Monday, December 31, 2012

The February 2013 Bar Exam: Learn Your Bar Exam

Bar Exams are creatures of habits. If you study your bar exam you should have a pretty good idea of what you will see when you sit for your bar exam in February 2013.

Look at past exams in your state. What is the format? Is it a long fact pattern or a short fact pattern? Look at the call of the question. What type is the call of question? Is it a generic type, i.e , talk about the issues that give you no clue as to the essay itself or is it a two or three specific questions that you can answer, pointing the way to the issues that the bar examiners want you to focus on?

Now, look at the subjects tested on your past exams. Is there a pattern of frequently tested subjects? Are there 7 or 8 topics that the bar examiners like more than others? This will enable you to practice those frequently tested subjects.

By learning your bar exam, you will be better prepared to face the unknown and you will not be surprised when you open your exam booklet on the day of the bar exam.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Ask us about discounts for Bar Professors’ tutorials for the February 2013 Bar Exam.

Saturday, December 29, 2012

February 2013 Bar Exam: Answering Only the Call of the Question

Often in essay answers, I have seen students try to impress the bar examiners with all of their knowledge, even if it doesn’t apply to the specific call of the question.

The bar examiners don’t want a bunch of archane and esoteric information that you know about a particular subject. Don’t tell the bar examiners that the question is particularly interesting or that you know a lot of the subject at hand. Don’t make jokes in your essay answer.

Time is of the essence. The bar examiners craft the questions for the time allocated. They do not expect to see anything unrelated to the specific s of the question.

I have seen essay answers that look panic-stricken with a lot of useless information at the end of the answer, as if the student is putting everything in the answer but the kitchen sink. These brain dumps do nothing for you and will get you no extra points.

As boring as it sounds, answer the specific call of the question only.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Ask us about discounts for Bar Professors’ tutorials for the February 2013 Bar Exam.

Friday, December 28, 2012

February 2013 Bar Exam: Sound Like a Lawyer When You Write

The purpose of the bar exam is for the bar examiners to determine if you are ready to be a lawyer. That’s why using lawyer-like words will help you when you write.

I don’t mean for you to use legalisms or a lot of “wherefor art thou” type of language. Instead use the verbs that lawyers use. For example, don’t tell the bar examiners that the court will find the criminal defendant innocent. A defendant is always found not guilty. When a plaintiff prevails, don’t say that the plaintiff won the case. Instead of telling the bar examiners that the court will reject the petition, tell the bar examiners that the court will dismiss the petition. Instead of a party losing a venue issue, for example, say that the party waived his right to it.

Also use “term of art” lawyer words. For example, one of my pet peeves is when a law students doesn’t use the word pretermitted child when discussing a child who was omitted from a will . Use words like elective share when discussing what the spouse is entitled to in the will.

Your essay will be much better when you use language that lawyers use.

Remember, write like a lawyer for your bar exam essays and MPTs. Only then will the bar examiners know you are ready to practice law.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Ask us about discounts for Bar Professors’ tutorials for the February 2013 Bar Exam.

Wednesday, December 26, 2012

For Repeat Bar Takers and Foreign Lawyers Taking the February 2013 Bar Exam

Bar Professors has expanded its bar review course for repeat takers for the February 2013 Bar Exam. A special course will also be offered to foreign lawyers and/or LLM and ESL students taking the New York or California Bar Exam.

Go to Facebook, like us and receive a discount on the tutorial offered by Bar Professors.

Please go to barprofessors.com for more information.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Monday, December 24, 2012

The February 2013 Bar Exam: The Frequently Tested Subjects on the MBE

The Bar Examiners frequently test the same areas over and over again. Part of your preparation for the bar exam is knowing the areas in which the Bar Examiners like to test. Here are some of the more heavily tested areas on the Multistate.

Torts

Torts on the bar exam emphasizes negligence, just like in law school. Of course, negligence comes in many shapes and hues, including negligence per se, res ipsa loquitur and differing standards of care.

