APPROACHING THE APPROACHING BAR EXAM

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APPROACHING THE APPROACHING BAR EXAM

• Shepard Broad Law Center
• Nova Southeastern University
• Student Bar Initiative
• February 20, 2008

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ITS NOT MOUNT EVEREST

• But it is a hurdle you have to jump over.
• You have - or should have - already covered the
  subject matter.
• Its going to test your substantive knowledge.
• Its going to test your writing and analysis
  skills.
• The main difference is that its probably the
  first time its all been tied together.

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THE COMPONENTS

• In most states there are three parts
• Essay Questions,
• The Multistate (Multiple Choice), and
• The Performance Test - not in Florida.

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THE FLORIDA COMPONENTS

• Six Florida Law Segments
• Three Essay Questions
• Three Multiple Choice Segments
• The MBE

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FROM A BAR EXAMINERS PERSPECTIVE

• There are three words that sum up how you should
  approach every bar exam question - essay or
  multiple choice
• Fathom - to get to the bottom of, understand
  thoroughly
• Parse - to separate into parts, explaining the
  function and interrelation of each part
• Precise - strictly defined, accurately stated,
  definite.

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THE FLORIDA INSTRUCTIONS

• The Florida Examiners tell you theyre looking
  for
• Analysis of the Problem
• Knowledge of the Law
• Application and Reasoning
• Style
• Conclusion

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A MORE FAMILIAR WAY OF LOOKING AT IT - IRAC

• Issue
• Rule
• Application
• Conclusion

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FATHOMING

• Critical reading is the key
• Whether its a multiple choice question or an
  essay question
• Word-by-word, line-by-line
• Most important, fathom the call of the question

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PARSING

• Deconstruct the question - tear it apart
• Sit on your hands and read the question
• Spend time thinking
• Outline the essay question
• MCQs - read word-by-word, not just for gist

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PRECISION

• Keep it uncluttered - if you have parsed
  effectively
• You will already have identified each IRAC
  component
• Each point in your outline will guide you like a
  laser to the linear thinking thats required
• Your writing will automatically be precise -
  short, crisp answers are the best

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A WORD OR TWO ON TECHNIQUES

• First, a caveat
• Its not all a matter of technique
• You pass or fail the bar exam based on whether
  you know the law or you dont
• The Examiners want to know whether you possess
  minimum competence before they unleash you on
  the public

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TECHNIQUES - MULTIPLE CHOICE QUESTIONS

• Theres really just one technique
• Careful, word-by-word, critical reading of the
  question
• Question drafters and editors chose their words
  very carefully
• Each question tests a narrow slice
• Some MCQs require analysis - some just require
  rule recognition
• They all require quick recall - so, youve got to
  know the stuff

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TECHNIQUES - ESSAY QUESTIONS

• Writing hints -
• Frequent paragraphing
• Clear statement of the issue - e.g., The first
  issue is . . .
• Dont repeat the facts - allocate them
• In a well-drafted essay question - all the facts
  are there for a reason
• Clarity, grammar, spelling - important? Maybe!
• Consistent conclusions

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MNEMONIC DEVICES

• OK, but not every letter counts - here are couple
  that are key
• RTQ
• ATQA

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GRADING THE QUESTIONS

• MULTIPLE CHOICE
• Machine graded - its either right or wrong
• ESSAY QUESTIONS
• Scorecard vs. Holistic Grading
• A tad at a time

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FATHOMING AND PARSING - AN EXAMPLE

• The story of the question is that Bill, a
  buyer, is shopping for a lawn mower/tractor (a
  riding mower) at a garden supply store owned by
  Sam.

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FATHOMING AND PARSING - AN EXAMPLE

• Part of the facts recite as follows Bill told
  Sam that he had a large lawn, much of which was
  very steep, and that he was looking a
  mower/tractor that would be powerful enough to
  negotiate the slope. Sam showed Bill the Lawn
  King Model 200 and said, This one is the most
  powerful one on the market and will do any job
  you have for it. Based on Sams assurances,
  Bill purchased the Model 200. Bill saw the sales
  tag that stated prominently, No Express
  Warranties No Implied Warranty of
  Merchantability . It turns out that the Model
  200 lacked the necessary power.

