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HELPFUL INFORMATION FOR BAR EXAM PREPARATION
» For Giggles
» Important Links
» Ten Tips For Passing The Bar Exam
» What Is On The New York Bar Exam
» What Is On The New Jersey Bar Exam
» What Is On The Connecticut Bar Exam
FOR GIGGLES
Bar Exam preparation is hard work, but you should be able to laugh a little too.
These are from a book called Disorder in the American Courts, and are things people actually said in court, word for word, taken down and now published by court reporters who had the torment of staying calm while these exchanges were actually taking place.
ATTORNEY: Are you sexually active?
WITNESS: No, I just lie there.
______________________________
ATTORNEY: What is your date of birth?
WITNESS: July 18th.
ATTORNEY: What year?
WITNESS: Every year.
_____________________________________
ATTORNEY: What gear were you in at the moment of the impact?
WITNESS: Gucci sweats and Reeboks.
______________________________________
ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS: Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS: I forget.
ATTORNEY: You forget? Can you give us an example of something you forgot?
_____________________________________
ATTORNEY: How old is your son, the one living with you?
WITNESS: Thirty-eight or thirty-five, I can't remember which.
ATTORNEY: How long has he lived with you?
WITNESS: Forty-five years.
_____________________________________
ATTORNEY: What was the first thing your husband said to you that morning?
WITNESS: He said, "Where am I, Cathy?"
ATTORNEY: And why did that upset you?
WITNESS: My name is Susan.
______________________________________
ATTORNEY: Do you know if your daughter has ever been involved in voodoo?
WITNESS: We both do.
ATTORNEY: Voodoo?
WITNESS: We do.
ATTORNEY: You do?
WITNESS: Yes, voodoo.
______________________________________
ATTORNEY: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know about it until the next morning?
WITNESS: Did you actually pass the bar exam?
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ATTORNEY: The youngest son, the twenty-year-old, how old is he?
WITNESS: Uh, he's twenty-one..
________________________________________
ATTORNEY: Were you present when your picture was taken?
WITNESS: Would you repeat the question?
______________________________________
ATTORNEY: So the date of conception (of the baby) was August 8th?
WITNESS: Yes.
ATTORNEY: And what were you doing at that time?
WITNESS: Uh....
______________________________________
ATTORNEY: She had three children, right?
WITNESS: Yes.
ATTORNEY: How many were boys?
WITNESS: None.
ATTORNEY: Were there any girls?
______________________________________
ATTORNEY: How was your first marriage terminated?
WITNESS: By death.
ATTORNEY: and by whose death was it terminated?
______________________________________
ATTORNEY: Can you describe the individual?
WITNESS: He was about medium height and had a beard.
ATTORNEY: Was this a male or a female?
______________________________________
ATTORNEY: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?
WITNESS: No, this is how I dress when I go to work.
______________________________________
ATTORNEY: Doctor, how many of your autopsies have you performed on dead people?
WITNESS: All my autopsies are performed on dead people.
______________________________________
ATTORNEY: ALL your responses MUST be oral, OK? What school did you go to?
WITNESS: Oral.
______________________________________
ATTORNEY: Do you recall the time that you examined the body?
WITNESS: The autopsy started around 8:30 p.m.
ATTORNEY: And Mr. Denton was dead at the time?
WITNESS: No, he was sitting on the table wondering why I was doing an autopsy on him!
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ATTORNEY: Are you qualified to give a urine sample?
WITNESS: Huh?
______________________________________
ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?
WITNESS: No.
ATTORNEY: Did you check for blood pressure?
WITNESS: No.
ATTORNEY Did you check for breathing?
WITNESS: No.
ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?
WITNESS: No.
ATTORNEY: How can you be so sure, Doctor?
WITNESS: Because his brain was sitting on my desk in a jar.
ATTORNEY: But could the patient have still been alive, nevertheless?
WITNESS: Yes, it is possible that he could have been alive and practicing law.