Evidence

When you think of evidence the only thing that should be ringing in your ears is the word hearsay. The vast expense of hearsay requires knowledge of what out-of-court assertions are not hearsay, as well as what statements fall within the exceptions. The Best Evidence Rule is on the exam, but not a highlight for examiners.

Criminal Law and Procedure

It is important to know search and seizure issues from the Fourth Amendment as well as Miranda issues from the Fifth Amendment and right to counsel issues from the Sixth Amendment. Also focus on common law crimes, such as criminal homicide.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Saturday, December 22, 2012

The February 2013 Bar Exam: The Frequently Tested Subjects on the MBE

The Bar Examiners frequently test the same areas over and over again. Part of your preparation for the bar exam is knowing the areas in which the Bar Examiners like to test. Here are some of the more heavily tested areas on the Multistate.

Constitutional Law

Individual rights matter a lot. These range from Equal Protection, to Due Process, to the Privileges and Immunities Clause to, of course, the First Amendment

Property

Property law covers a wide variety of subjects. While basic Property concepts, such as easements, covenants, adverse possession, estates in land and future interests, are covered, the examiners have taken a liking to mortgages in recent years. For many students, mortgages were not even included in their basic property class.

Contracts

The most tested area in contracts is basic formation issues. Conditions, third party beneficiaries and remedies also matter..

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Friday, December 21, 2012

The Bar Exam Writing Process

Here is a suggested list that you might want to try as you continue to practice your bar exam essays.

Here is a suggested list that you might want to try as you continue to practice your bar exam essays.

1) Allocate your time for each question

2) When you start to read:
•Begin with the call of the question

3) On reading the question for a second time, read “actively” to:
•Identify the area of law and the legal relationship between the parties
•Circle amount of money, dates, locations, quantities, and ages
•Note key words as “oral”, “written”, “minor”



4) Outline your answer before writing and



5) When writing an essay, follow an IRAC-based analysis


Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Thursday, December 20, 2012

Understand the Black Letter Law for the February 2013 Bar Exam

You must build a good, solid foundation of the black letter law. In order to have a good foundation, you must review each bar exam subject. Go through each subject, one by one and absorb each subject as best you can. As you go through the subject, make sure you understand the basic law before you move on.

To build a foundation of the law, you need to break the subject areas into more manageable components. Break your subject into topics. And go through the elements of the topics of each subject.

What I mean by that is to take a subject, like Torts. Then break the Tort subject down to topics, i.e. Negligence. Do you know all the elements of negligence? Do you know the elements of battery? You can outline it and/or make sure you know it by heart before you move on. You can do that memorization by reciting it or writing it down without looking at your notes or outlines.

Once you feel you know that topic, do a few essay questions and some MBE on that topic just so you know you have it.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Wednesday, December 19, 2012

Keep a Limited Study Schedule Through the Holidays

There is less than a week before Christmas, our families are making plans for the holidays, we are doing our last minute shopping and making sure we have our travel plans in place for visiting. Yet, you have the February 2013 bar exam right around the corner.

This is not the time to do round-the-clock studying. You will not be able to keep up a schedule like that anyway and you shouldn’t have to do it during this time of the year. But there are batches of time you can take during these holidays so that you can keep up your schedule plan.

Don’t put the books away. If you are traveling by plane or by train, you certainly can read your outlines instead of playing games or watching movies on your computer or iphone. If you are driving to your destination, get some tapes and play them as you drive instead of listening to music to pass the time. You can get an hour or two in for studying every day while you are enjoying the holidays. Think about getting up an hour early while everyone else is still asleep or go to bed an hour early and read your outlines in bed before you sleep.

Also think about taking a few days off completely from studying , i.e Christmas Day, New Years Eve– it will refresh your mind and make you eager to get back to work after those breaks.

