BarReviewSolutions.com New York Bar Exam Newsletter

Dear New York Bar Exam Applicants,

Welcome to the latest issue of our NY bar exam newsletter. In this issue, we consider:

• Important Upcoming New York Bar Exam Dates
• New York Bar Exam Study Strategy: The Home Stretch
• New York Bar Exam Essays In-Depth: Issue Identification & Recognition, Part 3
• Next Issue Preview

Important Upcoming New York Bar Exam Dates

• New York Bar Exam administered, February 22-23, 2011

New York Bar Exam Study Strategy: The Home Stretch (Or, What One Does the Last Two Weeks of Bar Review)

If everything is going to plan, via your bar review study schedule, then the last two weeks of your review should be spent utilizing your reference system to memorize materials and practicing MBE questions, NY multiple choice, essays, and MPTs.

Memorizing, Memorizing, Memorizing...

For memorization of the materials, there are no shortcuts. It is long, tiring work. Of course, there are memorization techniques that you will become familiar with and most likely utilize (e.g., mnemonics, etc…). However, even with such memorization techniques, the memorization process is still a daunting challenge. You know better than anyone else what learning methods and memorization techniques work best for you. Use those methods that have worked in the past (e.g., during law school), eliminate ineffective methods. Avoid sticking with something that is not working, even if it is working for your friend.

Condensing NY Bar Review Materials

It is at this time that many individuals will begin condensing their reference system to create condensed/synthesized outlines for each testable subject found on the NY bar exam. If you followed this method in law school, then you will be very familiar with it. If not, condensing your outlines is akin to whittling the wheat from the shaft. Comprehensive outlines will often state the why, the how, and provide examples of a legal issue or topic. Condensed outlines simply state the what, i.e., the rule statement or elements of a testable issue in a highly abbreviated fashion. Keep in mind, condensed/synthesized outlines are a very effective tool if YOU are the one doing the condensing and synthesizing. We believe utilizing someone else’s condensed outlines eliminates almost all of the benefit received in creating condensed versions of the materials in the first place. Of course, we have all heard the tale of an individual only studying with someone else’s condensed outlines and passing the NY bar exam. However, we never hear of the many more tales of those individuals that used such condensed outlines and failed. Don’t let an exception to a rule guide your own NY bar exam preparation.

New York Bar Exam Essays In-Depth: Issue Identification & Recognition, Part 3

Our Essays In-Depth feature is an excerpt from our upcoming New York Bar Exam Essay Solution On-Demand Workshop. This week we complete our series on Issue Identification & Recognition. Specifically, we demonstrate how to utilize an issue checklist with a mini-question.

Sample Checklist Refresher

If you recall, in our last issue we provided a sample checklist for intentional torts (minus defenses). For sake of economy and illustrative purposes, we will use this same sample checklist and limit the "universe of testable law" for our mini-question to Intentional Torts only (again, omitting defenses). As a reminder and caveat, the purpose of both the sample checklist and this mini-question is to illustrate the nature of checklists and their application in a concise, easy to understand fashion. Any Torts checklist(s) you rely upon for the actual exam should cover the entire testable subject. Our sample checklist for Intentional Torts included the following:

• Assault
• Battery
• False Imprisonment
• Infliction of Emotional Distress
• Trespass to Land
• Trespass to Chattels
• Conversion

Mini-Question:

"D works with A and B. During a normal workday, D had a heated argument with A over a malfunctioning printer and the best method to fix the malfunction. During the argument, D picked up a toner cartridge and threw it at A. A covered her head with her hands and ducked to avoid the cartridge. The cartridge missed A but hit B who was passing by the printer room in an adjacent hallway. The toner cartridge broke B's wrist. The toner cartridge was the property of D, A, and B's employer.
What intentional tort claims, if any, do A and B have against D? Discuss."

How Our Sample Checklist Can Help You Answer This Mini-Question

Keep in mind, the function of an issue checklist on the NY bar exam essays is to provide you one method to help you identify "issues" germane to the question presented. For purposes of this question, the "issues" are "intentional tort claims" (again, for sake of economy, discussion of pertinent defenses is omitted). Also, you should recognize the limitations of issue checklists. Such checklists do not include the elements of the "issues" (i.e., the rule statements that naturally accompany their discussion in an actual essay answer). Instead, in this variation of an issue checklist, the sole purpose is to assist in the identification of legal "issues" germane to the question presented. Also, of course, you will need to be able to recall any checklist from memory during the actual examination.

