TABLE OF CONTENTS. Chapter 1: Introduction..1. Chapter 2: Parts of the MBE...2. Chapter 3: Purpose of the MBE. 3

Transcription

1 MBE WORKSHOP TABLE OF CONTENTS Chapter 1: Introduction..1 Chapter 2: Parts of the MBE Chapter 3: Purpose of the MBE. 3 Chapter 4: Subject Matter Outline - Constitutional Law Chapter 5: Subject Matter Outline - Contracts..4 Chapter 6: Subject Matter Outline - Criminal Law and Procedure.6 Chapter 7: Subject Matter Outline - Evidence....8 Chapter 8: Subject Matter Outline - Real Property..10 Chapter 9: Subject Matter Outline - Torts. 13 Chapter 10: The MBE Scoring Process..14 Chapter 11: The Top Seventeen Strategies of the MBE 15 Chapter 12: Step One - Skip Extraordinarily Large Fact Patterns Chapter 13: Step Two - Read the Fact Pattern Chapter 14: Step Three - Read the Four Possible Selections Chapter 15: Step Four - Identify which Subject Matter is Being Tested...16 Chapter 16: Step Five - Identify the Specific Issue being Tested Chapter 17: Step Six - Identify the Facts the Issue Hinges Upon Chapter 18: Step Seven - Eliminate the Two Clearly Incorrect Selections..17 Chapter 19: Step Eight - Be Wary of the Most Obvious Answer Chapter 20: Step Nine - Be Wary of the selection Fired up with Emotion...17

2 Chapter 21: Step Ten - Analyze at Least Three Levels Deep Chapter 22: Step Eleven - Look for the more Specific answer..18 Chapter 23: Step Twelve - Look for the more Coherent argument...18 Chapter 24: Step Thirteen - Look out for the most Plausible result..18 Chapter 25: Step Fourteen - Mark the Correct Answer Selection Chapter 26: Step Fifteen - Revisit Skipped Questions Chapter 27: Step Sixteen - Always Select an Answer to each Question Chapter 28: Step Seventeen - Monitor Time Carefully End of Table of Contents.

3 MBE WORKSHOP Ch. 1: Introduction The California Bar Examination consists of three parts: (1) six essay questions, (2) 200 question Multistate Bar Examination (MBE), and (3) two performance tests (PT's). The examination is administered during the last week of the months of February and July and carried out over three days. Tuesday and Thursdays are set aside for the six essays and two PT's, starting at 8:30 a.m. and 1:45 p.m. respectively. Test takers have three hours to answer each set of three essay questions and three hours for each PT. The MBE is administered on Wednesday, in both the morning and afternoon sessions questions each. Exam Structure Written Portion 65% of bar exam 6 Essay Exams 60% of written portion 39% of bar exam California Bar Exam 2 Performance Tests 40% of written portion 26% of bar exam Multistate (MBE) 35% of bar exam California Bar Exam Schedule Tuesday Wednesday Thursday 9:00-12:00 Essays 1, 2, 3 MBE (100 questions) Essays 4, 5, 6 12:00-1:45 Lunch Lunch Lunch 1:45-4:45 Performance Test A MBE (100 questions) Performance Test B The MBE contains 200 multiple-choice questions, 190 of which are scored. The 10 unscored questions are being evaluated for future use; because these questions are indistinguishable from scored questions, examinees should answer all 200 questions. The 190 scored questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the subject matter outlines that are provided on pages 7-13, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. MBE WORKSHOP 1

4 The purpose of the MBE is to assess the extent to which an examinee can apply fundamental legal principles and legal reasoning to analyze given fact patterns. Ch. 2: Parts of the MBE The materials for each MBE Question include a fact pattern averaging 120 words and four possible answers. Ch. 3: Purpose of the MBE The purpose of the MBE is to assess the extent to which an examinee can apply fundamental legal principles and legal reasoning to analyze given fact patterns. Each question on the MBE is designed to be answered according to generally accepted fundamental legal principles, unless noted otherwise in the question. When answering MBE questions, examinees should apply fundamental legal principles as opposed to local case or statutory law. During the MBE, examinees will be asked to analyze fact situations or act as advocates. Ch. 4: Subject Matter Outline - Constitutional Law The questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the following subject matter outlines, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. NOTE: The terms "Constitution," "constitutional," and "unconstitutional" refer to the federal Constitution unless indicated otherwise. Approximately half of the Constitutional Law questions on the MBE will be based on category IV, and approximately half will be based on the remaining categories I, II, and III. I. The nature of judicial review A. Organization and relationship of state and federal courts in a federal system B. Jurisdiction 1. Constitutional basis 2. Congressional power to define and limit 3. The Eleventh Amendment and state sovereign immunity C. Judicial review in operation

