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MBE Q&A

July 2010 MBE Question of the Day #27

by Dina Allam

Jun
23

A man wanted to surprise his mother on her 60th birthday with a large, framed photograph of himself, his wife, and his daughter. On October 5, the man contacted a professional photographer who agreed to do the man’s family portrait for $20,000. The photographer had several other projects scheduled between October 5 and December 1, but he assured the man that he could work him in between assignments in time for the December 1 birthday deadline. On October 15, the photographer flew to another country to do a fashion piece which he was unable to complete until October 31. Meanwhile, the photographer spent a considerable time on the transatlantic phone rescheduling other assignments which had been originally set for the October 23 through 31 period. When he returned home on November 1, the photographer had a portrait session with the mayor of his hometown that absolutely could not be postponed. He called the man, who was so disappointed by the prospect that the photographer vowed to somehow make time for him. He instructed the man to have his family at his studio on November 26, and he would have the finished portrait in his hands on December 1. On November 21, the man had to fly out of state to his company’s manufacturing facility to try to avert a threatened strike by delivery truck drivers. After a series of negotiating sessions between the man and the union leaders, an impasse was reached and the union leaders armed themselves and seized the plant, taking the man and the rest of management as hostages for one full week. On December 1, the man returned home and contacted the photographer, and the photographer informed the man that there was simply no way he could schedule a sitting for the man before December 16, and it would take at least four more days to develop the proofs, and select and print the resulting portrait. The man told the photographer to forget the whole idea, and that he would purchase a new car for his mother instead.

If the photographer brings an action for breach of contract based upon the man’s failure to appear for the sitting on November 26, what will be the likely outcome of this litigation?

A. The photographer will win, but his damages will be limited to $20,000.

B. The photographer will win, because the man prevented the photographer from performing under the contract by not appearing at the photographer’s studio in time for him to complete the portrait by the December 1 deadline.

C. The photographer will lose, because the man’s obligation to appear at the sitting was discharged by his having been taken hostage.

D. The photographer will lose, because the photographer could have scheduled a sitting anytime between October 5 and November 21 which would have permitted the man to satisfy the implied condition precedent of appearing at the photographer’s studio.

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Recent MBE Changes and the Importance of Using Updated Questions

by Dina Allam

May
27

With our MBE Question of the Day starting up again tomorrow, I wanted to share an article I wrote about the importance of using updated questions…

The Multistate Bar Examination (MBE) is notoriously one of the most feared aspects of the bar exam.  It certainly was for me.  It was the only time in my life 6 hours didn’t seem like enough time to finish an exam.  Every second counts on the MBE, and two minutes can make the difference between passing and failing.  I drank a Red Bull during lunch break to help me stay focused.  It had its payoffs (I believe drinking Red Bull helped me pass the bar) and its consequences – I had to rush to the restroom after lunch because I didn’t want to “waste too much time.”  Because there is so much pressure on the MBE, a better name might be the mental endurance test.  No matter what you call it, it’s important that you fully understand the MBE before you take it.  Over the next few months, you’ll have the pleasure of getting to know the MBE as well as I did or maybe even better.

The MBE is the 200-question, 6-hour, multiple-choice portion of the bar exam administered on the last Wednesday in July and February.  Since the MBE tests content that is important to beginning the practice of law, the NCBE (National Conference of Bar Examiners) drafters evaluate questions on their relevance and credibility to beginning practitioners.  In recent years, the MBE has undergone many changes to become more consistent in style and format, resulting in more concise questions.  MicroMash Bar Review wants students to be aware of the several changes to the format of MBE questions that the NCBE announced and put into effect starting with the July 2009 bar exam:

  1. There will be no “none of the above” or “all of the above” answer choices.
  2. There will be no hypothetical fact-based answer choices (options that include “if” or “unless” statements which change the fact pattern).
  3. Common nouns will be used in lieu of proper nouns when practical (e.g., “a painter,” not “Pat” or “Painter”).
  4. There will be no “K-type” questions (Roman numerals in complex answer choices, e.g., I is true, but II and III are not true).
  5. One question will relate to a single fact pattern, instead of a series of questions that relate to one fact pattern.