These study techniques will keep you focused on the job ahead, but also allow you to take the remaining time off and relax with your family. You know that your family will do anything to help you achieve your goal, so let them fuss over you – you deserve it.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Tuesday, December 18, 2012

Hanukkah, Christmas, and New Year Celebrations: Include Your Family in Studying for the February 2013Bar Exam

For those students who are taking the February 2013 bar exam, take a few days off to relax your mind and have quality time with those that love you. Take the time off with no guilt attached. You can get back to work full time after the holidays.

Those that really love you want to see you pass the bar. Know that with certainty. Those who are pulling and picking at you, saying you don’t have to study that long or want you to go to the clubs and parties are not your true friends and do not want you to be successful.

Sometimes those loved ones see you study and see your struggle and wish they could help you, but don’t know how. Bar applicants who have children find it hard to be both a parent and have a full time study plan. Don’t ignore them. Try to integrate them into your “experience”.

During these weeks of celebration for Hanukkah, Christmas and New Years, look at those that are supporting you in ways you may not even realize. Maybe your mom makes you breakfast every morning before you leave to go study. Maybe your spouse is doing the heavy lifting as you study. Let them know you appreciate their support, even if they are just getting out of your way during this period before the bar exam.

No person is an island. You need your family and friends during this stressful period of bar exam studying. Have your family help you. They will be glad to help and they will be proud of the little part they played in your success. Give your family members or your children one of your study books and have them test you. This is particularly good for the elements of a cause of action. Have your family help you recite those causes of action. See if you can make a game out of it, with your children or family members each calling out an element of a cause of action.

You may be surprised on game day when you are calling up the exceptions to the hearsay rule and you remember the face of your loved ones yelling it out to you.
Have a terrific Christmas, Hanukah and New Years. Rest, relax and then get back to work. The February Bar Exam is right around the corner.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Monday, December 17, 2012

Repeating the Bar Exam

It’s time to refocus again on the bar. I’ve had students tell me that they have studied the hardest they had ever studied for anything in their lives for their first bar exam. That’s probably true, but that’s why it’s time to examine how your study. Taking the exam again will call for a change in approach, strategy, and preparation for you to pass that final hurdle in fulfilling your dream of becoming a lawyer. The bar exam is not an academic exercise. The bar examiners want to know whether you are prepared to practice law.

Look at your scores in depth. What areas of the law did you not do well in? Were you weak on evidence or real property? What areas of the exam did you not do well in. Was it the essays, performance test or MBE? That’s where you should start in reformulating how you are going to pass the bar. Did you do well in the essay portion or the performance test but not the MBE? The answers to these questions will determine how to prepare a strategy for yourself as your prepare for the next exam. If you are weak in writing essays, practice strategic writing and essay evaluation; if you are weak in MBE., work on more practice questions and, more importantly, critique your subject matter comprehension.

Don’t do the same thing you did for the first bar you took. I personally don’t think that re-attending the same bar review course you took previously is going to help you. You need the extra time to really bone up on those weak areas, without, of course, neglecting the stronger areas of your performance. If you need extra help, see about getting a private tutor who can work one on one with you to keep you sharp and motivated and you” be on the way to passing the bar. Keep working, don’t despair and good luck.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Sunday, December 16, 2012

July 2012 Bar Exam Results for New York, by Law School

Here is the list of the New York bar exam results for July 2012 by law school:

1. Columbia – 96%

2. NYU – 95%

3. Cornell – 92%

4. Fordham – 91%

5. Cardozo – 87%

6. Brooklyn – 85.5%

7. CUNY – 83.5%

8. Buffalo – 83%

9. St. John – 83%

10. Hofstra – 82%

11. Albany – 81.5%

12. Syracuse – 80%

13. Pace – 78%

14. Touro – 74%

15. NYLS- 70%

Note how well CUNY did – they were the school who were paying students not to take the bar. Albany Law School hired a new bar prep person for last year and the pass rate for July improved by almost 4 points. Unfortunately for Albany Law School, she has moved to another school.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Saturday, December 15, 2012

The February 2013 Bar Exam: Working Through Your Study Plan

A study plan is imperative to pass a bar exam, whether you are taking it for the first time or you are a repeat bar taker.