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TEN TIPS FOR PASSING THE BAR EXAM
- "You need to think about what you know and don't know before you go into the bar review course. It helps lessen the pressure." Richard Litvin, Professor, Quinnipiac University School of Law
- "When family or friends ask what they can give you for graduation, say 'money.' Money for the bar review. Money so you don't have to work. And nutritious meals to put in the freezer so you don't have to cook." Edna Wells Handy, author
- "Get into a structured regimen of study. It's a building process. It doesn't come by going through the materials just once." Annamarie Castellani, Pennsylvania BAR/BRI
- "Enlarge your outlines. Create your own flow charts. Create your own mnemonics. Use your own tools." Laurie Zimet, University of California at Hastings
- "Emphasize what's going to be tested. In evidence, hearsay comes up a lot, but not the best evidence rule. You want to know hearsay backward and forward." Steve Friedland, professor, Nova Southeastern University School of Law
- "The heart of the bar exam is: 'Do you know the rule of law?' Law school is teaching philosophy. You will be tested on the substantive rules, whether or not you learned them in law school." Kenneth Dym, PMBR, New York region
- "Pay attention to the technique of essay writing. It can be learned and improved." Ben Brattman, professor, University of Pittsburgh School of Law
- "You can read too much into a question. A lot of law school emphasizes the complexity. A bar exam is on a more generic level, and a simple answer is needed. The graders want you to come to a conclusion, not just discuss various theories." Bob Dinerstein, associate dean, American University College of Law
- "Don't think because you are in the top 10% that you don't need a plan. The bar exam can trip up the best and the brightest. You have to plan to address the idiosyncrasies of this exam." Michael Moiso, author
- "Be confident of your abilities, and don't let the test scare you out of your wits." Jerome Braun, State Bar of California
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WHAT IS ON THE NEW YORK BAR EXAM
This summary was drafted from information provided on the New York State Board of Law Examiner's website.
The New York bar exam which is worth sixty (60) per cent of the grade, and the Multistate Bar Exam (MBE), which counts for forty (40) per cent.
Multistate Bar Exam (MBE).
The Multistate Bar Exam (MBE) is a standardized exam administered in each of the United States except Washington and Louisiana. It consists of 200 questions, on six areas of law. The MBE is administered in the last week of February, always on a Wednesday and also on the last Wednesday in July. For more information on the MBE, visit the National Conference of Bar Examiners website at http://www.ncbex.org/.
New York Bar Exam - New York Day
The New York part of the New York Bar Exam is administered the day before the MBE in February and July. For more information on the New York Bar Exam, visit the web site of the New York State Board of Law Examiners, at http://www.nybarexam.org/.
The New York part of the New York Bar Exam has three sections. It contains (i) 50 multiple-choice questions on New York law and (ii) five essays, of 40 to 45 minutes each, as well as (iii) one 90-minute Multistate Performance Test (MPT) question, written by the National Conference of Bar Examiners (NCBE).
The following description of the New York day of the New York Bar Exam comes from the web site of the New York State Board of Law Examiners. The fee to take and retake the test is $250
THE EXAM - New York Portion: The first day is the New York portion, which consists of five essay questions and 50 multiple choice questions, prepared by the New York Board, and one Multistate Performance Test (MPT) question, developed by the National Conference of Bar Examiners.
In the morning session, which begins at 9:00 A.M. and ends at 12:15 P.M., applicants must complete three essays and the 50 multiple choice questions in three hours and 15 minutes. Although applicants are free to use their time as they choose, the Board estimates an allocation of 40 minutes per essay and 1.5 minutes per multiple-choice question.
In the afternoon session, which begins at 1:30 P.M. and ends at 4:30 P.M., applicants must complete the remaining two essay questions and the MPT in three hours. Again, although applicants are free to use their time as they choose, the National Conference of Bar Examiners developed the MPT with the intention that it be used as a 90-minute test. Therefore, the Board recommends that applicants allocate 90 minutes to the MPT and 45 minutes to each essay.
The New York portion is based on both procedural and substantive law. It may deal with the six subject matters covered on the Multistate Bar Examination (MBE)--Contracts, Constitutional Law, Criminal Law, Evidence, Real Property, and Torts (including statutory no-fault insurance provisions). In addition, the questions may deal with Business Relationships, Conflict of Laws, New York Constitutional Law, Criminal Procedure, Family Law, Remedies, New York and Federal Civil Jurisdiction and Procedure, Professional Responsibility, Trusts, Wills and Estates (including federal estate taxation for examinations administered prior to February 2006 only), and UCC Articles 2, 3, and 9. More than one subject is tested in a single essay question. Except for questions involving federal law, the New York essay and multiple choice questions are based on the law of New York.