5 1. The "case or controversy" requirement, including the prohibition on advisory opinions, standing, ripeness, and mootness 2. The "adequate and independent state ground" 3. Political questions and justiciability II. The separation of powers A. The powers of Congress 1. Commerce, taxing, and spending powers 2. War, defense, and foreign affairs powers 3. Power to enforce the 13th, 14th, and 15th Amendments 4. Other powers B. The powers of the president 1. As chief executive, including the "take care" clause 2. As commander in chief 3. Treaty and foreign affairs powers 4. Appointment and removal of officials C. Federal interbranch relationships 1. Congressional limits on the executive 2. The presentment requirement and the president's power to veto or to withhold action 3. Non-delegation doctrine 4. Executive, legislative, and judicial immunities III. The relation of nation and states in a federal system A. Intergovernmental immunities 1. Federal immunity from state law 2. State immunity from federal law, including the 10th Amendment B. Federalism-based limits on state authority 1. Negative implications of the commerce clause 2. Supremacy clause and preemption 3. Full faith and credit 4. Authorization of otherwise invalid state action IV. Individual rights A. State action B. Due process 1. Substantive due process a. Fundamental rights b. Other rights and interests 2. Procedural due process, including personal jurisdiction C. Equal protection 1. Fundamental rights 2. Classifications subject to heightened scrutiny MBE WORKSHOP 3

6 3. Rational basis review D. Takings E. Other protections, including the privileges and immunities clauses, the contracts clause, unconstitutional conditions, bills of attainder, and ex post facto laws F. First Amendment freedoms 1. Freedom of religion and separation of church and state a. Free exercise b. Establishment c. 2. Freedom of expression a. Content-based regulation of protected expression b. Content-neutral regulation of protected expression c. Regulation of unprotected expression d. Regulation of commercial speech e. Regulation of, or impositions upon, public school students, public employment, licenses, or benefits based upon exercise of expressive or associational rights f. Regulation of expressive conduct g. Prior restraint, vagueness, and overbreadth 3. Freedom of the press 4. Freedom of association Ch. 5: Subject Matter Outline - Contracts The questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the following subject matter outlines, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. NOTE: Examinees are to assume that Article 2 and Revised Article 1 of the Uniform Commercial Code have been adopted and are applicable when appropriate. Approximately half of the Contracts questions on the MBE will be based on categories I and IV, and approximately half will be based on the remaining categories II, III, V, and VI. Approximately one-fourth of the Contracts questions on the MBE will be based on provisions of the Uniform Commercial Code, Article 2 and Revised Article 1. I. Formation of contracts A. Mutual assent 1. Offer and acceptance 2. Indefiniteness or absence of terms

7 3. Implied-in-fact contract 4. "Pre-contract" obligations based on reliance B. Consideration 1. Bargain and exchange and substitutes for bargain: "moral obligation," reliance, and statutory substitutes 2. Modification of contracts: preexisting duties 3. Compromise and settlement of claims II. III. Defenses to enforceability A. Incapacity to contract B. Duress C. Undue influence D. Mistake, misunderstanding E. Fraud, misrepresentation, and nondisclosure F. Illegality, unconscionability, and public policy G. Statute of frauds Parol evidence and interpretation IV. Performance, breach, and discharge A. Conditions 1. Express 2. Constructive 3. Obligations of good faith and fair dealing in performance and enforcement of contracts 4. Suspension or excuse of conditions by waiver, election, or estoppel 5. Prospective inability to perform: effect on other party B. Impracticability and frustration of purpose C. Discharge of contractual duties D. Express and implied warranties in sale-of-goods contracts E. Substantial and partial breach and anticipatory repudiation V. Remedies A. Measure of damages for breach; protecting the expectation interest B. Consequential damages: causation, certainty, and foreseeability C. Liquidated damages and penalties D. Avoidable consequences and mitigation of damages E. Rescission and reformation F. Specific performance; injunction against breach; declaratory judgment G. Restitutionary and reliance recoveries H. Remedial rights of breaching parties MBE WORKSHOP 5