In addition, the language in the answer choices will be parallel.  That is, the test taker will have options comparing similar elements, such as four different causes of action or four defense theories, etc., rather than comparing an answer choice that has a cause of action to one that has a defense theory.

Here is an example of a “K-type” question you will no longer see on the MBE (or at MicroMash)!

What does this all mean?  In the end it really means only one thing: you should no longer be using MBE practice questions in the old format.  One of most oft-repeated pieces of advice regarding bar exam prep (and MBE prep in particular) is to practice as many MBE questions as you can, making sure to do those questions in as close to realistic test conditions as possible.  That means answering practice questions in a timed environment whenever possible.  It means finding questions that, on par, are about as difficult or as tricky as those you’ll see on the MBE.  Most importantly, it means answering only MBE questions that reflect the new question format!  Studying and practicing for the MBE with updated question formats will prepare you for the actual MBE and simulate what you’ll see on exam day.  It will also help you accurately score yourself and keep track of how much time you need to plow through the examination.

There are plenty of options available to assist you with bar prep (and MBE prep in particular).  Do yourself a favor and verify with your bar review company that their MBE practice questions are up-to-date with the current MBE question format standards.  The last thing you want is to show up on July 28th and see questions that don’t look familiar!

MicroMash is one of the bar review companies that has updated its questions to the current MBE format.  We excluded “K-type” questions, our fact patterns no longer have multiple questions, and our answer choices have been updated so that there are no “none of the above” or “all of the above” choices in the options.

Continue visiting our blog for up-to-date “MBE Questions of the Day” starting tomorrow to help you study for the bar exam and stay tuned for more bar exam tips and tricks!

For more information on the recent changes to the MBE, please read “Recent Changes in NCBE’s Multiple-Choice Examination Programs” by Beth E. Donahue of the NCBE.

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MBE Q & A with Melanie Campbell & Renee Meenach-Decker

by Sean McGinnis

Apr
14

Today we bring you an interview with two women who performed very well on the Florida Bar Exam.  Melanie Campbell took the February 2008 administration of the Florida exam and scored a 179 on the MBE. Renee Meenach took the Florida Bar Exam in July 2008 and scored a 168 on the MBE.  Both women passed on their first try. They now practice law together at Decker & Campbell and also tutor students who are preparing for the bar at Law Tutor 911.

Studying for, and passing, the bar exam is a unique and different experience for everyone.  Different people respond differently to different ways of teaching materials.  We thought you’d be interested in hearing from these two successful young lawyers about their study habits, what contributed to their success, and what they would do differently if they had it all to do over again.  It goes without saying that the opinions expressed below are those of Melanie and Renee, and not necessarily those of MicroMash.

1. What percentage of your study time did you spend preparing for the MBE?

Melanie:
In the beginning, probably the first few weeks, I spent 100% of my time studying for the MBE. As time progressed, I began to incorporate the state study materials into my study schedule.  I wouldn’t start on a state subject until I had already gone through and outlined the MBE coverage of that subject.  I started with the state subjects that were also covered on the MBE and I would add the state distinctions to my MBE outline in a different color – for some subjects there were only a few distinctions, but for some there were many.  As I got closer to the bar, and I had finished outlining all the MBE subjects and the state subjects also covered on the MBE, I started focusing on the purely state subjects.

Renee:
I believe I spent around 65% of my time studying for the MBE, maybe more.  For me, the multiple choice questions were trickier than the essay style format that makes up half of the state specific test for Florida, so I really wanted to make sure I had the law down for those questions.  I spent almost 100% of my time studying for the MBE the first six weeks, throwing in state specific materials to correspond with the MBE subjects as I finished each MBE subject.  The last three to four weeks I moved on and spent the vast majority of time learning the state subjects.  Even then I spent a significant amount of time reviewing the MBE subjects to make sure I hadn’t forgotten anything and to continue improving my multiple choice results.

