Showing posts with label bar exam - mbe. Show all posts
Showing posts with label bar exam - mbe. Show all posts

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

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.

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").