In order to pass the bar, you need two things: time-management and discipline. Sticking to a study plan will conquer both requirements. Thorough preparation is the key to passing the exam and having a plan in place will allow you to manage your time and using your discipline to stick to the study schedule.

You should first start with relearning and reviewing the outlines with some practice questions thrown in and as you pick up the pace, you’ll reverse it and do more practice questions and essays and only use your outlines for clarification on questions you get wrong or confused about.

Don’t ignore your weak areas or your strong areas. You may not need to schedule as much time in your stronger subjects, but review them as consistently as you do all the other subjects. You may not need to read or reread the outlines of your strong subjects, but during those time periods, practice your questions. You may need those extra points on the bar. For your weaker subjects, do not ignore those subjects. All bar examinees have weak subjects. Spend time on those subjects as you would other subjects and just keep practicing.

Good luck in your studying.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Friday, December 14, 2012

Students Failing the Bar Exam

I recently spoke to a student who has failed the bar exam five times. He told me that she had tried every bar exam course and still could not pass the bar exam.

Most law students fail the Bar Exam for these reasons:

They revert back to bad writing habits developed in law school.

Under the pressures of the bar exam, many students revert back to bad habits. These bad habits allowed them to graduate from law school, but will be the kiss of death on the bar. Some of the bad habits include, not organizing your answer, no line by line analysis and not answering the call of the question.

Poor Preparation and Time Management.

Many law students start their bar preparation entirely too late, leaving most in a rush mode. For the upcoming February bar, your preparation should start no later than December 15th. You should allow yourself 5 to 6 hours per day for studying. But more importantly, studying correctly is the key. You need to write and answer many essays and MBE questions. Your answers must be evaluated by a private tutor.

They don’t really believe that they will pass

You must have a belief that you will pass. Get rid of all negative thoughts, people and things. You must truly believe that you will pass. You must say this every single day prior to the bar and you must have the confidence to succeed.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Wednesday, December 12, 2012

The February 2013 Bar Exam: MBE Question Discussion

Many of our students told us that the MBE questions for July 2012 were pretty hard. As we hear from our students and others who took the July 2012 bar exam and have gotten their results, we are learning that many applicants did fine on their state portion, but did not do as well on the MBE section of the bar exam

While we prepare for the February 2013 bar exam, we thought we would post an MBE question to analyze together. As part of our effort to bring information to our readers, we invite all readers of this blog to try answering the MBE questions we post.

Here is the first one:

Dave, a federal lawman, suspected that there was illegal gambling in his jurisdiction of West Undershirt, Kansas. He suspected Ron and entered his home while Ron was at work. Dave found illegal gambling cards in the home and several names of clients. Dave later interviewed Ron’s clients, who confirmed the book maker’s booking activities. Dave also met Bill, another of Ron’s clients, at a football game. Bill also stated Ron was the King Pin of illegal gambling in West Undershirt.

Before a grand jury, Dave testified to his investigation discoveries. An indictment was returned based solely on Dave’s testimony. Ron’s attorney filed a motion to dismiss the indictment based on his client’s 4th, 5th and 14th Amendment constitutional rights.

Should the court grant the motion based on constitutional violations?

a) Yes, because Dave violated Ron’s constitutional right to counsel.

b) Yes, because the search of the home was a warrant violation.

c) No, because dismissal of the indictment is not the appropriate remedy.

d) Yes, because the testimony would be deemed illegal.

If you wish to answer this MBE question, please go to the contact page at BarProfessors.com, fill it out and place your answer in the comment box. You can request the answer and obtain points for any Bar Professors tutorial or you can comment on our facebook page.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Tuesday, December 11, 2012

The February 2013 Bar Exam: The Analysis of the MBE

The Multistate Examination is hard. You have to have a game plan when you go into the exam.

