10.1.1.3) Preparing for the Bar Exam (California Bar Exam)
Description
This article is from the King Hall Law School FAQ, by David F. Prenatt, Jr. NetEsq@dcn.davis.ca.us with numerous contributions by others.
10.1.1.3) Preparing for the Bar Exam (California Bar Exam)
Preparing for the Bar Exam is much like taking another semester of law
school, only you have tests every single day. While you should attend
your substantive lectures, the best way to prepare for taking a test
is to take practice tests. Thus, you should review essay questions
from previous Bar Exams and practice MBE questions until they are
coming out of your ears.
The following characteristic similarities and differences occur
in the six MBE subjects:
* Evidence and Torts required a holistic approach to the law
(i.e., these subjects test your comprehensive knowledge of
the underlying legal principles and policies addressed by
the subject matter);
* Contracts, Criminal Law & Procedure, and Real Property
required a fact specific approach to the law (i.e., these
subjects test your in-depth knowledge of case law as opposed
to your general knowledge of the legal principles and
policies addressed by the subject matter);
* Constitutional Law required a context-based approach to the
law (i.e., this subject tests your knowledge of legal
principles and policies as well as your in-depth knowledge
of case law, but more than anything this subject calls upon
your ability to make hard judgement calls by empathizing
with the people who wrote the MBE questions and second-
guessing their highly subjective interpretation of the law).
Your strengths and weaknesses in each MBE subject will become apparent
as you practice MBE questions. Plan your studies accordingly.
Contrary to popular belief, your law school alma mater and class
standing have no statistical significance as to whether you will pass
the Bar Exam. Because of the importance given to the MBE, your
ability to pass the Bar Exam was determined by the time you applied to
law school (i.e., it depends primarily upon your ability to perform
well on standardized tests such as the LSAT). The good news is that
you can acquire this ability through rigorous study if you do not come
by it naturally, provided that you are properly motivated; a number of
students supplement their commercial bar preparation courses with the
Professional Multistate Bar Review (PMBR). Even if you do come by
testing skills naturally, the substance and format of various MBE
subjects and questions are sui generis, so even the best test takers
should practice thousands of MBE questions.
It's best to think of the MBE as six separate exams merged into
one. Questions for each of the six subjects tested are developed by
separate committees within the National Conference of Bar Examiners in
association with the American College Testing Service (i.e., there are
no "crossover questions"). Most of the winning test taking strategies
are not portable from subject to subject, so focus on those subjects
that give you the most trouble. You will probably find that you are
simply trying to force a square peg into a round hole.
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