Wednesday, July 21, 2010

6 Days Until the Bar Exam: 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.

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. 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. You’ll have to examine each of the answer choices and eliminate those that can’t possibly be correct. You’ve already learned how to eliminate an incorrect answer choice based on whether its legal theory addresses the issue in the fact pattern.

When can’t an answer choice be correct?

When it’s Not Completely Correct

When It Misstates or Misapplies a Rule of Law


When the Answer Choice Mischaracterizes the Facts

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