The February 2014 Bar Exam: Examining the Facts on the MBE

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Don’t ever assume facts when you read the fact pattern on the MBE question. There are no omitted facts in the MBE. Do not read into the question any facts that are not there or to assume any facts that are not there. Also, always assume that the facts are important. There are no red herrings on bar exams. Don’t feel any sympathy or hatred for anyone in the fact pattern. They are sometimes designed to elicit emotion from you in order to steer you to the wrong answer. For example, a serial murder will have a procedural defect he can rely on, so he will be found not guilty. You don’t want him to be found not guilty, so you look for the guilty answer choices and you end up picking the wrong answer.

As you read through the fact pattern, ask yourself why these facts are important. Since you have read the call of the question, you will have a better context of why the facts are there and why they are important. Make sure you pay attention to dates, ages, dollar amounts and parties. They will be important.

Also, look at the parties and how they are acting. For example, look for words like intentionally, knowingly, mistakenly, reasonably, etc. These words will be important when you look through the MBE answer choices.

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