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The materials for each MPT consist of a File and a Library. When asked to draft a document, look at the File instructions or the Library for instructions and examples of what the document should look like. Everything necessary for performing the tasks is in the test materials.

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The File contains all the facts of the case, such as interview transcripts, depositions, trial hearings, pleadings, correspondence, client documents, contracts, news articles, medical records and police reports. Just as when a lawyer works on a case for a client in real life, the facts in the File are sometimes ambiguous, incomplete, or conflicting. The particular assignment for the New York bar candidate will be detailed in a supervising attorney memo. As in a real life law firm, a supervising attorney’s summary of events may be unreliable or incomplete. Make sure to distinguish relevant from irrelevant facts.

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The Library consists of statutes, regulations, cases, and rules. Be aware that some portions of the Library may not be relevant to the task, so extract from the Library the legal sources necessary to analyze the problem and perform the task. Apply the relevant law to the relevant facts to resolve a client’s problems. The MPT is not a test of substantive law so do not use legal knowledge gained from materials outside of the Library.

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Identify and resolve ethical dilemmas when they arise. If the performance test materials do not contain legal authorities setting forth the appropriate ethical standards in the jurisdiction, then you should not discuss ethical concerns. However, if materials contain rules of professional conduct, whether excerpted from statutes or in cases, propose actions or recommendations on the ethical concerns that comport with the rules of professional responsibility.

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For bar applicants studying for the New York bar exam, BarMax NY offers 25+ real NY performance tests. Each performance test comes with 2 sample answers written by actual bar examinees under real test taking conditions. Unlike the model answers of other bar prep courses, BarMax’s sample answers are not written by experts under no time pressure. Not surprisingly, BarMax’s sample answers provide much better insight into what bar exam graders are looking for.

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BarMax supports your studies with access to a former bar grader who has graded performance tests. This grader will review your practice exams and identify your strengths and weaknesses. You will also receive a possible score on what you may have received if you were taking an actual exam!

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Read the facts to determine the SUBJECT being tested by the essay question (e.g. understand the difference between crimes and torts).

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Example:  Under what theory or theories, if any, might Patron bring an action for damages against Homeowner, Burglar, or Cinema? Discuss.

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This question asks you to discuss the causes of action for damages that an individual (i.e. Patron) can bring against certain parties (i.e. Homeowner, Burglar and Cinema).  The subject being tested by this question is torts, NOT crimes. This is not a criminal law question because in criminal law, the party bringing the action is society (i.e. “the People”—the state or the federal government) as opposed to the victim. As such, an individual cannot bring theories of criminal liability against a defendant.

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When there are multiple PARTIES, lead the fact discussions with the parties (i.e. Patron v. Homeowner, Patron v. Burglar and Patron v. Cinema) as opposed to the issues.  If you represent a certain party, begin your arguments with that party’s position.

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Read the question to find out the ORGANIZATION and structure to the sequence of facts. Make sure you follow the instructions.

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Identify the ISSUES raised by the facts by paying attention to action words (i.e. verbs) and descriptive words (i.e. adjectives, adverbs and quotes).

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Extract the facts and match them to the LAW (e.g. elements for a prima facie case of negligence—1. duty, 2. breach, 3. causation and 4. damages).

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When preparing for the CA bar exam or NY bar exam, BarMax allows you to practice SPOIL throughout your bar exam review by providing students with:

• 130+ REAL CA or NY essay questions (each with 2 sample answers);
• Lifetime access to the app and course materials;
• Substantive law lectures by law professors who attended Harvard Law School;
• Over 800 flashcards categorized by subject; and
• Access to a former bar grader, who provides detailed paragraph-by-paragraph annotated comments on practice essays within 24-48 hours.

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(1)   Simple

(2)   Elemental (aka Elementizing)

(3)   Factor

(4)   Alternative

(5)   Rules with Exceptions

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Understanding the five patterns of rules will help you distinguish between rules that require you to debate the facts and rules that should only be applied to the facts.

