Wednesday, February 17, 2016

6 days to the February 2014 Bar Exam: Analyzing the Answer Choices For the MBE

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Since the MBE is so important for your overall score, it is essential to recognize that analysis of the answer choices deserves as much of your time and attention as the fact pattern or story.

You first must identify the issue in each answer choice. Each answer choice has one. Once you recognize the issue then you can choose between the answer choices. Only the issue that addresses and answers the one presented in the fact pattern can be the correct answer choice.

Sometimes, despite all you best efforts to work through a question according to your process, you may find that the only way to arrive at the correct answer choice is through the process of elimination. You’ll have to examine each of the answer choices and eliminate those that can’t possibly be correct.

When can’t an answer choice be correct?

The first rule for eliminating incorrect answer choices is that an answer choice must be entirely correct or it is wrong. Don’t be misled simply because the statement is partially correct. Look for misstatements or misapplication of a rule of law. You need to know the law to distinguish between answer choices that misstate or misapply the law. Also, look for answer choices that mischaracterizes the facts. Look for contradictions between the facts in the story and the facts as characterized in the answer choice. Such an answer choice cannot be correct. Nor can an answer choice that requires you to make assumptions that go beyond the facts in the fact pattern.

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