Each essay question is designed to test the applicant's ability to analyze a given set of facts, to identify the issues involved and the applicable principles of law, and to reason there from to a sound conclusion. An essay answer should show a recognition of each issue presented by the material facts, discuss the principles of law applicable thereto and set forth the reasoning by which the conclusion has been reached. The answer should be clear and concise. It should be confined to the particular issues presented and should not include information that is not responsive to the question. Appropriate credit is given in the grading of essay answers for well-reasoned analyses of the issues and legal principles involved even though the final conclusion itself may be incorrect.
A compilation of the essay questions and sample above average candidate answers from the three most recent bar examinations is available on this web site, or upon written request for a fee of $50 in a certified check, cashier's check or money order, payable to "State Board of Law Examiners."
The New York multiple-choice questions require the applicant to select the correct answer from among four stated alternatives, of which only one is correct.
The MPT, developed by the National Conference of Bar Examiners, is a 90 minute question which requires candidates to complete an assigned task using resource materials they are given. The task is described in a memorandum from a supervising attorney and may include the preparation of a brief in support of a motion, a memorandum evaluating grounds for objecting to the probate of a will, a simple complaint or some other legal document. The assignment may raise an ethical issue as well. Candidates will be provided with a "file", containing source documents from which candidates must glean the facts of the matter, and with a "library," containing cases, statutes or regulations.
Additional information on the MPT, including availability of study aids, may be found on the website of the National Conference of Bar Examiners, http://www.ncbex.org/
Multistate Bar Examination (MBE) Portion. The second day of the examination, the MBE portion, consists of 200 multiple choice questions prepared by the National Conference of Bar Examiners. It is given on the same day in more than 45 jurisdictions. It is given in two three-hour sessions, from 9 AM to 12 noon and 1:30 to 4:30 PM.
Of the 200 questions, 34 each are in Contracts and Torts, and 33 each in Constitutional Law, Criminal Law, Evidence and Real Property. Each question consists of a statement of facts followed by four stated alternative answers. The applicant is required to choose the best of the stated alternatives. Except where otherwise noted, all questions must be answered according to the generally accepted view, as distinguished from any contrary local principle that may be followed in New York. The questions on evidence are based primarily on the Federal Rules of Evidence, which are controlling as against any contrary law in New York. The MBE is more fully described in a bulletin of information published by the National Conference of Bar Examiners in conjunction with American College Testing. Copies of that bulletin are provided to New York applicants upon receipt of their applications to take the examination. The National Conference of Bar Examiners has also published questions, which can be ordered from the National Conference at 402 West Wilson Street, Madison, WI 53703-3614, Telephone (608) 280-8550; FAX (608) 280-8552; TDD (608) 661-1275. The web site: http://www.ncbex.org/.
Taking a Concurrent Examination in Another Jurisdiction: Because the MBE is given on the same day in every jurisdiction, it is possible for applicants to take another bar examination in a State which gives their essay or local section on Thursday. It is the responsibility of the applicant to determine the requirements of the other jurisdiction and whether or not it is feasible for them to take a concurrent examination.
An applicant may choose to take the MBE portion of the examination in another jurisdiction, as part of the latter's bar examination, on the same day the MBE is given in New York, and the MBE scaled score attained by the applicant in the other jurisdiction will be combined with the applicant's scores on the New York portion of the examination taken on the previous day as if the applicant had taken the entire examination in New York. Written notification of the applicant's intention to take the MBE in another jurisdiction must be noted in the appropriate area on the application form. It is the responsibility of the applicant to take whatever steps are required by the other jurisdiction to insure that New York receives the MBE score as soon as possible, as the applicant's examination results cannot be computed without such score.
Every other applicant must take both the New York and MBE portions of the examination in New York at the same administration.
Applicants taking the MBE in New York and a concurrent examination in Connecticut, Maine, Maryland, Massachusetts or New Jersey, must arrange to have their score transferred through the National Conference of Bar Examiners by completing Form #47 which is included in our application packet.
Applicants taking the MBE in New York and a concurrent examination in a jurisdiction other than CT, ME, MD, MA or NJ must also arrange to have their score transferred through the National Conference of Bar Examiners by completing the MBE transfer form on the reverse of Form #47 in our application packet. Before doing so, the applicant should check with the other jurisdiction to be certain (a) that it is possible to take a concurrent examination there, and (2) that they will accept the MBE score earned in New York.
How is the New York bar examination scored?
