Just What Does The Bar Exam Entail?

 

The BAR EXAM.

That test to top all tests waiting at the end of every law student’s career.  The entrance exam to the realm of practicing attorneys.  This exam is so important to the legal field that it even has its own Comprehensive Guide to Bar Admission Requirements, which “provides annually updated information on bar admission requirements in all U.S. jurisdictions, including a directory of state bar admission agencies. It is published in collaboration with the American Bar Association.”  NCBE – Bar Admission Guide.

But just what does the Bar Exam entail?  As with all other aspects of the law, some of it varies based on your jurisdiction.  Here are the main components your bar exam may include:

Jurisdictional Bar Exam

The majority of jurisdictions currently administer their own customized bar examination, typically consisting of a state-specific portion as well as one or more aspects of the multistate exam.  You can check your individual jurisdictional requirements here on the NCBE website or on your jurisdiction’s bar exam website.

Uniform Bar Exam (UBE)

Adopted in 20 states to date (with many more potentially joining in the near future), the UBE consists of the MEE, two MPT tasks, and the MBE.  The resulting score is portable, which means it can be used to apply for admission in other UBE jurisdictions.

Please note that “[w]hile the UBE is uniformly administered, graded, and scored by user jurisdictions, the user jurisdictions continue to independently

• decide who may sit for the bar exam and who will be admitted to practice;
• determine underlying educational requirements;
• make all character and fitness decisions;
• set their own policies regarding the number of times applicants may retake the bar examination;
• make ADA decisions;
• grade the MEE and MPT;
• set their own pre-release regrading policies;
• assess candidate knowledge of jurisdiction-specific content through a separate test, course, or some combination of the two if the jurisdiction chooses;
• accept MBE scores earned in a previous examination or concurrently in another jurisdiction for purposes of making local admission decisions if they wish. Note: candidates must sit for all portions of the UBE in the same UBE jurisdiction and in the same administration in order to earn a portable UBE score;
• set their own passing scores; and
• determine how long incoming UBE scores will be accepted.”  NCBE – UBE.

 

Multistate Bar Exam (MBE)

This six-hour exam consists of 200 multiple choice questions covering 7 different subject matters: (1) contracts; (2) federal civil procedure; (3) federal constitutional law; (4) federal criminal law & procedure; (5) federal evidence; (6) real property; (7) torts.

The relative weight of the MBE score is determined by each jurisdiction independently.

Multistate Essay Exam (MEE)

This exam consists of six, 30-minute essay questions.  “Areas of law that may be covered on the MEE include the following: Business Associations (Agency and Partnership; Corporations and Limited Liability Companies), Civil Procedure, Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and Uniform Commercial Code (Secured Transactions).” NCBE – Preparing for the MEE.

Multistate Performance Test (MPT)

This aspect of the exam consists of two, 90-minute items.  Jurisdictions may use one or both MPT items in their bar examinations.  All UBE states use both MPT items.

“The materials for each MPT include a File and a Library. The File consists of source documents containing all the facts of the case. The specific assignment the examinee is to complete is described in a memorandum from a supervising attorney. The File might also include transcripts of interviews, depositions, hearings or trials, pleadings, correspondence, client documents, contracts, newspaper articles, medical records, police reports, or lawyer’s notes. Relevant as well as irrelevant facts are included. Facts are sometimes ambiguous, incomplete, or even conflicting. As in practice, a client’s or a supervising attorney’s version of events may be incomplete or unreliable. Examinees are expected to recognize when facts are inconsistent or missing and are expected to identify sources of additional facts.

The Library may contain cases, statutes, regulations, or rules, some of which may not be relevant to the assigned lawyering task. The examinee is expected to extract from the Library the legal principles necessary to analyze the problem and perform the task. The MPT is not a test of substantive law; the Library materials provide sufficient substantive information to complete the task.” NCBE – Preparing for the MPT.

Multistate Professional Responsibility Exam (MPRE)

The MPRE consists of 60 multiple-choice questions on professional responsibility.  Each jurisdiction administers the same test; however, the passing score varies from jurisdiction to jurisdiction.

In Conclusion

Does all of that seem a little overwhelming?  Are you asking how anyone could possibly complete all of those questions and essays in just two or three days?  Hard work is definitely at the top of the list.  Practice, practice, and more practice.  Good preparation throughout law school (not just in the 8 weeks before the actual bar exam).  Patience and endurance.

The bar exam is like a marathon for your legal mind — it will stretch your mental capacity to the max.  But don’t let that stop you from trying.  The bar exam may be intimidating, but it is conquerable.  Start prepping now, no matter what stage of law school you’re presently at.  Pay attention to your bar topic courses.  Do timed practice questions and essays.  And above all else, keep reminding yourself of WHY you want to practice law.  Keeping the end goal in sight makes wading through all of the studying, prepping, and examinations well worth the struggle.