Analyzing the Answer Choices of the Multistate Questions for the Bar Exam

It is important to recognize that analysis of the answer choices deserves as much of your time and attention as the fact pattern or story. Perhaps, this analysis deserves more.

1) Identify the Issue in Each Answer Choice

Not only is there an “issue” in the fact pattern, but there is an “issue” in each answer choice. It’s more of a legal theory that’s operating in each of the answer choices and unless you figure out the individual theories, you won’t be able to distinguish between the answer choices. Only the issue that addresses and answers the one presented in the fact pattern can be the correct answer choice.

Use “the Process of Elimination”

Sometimes, despite all you best efforts to work through a question according the your process, you may find that the only way to arrive at an answer choice is through the process of elimination. In these cases, 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?

a) When it’s Not Completely Correct

The first rule for eliminating incorrect answer choices is that an answer choice must be entirely correct or it is wrong.

b) When It Misstates or Misapplies a Rule of Law

You need to know the law to distinguish between answer choices that misstate or misapply the law.

c) When the Answer Choice 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. While it’s often necessary to make reasonable inferences, you should never have to add facts to arrive at the correct answer choice. If the bar examiners want you to consider additional or different facts, they will provide them.