Here are some suggestions:

Reading a Question

Because of time constraints, you will have time for only one reading of the fact pattern. Do not read the fact pattern as a novel.

You must read carefully and actively to spot signal words and legally significant facts. Pay attention to the bar examiners’ particular use of language and look for the following as you read:

1) Relationships between parties that signal the area of law and legal duties: landlord/tenant, employer/employee, principal/agent, buyer/seller;

2) Amounts of money, dates quantities and ages;

3) Words such as “oral” and “written,” “reasonable” and “unreasonable,” among others;

4) Words that indicate the actor’s state of mind. These are crucial for Criminal Law and Tort questions. Look for such language as:

• Intended

• Decided

• Mistakenly thought

• Deliberately

• Reasonably believed


Never Assume Facts

The bar examiners carefully construct MBE questions to contain all the facts you need to answer the question. You must rely solely on these facts and no others, to answer the question. Of course you may draw reasonable inferences from the facts but you cannot fabricate your own or create “what if” scenarios.


Stick to the Law

You must apply the rule of law to the facts without hesitation or equivocation. You cannot get emotionally involved with the parties or substitute your instincts for what you know is legally correct. Don’t think someone is guilty when the call of the question say he is not. That is not what the question is asking you.


Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Monday, December 10, 2012

The February 2013 Bar Exam: Using IRAC Analysis for your Essays

Most states require that the students write their essays by using the IRAC method. Most of you have learned a version of the IRAC method when you took legal writing. For those who are not familiar with IRAC, it is merely Issue, Rule. Analysis and Conclusion.

Make sure you use this formula for all your essays


Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Sunday, December 9, 2012

The February 2013 Bar Exam: Analysis for your Essays

Once you organize your essays, into parties or transactions, then you must analyze.

Once you organize your essays, then you must analyze.

Look at the fact pattern for facts which should be used for applying the law.

Then, start writing your analysis, blending the law with the facts.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Saturday, December 8, 2012

The February 2013 Bar Exam: Organization for your Essays

In order to write a successful essay answer, you must learn to organize your answer as you analyze the fact pattern.

Once you read the fact pattern, you will need to organize your essay. Organize by looking at your legal issues. Only after you organize, then you can start the analysis.

Look through the fact pattern for facts which should be used for applying the law and then you can apply the facts to that law.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Friday, December 7, 2012

The February 2013 Bar Exam: How to Write the MPT

The last step is to write the MPT problem. Here is how you incorporate the last steps.

Begin to Write Your Answer

Review the Task memo and make sure your outline incorporated or accounted for each required issue; note the relevant facts; cite applicable legal authority; account for how the law and facts support your theory; and if appropriate, cite contrary authority and distinguish it.

Review the Instruction Memo quickly to verify your task format and its required components

Write the Required Response

After completing your reading of the Library and File, you’re ready to begin the task of writing. Your job is to discuss the issues and the controlling rule of law. Here is where you get your points. Don’t waste time by reciting the facts or providing needless background information.

Answer the question that was asked of you

Adopt the tone and format required for the task

Write persuasive subject headings including stating the legal conclusion you want the court to reach and the factual basis on which it can do so; write each point heading as a conclusory statement combining the law with the relevant facts; and write in a coherent, logical and persuasive thesis sentence.

Give adequate treatment to the cases in the Library.

Avoid copying passages from cases or statutes.

Make the relevant arguments on how the law and the facts support your theory

Make sure the contrary authority has been cited and distinguished.

Cite to the appropriate authorities for statements of the rule.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Thursday, December 6, 2012

The February 2013 Bar Exam: Answering The Multistate Performance Test – Part Two

Here are the next steps to answer the MPT:

Review the Instruction Memo

The bar examiners include this memo if they think you need guidance in completing the assigned task.