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FATHOMING AND PARSING - AN EXAMPLE

• One of the calls of the question is, Can Bill
  assert a claim for breach of warranty against Sam
  under the UCC? Explain fully.

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FATHOMING AND PARSING - AN EXAMPLE

• Sit on your hands and read the facts. Then read
  the call. (RTQ)

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FATHOMING AND PARSING - AN EXAMPLE Start
parsing (and outlining)

• The first things that should pop out at you are
• UCC - the call tells you to focus on the UCC
• Sale of goods, so Article 2 applies
• What, if any, warranty is there
• Regarding express warranties and implied warranty
  of merchantability - all you need to say is
  theyve been disclaimed by clear, conspicuous
  language
• Recall, however, that UCC also has implied
  warranty of fitness for a particular purpose

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FATHOMING AND PARSING - AN EXAMPLE

• So, whats the issue - the I in IRAC?
• The first item in your outline is this UCC
  implied warranty of fitness for a particular
  purpose.
• This is the first tad the grader will be
  looking for, and youll get a tad of credit for
  identifying it and defining it (a warranty that
  the goods are fit for the intended purpose)- a
  bigger tad if you do it clearly, precisely, and
  without a lot of irrelevant build-up - the secret
  is linear thinking.

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FATHOMING AND PARSING - AN EXAMPLE

• Now, start outlining the law - the R in IRAC.
• The UCC implied warranty of fitness is present if
  -
• Seller, at the time of contracting,
• Knows
• The particular purpose the goods are required for
  and
• That buyer relied on sellers skill
• Each of these bullet points is a tad that the
  grader will be looking for in your answer -
  youll get credit for each, and more if well
  stated.

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FATHOMING AND PARSING - AN EXAMPLE

• Now, put the flesh on the bones. Pick out the
  facts that apply to each of the bullet points -
  this is the A in IRAC.
• Sam knew at the time of contracting (when he made
  the sale) that
• Bill needed the mower for a steep lawn (the
  purpose was known) and
• Bill bought the Model 200 based on Sams
  assurances (reliance on Sam)

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FATHOMING AND PARSING - AN EXAMPLE

• Finally, ATQA - the grader will be looking for a
  definitive statement of your conclusion - the C
  In IRAC
• And, if youve tied the R and A together, your
  conclusion can be as simple as, Based on the
  foregoing, I conclude that Bill can assert
  against Sam a claim for breach of the UCC
  warranty of fitness for a particular purpose
  because the Model 200 did not fit the purpose.

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FATHOMING AND PARSING - AN EXAMPLE

• There are some common knowledge gap demerits that
  the grader might ding you on slightly.
• Discussing the need for Sam to be a merchant -
  not a component of warranty of fitness
• Whether Sam sells goods of that kind - not
  required for warranty of fitness
• Warm-up discussion about UCC in general because
  not thats ATQA

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FATHOMING AND PARSING - AN EXAMPLE

• Obviously, with MCQs, you cant take time to
  outline each one
• But the thought process is the same - you have to
  know the rule and its components
• The difference is that the answer is among the
  four choices - careful reading should remind you
  of the components

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FATHOMING AND PARSING - AN EXAMPLE

• The same facts as a MCQ,with the call the same
  Can Bill assert a claim for breach of warranty
  against Sam under the UCC?
• (A) No, because all warranties were disclaimed.
• (B) No, because Bill was not a merchant.
• (C) Yes, because Bill did not expressly agree to
  Sams disclaimer.
• (D) Yes, because Sam knew the purpose for which
  Bill purchased and Bill relied on Sams skill.

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THERES NO SHORTCUT

• Youre seeking admission to a profession - not
  just a job
• It takes real discipline to get there
• Practice and perfect the fathoming and parsing
  skills weve talked about
• But, above all, do the three most important
  things
• Study
• Study
• Study
• If you do, theres a pretty good chance that
  youll only have to do it once.