8 VI. I. Third-party rights A. Third-party beneficiaries 1. Intended beneficiaries 2. Incidental beneficiaries 3. Impairment or extinguishment of third-party rights 4. Enforcement by the promisee B. Assignment of rights and delegation of duties Ch. 6: Subject Matter Outline - Criminal Law and Procedure The questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the following subject matter outlines, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. NOTE: Approximately half of the Criminal Law and Procedure questions on the MBE will be based on category V, and approximately half will be based on the remaining categories I, II, III, and IV. I. Homicide A. Intended killings 1. Premeditation, deliberation 2. Provocation B. Unintended killings 1. Intent to injure 2. Reckless and negligent killings 3. Felony murder 4. Misdemeanor manslaughter II. Other crimes A. Theft 1. Larceny 2. Embezzlement 3. False pretenses B. Receiving stolen goods C. Robbery D. Burglary E. Assault and battery F. Rape; statutory rape G. Kidnapping

9 H. Arson I. Possession offenses III. Inchoate crimes; parties A. Inchoate offenses 1. Attempts 2. Conspiracy 3. Solicitation B. Parties to crime IV. General principles A. Acts and omissions B. State of mind 1. Required mental state 2. Strict liability 3. Mistake of fact or law C. Responsibility 1. Mental disorder 2. Intoxication D. Causation E. Justification and excuse F. Jurisdiction V. Constitutional protection of accused persons A. Arrest, search and seizure B. Confessions and privilege against self-incrimination C. Lineups and other forms of identification D. Right to counsel E. Fair trial and guilty pleas F. Double jeopardy G. Cruel and unusual punishment H. Burdens of proof and persuasion Ch. 7: Subject Matter Outline - Evidence The questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the following subject matter outlines, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. MBE WORKSHOP 7

10 NOTE: All Evidence questions should be answered according to the Federal Rules of Evidence, as restyled in Approximately one-third of the Evidence questions on the MBE will be based on category I, one-third on category V, and one-third on the remaining categories II, III, and IV. I. Presentation of evidence A. Introduction of evidence 1. Requirement of personal knowledge 2. Refreshing recollection 3. Objections and offers of proof 4. Lay opinions 5. Competency of witnesses 6. Judicial notice 7. Roles of judge and jury 8. Limited admissibility B. Presumptions C. Mode and order 1. Control by court 2. Scope of examination 3. Form of questions 4. Exclusion of witnesses D. Impeachment, contradiction, and rehabilitation 1. Inconsistent statements and conduct 2. Bias and interest 3. Conviction of crime 4. Specific instances of conduct 5. Character for truthfulness 6. Ability to observe, remember, or relate accurately 7. Impeachment of hearsay declarants 8. Rehabilitation of impeached witnesses 9. Contradiction E. Proceedings to which evidence rules apply II. Relevancy and reasons for excluding relevant evidence A. Probative value 1. Relevancy 2. Exclusion for unfair prejudice, confusion, or waste of time B. Authentication and identification C. Character and related concepts 1. Admissibility of character 2. Methods of proving character 3. Habit and routine practice

11 4. Other crimes, acts, transactions, and events 5. Prior sexual misconduct of a defendant D. Expert testimony 1. Qualifications of witnesses 2. Bases of testimony 3. Ultimate issue rule 4. Reliability and relevancy 5. Proper subject matter for expert testimony E. Real, demonstrative, and experimental evidence III. Privileges and other policy exclusions A. Spousal immunity and marital communications B. Attorney-client and work product C. Physician/psychotherapist-patient D. Other privileges E. Insurance coverage F. Remedial measures G. Compromise, payment of medical expenses, and plea negotiations H. Past sexual conduct of a victim IV. Writings, recordings, and photographs A. Requirement of original B. Summaries C. Completeness rule V. Hearsay and circumstances of its admissibility A. Definition of hearsay 1. What is hearsay 2. Prior statements by witness 3. Statements attributable to party-opponent 4. Multiple hearsay B. Present sense impressions and excited utterances C. Statements of mental, emotional, or physical condition D. Statements for purposes of medical diagnosis and treatment E. Past recollection recorded F. Business records G. Public records and reports H. Learned treatises I. Former testimony; depositions J. Statements against interest K. Other exceptions to the hearsay rule L. Right to confront witnesses MBE WORKSHOP 9