Note for a particular format or structure required for your answer. The memo provides guidelines for opinion letters, persuasive briefs, memos, etc. telling you exactly what to include and sometimes what not to include.

If a brief is required, make sure you need to include a statement of facts, a jurisdictional statement or persuasive subject headings. The Instruction Memo will advise whether your persuasive brief requires a statement of facts or not. A persuasive brief might require a factual statement while a trial brief might not.

Read the Library

Although the first part of the exam booklet is the File, you’re going to begin with the Library. Reading the law first informs your subsequent reading of the File. If you read the File first, with its various excerpts from depositions, client communications and attorney notes, it would be very difficult to sift the relevant from the irrelevant information. It would not be possible to know which fact were “relevant” until you knew the law and how the cases in your jurisdictions have interpreted that law. While reading the Library first does not guarantee you won’t have to review it again, it will make your subsequent reading of the File meaningful and immediately productive.

Read the cases first. Often, they will explain the statutes that are also in your file, thus saving some time.

For each case read the earliest case first and proceed chronologically; verify the jurisdiction to determine whether it is mandatory or persuasive authority for your problem; skim the facts to get a sense of story; identify the statement of the rule including determining if it is element-based or if you need to synthesize the rule from the cases or if it is a multi-part test formulated by the court; note any footnotes.

Adapt the rule in the cases to form your outline. Use the elements, the prongs of a rule or the components of a statute to form the roman numerals of your outline. A general outline is then in place as you read the rest of the Library. Add to and refine your understanding of the rule as well as add any exceptions or limitations to the rule as you read the other materials in the Library.

Be sure to leave adequate space under each section of your outline so you can add the appropriate facts when you read the File.

Read the File

After reading the Library and outlining the rule, you’re ready to read the File and add the relevant facts to the appropriate places in your outline. Use your outline of the issues and rules to keep focused.
Write your issue above your rule outline. By reading the File with the issue clearly in place, you can more easily identify the legally relevant facts from the sea of material in front of you. As you proceed, add the critical facts to the appropriate part of your outline.

Characterize the legal relationship of the parties

Identify the relevant facts based on your knowledge of the law from the library.
Add these facts to the appropriate sections of your rule outline.

Next time we will discuss the writing of the MPT.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Wednesday, December 5, 2012

The February 2013 Bar Exam: Answering The Multistate Performance Test

Here is how you answer the MPTs in easy to understand steps:

Review the Instructions

Skim the paragraphs to check the requirements. There is an instruction sheet on the back of every MPT. Read it during your preparation so as not to waste precious time on the exa

Verify the jurisdiction paragraph to know what is mandatory as opposed to what is merely persuasive authority. You must know the court structure before you read the cases so you can determine what is mandatory and what is merely persuasive authority.

Scan the Table of Contents

Identify the general area of law. From the listings in the Library, you can often determine the general subject area and use it to inform the rest of your reading. Don’t freak out if the subject area is unfamiliar to you. You’ll be given all the relevant law you need to solve the problem.

Determine whether it’s a statutory or common law problem

Read the Task Memo Carefully and Completely

Identify the issue you’re asked to resolve. Are there sub-issues? The Task Memo reveals the precise issue you’re asked to resolve. Read these paragraphs two or three times to be certain you have identified the issue. It’s usually in the last 2 paragraphs of the memo. Write the issue on your scratch paper so that you remain focused as you proceed. Be careful not to change or vary the language of the question.

Read the directions carefully. You may be asked to identify additional facts. Also, note any exclusions.

Identify your specific assignment by noting the precise nature of the task: memo, persuasive brief, client letter, contract provision, etc. Identify your point of view – whether it’s objective or persuasive. This will inform the nature of your reading because you’ll read the materials with a critical eye.

Identify your audience – is it a lawyer or layperson?

Note any exclusions. Sometimes you are told not to consider a specific issue. Your job is not to discuss it.

