How is Conflict of Laws tested on the MEE?: Are you wondering how the Multistate Essay Exam (MEE) will test Conflict of Laws? Do you want to know which areas you should focus on? Below are some tips to help you more efficiently prepare for a Conflict of Laws question. These are especially timely, as Conflict of Laws has not appeared on the Multistate Essay Exam since July 2012, meaning that it could be coming up any exam now!
How is Conflict of Laws Tested on the MEE?
1. Bar examiners never test Conflict of Laws as a stand-alone question.
Why is this information important? As you read the essay questions on exam day you will know that you have most likely misread the call of the question if you think it is only testing Conflict of Laws. Second, it is always good to keep in mind that essay questions can test your knowledge of two subjects. Don’t forget to keep your eye out for Conflict of Laws issues contained in other subjects!
2. Bar examiners commonly test Conflict of Laws in conjunction with Federal Civil Procedure.
The Bar Examiners most often combine Conflict of Laws with Federal Civil Procedure. Some issues they tested in the past include the following:
1. Choice of law approaches, particularly the most significant relationship test.
2. The Full Faith and Credit Clause.
3. Which state’s law is applied when a case gets transferred to another venue. (The transferor’s state’s law is applied if the transfer is to a more appropriate forum!)
3. It is also a popular component of Family Law questions.
If Conflict of Laws is tested as part of a Family Law question, the Bar Examiners commonly test whether examinees understand how premarital agreements and divorce decrees are enforced. They also frequently test the validity of a marriage in one state when recognized in another state. These issues are kind of dry. However, they are tested in the same way repeatedly so they are not that difficult.
4. The Conflict of Laws issue generally constitutes approximately one-third of the points in an essay question.
It is not a good idea to forgo reviewing Conflict of Laws. The Bar Examiners generally allocate around 30% of the points to the Conflict of Laws issue. For example, if an essay can receive a score on a scale of 1 to 10 points, neglecting to analyze the Conflict of Laws issue will result in a score of no higher than 7 points. And remember, a 7 assumes that you spotted and analyzed the remainder of the issues accurately!
To become more familiar with how law examiners test Conflict of Laws, you have a few options:
- The less efficient (but also cheaper) way is to do a few practice exams. Then, take the time to meticulously compare your answers to the Bar Examiners’ Analyses.
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