Looking at our sample checklist above, we know there are only 7 possible intentional torts claims in our universe of mini-question Torts law. Since the question only asks for intentional tort claims, and knowing there are only 7 such claims, we can quickly evaluate our checklist to see if any of these intentional torts fit within the question. Quickly, we can eliminate most of the 7 intentional torts. Since the facts state that the toner cartridge was the property of their employer, and not D, we know (or should know) all property-related intentional torts can be omitted, including Conversion, Trespass to Chattels, and Trespass to Land (remember, we are looking for claims A and B might have against D and not the claims of the employer). Also, since no emotional distress was mentioned in the facts and neither A nor B were forced against their will to stay in one location, we can eliminate both Infliction of Emotional Distress and False Imprisonment. The only claims that remain from the checklist are Assault and Battery. Since we know (or should know) a Battery can include objects put into motion by a defendant, then the throwing of the toner cartridge will suffice for the inclusion of Battery in our answer. Also, since we know (or should know) apprehension of an imminent battery is an Assault, then we can include Assault in our answer based upon A's covering her head and ducking (in most cases, one only covers their head under imminent apprehension of something hitting their head). At this point, our checklist should now resemble something like this:

• Assault
• Battery
• False Imprisonment
• Infliction of Emotional Distress
• Trespass to Land
• Trespass to Chattels
• Conversion

The stream of consciousness narrative of the preceding paragraph should only take you a couple of minutes on an actual NY bar exam essay utilizing a full subject checklist. Even if Assault and/or Battery was apparent to you after reading the question, and prior to considering the checklist, you could still utilize the checklist as a verification tool and to ensure no other issues are omitted from your answer. Then, after identifying Assault and Battery as the claims germane to the question presented (i.e., "the issues"), you would continue organizing the answer to this mini-question by creating an essay outline.

Next Issue Preview

In our next issue, our Essays In-Depth feature will examine how and when to raise multiple issues on NY bar exam essays.

If you have any questions about this newsletter or any of our products or services, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team

Dear New York Bar Exam Applicants,

After a one week holiday hiatus, welcome to the latest installment of our NY bar exam newsletter. In this issue, we consider:

• Important Upcoming New York Bar Exam Dates
• New York Bar Exam Study Strategy: Improving MBE Exam Fitness
• New York Bar Exam Essays In-Depth: Issue Identification & Recognition, Part 1
• Next Issue Preview

Important Upcoming New York Bar Exam Dates

• New York Bar Exam administered, February 22-23, 2011

New York Bar Exam Study Strategy: Improving MBE Exam Fitness

A key to preparing effectively and efficiently for the bar exam is balancing reviewing/memorizing the material with improving test-taking skills, including essay writing, answering MBE questions, and completing performance tests. If you spend too much time reviewing the substantive material, your essay writing and multiple-choice fitness will be limited and under-developed.

MBE Practice With Answer Explanations

In terms of MBE exam fitness, the best way to prepare for the MBE is practicing questions and reviewing answers to missed questions. As part of your bar review, you should possess a number of practice MBE questions available to you. Remember, you need MBE questions with explanations to the answers in order to correct your incorrect answers and learn from your mistakes. Unless you are taking a diagnostic or full practice MBE, answering practice MBE questions without answer explanations is counter-productive, as you will not know why a question was answered incorrectly.

Frequency and Volume of MBE Practice

The frequency, nature, and volume of MBE practice sessions should be an elementary component of your bar review. There are several variables you should consider when undertaking practice MBE questions. First, you should spend just under 2 minutes (1:48 to be exact) on each question to mimic exam conditions. Avoid the temptation to spend 3 or even 4 minutes per question during your initial practice sessions. You will get more out of the practice if you spend 2 minutes on a question, answer it incorrectly, and then review the explanation as to why your answer was incorrect, then if you spend 4 minutes on a question and answer it incorrectly anyway. Additionally, by adhering to a per question time limit, you are constantly training yourself under exam time constraints. Besides a per question time limit, you should also consider the volume of practice questions as your bar review progresses. This should be spelled out in your bar review study schedule with each MBE practice session becoming longer while simultaneously increasing the time interval between practice sessions. For example, in the first couple of weeks of your bar review it is not uncommon to do 25-50 practice MBE questions a day in several sittings per day. However, by the last couple of weeks of your bar review, MBE practice sessions should reach at least 100 in one sitting. Of course, due to the sheer time commitment to complete 100 questions and review incorrect answers, the sessions will be less frequent than your initial practice sessions of just a handful MBE questions at a time. Remember, the difference in mental and physical effort between completing 10 MBE questions in 20 minutes and 100 questions in 3 hours is significant.