Next time, we will discuss the next steps of how to answer the MPT.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Tuesday, December 4, 2012

The February 2013 Bar Exam: The Multistate Performance Test , Part Two

The Multistate Performance Test is designed to test an applicant’s ability to use fundamental lawyering skills in a realistic situation.

Each test evaluates an applicant’s ability to complete a task which a beginning lawyer should be able to accomplish.

The Multistate Performance Test examines six fundamental lawyering skills that are required for the performance of many lawyering tasks.

Problem solving: The applicant should demonstrate the ability to develop and evaluate strategies for solving a problem or accomplishing an objective.

Legal analysis and reasoning: The applicant should demonstrate the ability to analyze and apply legal rules and principles.

Factual analysis: The applicant should demonstrate the ability to analyze and use facts and to plan and direct factual investigation.

Communication: The applicant should demonstrate the ability to communicate effectively in writing.

Organization and management of a legal task: The applicant should demonstrate the ability to organize and manage a legal task.

Recognizing and resolving ethical dilemmas: The applicant should demonstrate the ability to represent a client consistently with applicable ethical standards.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
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Monday, December 3, 2012

The February 2013 Bar Exam: The Multistate Performance Test

Many states, including the Uniform Bar Exam, have a multistate performance test.

The MPT consists of a 90-minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.

The test is developed by a drafting committee that has had extensive experience in writing, editing, and grading performance test items. All MPTs are pretested, critiqued by independent experts, and reviewed by the boards of states using the test prior to final revision by the drafting committee. Each MPT is accompanied by a grading guideline designed to assist states in scoring the test.

The MPT items are administered the same day as the MEE. States score the test themselves and determine what weight to give it in relationship to the other parts of their bar examinations.

The MPT is not a test of substantive knowledge. Rather, it is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the law to the relevant facts in a manner likely to resolve a client's problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints.

These skills are tested by requiring applicants to perform one of a variety of lawyering tasks. Examples of tasks applicants might be instructed to complete include writing the following: a memorandum to a supervising attorney; a letter to a client; a persuasive memorandum or brief; a statement of facts; a contract provision; a will; a counseling plan; a proposal for settlement or agreement; a discovery plan; a witness examination plan; a closing argument.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

Bar Professors can help you succeed

Sunday, December 2, 2012

The February 2013 Bar Exam: Essay Writing for the Bar Exam

Essay writing is a skill that you must master in order to pass the bar exam. For those persons who have failed the bar exam and are repeat takers, you have to examine how you have answered your essays and look for ways to improve your performance.

Always, write for an uninformed audience. For example, assume your audience knows nothing about the law. The bar examiners look for how well you know the substantive knowledge and how well you apply it.


You want to be able to show you can communicate the law, through your essay, in an organized fashion, If you are poorly organized, the examiner will find it hard to follow your train of thought or to give you much needed points. Your writing skills do matter as does spelling and grammar and using legal terminology.


Practice Time Management

Practice Writing

Keep sentences short and concise

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

Bar Professors can help you succeed

Saturday, December 1, 2012

The February 2013 Bar Exam: The MBE

I have talked with many students this bar exam cycle about their MBE scores. Many students I talked with failed the MBE while passing the state portion of their bar exam. The MBE is always difficult because you have to get the right answer or you get no points. Across the board, whether you are from Harvard or from a third tier score, contracts and property are one and two for the hardest subjects of the six – and where most students have the most difficult. Torts is ranked as the easiest subject in terms of how many questions students get right nationally.

For those who failed the MBE exam, evaluate your scores carefully. Were your scores low in every subject or did you do well in some subjects and not well in others? This evaluation will determine how you should study of the February 2013 bar exam. If you have across the board weakness, then you have problems with the analytical portion of the test – you are not understanding the strategy of elimination. If you scores reflect an up and down weakness per subject matter, then you need to concentrate on those weak subject while not forgetting to work on your stronger subjects.

As the February 2013 bar comes closer, we will discuss strategies and tactics for the MBE.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

Bar Professors can help you succeed