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An example of a SIMPLE rule in Contracts is:  The statute of frauds applies to services contracts that cannot be performed within one year of the agreement date.  For simple rules, just apply them to the facts. There is no need to discuss both sides.  Either the rule applies or it does not.

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ELEMENTAL rules require all the elements to be satisfied in order to reach the conclusion called for by the rule.  Look for the word “and,” then break down the rules into the separate elements. For example, in Torts, a prima facie case of negligence requires 4 elements: (1) duty, (2) breach of that duty, (3) causation AND (4) damages.

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For complex rules with multiple elements, create a separate heading for each element and IRAC (i.e. issue, rule, application and conclusion).  The bar exam grader not only wants to know if the elements have been met, but also wants to see the support for your conclusion.

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FACTOR rules require a court to balance and weigh competing interests (i.e. factors) when determining whether to reach a conclusion called for by the rule.  These are the type of rules that will require you to debate the facts.

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For example, in Civil Procedure, the “Interest of Justice” analysis of forum non conveniens requires a court to consider both public factors (i.e. court congestion, local interest, forum familiarity with substantive law, and unfairness to forum) and private factors (i.e. access to evidence, availability of witness subpoenas, cost of getting witnesses to forum, and possibility of viewing premises).

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In ALTERNATIVE rules, either element can be satisfied to reach the conclusion.  Look for “or”—for example, in Crimes, malice requires either an (1) intentional OR (2) reckless disregard of an obvious or known risk.

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In RULES WITH EXCEPTIONS, discuss the general rule before discussing the exceptions.  For example, in Evidence, discuss relevance before discussing the public policy exceptions to relevance (i.e. liability insurance, subsequent remedial measures or repairs, settlements, offers to settle, pleas and related statements, and evidence of payments/offers to pay medical expenses).

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Understanding these patterns of rules will prevent you from wasting valuable time arguing the facts when all the grader wants is for you to apply the rule to the facts and draw a conclusion.

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BarMax’s bar exam review courses will familiarize you with these different patterns of rules by offering:

• REAL practice essay questions (each with 2 “model” sample answers written by actual bar exam candidates);

AND

• Access to a former bar exam grader for personalized, paragraph-by-paragraph essay reviews. Two personalized reviews are included with the course and additional essay critiques are also available for students who want more personalized attention—bundles of 5 more critiques are only $100.

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(1)  Task memo, which explains what the bar examiners want done;

(2)  Library, which provides legal authority relevant to the task (e.g., statutes, codes, cases); and

(3)  Client File, which contains the factual information.

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To maximize your score on performance tests, follow the instructions, use the legal authority, and use all the possible relevant facts when completing the tasks.

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To show that you can follow instructions, complete tasks in the manner requested.  Follow the instructions from the supervising attorney and follow the directions on document formatting.

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In using legal authority, use only the law provided in the library—not law you have learned elsewhere.  With case law, extract the case standards/holdings and apply them to the facts.  Organize your arguments with headings based on given factor tests and understand the relative weight of conflicting authorities.  With statutes, select and cite the relevant authorities from the statutory law.  Pay attention to footnotes.

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In using the facts, avoid discussing irrelevant facts.  Include both the facts that favor your client’s position as well as those that hurt your client’s position, but highlight the favorable facts and de-emphasize the damaging facts or distinguish your clients’ facts from the facts of adverse cases.

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BarMax CA provides comprehensive performance test review in a user-friendly format. With over 25 performance tests from previous California bar exams—each with two model answers written by actual bar examinees—BarMax CA provides its students with ONLY real bar exam materials, ensuring that there are no surprises come test day.

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BarMax CA also offers personalized performance test feedback by a former grader of the CA bar exam, who has over 5 years experience grading CA essays and performance tests.

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As part of our March Madness promotion, if you sign up for BarMax CA in March 2012, we will throw in an additional 10 personalized essay and/or performance test revisions for FREE (a $200 value!!!).

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To take advantage of this special promotion, please email us here.

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First and foremost, GET ORGANIZED. Create a checklist of the things you will need for the bar exam and make sure you have everything. Then double check just to be sure. The last thing you need at this point is to forget your laptop charger or even worse, your photo ID.

