The Six Most Common Reasons for Failing the Uniform Bar Exam
The Six Most Common Reasons for Failing the Uniform Bar Exam
The Six Most Common Reasons for Failing the Uniform Bar Exam: Are you taking the Uniform Bar Exam for the first time? Or are you sitting for the exam again? Either way, it is a good idea to figure out an effective study approach. Below we provide a list of the six most common reasons for failing the Uniform Bar Exam and tips on how to avoid making these mistakes!
The Six Most Common Reasons for Failing the Uniform Bar Exam
1. Students do not spend enough time memorizing the black letter law.
One of the most common reasons for failing the Uniform Bar Exam is because they do not set aside enough time to memorize the black letter law. Knowing the black letter law is essential to performing well on the MBE portion of the exam. The MBE questions generally focus on the exceptions to the general rule. Oftentimes the different answer choices will misstate the applicable law. Therefore, it is not enough to be familiar with the law. Yes – there is a lot of information to memorize. However, each subtopic in an area of law is not tested evenly on the exam. Therefore, prioritize your memorization of the most highly tested issues on the MBE to boost your MBE score. See tips on how to memorize your bar exam outlines here.
2. Students are afraid to deviate from their commercial course bar exam study schedules.
Another of the common reasons for failing the Uniform Bar Exam is students hesitate to adjust the study schedule given to them by their commercial bar course. Yes, schedules provide structure. However, each student has different gaps in his or her learning. You may not need to spend a week on Evidence. However, you may have to spend a week reviewing Constitutional Law. This could mean going through your MBE questions for Constitutional Law more slowly or writing out more Constitutional Law essays. Only you know what strengths and weaknesses are and therefore, you should adjust your schedule accordingly. There is no one-size-fits-all approach to the bar exam. See our post here on how to make a uniform bar exam study schedule.
3. Students do not practice using real questions.
The best way to study is by reviewing past exam questions. If you do not practice using real questions you will likely be less familiar with common NCBE testing patterns. The quicker you can spot the common types of questions and answer choices, the less likely you are to choose the “trap” answers.
For example, the Examiners often ask students to figure out the “most serious crime” a person has committed. As you tackle these questions, you will learn that the Examiners frequently test theft crimes, common law murder, and crimes that merge. Take some time to check out real past MEE questions and MPT questions. If you are looking for past MEE questions, check out this post. Check out this post on where to find past MPT questions.
If you are looking for past MBE questions, take a look at Emanuel’s Strategies & Tactics for the MBE (sixth edition), Adaptibar (online only), or MBE practice exams on the NCBE website (online only). Read more about where to find real MBE questions here or watch our youtube video here.
4. Students do not carefully review the answers to the questions they complete.
Another common reason for failing the Uniform Bar Exam is that they rush through the practice questions for both the multiple-choice section and the essay portion of the exam. The only way to avoid making the same mistakes in the future is by slowing down and understanding what you did wrong. Did you read the call of the question incorrectly? (This happens more often than you think!). Did you forget the rule? Did you gloss over or miss issues in an essay? We suggest that you review answer to a question immediately after you answer it. It will take less time because the fact pattern will be fresh in your mind and you will know what your exact thought process was as you were answering the question. Take a look at some more strategies and tips on how to improve your MBE score here.
5. Students do not do any practice MPTs.
There is a myth that the MPT is the easiest portion of the exam and you do not have to study for it. This could not be further from the truth. The MPT accounts for 20% of your overall score, which is the same as 70 MBE questions! Set aside time to review the most common tasks – objective memos and persuasive briefs. Understand how to format each of these tasks, from introductions to headings to conclusions. Take some time to practice how to summarize a case (extracting the relevant law and the facts that are relevant to the court’s decision). Determine whether timing is an issue for you and work to improve your speed. Do not forget to take the MPT seriously!
6. Students do not study using good bar exam outlines.
Finally, remember there is no substitute for quality outlines! It is impossible memorize 50-100 page outlines for every subject. So, you need to work with outlines that are well written and up-to-date. The NCBE announced changes to the topics covered in Real Property on the MBE and MEE (which began with the February 2017 administration). For example, examinees must be familiar with property owners’ associations; the drafting, review and negotiation of closing documents; and some nuances of zoning. Further, make sure that your outlines include recent Supreme Court cases. These are fair game for testing on the essays as well as the multiple-choice questions. Make sure you are learning the law that you need to know to give yourself the best chance of passing the bar exam!
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