What Tasks Appear On The California Performance Exam?
What Tasks Appear On The California Performance Exam?
The California Performance Exam can be thought of as the final leg in the essay portion of the bar exam. It’s usually the last essay students write on day one of the California Bar Exam. The performance test is a challenging, often complex, assignment that focuses on problem-solving skills, following directions, and writing skills. We discuss some common tasks that might appear on the California Performance Exam below.
What Tasks Appear On The California Performance Exam?
For those new to the California Bar Exam, the performance test portion is comprised of two packets. The first packet is usually labeled “Instructions and File.” This packet includes a table of contents, instructions to the examinee, a Task Memo, and the client file. Some performance tests may include a formatting memorandum after the Task Memo. The second packet is labeled “Library.” The Library includes all of the statutes, cases, and other legal authority that an examinee can reference in their answer.
So, what tasks appear on the California Bar Exam performance test? Generally speaking, the performance test portion of the California Bar Exam tests three primary areas. First is the examinee’s ability to accurately apply legal authority to the fact pattern. The second area is the ability to generate reasonable strategies/opinions regarding the task at hand. Lastly, the third area is the appropriate utilization of all relevant material. In the past, the California Bar Exam performance tests took the form of an objective memorandum, a persuasive brief, or a persuasive letter.
Applying Legal Authority Accurately
The Bar Examiners evaluate whether students accurately interpret the law based on the fact pattern. The applicant’s job is to sift through the material to determine what’s relevant. Some legal authority may be applicable, while other information may have no bearing on the ultimate conclusion. Completing practice performance tests under timed conditions prior to exam day is crucial to getting a feel for and passing this portion of the bar exam.
Reasonable Strategies/Opinions
Many performance test tasks require the applicant to provide a recommendation based on the available legal authority and facts presented. This may come in the form of a partner asking you to draft an objective memorandum so the partner can better advise a client. Likewise, you may have to craft an argument supported by legal precedent by writing a persuasive brief. For both of these tasks, students may be left with materials in the Library that outline how prior cases handled certain issues. The ability to clearly and concisely tell the reader how you analyzed and reviewed the material is important.
Using The Materials
Lastly, the California Bar Examiners test to see how well students can incorporate the relevant materials into their answers. Therefore, students must sift through and extract important pieces of law from the Library. Because the Library sometimes contains lengthy case lists, many students simply overlook certain pieces of material in the Library as non-applicable or unimportant, but this can be a mistake! Using the full breadth of the Library is essential to a strong answer!
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