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Here are some things you might want to consider:

• Photo ID
• Admission ticket
• Laptop
• Laptop charger
• Pencils
• Pens
• Highlighters
• Ear plugs
• Water
• Gum
• Snacks
• Sweater

Next, MAKE SURE YOU KNOW WHERE YOU ARE GOING. If you live close to your exam site, take a drive to the test center this weekend. If you are taking the bar exam in a random place that you have never been before, use street view in Google Maps to find your test center and get comfortable with the surroundings.

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While you are checking out the test center location, PLAN AHEAD FOR LUNCH. Is there food within walking distance of the test center? If there is not, you might want to consider packing your lunch because getting in-and-out of the test center parking lot during lunchtime will be very time-consuming and frustrating at some locations.

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TRY TO RELAX THIS WEEKEND. We realize that this is not going to be easy, but staying calm is imperative to your success. You are prepared and you know enough material to be successful. There is nothing wrong with reviewing some material this weekend, but you should also make sure to do something relaxing. Go for a walk, have dinner at your favorite restaurant, or watch a movie with some friends and/or family.

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Most importantly, whatever you do, DO NOT PANIC during the bar exam. No matter who you are or how much you have prepared, there are going to be questions on the exam that you simply do not know the answer to and exceptions to exceptions that you won’t remember.

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So what? You need a 65% to pass the bar exam and that is nowhere near perfect. In fact, it is a “D.”  Please keep this in mind and fight through any perceived adversity. And remember, worst-case scenario, just make up a law, apply it to the facts, and draw a conclusion.

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We wish you nothing but the best next week!

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As you move out of 3rd gear and into the 4th gear of essay writing, you will be scoring in the 60-65 range.  These are not bad scores, but they are not necessarily passing scores either.  What you need to do is speed up a bit more.  To put yourself into 5th gear, where you hit 70+, focus on practicing rather than studying.

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The State Bar of California outlines frequently tested issues for each subject. Keep in mind the essay exam requires knowing California laws as well as distinguishing them from federal laws and the laws of other jurisdictions.

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The essay portion of the CA bar exam, however, measures how well you can take a test, not just how well you can memorize the law.  The exam requires writing 6 essays in two 3-hour sessions—one session Tuesday morning and one session Thursday morning.

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You cannot study your way to high performance.  Instead, practice under timed conditions to speed up to one question per hour.  On each essay, students should spend the first 10-15 minutes outlining and the remaining 45-50 minutes writing.

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While studying for the bar exam, BarMax stresses writing at least one essay on each of the often-tested issues in each subject, including:
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• Torts:  negligence, intentional torts (people, property), defamation, products liability
• Contracts: formation, UCC, agency, performance, defenses, kinds of contracts
• Evidence: relevance, public policy exceptions, exclusionary rules, authentication, hearsay
• Real Property: deeds, easements, landlord-tenant, covenants and servitudes, zoning
• Constitutional Law: due process, state action, speech, religion, taking, equal protection
• Criminal Law: murder, liability defenses, manslaughter, conspiracy, crimes to property
• Criminal Procedure: standing, search and seizure, right to counsel, Miranda, warrant
• Civil Procedure: personal jurisdiction, subject matter jurisdiction, Erie, discovery, joinder
• Corporations: Rule 10(b)(5), insider trading, authority, duties of care and loyalty, formation
• Professional Responsibility: conflicts of interest (actual, potential), fees, confidentiality
• Remedies: injunctive relief, specific performance, monetary damages, restitution
• Community Property: Van Camp/Pereira, prenuptial agreement, debt, marital status
• Wills: will formation (holographic and statutory), omitted child or spouse, distribution
• Trusts: trustee duties, trust elements, cy pres, spendthrift, discretionary
• Partnership: partnership liability, formation, authority

Do not worry about speed bumps while preparing.  Make your mistakes now so you do not end up driving 55 on the exam.

