answers
You might be wondering how “de-constructing a question” differs from “reading a question.” Generally, your focus when reading a question is to determine what is required of you to answer it. You are concerned with the information relevant to your task — evaluating whether the defendant committed felony murder, whether the statement was admissible, whether a contract was formed, and so forth. But when you are studying and trying to learn from the questions, your purpose in de-constructing a question is to analyze its organization and content for patterns and consistencies. There is a natural connection between certain topics and with preparation, you will become familiar with the questions and able to recognize the issues. Bar examiners are adept at weaving procedural questions with substantive issues in ways you might hardly notice — that is, unless you were looking for them.
Remember, the bar examiners are incredibly efficient at using a single word or short phrase to convey enormous meaning. Only careful reading of essay questions will allow you to recognize key words and phrases. The bar examiners are similarly adept at using language to signal non-issues. Only the careful, observant reader will know not to discuss such matters, saving time and effort for the real issues.
Now that you have de-constructed exam questions, it’s time to de-construct exam answers — an equally important part of your preparation. Here, rather than studying past exams to see what you can expect from the bar examiners, your goal is to learn what they expect from you. As you review sample candidate answers, you may find examples of answers that reach opposite conclusions. This is proof that it’s the reasoning that counts and not necessarily the bottom line conclusion. Certainly, the correct answer gets the most points but it is possible to get points if your argument is based on law and grounded in the facts.
4. Follow a Formula: Write IRAC
It should be clear from the de-construction process that your answers will follow a basic IRAC structure and it’s okay to be obvious about it. IRAC allows you to organize your response and remain in control, whether addressing a narrow issue-driven essay or a general question. With slight variations to account for the type of questions in your jurisdiction, you can make IRAC your blueprint for answering any essay question.
Begin your sentence with “The issue is whether.” It’s okay to be obvious; use the “whether, when” construction to lead you to connect the legal question with the specific facts in controversy. When you use this approach to formulate an issue, you avoid overly general statements and provide a path to follow in your analysis. This leads to an essay that connects the rules with the questions presented rather than one that rambles.
After your identification of the issue, your statement of the rule of law is probably the single most important part of your exam essay. First, it lets the reader know that you have identified the legal problem and second, it shows that you know the relevant law. And in writing the relevant law, be sure to write the law of your jurisdiction. Even if you could answer the question using the common law, if there is a state rule on point, you want to be sure to apply that law. Never forget that you are seeking admission to practice in a particular jurisdiction: you want the bar examiners to know that you know the applicable state law. Writing the rule consists of two parts: first, writing enough of the rule, and second, writing the rule in a logical order.
The whole rule is enough rule to provide the context to analyze the facts. The rule and the facts are inextricably linked. Your analysis of the facts will not make sense unless you have first identified the rule which determines the relevance of those facts. You must use the facts of the problem to guide your discussion of the law, and you should strive to present your statement of the law in its logical order. Generally, there is a “natural” order to writing the rule which is based on a hierarchy of concepts. This means that when you write the rule, you work from the general to the specific. Your analysis should begin with a statement of the general rule and then move to the exception, not vice versa. The general rule provides a context for understanding and appreciating the role of the exception or distinction.
How you set up the rule now drives the structure of the analysis. Your statement of the rule provides a blueprint to follow for your discussion of the facts. Work from your articulation of the rule to guide your application of the facts. Match up each element/factor you’ve identified in the rule with a fact, using the word “because” to make the connection between rule and fact. This ensures that you write facts “plus” the significance of those facts.
And after you finish the analysis, you are on to the conclusion. If the call-of-the-question asks for a specific answer, then be definitive. State your conclusion as to that issue. If there are multiple issues, then once you’ve completed your analysis of one issue, move on to the next.
5. Gain Familiarity with the Questions
The key to success in any endeavor is preparation. Familiarity with the structure of the essay questions and how you respond to them will go a long way in alleviating your anxiety on test day. You job is to practice the approach we’ve just outlined so that it becomes so automatic by test day that you move from one step to the other without missing a beat.
