The July 2016 Bar Exam: Critical Thinking

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Critical thinking is the key to being a lawyer and to passing the bar exam. Reading the bar exam essays and the MBE fact pattern is not like reading a novel. Instead, you must pick through the facts, actively thinking of what each fact means. Critical thinking means that you must carefully examine the essay fact patterns and the MBE fact patterns. You must sort through the fact pattern, looking at salient facts so that you can make the next step of identifying issues. You will need to draw inferences from the facts and synthesize the facts into law. Look for nuisances and distinctions as you read. This will help you to answer the essay questions and pick the right answer choice on the MBE.

Reading critically and thinking through each fact, while using your logic and your legal reasoning, will allow you to understand what the question is asking you to do. Remember to evaluate every fact. Do not look at the whole of any question; instead, break it down into bites of facts, and you will come to the central issue of all fact patterns. Then you can start the essay writing process or answer the MBE question correctly.

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