The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Examination.
Those of us who have sat for the exam or those of us sitting for the exam, generally, do not think that the exam is actually easy. But I don't always believe that we think about the questions in the detail that we should. I am not certain that we give the questions the respect they deserve. We don't always appreciate the composition of the question.
In addition to not recognizing the "features" of a question, the other thing that we fail to do is embrace the law while preparing to answer the question and studying for the bar examination, overall. We are in a hurry to learn the law, or to think of some quick way to just get through the material. Why are you in such a hurry. Aren't you really interested in understanding the law? No, I don't mean that you have time to write a Ph.D. thesis on what makes the law the law, but don't you want to speak intellligently about your livelihood without fumbling all over the place and searching for an answer.
I do.
You should, too.
Let's Start With the MPT.
The MPT is instruction driven. You should follow the task memorandum to the letter in order to maximize the points. Read the instructions carefully. The instructions will tell you things that you should do and signal you to things that it does not want you to do. Follow it.
The File and The Library. Every document in the Library has a purpose. It is there for a reason. If there are two cases in the Library and four sections of a state statute in the Library, believe me - - you can find a reason to utilze all five (5) pieces. All five items can help to maximize your score. Err on the side of inclusion, not exclusion. Recognize that the bar examiner is not trying to fool you or trick you. When the instructions indicate that you have a strong case - - believe it. When you are told not to compute damages; Don't! When you are asked to lay out your case along with your authorities, that is a wake up call to apply (synthesize)the facts and the law. Do exactly what you are told to do at all times. Take each word literally.
Words are not just words on the bar examination.
The Essay question is instruction driven, too. There are many instructions in one question. When the examiners' ask, "Allen and Lenny are challenging the rules and policies of the Hockey club and want your advice." That means that you must give it to them - - > one plaintiff at a time.
Allen has his own cause of action. So does Lenny. A rule is different from a policy, but that does not mean that each are not actionable as government regulations. A law comes in many forms (constitutions, statutes, regulations, rules, policies, or statements). Find the rule and the policy in the question.
Be word sensitive when reading the call of the question. Look at the subject and the verb. Are they plural. I've said it before and I'll say it again, look at the connector words (and, or, if, but, any, all). Scrutinize the words.
The MBE is a Strategist's Dream. Four possible questions. Four possible answers. Have you ever noticed that the answer to the question is not too hot, or not too cold, but it is just right.
Have you ever taken a practice run with 50 or more MBE questions, then when in correction mode, automatically slow down? You should. You want to know exactly why you got 1-5 right and 6-9 wrong. If you rush, then you won't find it. Then you won't know it. Then you will get it wrong again. Then you will start hating the MBE.
And we can't let that happen.
The last two weeks allow for time to address deficits or problem areas. You are still not in a hurry. You may have to sacrifice a little more time, or cut one more thing out of your life, but it is worth it not to have to return to the infamous re-take road in February 2011.
Keep the reasons and goals for your life closer to you as we move into the last two weeks of the bar exam. We are almost in push mode.
Almost. Not quite.
Read carefully and continue to embrace the law.
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