6. Work with Sample Answers
Finally, whether you’ve written out entire essays or only outlined the issues and rules, be sure to read the sample answers. Read all of them, even when there are several candidate samples for each question. However, be careful to read with a discerning eye toward the rules of law expressed in student papers: the bar examiners are careful to point out that they are only “sample” answers, not “model” answers. Consequently, you may find what you consider errors in statements of the law. Use this to your advantage: if you’re reading the answers “actively” as indeed you should be, then you will identify these errors and be sure to articulate the correct rule of law. Further, you should compare each sample answer to the IRAC model and fully analyze the construction. Then you should compare the sample to your own answer, element by element, taking the time to evaluate what you’ve written.
If you need additional pointers or are looking for a more in depth discussion of the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources.
Monday, January 10, 2011
Preparing for the Bar Exam - Multiple Choice Questions
Multiple choice questions can be tricky because your answer is either right or wrong, and the MBE poses a challenge for even the best students because there are so many questions and so little time -- the MBE tests your knowledge of the substantive law, your reading comprehension and reasoning skills, your ability to work quickly and efficiently, and your capacity to remain focused and functioning over a long period of time. But, don't worry, your bar review course should provide you with all the substantive law you need to know; and your law school education has taught you how “to think like a lawyer” -- the MBE questions require that you put the two together, and the best way to do this is to practice!
There are countless places to get practice questions - for example, your bar review courses include hundreds of practice questions, and the bar examiners also release old MBE questions for you to practice. Do not forget about the released questions because the experience in working with actual MBE questions is invaluable in helping you gain familiarity with the bar examiner’s specific use of language and framing of issues.
Practicing the questions is no substitute for knowing the black letter law. A superficial understanding of broad concepts won’t be enough to allow you to distinguish between the answer choices; instead, you will need a detailed understanding of the rules. Your analysis begins with articulation of the issue in the fact pattern, and from there you need to know the rule of law.
The more questions you answer, the more comfortable you will be with the process of answering multiple choice questions, and the more prepared you will be for them on bar day. Ideally, you should answer thousands of questions. But just “doing questions” is not enough. There is a right way and a wrong way to “do” questions and you need to know the difference.
What does it mean to “do” questions? When using the multiple choice as a practice tool, there “right way” to work with the questions. You must read carefully and actively to spot signal words and legally significant facts. Pay attention to the bar examiners’ particular use of language. The bar examiners carefully construct MBE questions to contain all the facts you need to answer the question. You must rely solely on these facts to answer the question. Of course you may draw reasonable inferences from the facts but you cannot fabricate your own or create “what if” scenarios.
In addition to keeping to the facts, don’t let yourself go off on tangents based on possible theories you see raised in the facts. This is one of the very reasons you’ll read the question stem before you read the fact pattern — to keep from going astray.
Next, just as you must remain focused on the facts as presented in the question, you must apply the rule of law to the facts without hesitation. You cannot substitute your instincts for what you know is legally correct. Your job is to follow the law and apply it to the facts mechanically.
Remember, there are four basic steps for answering a multiple choice question. You will follow this sequence for every question you practice. After a bit of practice, the process will become second nature to you to approach a question this way. You’ll soon see that it yields results.
For each question, you will:
1. Read the call-of-the-question or stem and then read the fact pattern
2. Find the issue in the facts
3. Identify the rule that addresses the issue
4. Reach a conclusion without looking at the answer choices
And don't forget, it is important to recognize that analysis of the answer choices deserves as much of your time and attention as the fact pattern. There is a lot of valuable information to be found within the answer choices.
Update: See also Preparing for the Bar Exam - The Multistate Bar Exam ("MBE").
There are countless places to get practice questions - for example, your bar review courses include hundreds of practice questions, and the bar examiners also release old MBE questions for you to practice. Do not forget about the released questions because the experience in working with actual MBE questions is invaluable in helping you gain familiarity with the bar examiner’s specific use of language and framing of issues.
