What to Do if You Don’t Know How to Answer an MEE Question

What to Do if You Don’t Know How to Answer an MEE Question 

Many examinees ask us what to do if you don’t know how to answer an MEE question. Some examinees “blanked out” on the last MEE when they saw a Real Property question that tested zoning. They got low scores because they didn’t even know how to start answering that question.  Here, we tell you what to do if you don’t know how to answer an MEE question on exam day.

What to Do if You Don’t Know How to Answer an MEE Question 

1. Start with the call of the question

The first step is to start with the call of the question – that part at the very end of an MEE question. Often, it will have a specific “call” and tell you exactly which arguments to address. Remember that even if you don’t know the answer to the question, it is important to answer each question asked. The grader will notice if you do not answer one! So do not skip anything in hopes that the grader won’t notice.

2. Reread the facts and pay close attention to any arguments that parties make

Next, reread the facts. Look for arguments that parties make as often you will want to specifically address these. Highlight or circle any facts that seem important or that you want to address in your answer.

3. See if you can gauge the conclusion 

Even if you don’t know the law, you may be able to “guess” at what the conclusion is. Perhaps you have a lawyerly instinct that tells you how the answer should turn out. If you really do not know what the conclusion is, that is okay. You should still arrive at a conclusion in your answer (just don’t make it super strong – e.g., don’t say “the plaintiff will definitely win”; instead say, “the plaintiff will likely win”).

Important: Please do not state your conclusion in a heading if you are not sure of the right answer. The last thing you want to do is draw attention to an incorrect conclusion right away. Keep your heading simple (e.g., “battery”) rather than writing a heading that contains the law, analysis, and conclusion.

4. Discuss the background of the law and use some key terms if possible

When you start writing, give a background of the law. If you can remember any key terms that are coupled with that topic, state them and bold them. Remember that most examinees do not have perfect (or anywhere near perfect) rule statements) so just do your best. So if you remember the “business judgment rule” but cannot define it, still state it and bold it and do your best to apply it to the facts (step 5!).

5. Repeat a lot of facts

Assuming you don’t have enough law at your disposal to apply the law to the facts, repeat as many facts as you can. We see that often times graders mistake repetition for analysis. So go ahead and repeat facts, focusing on those facts that stuck out at you!  This can help with the next tip and it does not waste too much time to simply repeat facts.

6. Write enough 

You don’t have to waste a ton of time on a question you don’t know, but don’t write a super-short answer either. We recommend you write enough to fool the grader into thinking, at first glance, that you know what you are talking about. It is very obvious to a grader that you don’t know the answer if you write three sentences. Make sure you are writing enough!

How to Avoid Blanking Out on MEEs

If you want to try to avoid drawing a blank on an MEE question, we recommend that you do the following:

• Practice MEEs ahead of time! (This will boost your confidence!!)
• Learn the highly tested area of law from our MEE one-sheets! Or check out our MEE guide on the highly tested MEE topics.
• Practice BS’ing. When you are practicing MEEs, if you get to one you do not know, practicing BS’ing an answer to it! Or purposely pick a subject or topic you have not yet reviewed and practice writing answers to those questions. This will make you less anxious about getting an MEE you don’t know how to answer on the real bar exam.

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