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BarMax CA includes an essay workshop written by a former CA bar exam grader that provides insight and analysis on exactly what bar exam graders look for. All of BarMax’s practice essay questions come from real prior CA bar exams.

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BarMax CA includes 130+ real practice CA essay questions, each with 2 sample answers that were written by actual bar exam candidates, as opposed to the sample answers of other courses that are written by licensed attorneys or law professors under no time pressure. While perfect answers are great at making you feel inadequate, real student-written sample answers are great for understanding exactly what will be required of you on the day of the exam.

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The course also includes two practice essay reviews by this grader at no additional charge.  For students who would like more personalized feedback, additional practice essay reviews are available (just $100 for 5 reviews). The former bar grader at BarMax provides personalized paragraph-by-paragraph feedback for every student, a possible score that the student may get if actually taking an exam, and a summary on the quality of issues, rules, facts analysis, and organization.

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BarMax CA puts students in 5th gear, where they can drive so far ahead that they will only be able to see students stuck in 3rd gear from their rearview.

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When studying for the MBE, think of it as a game.  Focus on playing rather than studying.  Play the MBE every day with 34 questions at a time for as many weeks as possible before the exam.  With BarMax, students get 1,471 real MBE questions from previous bar exams, licensed directly from the NCBE.  Unlike other bar prep courses, BarMax provides real questions only, so you know the questions you practice on are written by the same minds that write the questions you will see on the actual bar exam.

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The MBE consists of two 3-hour (180 minutes) sessions—one session in the morning (9am – 12pm), a one-hour break, and another session in the afternoon (1pm – 4pm).  There are 100 questions in each session.  While practicing, make a spreadsheet to track your progress and write down the number of questions you answer correctly (e.g. 10/34 = 29%).  If you are using BarMax, the app will track your progress for you. The goal is to complete 17 questions in 30 minutes with 70% or better accuracy (i.e. ≥ 24/34).  Love your mistakes and make them now while you are preparing, as opposed to on test day.

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The NCBE booklet outlines frequently tested issues for the 6 tested subjects (i.e. Crimes, Contracts, Constitutional Law, Evidence, Real Property and Torts). Keep in mind the MBE is a national exam.  This means you should ignore local laws and instead learn prevailing majority and minority views.  Six separate subject matter committees draft the MBE questions, so practice each subject separately.

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The MOST important part of practicing MBEs is not the number of questions you complete, but rather it is studying the questions you have finished. Zero-in on the reasons why you missed a question and understand the answer to every question. This will help you learn the law and catch patterns. Even if you get a question right, you should still review the answer to ensure that you answered it correctly because you understood the question as opposed to random guessing. This approach will give you a look into the mind of the test makers.

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Ask yourself: (1) Why did I pick this answer? (2) Why is the correct answer correct? (3) Why are the incorrect answers incorrect? (4) Do I know the law? (5) Did I inappropriately assume facts? (6) Did I read carefully?

Example MBE question:

Plaintiff, a jockey, was seriously injured in a race when another jockey, Daring, cut too sharply in front of her without adequate clearance. The two horses collided, causing Plaintiff to fall to the ground, sustaining injury. The State Racetrack Commission ruled that, by cutting in too sharply, Daring committed a foul in violation of racetrack rules requiring adequate clearance for crossing lanes. Plaintiff has brought an action against Daring for damages in which one count is based on battery.

Will Plaintiff prevail on the battery claim?

(A) Yes, if Daring was reckless in cutting across in front of Plaintiff’s horse.
(B) Yes, because the State Racetrack Commission determined that Daring committed a foul in violation of rules applicable to racing.
(C) No, unless Daring intended to cause impermissible contact between the two horses or apprehension of such contact by Plaintiff.
(D) No, because Plaintiff assumed the risk of accidental injury inherent in riding as a jockey in a horse race.

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Most students can get this question down to answer choices (C) & (D). Can you distinguish between the two? Why is one correct and why is the other incorrect?

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Play the MBE as you would any other game.  You will get addicted and have more fun studying for the bar exam, and this will help you maximize your MBE score!

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