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The Multistate
Examination is hard. You have to have a game plan when you go into the exam.
Here are some
suggestions:
Reading a Question
Because of time
constraints, you will have time for only one reading of the fact pattern. Do
not read the fact pattern as a novel.
You must read
carefully and actively to spot signal words and legally significant facts. Pay
attention to the bar examiners’ particular use of language and look for the
following as you read:
1)
Relationships between parties that signal the area of law and legal duties:
landlord/tenant, employer/employee, principal/agent, buyer/seller;
2) Amounts of
money, dates quantities and ages;
3) Words such
as “oral” and “written,” “reasonable” and “unreasonable,” among others;
4) Words that
indicate the actor’s state of mind. Look for such language as:
- Intended
- Decided
- Mistakenly
thought
- Deliberately
- Reasonably
believed
Never Assume Facts
The bar
examiners construct MBE questions to contain all the facts you need to answer
the question. You must rely solely on these facts and no others, 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.
Stick to the Law
You must apply
the rule of law to the facts . You cannot get emotionally involved with the
parties or substitute your instincts for what you know is legally correct.
Don’t think someone is guilty when the call of the question says he is not.
That is not what the question is asking you.
Contact us at barprofessors.com for more information.
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