Keep Getting Civil Procedure MBE Questions Wrong? You Are Not Alone!
Keep Getting Civil Procedure MBE Questions Wrong? You Are Not Alone!
We have heard many students complain that they are getting Civil Procedure MBE questions wrong. Even when they feel like they understand Civil Procedure. And even when they are using sources that offer “released” questions – like those found in Adaptibar or Emmanuel’s.
Some Civil Procedure MBE questions are very lengthy. Others test some bizarre point made in a minor comment to the Federal Rules.
Students feel frustrated when they keep getting Civil Procedure MBE questions wrong. And Civil Procedure is a hard subject. But many of these students who are complaining of scoring low on MBE questions understand the law and have it memorized pretty well. So what is the problem?
Keep Getting Civil Procedure MBE Questions Wrong? You Are Not Alone!
1. There are not any released MBE questions for courses to use!
The problem is that Civil Procedure is new on the Multistate Bar Exam. The first administration it was tested was February 2015. So there are no released MBE questions. Therefore, even if you are using real MBE questions, all of the Civil Procedure questions are invented by the course.
Commercial courses write their own questions anyway and Civil Procedure is no exception. However, some of these are poorly written (e.g. there are two different ways to read the fact pattern) or overly nuanced. And because they are so new, the commercial courses have not seemed to yet improve the questions that are poorly written or too nuanced.
2. On test day, you will likely do better than you think.
On the actual MBE, you will likely not answer as many Civil Procedure MBE questions wrong. Many of our students who struggle with the Civil Procedure MBE questions in practice end up scoring higher on the Civil Procedure questions on the real bar exam.
Of course you want to make sure that you understand Civil Procedure and that you have memorized your bar exam outline because it is also possible you are simply answering the Civil Procedure MBE questions wrong due to a lack of comprehension or memorization. However, if you understand the law and have it memorized pretty well, then it may just be the wacky Civil Procedure MBE questions that you are using that are to blame!
Unfortunately, there is not a great source for Civil Procedure MBE questions yet. The best source we can recommend are the National Conference of Bar Examiners’ Civil Procedure MBE questions. However, there are only ten of them. Nonetheless, they are much closer to what you will see on the actual exam in comparison to other course questions.
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