On September 24, 2004, the Board announced in a press release that the passing score on the New York bar exam will be increased from 660 to 675 out of 1000. As of July 2005, the passing score increased to 665, and will further increase five points each year thereafter for the next three years. The new passing score of 675 will be implemented in July 2007. The passing score for the February 2006 exam is 665.
Changes in Exam Content
On September, 19, 2005, the Board announced that it is eliminating federal estate taxation as a tested subject, effective with the February 2006 exam.
(Visit http://www.nybarexam.org/press.htm for further information on these topics).
Eligibility Requirements for Foreign Attorneys
This information was taken from the New York State Board of Law Examiner's website.
Foreign attorneys are eligible to sit for the New York bar examination upon proof of legal education as required by the New York State Board of Law Examiners (the "Board"). The applicant must have fulfilled the educational requirements for admission to the practice of law in his/her respective country by successfully completing law study equivalent in duration to that required by the Board. The foreign school must be recognized by the accrediting agency or a political division of its country's government AND either 1) the foreign country is one whose jurisprudence is based upon English Common Law, and the foreign program is substantially equivalent to the legal education provided by an accredited U.S. law school, OR 2) where the foreign candidate does not meet the educational requirements above, but instead possesses at least two (2) years of substantially equivalent education, or has successfully completed a full-time or part-time program in professional legal subjects in an approved U.S. law school.
Alternatively, where a foreign attorney is admitted to practice law in his/her respective country, other than the U.S., whose jurisprudence is based on English Common Law, such a candidate must demonstrate proof of admission to practice law in his/her country AND successful completion of a full-time or part-time program (minimum twenty (20) semester hours of credit) in legal subjects which includes courses in American law in an approved U.S. law school. (Please see the Board's website for more details).
Please be advised that, with the exception of students who possess LLB degrees, foreign attorneys who do NOT have a J.D. are ONLY eligible to sit for either the New York or California bar exam in order to lawfully practice law as an admitted attorney in the U.S. Foreign attorneys are NOT eligible to take any other jurisdiction's bar exam in the U.S. For information on the California Bar Exam please visit: http://www.calbar.ca.gov/.
(Visit http://www.nybarexam.org/press.htm for further information on these topics).
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WHAT IS ON THE NEW JERSEY BAR EXAM
Eligibility
To be eligible to sit for the New Jersey bar exam, candidates must be 1) at least 18 years of age 2) have graduated with a JD or LLB degree from an ABA Accredited Law School (LLM is not acceptable), and 3) be in good standing in all other jurisdictions where candidates are admitted. Foreign attorneys who do not possess a JD degree are not eligible to take the New Jersey bar exam.
Exam Procedure
The New Jersey bar exam is administered twice a year in February and July. Candidates who wish to sit for the New Jersey bar exam can also take the New York bar exam contemporaneously. Candidates can sit for the New York essays the first day, take the MBE the second day in either New York or New Jersey, and sit for the New Jersey, or any other jurisdiction's essays the third day. Should you choose to take two bar exams contemporaneously, please check the dates of the other jurisdiction's bar exam to ensure that the schedule does not conflict with the first bar exam you are taking, as not all jurisdictions allow for you to take two bar exams during one test administration. For example, you cannot sit for the Florida and New York bar exams contemporaneously as both tests are administered on the same day. However, you can sit for New York and New Jersey or New York and Connecticut, or Massachusetts contemporaneously. New Jersey MBE scores are transferable only when you sit for New Jersey and another state's bar exam contemporaneously.
**New Jersey does not have admission reciprocity with any other jurisdiction.
New Jersey recently changed its exam format as of July 2005. The New Jersey bar exam consists of the MBE the first day, and the essay portion the second day (the "Essay Day"). The Essay Day consists of seven (7) essays, which cover the same six (6) subjects tested on the MBE (Torts, Constitutional Law, Criminal Law and Procedure, Contracts, Evidence, and Property) in addition to a new seventh subject---Civil Procedure. These 7 subjects are tested as separate topics in each of the 7 essays. Moreover, New Jersey has now added new subjects to its exam which can cut across through each of the 7 essays as one or two issues: Corporations, Family Law, Wills, Trusts & Estates, UCC-Articles 2 (Sales), 3 (Commercial Paper), and 9 (Secured Transactions), Equity, Conflict of Laws, Partnerships, Zoning, Agency, and Professional Ethics. Please note that New Jersey no longer offers an MPT. Each essay should be completed within forty-five (45) minutes.