12 Ch. 8: Subject Matter Outline - Real Property The questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the following subject matter outlines, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. NOTE: Approximately one-fifth of the Real Property questions on the MBE will be based on each of the categories I through V. I. Ownership A. Present estates 1. Fees simple 2. Defeasible fees simple 3. Life estates B. Future interests 1. Reversions 2. Remainders, vested and contingent 3. Executory interests 4. Possibilities of reverter, powers of termination 5. Rules affecting these interests C. Cotenancy 1. Types a. Tenancy in common b. Joint tenancy 2. Severance 3. Partition 4. Relations among cotenants 5. Alienability, descendibility, devisability D. The law of landlord and tenant 1. Types of holdings: creation and termination a. Terms for years b. Tenancies at will c. Holdovers and other tenancies at sufferance d. Periodic tenancies 2. Possession and rent 3. Assignment and subletting 4. Termination (surrender, mitigation of damages, and anticipatory breach) 5. Habitability and suitability E. Special problems 1. Rule Against Perpetuities: common law and as modified 2. Alienability, descendibility, and devisability

13 3. Fair housing/discrimination II. Rights in land A. Covenants at law and in equity 1. Nature and type 2. Creation 3. Scope 4. Termination B. Easements, profits, and licenses 1. Nature and type 2. Methods of creation Express Implied Prescription III. Contracts A. Real estate brokerage B. Creation and construction 1. Statute of frauds and exceptions 2. Essential terms 3. Time for performance 4. Remedies for breach C. Marketability of title D. Equitable conversion (including risk of loss) E. Options and rights of first refusal F. Fitness and suitability G. Merger IV. Mortgages/security devices A. Types of security devices 1. Mortgages (including deeds of trust) a. In general b. Purchase-money mortgages c. Future-advance mortgages 2. Land contracts 3. Absolute deeds as security B. Some security relationships 1. Necessity and nature of obligation 2. Theories: title, lien, and intermediate 3. Rights and duties prior to foreclosure 4. Right to redeem and clogging equity of redemption C. Transfers by mortgagor MBE WORKSHOP 11

14 1. Distinguishing "subject to" and "assuming" 2. Rights and obligations of transferor 3. Application of subrogation and suretyship principles 4. Due-on-sale clauses D. Transfers by mortgagee E. Payment, discharges, and defenses F. Foreclosure 1. Types 2. Rights of omitted parties 3. Deficiency and surplus 4. Redemption after foreclosure 5. Deed in lieu of foreclosure V. Titles A. Adverse possession B. Transfer by deed 1. Warranty and nonwarranty deeds (including covenants for title) 2. Necessity for a grantee and other deed requirements 3. Delivery (including escrows) C. Transfer by operation of law and by will 1. In general 2. Ademption 3. Exoneration 4. Lapse 5. Abatement D. Title assurance systems 1. Recording acts (race, notice, and race-notice) a. Indexes b. Chain of title c. Protected parties d. Priorities e. Notice 2. Title insurance E. Special problems 1. After-acquired title (including estoppel by deed) 2. Forged instruments and undelivered deeds 3. Purchase-money mortgages 4. Judgment and tax liens

15 Ch. 9: Subject Matter Outline - Torts The questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33). In the following subject matter outlines, all major topics designated by roman numerals are tested on each exam, but not all of the subtopics appear on each exam. NOTE: The Torts questions should be answered according to principles of general applicability. Examinees are to assume that there is no applicable statute unless otherwise specified; however, survival actions and claims for wrongful death should be assumed to be available where applicable. Examinees should assume that joint and several liability, with pure comparative negligence, is the relevant rule unless otherwise indicated. Approximately half of the Torts questions on the MBE will be based on category II, and approximately half will be based on the remaining categories I, III, and IV. I. Intentional torts A. Harms to the person, such as assault, battery, false imprisonment, and infliction of mental distress; and harms to property interests, such as trespass to land and chattels, and conversion B. Defenses to claims for physical harms 1. Consent 2. Privileges and immunities: protection of self and others; protection of property interests; parental discipline; protection of public interests; necessity; incomplete privilege II. Negligence A. The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third parties B. The standard of care 1. The reasonably prudent person: including children, physically and mentally impaired individuals, professional people, and other special classes 2. Rules of conduct derived from statutes and custom C. Problems relating to proof of fault, including res ipsa Loquitur D. Problems relating to causation 1. But for and substantial causes 2. Harms traceable to multiple causes 3. Questions of apportionment of responsibility among multiple tortfeasors, including joint and several liability E. Limitations on liability and special rules of liability 1. Problems relating to "remote" or "unforeseeable" causes, "legal" or "proximate" cause, and "superseding" causes MBE WORKSHOP 13

