A Note on Essays

First, the key to mastering bar exam essays is practice. This can’t be stressed enough, practice really DOES make perfect. If you are taking the MEE, you have 30 minutes to write an essay. That is a SKILL, and all skills should be practiced. It might feel tedious, but resist the urge to just outline essays, or just read sample answers. Write essays out fully, as if it were the bar exam. Practice what you are going to perform.

Having said that, a few general tips based on common errors I see when I’m giving feedback:

Legal terminology: Use legal terminology, or terms of art. This might seem obvious, use the correct terms for things. For example, write actual causation, not “but for” causation. You can explain actual causation by using the term “but for”, but if you can, start with the accepted legal term of art. (however, on the day of the exam, if your mind goes blank, and you are struggling to think of the correct legal terminology, of course, just say “but for”, or whatever term comes to mind.)

Use the facts and explain them, even if it seems obvious: The hypothetical that you’ve been given has been created with certain facts for a reason. If you aren’t using most of the facts in your hypo, you are either missing issues or leaving out key analysis. Checking that you’ve used facts will also help prevent your analysis from being merely a conclusion. This often means explaining your reasoning, if it seems very obvious that something is, indeed, offensive. It might not be obvious to the grader, so explain!

In addition, you aren’t required to bring in things that are not in the fact pattern, so while some inferences are necessary, try to avoid making too many. Remember, you only have 30 minutes!

Use numbering: If the hypo has multiple calls of the question, and labels them as 1, 2, 3, or 1a, 1b, 1c, your answer should be labeled accordingly. This might seem minor, but it is important. It makes reading your essay easier, and shows that you’ve paid attention to detail.

Headings are not issue statements: Headings are useful, and I encourage them. However, they are not issue statements, or conclusions, and should not be part of your paragraph. For example, a heading could be “Battery” while the first sentence of your essay should be “The issue is whether Bob committed a battery” or “Bob did commit a battery when he punched Jim.” 

Take one issue at a time: Try not to lump your issues together. Most of the essays I read are good at separating out the larger issues, or claims. However, they still lump together too many elements. So, for example, if you are discussing negligence you want to state the general rule for negligence, then you might have a separate IRAC for duty, for breach, etc. That doesn’t mean you always need to do that, but if you need to explain the rule for duty, make sure it’s a separate issue. 

Finally, PRACTICE. Again and again. And, on the day of the bar, don't be afraid to write a rule that's less than perfect! Good luck! 

So you just finished your simulated MBE

Pause and take a deep breath. Maybe go for a walk or treat yourself to some fro-yo. Remember that the bar is a marathon, and today’s exam was a step in the right direction. 

Let’s now look at the cold, hard truth. By the end of this month, on the actual MBE, you should be answering around 140 of 200 questions correctly and scoring around 70%. Remember that there is no “passing MBE score” because your essay scores will also count as well, but, mathematically, you need to be scoring between 65 and 70% to pass. 

If you didn’t do well on the simulated MBE, there is still hope! I’m not just going to sit back and tell you everything is going to be ok because you will need to do some significant work to  improve your score (and your confidence), but I will give you the tools to help!

First, check your mindset. The simulated MBE is a practice test. It is a dress rehearsal and an opportunity to learn. Use this to gauge where you’re currently at, and a tool to figure out how to prioritize the rest of your time to improve. . 

Next, sit down and “track” your results. Where are you doing well, and where are your weaknesses? This is called directed practice and it’s how people become experts.  I realize that seems obvious, but it’s so tempting to look at a less than ideal score, throw up your hands and go “I need to review my outlines without a sense of direction or purpose.  

When you track, look at big topics AS WELL AS subtopics. Maybe your tracking of contracts questions shows you that you’ve got a grasp on contract formation but you don’t always get contracts damages right. Well, now you know you need to work on contracts damages! This will help you focus your studies.

Also, when tracking, think about why you got a question wrong. Did you really not know the law? Maybe, but at this point it’s more likely that you DO know the elements of battery and something else is going on. Did you read too quickly and miss a fact? Did you not think a particular fact was important? Did you misunderstand the call of the question? Did you narrow it down to 50/50, and you’re not sure why one is better than the other? Find your weaknesses, and figure out how to fix those.

Next you’ll want to look at the answer choices. Are there distractors you keep falling for? Are you missing the importance of an “if” versus a “because”? If so, take note, and remind yourself of those patterns. 

Finally, make the most of the exam and figure out what can you learn from each and every question. Practice tests test your knowledge and provide a valuable learning opportunity. You can learn from each wrong question; it can be something general, like a reminder to slow down and read carefully, or it can be a specific nuance of the law or strange exception. Either way, look at them as a learning opportunity, and your score will start to improve. 

Remember: with careful and intentional review of your exam results you will be able to improve your score!