Practicing the questions is no substitute for knowing the black letter law. A superficial understanding of broad concepts won’t be enough to allow you to distinguish between the answer choices; instead, you will need a detailed understanding of the rules. Your analysis begins with articulation of the issue in the fact pattern, and from there you need to know the rule of law.
The more questions you answer, the more comfortable you will be with the process of answering multiple choice questions, and the more prepared you will be for them on bar day. Ideally, you should answer thousands of questions. But just “doing questions” is not enough. There is a right way and a wrong way to “do” questions and you need to know the difference.
What does it mean to “do” questions? When using the multiple choice as a practice tool, there “right way” to work with the questions. You must read carefully and actively to spot signal words and legally significant facts. Pay attention to the bar examiners’ particular use of language. The bar examiners carefully construct MBE questions to contain all the facts you need to answer the question. You must rely solely on these facts to answer the question. Of course you may draw reasonable inferences from the facts but you cannot fabricate your own or create “what if” scenarios.
In addition to keeping to the facts, don’t let yourself go off on tangents based on possible theories you see raised in the facts. This is one of the very reasons you’ll read the question stem before you read the fact pattern — to keep from going astray.
Next, just as you must remain focused on the facts as presented in the question, you must apply the rule of law to the facts without hesitation. You cannot substitute your instincts for what you know is legally correct. Your job is to follow the law and apply it to the facts mechanically.
Remember, there are four basic steps for answering a multiple choice question. You will follow this sequence for every question you practice. After a bit of practice, the process will become second nature to you to approach a question this way. You’ll soon see that it yields results.
For each question, you will:
1. Read the call-of-the-question or stem and then read the fact pattern
2. Find the issue in the facts
3. Identify the rule that addresses the issue
4. Reach a conclusion without looking at the answer choices
And don't forget, it is important to recognize that analysis of the answer choices deserves as much of your time and attention as the fact pattern. There is a lot of valuable information to be found within the answer choices.
Update: See also Preparing for the Bar Exam - The Multistate Bar Exam ("MBE").
Friday, December 24, 2010
Time Management for the Bar Exam
Congratulations - finals are over, and now you have some time to relax! However, for some of you, the bar exam is in the near future - the bar exam requires a huge commitment of time and effort. Your bar review course is structured to guide you through the material, but you must make the effort to learn it. It is completely possible to adequately prepare yourself during the bar review period if you devote your time exclusively to bar preparation.
It is important to realize that even if you had all the time in the world to study and prepare, there are still limitations on how much information you can retain and there is only so long that you can maintain the level of intensity required during the relatively short bar preparation period. For those of you that have started your bar review courses, it should be clear that studying for the bar exam is unlike any other experience - you must be prepared to put the time and energy into the process.
During the first weeks of your bar review, make sure to:
While you prepare for the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources.
It is important to realize that even if you had all the time in the world to study and prepare, there are still limitations on how much information you can retain and there is only so long that you can maintain the level of intensity required during the relatively short bar preparation period. For those of you that have started your bar review courses, it should be clear that studying for the bar exam is unlike any other experience - you must be prepared to put the time and energy into the process.
During the first weeks of your bar review, make sure to:
- Set a realistic work schedule that allows for going to the lectures, time for reviewing material covered in class, time to practice problems, and relaxation time;
- Refine realistic study goals based on your strengths and weaknesses; and
- Vary your study activities throughout the day to maintain your concentration level.
- 9:00-1:00: Bar review course
- 1:00-2:00: Lunch break
- 2:00-4:00: Review notes from morning session; make flashcards of black letter law; consolidate notes
- 4:00-:4:30: Take a break
- 4:30-6:30: Work through MBE questions in the subject you have just studied
- 6:30-7:00: Dinner break
- 7:00-9:00: Work through additional MBE questions; essays from a released bar exam (or maybe a MPT, depending on your needs)
- 9:00-11:00: Review materials for the next bar review session or review notes from one subject covered earlier in the bar review period
While you prepare for the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources.
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