How to Analyze Multistate Questions for the Bar Exam

Now that you know how to read multistate questions, let’s talk about analyzing MBE questions and coming to the correct answer.

Perhaps because of the stringent time constraints on the MBE, the tendency to panic is greatest on this section of the bar exam. When you panic, you’re no longer in control. When you give up control, you’re at the mercy of the answer choices. They, then pick you, instead of the other way around. Instead of panicking, have a plan. This way, you’re going to act in response to the question presented and not react to the answer choices. How do you act and not react to the answer choices?

Very simply, you have an answer in mind before you even look at the answer choices.
There are 4 basic steps for answering an MBE question. You should follow this sequence for every question you practice and on bar exam day. After a bit of practice, the process will become second nature to you, although initially it will seem difficult.

1. Read from the bottom up

Begin each MBE question by reading the question stem. It helps to identify the area of law. Often, you can determine the subject area of the problem from the call of the question. Then you can use this information to inform your subsequent reading of the fact pattern.

It often identifies the point of view you must adopt to answer the question. For example, if you’re asked to determine a party’s most likely claim or best defense, then you’ll want to read the fact pattern with an emphasis on the party’s point of view.

2. Find the issue in the facts

After reading the interrogatory, you’re ready to read the fact pattern and find the issue. Your ability to identify the main issue in each question is crucial to selecting the correct answer choice.


3. Move from the issue to the rule to articulation of the answer

After you’ve identified the issue raised in the facts, determine the appropriate rule of law, apply the rule to the facts, and reach a conclusion. All without so much as a peek at the answer choices.


4. Look at the choices from answer to answer

After you’ve decided what the answer should be, you’re ready to look at the answer choices. Don’t expect the bar examiners to phrase the answer in precisely the words you’re looking for – these words won’t be there.