New York Bar Exam Essays In-Depth: Issue Identification & Recognition, Part 1

Our Essays In-Depth feature is an excerpt from our New York Bar Exam Essay Solution On-Demand Workshop. This week we begin a series on Issue Identification & Recognition. Specifically, we introduce the concept of subject checklists.

The Problem: Failing to Identify "The Issue"

A common problem individuals face when preparing for the NY bar exam essays is a tendency to fail to identify or "miss" an issue on an essay question. Unfortunately, a "missed" or incorrectly identified issue can lead to a significantly reduced essay score.

The Solution: Create and Utilize a System to Identify and Confirm Essay Issues

To avoid the predicament of "missed" issues, one method that minimizes the possibility of missing an essay issue is the utilization of a systematic approach in identifying or verifying essay issues.

Subject Checklists as One Alternative

In simplest terms, a Checklist is a highly synthesized subject outline in a list or other format (e.g., a "Torts Checklist"). Generally, each entry in a checklist will be a cognizable "issue" or set of issues for the subject being tested. Continuing with the Torts example, a Torts Checklist might include, among other items, each testable intentional tort.

Checklists can be created in a wide variety of formats. A simple list is one possible format for a checklist. Other formats include acronyms or other mnemonic devices. Regardless of the format, the substantive content of the checklist will not vary: cognizable legal issues.

How A Checklist Can Help You Identify NY Essay Issues

The function of a checklist is to serve as an aid in recognizing and/or recalling possible issues for the particular subject being tested. For many individuals, the task of issue recognition on essay questions is problematic. Checklists are designed to alleviate issue recognition problems by providing a definitive list of possible issues, which can be relied upon and "checked" when such individuals are unable to recognize legal issues being tested from reading the fact pattern alone. Additionally, a subject checklist can serve as a mental security blanket for an individual during the bar exam itself. When time or exam pressures mount, a checklist can be an invaluable tool for an individual to rely upon.

Next Issue Preview

In our next issue, our Essays In-Depth feature will continue our series on issue identification and recognition.

If you have any questions about this newsletter or any of our products or services, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team

Dear New York Bar Exam Applicants,

Welcome to the latest installment of our NY bar exam newsletter. In this issue, we consider:

• Important Upcoming New York Bar Exam Dates
• New York Bar Exam Study Strategy: The Testing Effect
• New York Bar Exam Essays In-Depth: Issue Analysis, Part 3 of 3
• New York Bar Exam Newsletter-Only Discounts
• Next Issue Preview

Important Upcoming New York Bar Exam Dates

• New York Bar Exam administered, February 22-23, 2011

New York Bar Exam Study Strategy: The Testing Effect

In our last issue, we discussed the "spacing effect," a concept derived from cognitive science (loosely, the study of how human beings learn and retain information) research. This week we address a related concept: the testing effect. An evaluation of the testing effect is important for your bar review, as it demonstrates why practice essays and performance tests are so important for ultimate success on the New York bar exam. Also, a brief explanation may provide additional impetus for you to faithfully integrate practice essays into your New York bar exam preparation.

The Testing Effect Explained

In simplest terms, the testing effect "refers to enhanced memory resulting from the act of retrieving information, as compared to simply reading or hearing the information. The effect is also sometimes referred to as retrieval practice or test-enhanced learning." See http://en.wikipedia.org/wiki/Testing_effect. Research into the testing effect also demonstrates that an individual will know the material better, and be better prepared for an examination, if study is combined with testing vs. study alone. Moreover, the testing effect increases when "feedback" for the "test" is available to the student. "Study" simply means passively reading the testable material (e.g., reading an outline).

Leverage the Testing Effect to Your Advantage During Your NY Bar Review

So, how can the testing effect help you prepare for the New York bar exam? The significance for you is that you can improve your NY bar exam preparation, and take advantage of the testing effect, by integrating "testing" into your exam preparation instead of study alone. "Testing" can be any activity that requires you to recall ("retrieval" in cognitive science-speak) the testable concept or principle (e.g., rule of law). The "testing effect" has been utilized for many years in the form of flashcards and practice multiple choice questions for individuals preparing for bar exams.