2. What study materials did you use to prepare for the MBE? Specifically, a full service review alone or an MBE supplement on top of a full service review?

Melanie:
I attended the PMBR 6 day and the first day of the PMBR 3 day (mainly to do the practice test that was offered).  To make my outlines, I used the Barbri and MicroMash outlines.  For subjects that I didn’t feel as comfortable with, I’d use the Barbri long outline and the MicroMash outlines and for the subjects I felt more secure with, I’d use the Barbri short outlines and also the MicroMash outlines.  I also did a lot of the MicroMash questions.  I did a significant amount of MBE questions and all of them for the state questions. I also listened to the PMBR CD’s every chance I could – in the car, in the shower, while cooking and eating dinner, etc.  Some were better than others, but I wanted to absorb as much information as possible, and overall they were helpful.

Renee:
I used the MicroMash review for both the state subjects and the MBE.  I also had access to Barbri outlines, and completed the PMBR three day and six day workshops.  I wanted to get as much material as possible, and the different courses provide a variety of presentation for the materials.  I would say it is definitely possible to pass just using one service and would recommend purchasing any additional materials second hand to save on costs.

3. What in your opinion makes MBE questions so tricky?

Melanie:
The questions are tricky, because they are written to be that way.  The Bar Examiners once sat in our shoes, as MBE test-takers, and they know the exact concepts that everyone mixes up and the nuances that everyone forgets.  The questions usually have one or two answers that can be eliminated easily if you know the law well.  Almost all of them have two answers that seem right – especially if you don’t know the law inside and out.

Renee:
The MBE questions are designed to test just outside the level of a basic understanding of the material. They take the information provided in most commercial outlines and test the nuances that those outlines simply do not contain, and they cannot contain them all or they would be way too long!  That is why it is so important to do as many practice questions as possible.  The more practice questions I completed, the more nuances I found to add to my own outline.

4. Was there one MBE subject that gave you more trouble than the rest?

Melanie:
I had to spend the most time on Contracts, because it was a subject that I didn’t master very well in law school and it’s a subject that contains a vast amount of concepts.

Renee:
I found Evidence to be the most difficult subject, especially because I felt that there were numerous distinctions between Florida Evidence and MBE Evidence that I had trouble remembering.  This subject was one that I felt less comfortable with in law school as well.

5. How did you feel walking out of the exam?  Did you suspect that you had earned a near-perfect score on the MBE?  Or were you genuinely surprised to hear the news?

Melanie:
I remember walking out of the exam and thinking “that wasn’t too bad.”  To be honest, I thought there were some tricky questions, but I had seen all the concepts before and some of the questions were so familiar to me, because I’d done so many in practice, that they were just easy.  By the time I’d finished reading the question, I knew what the answer should be – it wasn’t searching and guessing for the answer that looked right, it was knowing what the right answer was.

Renee:
I really wasn’t sure how I did on the exam when it was over.  I didn’t feel like there were too many surprises on the MBE, but thought that could mean the questions were really much harder than I expected and I just couldn’t tell the difference.  I definitely think post-exam anxiety took over and clouded my judgment about the difficulty level of the questions!

6. In your opinion, how important is practice and repetition for the MBE?

Melanie:
I would say that practice and repetition are extremely important to being prepared for the MBE.  Practice helps you to be prepared for the types of questions and the format of the questions.  Doing a lot of questions also really helps you to learn the law.  It was through doing questions that I was able to figure out a lot of the nuances that I didn’t realize I didn’t know (until it came up in a question).  The questions were also a great way of applying the law- it’s one thing to memorize the rule of law, but if you can’t apply it to a fact pattern, you aren’t going to do well on the bar.  So, basically I would say that practice and repetition are essential for the MBE.

Renee:
They are the key to success on the MBE.  The questions are sometimes the only place you will see some of the nuances in the law and they present the nuances in a practical way to help you clarify even the ones you thought you knew.  In addition, for many of the testable topics, there are only so many fact patterns and scenarios that can be used to test the particular topic.  If you’ve seen a bunch of fact patterns on one main topic, chances are the question on the MBE will be similar to one that you have already seen.