16 2. Claims against owners and occupiers of land 3. Claims for mental distress not arising from physical harm; other intangible injuries 4. Claims for pure economic loss F. Liability for acts of others 1. Employees and other agents 2. Independent contractors and nondelegable duties III. Strict liability Ch. 10: The MBE Scoring Process Both a raw score and a scaled score are computed for each examinee. A raw score is the number of questions answered correctly. Raw scores from different administrations of the MBE are not comparable, primarily due to differences in the difficulty of the questions from one administration to the next. The statistical process of equating adjusts for variations in the difficulty of the questions, producing scaled scores that represent the same level of performance across all MBE administrations. For instance, if the questions appearing on the February MBE were more difficult than those appearing on the July MBE, then the scaled scores for the February MBE would be adjusted upward to account for this difference. These adjustments ensure that no examinee is unfairly penalized or rewarded for taking a more or less difficult exam. MBE questions are designed to be a fair index of whether an examinee has the ability to practice law. MBE questions are written by drafting committees composed of law teachers and practitioners. Before it is administered, MBE questions are reviewed at several levels: at least twice as it is edited by the drafting committee, by psychometric experts for the purpose to ensure that it is fair and unbiased, and by the practitioner members of the MBE Policy Committee and their academic consultants. After a form of the MBE is administered, any question that performs in an unanticipated manner is very difficult or is missed by examinees who did well on the rest of the test is flagged by psychometric experts and reviewed again by content experts on the drafting committees to ensure that no ambiguity exists in the question and that the key (the correct answer) is unequivocally correct. Should an error be detected even after this thorough scrutiny, two or more answers may be deemed correct in order to ensure that no examinee is disadvantaged by having a particular question appear on the form of the MBE he or she took.

17 The average raw MBE score for the exam historically has been about 128 (64% correct), while the average scaled score is about 140. Ch. 11: The Top Seventeen Strategies of the MBE These strategies should be adopted for use in solving every MBE question the examinee undertakes. Consistent use of this seventeen-step systematic approach will insure the examinee gains the focus and analytical skills needed to differentiate between a seemingly good answer and the right answer. Ch. 12: Step One - Skip Extraordinarily Large Fact Patterns Examinees have 1.8 minutes on average to complete each of the 200 questions on the MBE. In order to insure completion it is advised to skip extraordinarily wordy questions. Once the shorter questions are completed go back and tackle these with all deliberate speed. If you become flustered and confused try to narrow the likely answer down to two and chose one of them. By doing so, the examinee will maintain focus on the larger task at hand while avoiding the "deer in the headlights" mental state. Remember, you can miss over a third of the questions and still achieve a passing score on the MBE. MBE WORKSHOP 15

18 Ch. 13: Step Two - Read the Fact Pattern The MBE fact pattern must be read carefully. For average length fact patterns (i.e. 120 words) the examinee should read the fact patter at least three times. If the situation in the fact pattern is extremely confusing and each additional read confuses further rather than solidifies your understanding in a meaningful way try to whittle down the choices and make a guess. If you must, mark and come back to it. Ch. 14: Step Three - Read the Four possible Selections Always carefully read each of the four possible answers; even if you feel absolutely sure the first or second answer is correct. The crafters of MBE questions will look to weed out those who are easily gullible or seemingly lazy. Don't get caught in their trap. Review the answers and bounce them off the facts in the fact pattern. Ch. 15: Step Four - Identify which Subject Matter if being Tested Be sure to read the fact pattern and each of the four possible answers before allowing yourself to come to a conclusion as to what subject matter is being tested. The MBE crafters may use 80 % of the fact pattern turning the examinee toward a subject matter and at the last moment, whether it be tucked into the mid-end of the fact pattern or neither of the four selections having anything to do with that erroneous subject matter. Stay strong and focused and be prepared with the expectation that the questions are crafted to wrench your mind. Ch. 16: Step Five - Identify the Specific Issue being Tested The recommendations noted in step four (i.e. subject matter identification) are applicable to identification of specific issues as well. Ch. 17: Step Six - Identify the Facts the Issue Hinges upon Once you have identified the general subject matter and drilled further down into that subject matter category (refer to subject matter outline above) and unearthed the specific issue being tested, return to the fact pattern and read it again if need be, for the purpose of determining the relevant facts upon which the specific issue turns. Next, determine what facts were essential and distinguish between facts which were unimportant, peripheral, or irrelevant.

