The July 2013 Bar Exam: The Analysis of the MBE

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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.

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