Multistate Essay Exam Content & Format

Transcription

1 Law School & the Bar Exam

2 Multistate Essay Exam Content & Format 6 content area essays 6essays (plus ethics) in four hours Day One of the Hawaii bar (AM) Agency and Partnership, Corporations and Limited Liability Companies, Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Federal Civil Procedure, Real Property, Torts, Trusts and Estates, Secured Transactions, and Wills Tests broad concepts and details

3 Multistate Essay Exam Content & Format The areas of law tested on the MEE include all those tested on the MBE. Some MEE subjects encompass a broader range of possible issues than others. Some questions draw from more than one area of law.

4 Reading & Issue Spotting What do the Qs reveal about issues and structure? Find trigger facts in the fact pattern: Quotes Dates Read exactingly Careful Suspicious Mark up and outline

5 Call of the Questions Analyze whether each of these items of evidence is relevant and admissible at trial: 1. The authenticated copy of the mechanic s text message; 2. The woman s testimony that she asked the mechanic, Is my scooter safe to ride for a while?; and 3. The woman s testimony describing the mechanic s thumbs-up.

6 Issue Statements Effective issue statements should: Situate the reviewer in the discussion Indicate the applicable legal rule and relevant facts Issue statements can be in the form of a conclusion or a question Issue statements can be a structured as a heading or a topic sentence

7 Issue Statements Is a thumbs-up in response to a question a non-verbal assertion subject to hearsay rules. -or- Mechanic s text message is a written assertion; hearsay if offered to prove the truth of the matter asserted. If text messages are regularly sent and kept, it may fit the business record exception.

8 Rule Statements Make your rule statements clear and concise; they should roll off your tongue (or fingers, when writing) Memorize rules statements that are expandable and interconnected Memorize rules in conjunction with key trigger facts

9 Rule Statements Relevance Evidence is relevant if it tends to make a fact at issue more or less likely to be true. Relevant evidence is admissible unless otherwise barred by statute, rule, or the Constitution. Relevant evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, etc.

10 Rule Statements How would you precisely and concisely state the rule for hearsay?

11 Rule Statements Hearsay An out of court statement is hearsay and is not admissible to prove the truth of the matter asserted. A written or non-verbal assertion can be hearsay. A question that makes no assertion of fact is not hearsay. An out of court statement introduced for a purpose other than to prove the truth of the matter asserted is not hearsay.

12 Rule Statements Present Sense Impression A statement made about an event or condition while or immediately after perceiving it. Business Record Record kept in the course of a regularly conducted business, made at or near the time of an event by a person with knowledge.

13 Analysis Read and mark up passage to identify all relevant facts Analysis should structurally mirror the structure of the rule being analyzed, i.e. a three-part rule should Explicitly connect facts to the legal rules to which they apply

14 Analysis The Mechanic s text message is admissible to show that the Woman was negligent because she knew the brakes needed repair. Introduced for this purpose, the text message is not hearsay because it is not introduced to prove the truth of the matter asserted (the brakes were defective), only what the Woman believed.

15 Analysis The Mechanic s text message is admissible to show that the Woman was negligentbecause she knew the brakes needed repair. Introduced for this purpose, the text message is not hearsay because it is not introduced to prove the truth of the matter asserted (the brakes were defective), only what the Woman believed.

16 Analysis The text message may also be admissible to prove the brakes were defective. Introduced for this purpose the text message is hearsay because it is introduced to prove the truth of the matter asserted. However, the text may fall under the hearsay exception for present sense impression. The Mechanic inspected the brakes and sent the text as soon as he finished. A hearsay statement is admissible as a present sense impression when made about an event or condition while or immediately after perceiving it

17 Analysis The text message may also be admissible to prove the brakes were defective. Introduced for this purposethe text message is hearsay because it is introduced to prove the truth of the matter asserted. However, the text may fall under the hearsay exception for present sense impression. The Mechanic inspected the brakes and sent the text as soon as he finished. A hearsay statement is admissible as a present sense impression when made about an event or condition while or immediately after perceiving it, so the text may fit this exception.

18 Studying & Preparing for the Multistate Essay Exam You are probably not familiar with every area of law on the MEE. Determine your mastery goals and boundaries. Broad concepts as well as specific details are tested. Issue spotting matters; specific facts trigger certain issues.

19 Multistate Essay Exam Test-Taking Strategies Do the multiple choice ethics questions first. Read the call of the questions and identify the area of law being tested. Practice doing the essays in the order of your choosing.

20 Multistate Essay Exam Test-Taking Strategies Develop an organizational template and do not deviate. Say more about what you know best, say less about the rest. When time or knowledge run out, outline. Write confidently; admit nothing.

21 Multistate Essay Exam Test-Taking Strategies Identify the call of the question before reading the fact pattern. Mark up the fact pattern while reading. Outline while issue spotting. Grading essays is subjective: structure, clarity and organization impact the way the reader perceives the content of your essay

22 Pleasing Your Reviewer Avoid overlong sentences and use many, short paragraphs Divide rule statement and analysis into separate paragraphs Use signifier words to highlight the structure of your discussion: Here, In the present case, On the given fact, thus, therefore Make your analytical connections and conclusion painfully explicit

23 Studying & Preparing for the Multistate Essay Exam Start practicing by actually writing and assessing essays EARLY!!! This approach will help you: Identify commonly tested concepts; Practice your structure and clarity; Hone trunk paragraphs; Increase you speed.

24 Thank You.