19 Ch. 18: Step Seven - Eliminate the Two Clearly Incorrect Selections Once you understand the fact pattern, the general and specific issues raised, and the relevant facts and law, you will be capable of eliminating two incorrect selections. In order to eliminate certain selections the examinee must take each selection individually and ask whether it is TRUE or FALSE. Almost invariably, two of the four selections will be clearly untrue. Once put through the TRUE- FALSE test it will quickly become clear that the FALSE selections have been couched in deceptive language that hides its true identity, do not make sense, or involve two or more issues that must be true but are contrary to the facts or law. Ch. 19: Step Eight - Be Wary of the Most Obvious Answer More times than not, an obvious answer will also be a wrong answer. Although a few times MBE crafters may craft easy ones it is more likely that the answer may be clearly correct on one of issue but there are two or more issues and at least one of the other issues is wrong. The question-crafters may couch the wrong issues as non issues or otherwise make it so unsuspecting examinees mark the answer and quickly more forward. Do not make this mistake; if, after only a few seconds you feel compelled to quickly mark and move forward, you can bet it was designed to do just that. Ch. 20: Step Nine - Be Wary of the selection Fired up with Emotion The MBE examiners know that, as human beings, we can be deeply affected by our emotions. They will take advantage of this "weakness" by crafting questions screaming out for justice but for which the law has no remedy. Whenever you come across a question presenting an exceedingly sympathetic party and an evil doer, beware; it is almost always the MBE examiners who are attempting to manipulate your emotions. Ch. 21: Step Ten - Analyze at least Three Levels Deep Examinees must attain a high degree of competence with their working knowledge of the law (as noted within the subject matter outlines noted above) such that they can quickly tap the law at least three levels deep. The 1st level includes general legal subject matter (i.e. Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.) MBE WORKSHOP 17

20 The 2nd level includes the sub-categories therein; for example, the tort of assault. The 3rd level includes the elements therein; for example, the elements of assault. Ch. 22: Step Eleven - Look for the More Specific Answer The MBE examiners historically view the more specific answer over a general answer when both questions are correct. The BETTER answer will be the most specific. Ch. 23: Step Twelve - Look for the More Coherent argument When presented with two selections that appear to be true, analyze further for any statements that make no sense or are otherwise irrelevant to answering the question posed. In other words if one answer has three statements which are relevant and true versus another having two statements which are relevant and true and one that makes no sense or is irrelevant, chose the former. Ch. 24: Step Thirteen - Look out for the most Plausible result All else being equal chose the most plausible result. MBE examiners value the examinee's ability to discern plausible results vs. less plausible results. Go with the most plausible. Ch. 25: Step Fourteen - Mark the Correct Selection Be sure to fully mark the right box with a number 2 pencil. And check for accuracy every five questions, especially when you have skipped questions. Ch. 26: Step Fifteen - Review Skipped Questions Be sure to review skipped questions, even if only to mark one of the four boxes. If you have no time to read then chose an answer based on the preceding (i.e. most specific, most coherent and most plausible answer.) Ch. 27: Step Sixteen - Always Select and Answer to each Question Never leave a question unanswered. There is no penalty for guessing. At worst your odds are one in four. You should aim to at least get down to the best two answers; thus giving you a fifty/fifty chance at the right answer.

21 Ch. 28: Step Seventeen - Monitor Time Carefully Each examinee has 1.8 minutes on average for each question. Because there are three hours given for each 100 question session it is advisable to divide the test into three segments as far as time allocation is concerned. The examinee should be completed with 33 questions by the first hour mark, 66 by the two hour mark, and the rest of the 100 by the end of the third hour. The proctor will announce the time when 15m, 5m and thirty seconds remain. It is advisable examinees bring an analog watch or other allowable timekeeping device. MBE WORKSHOP 19

22 End of MBE Workshop.