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

For the MBE, here is a checklist to help you choose the right answer.

Watch out for “Because,” “If,” and “unless”


Working with because

On the MBE, because is the predominant modifier and the simplest to master. Because statements are relatively straightforward. Simply ensure that the reasoning supports the conclusion both on a factual and legal basis. If either is incorrect, then the entire answer choice is incorrect and can be eliminated.

Working with if

Unlike because, when if is the answer choice modifier, you need determine only whether the reasoning could support the conclusion. It need not always be true, but only possible under the facts in the hypothetical.

Working with unless

Unless is as restrictive as because. For an unless answer choice to be correct, it must present the only circumstance under which the conclusion cannot happen. If you can conceive of even one other way the result could occur, then the answer choice cannot be correct.

If You Must Guess, Do So With a Strategy

While it sounds like an oxymoron to guess with a strategy, it’s true nonetheless. You’ve absolutely nothing to lose by guessing since there are no penalties for incorrect answers on the MBE. Even if you can narrow the odds only slightly, you’ve got a decent shot at making a correct selection.

Eliminate all the obviously incorrect answer choices

Usually you can safely eliminate one or even two responses as incorrect. Now that you’ve narrowed the field a bit, even if it’s a little bit, you’re ready to make the most of some informed guesses.

Dismiss answer choices that address other principles or unrelated rules of law


Be wary of words which speak in absolutes

Assuming that the issue is disguised, then you still need to distinguish between answer choices. In this case, carefully consider statements that include such words as always, never and must. No doubt you’ve learned as a first year law student that there are few if any certainties in the law. For practically every rule, there is an exception, if not two or three.

Finally, move on

With only 1.8 minutes per question, there’s only so much time to allow for doubt. No matter how well you’ve prepared, there are bound to be questions that present difficulty. Just don’t dwell on them or you’ll squander precious time that could be spent on questions you can answer.