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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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