7. Approximately how many MBE questions did you work through?

Melanie:
I think I did somewhere between 1500 and 2000 MicroMash MBE questions.  I did a couple from the PMBR red book, but I didn’t like their answers as much, so I probably only did around 200 of those.  I also did the 200 questions that were included in the practice test of the PMBR 3 day course.

Renee:
I did as many questions as possible, including 75% of the MicroMash questions and the full MicroMash practice exam.  All in all, I’d say I did several thousand questions.

8. How soon in advance of the bar did you start studying for the MBE?

Melanie:
I graduated in the middle of December and attended the PMBR 6 day the next week and that’s essentially when my studying started.  I took a few days off for Christmas and part of New Year’s Day off, but after that it was pretty much all bar study.

Renee:
I started studying 9 1/2 weeks before the exam.  I spent the first six weeks studying the MBE almost exclusively.  The last three and a half weeks I focused on the state specific subject areas and reviewed MBE materials a few hours each day.

9. How many hours a week did you dedicate to MBE study?

Melanie:
I am not a morning person.  I’m definitely a night person.  I would start around 10:00 AM and work straight through until either 4:00 or 6:00 PM depending on when the library closed.  Those were my hard-core hours.  I would then take a break, feed my dogs and eat.  I would do more work – easier stuff like reviewing my flashcards or taking notes on the PMBR cds – at night.  I’m not sure what that amounts to a week, but I’m guessing I did 60-80 hours of studying a week.

Renee:
I tried to treat my study time as a job in the beginning and would spend around eight hours a day studying for the MBE.  As the exam got closer, I realized I needed to spend additional time learning the material, and I would guess I spent around 10-12 hours a day studying for the last 3-4 weeks.

10. If you could do anything different regarding your MBE preparation, what would it be?

Melanie:
I would have started making flashcards right at the beginning.  About a week or two into studying, I found myself getting exceedingly stressed out.  I was studying all day and I felt like I didn’t have a whole lot to show for it.  I was learning all these concepts, but I didn’t know if I’d remember them or not and I just felt overwhelmed.  My best friend suggested I make flashcards, even though I’d never used them in law school, because they would allow me to see progress as my flashcard pile grew and they would allow me to review the points of law that I was learning and didn’t want to forget.  They were a key tool for me throughout the studying process.

Renee:
I would do more questions and would have started doing questions sooner in the study process.  In the beginning of my studies, I would wait until I had gone through the material for a subject several times before starting questions for that subject.  I didn’t want to start the questions until I knew I could get most of them right because I was worried that if my percentage of correct answers was low, it would really stress me out!  However, I think the questions are essential to gaining a better understanding of the material.  If I could do it over, I would worry less about my day to day percentages and would utilize the questions to help my MBE score… when it really counts!

11. What is your advice to students struggling with the MBE?

Melanie:
I would advise them to not be overwhelmed and to take it one day, or even one hour, at a time.  If you look at the immense amount of material you are expected to know and apply, it seems impossible, but it’s really not.  You just have to break the study material down into manageable portions and tackle it one concept at a time.  If you are willing to put in the time and effort, and if you use the right materials, it’s not hard to conquer the bar.  Passing the bar isn’t about how smart you are – it’s about effort, hard work, perseverance, and understanding how to manage your time in a manner that you aren’t just working hard, but you are working smart, too.

Renee:
Keep studying and don’t waste your time on negative thoughts or dwelling about the material you do not understand.  The MBE is an endurance race and anyone who has ever taken it has felt overwhelmed at some point while preparing for it.  The key is to take it one chunk of material at a time, review it frequently, and do as many practice questions involving it as possible.

Special thanks to Melanie and Renee for their willingness to spend so much time answering our questions here at Bar Exam Brief.  We think this is a nice idea, and a strong possible ongoing feature.  If you agree, or if you have any follow up questions for Melanie or Renee, please hit the comment link below and let us know your thoughts!

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