Wednesday, January 23, 2013

The February 2013 Bar Exam: The Call of the Question in the MBE

The call of the question determines how you will answer the multiple choices you must shift through. The call of the question will also give you an idea of what type of question you are looking at, for example, which of the 6 MBE subjects you have before you, and also might even narrower it further by sub issue, i.e. you see the question is a Torts issue, but you might also see that it’s a negligence issue. Remember that the MBE questions are all mixed up between the 6 subjects and you need to quickly determine which subject is being tested so you can get into an evidence state of mind or a torts state of mind as you read the call of the question.

That’s why reading the call of the question first is very important. Reading the call of the question first will allow you to know exactly what is being asked and you can approach that question knowing what subject is being tested. Reading the call of the question will give you context and save you time when you know what the question will be focused on.

The call of the question can take various forms. Sometimes it’s a negative type of question, i.e. what shouldn’t the defendant rely on? Or you are asked to find the best argument or even the worst argument. Be careful when you read the call of the question, because sometimes, if you read too fast, you might miss what the actual call of the question is or what party the question is asking about. You do not want to lose points because you carelessly read the question.

After you read the fact pattern, you will then read the call of the question again before you attack the multiple choice answers.

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