How The Exam Is Scored
The 7 essays are graded on a six-point scale (1-6). The MBE and essay portions are each weighted for grading at 50%. Candidates need to obtain a 136 and above to pass the New Jersey bar exam.
How to Approach the New Jersey Bar Exam
The New Jersey bar examiners provide suggestions as to how to formulate lawyer-like and well-written responses to the New Jersey essays. Samples of these essays and model answers can be found on the board's website. We at Barexamadvisors.com advise you to download these essays and review them thoroughly, as the New Jersey essay format differs from other state bar exams. Knowledge of New Jersey law is not critical as the exam tests primarily on Common Law. However, the exam may consist of writing a memorandum of law, an attorney's law, an analysis of a statute, and more. We at Bar Exam Advisors LLC can help you master the technique as our advisors and essay graders have first-hand experience with the New Jersey bar exam!
Fees
Apply Early!! Application fees to take the New Jersey bar exam are non-refundable, and fees increase each month from September ($475.00), to January ($675.00).
For more detailed information, please visit the New Jersey Board of Law Examiners website at: http://www.njbarexams.org.
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WHAT IS ON THE CONNECTICUT BAR EXAM
Eligibility
To be eligible to take the Connecticut February 2006 bar exam you must have received your law degree by February 16, 2006 from an accredited law school. You will not be allowed to sit for the February 2006 bar examination unless your certification and final transcript are received by the Committee by February 16, 2006. Foreign candidates who do not possess a JD degree are not permitted to sit for the Connecticut bar exam.
Exam Procedure
As discussed previously, Connecticut can be taken contemporaneously with other state bar exams. Please check to see if your jurisdiction conflicts with the scheduling of the Connecticut bar exam. For example, Connecticut can be taken contemporaneously with New York, but not with Massachusetts or New Jersey.
Prior MBE scores are transferable! Candidates are able to transfer prior MBE scores taken in other jurisdictions or in Connecticut. If you are taking the February 2006 bar exam, you can transfer MBE scores taken in February 2006, July 2005, February 2005, and July 2004 to your current exam. Therefore, if you wish to transfer an MBE score taken in July 2004, regardless of whether you passed that exam or not, you may do so without the need to retake the MBE. You would only need to sit for the Connecticut essay portion of the exam. Make sure you complete an MBE transfer form and submit it to the Committee well in advance before you take the exam by the specified deadline to ensure your score transfers in time.
Connecticut is a unique exam because it consists of twelve (12) essay questions which involve at least one to three issues maximum. You have thirty (30) minutes to complete each essay, and after each hour is completed, proctors take the two essays you have just completed for that hour. This is why it is essential to finish your essays in order! The following subjects are frequently tested: Corporations, Partnerships, Contracts, UCC Sales, Commercial Paper, Secured Transactions, Agency, Administrative Law, Conflicts of Law, Constitutional Law, Property, Evidence, Criminal Law and Procedure, Torts, Professional Responsibility, Wills, Trusts & Estates, and Equity. Not all of these subjects are tested each time the bar exam is administered but you should have general knowledge of all of these topics, as most of them are heavily tested. Further, you will find that each topic is discussed in its own essay. However, the recent trend has been to cut across one or two issues from other topics into each essay. For example, you may have a Constitutional Law essay where you will have to discuss an evidenciary issue, or a Torts essays that incorporates a UCC Sales issue. If you see two topics crossing over, make sure to discuss them. This is just one of the many invaluable teaching tips our advisors can assist you with in our private tutoring sessions! We encourage you to download sample essays and model answers directly from the Connecticut bar exam website. The key to passing any bar exam is to practice!
**Connecticut has admission reciprocity with other jurisdictions. New York and New Jersey are not one of those jurisdictions. Massachusetts and the District of Columbia do have reciprocity, to name a few. There is a $1,000.00 non-refundable fee to make a motion to be admitted to Connecticut without examination. Please see the bar examiner's website for more information. http://www.jud.ct.gov/CBEC/instadmisap.htm
How The Exam Is Scored
In Connecticut, the MBE and the essay portion are graded equally (50% each). Each essay is graded on a 7 point scale (1-7)-7 being the highest score.
Fees
The Connecticut bar exam application fee is $450.00, which must be received by the Committee by January 3, 2006 in order to sit for the February 2006 bar exam.
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