However, one area where the testing effect has been neglected for NY bar exam preparation is the integration of full, practice essays with actionable feedback into an individual's bar exam preparation. You wouldn't dream of taking the MBE portion of the New York bar exam without consistent, regular multiple choice practice questions that provide you answer explanations (this type of practice already takes advantage of the testing effect). Likewise, to take advantage of the testing effect for the essays and performance tests, we believe effective, efficient New York bar exam preparation should include regular, practice essays and performance tests that provide you comprehensive, actionable feedback to improve upon your mistakes.

All of our New York bar exam programs are designed with the testing effect in mind, and we believe this type of essay practice with knowledgeable, actionable feedback is a major reason why individuals that complete our essay programs pass the New York bar exam at a significantly higher rate than the overall passing rate.

New York Bar Exam Essays In-Depth: Issue Analysis, Part 3 of 3

Our Essays In-Depth feature is an excerpt from our New York Bar Exam Essay Solution On-Demand Workshop. This week we conclude our 3-part series on Issue Analysis.

Issue Analysis on NY Bar Exam Essays

To recap, in our last two issues, we've explained that Issue Analysis on NY bar exam essays consists of analyzing a given set of facts in light of the applicable law and reasoning to a sound conclusion. We've also identified several, common mistakes that individuals make with their Issue Analysis in the hope that you can avoid similar pitfalls on your NY bar exam. In part 3, we conclude by highlighting an additional, common mistake individuals commit when presenting Issue Analysis on their NY bar exam essays: Cursory Analysis.

Common Issue Analysis Mistake: Cursory Analysis

Another common Issue Analysis mistake is Cursory Analysis. Cursory Analysis is Issue Analysis that fails to fully, and specifically, evaluate all of the relevant, pertinent facts presented by the essay fact pattern. As explained in previous issues, your Issue discussion on any New York bar exam essay should include an issue statement, statement of the law, analysis, and conclusion. The very function of any Issue Analysis is to apply the applicable legal standard(s) to the specific, pertinent facts presented by the fact pattern. The most common form of Cursory Analysis is Analysis that utilizes indirect reference to the facts.

For example, consider the common law burglary example from last week (the elements of common law burglary: a) the breaking and b) entering the c) dwelling house of another d) at nighttime e) to commit a felony therein). Additionally, consider a New York bar exam essay question that provides the following fact pertaining to a possible burglary charge: "the action occurred under moonlight at 2:00 am." Obviously, this fact would be relevant for the "at nighttime" element of common law burglary. However, how you utilize and integrate this fact into your essay answer will determine whether analysis of this element of the crime will include Cursory Analysis. A common approach is for an individual to address the "at nighttime" element of the possible burglary charge by simply stating "as the facts indicate, the defendant committed the act at night." However, this is a classic example of Cursory Analysis, lacking specific reference to the pertinent, relevant facts.

The Cursory Analysis Solution: Specificity of Factual Reference in Your Analysis

To avoid the common mistake of Cursory Analysis, provide specific, direct reference to the pertinent facts in your Issue Analysis. Instead of stating "as the facts indicate," as noted in the example above, explicitly state and integrate those facts into your essay answer. For example "the defendant clearly committed the act at nighttime because the act occurred at 2:00 am under moonlight" is far superior to the Cursory Analysis example provided above.

New York Bar Exam Newsletter-Only Discounts

For our NY bar exam newsletter readers, we are offering $25 off our Ultimate or Paced essay programs for the February 2011 NY bar exam. The discount is valid until December 29, 2010. To obtain the discount, simply enter the code NYBAR25 at checkout.

Next Issue Preview

In our next issue, our Essays In-Depth feature will address how to manage your time effectively on the New York bar exam essays.

If you have any questions about this newsletter or any of our products or services, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team

Dear New York Bar Exam Applicants,

Welcome to the latest installment of our NY bar exam newsletter. In this issue, we consider:

• Important Upcoming New York Bar Exam Dates
• New York Bar Exam Study Strategy: Constructive Essay Practice During Your Bar Review
• New York Bar Exam Essays In-Depth: Issue Analysis, Part 1 of 3
• New York Bar Exam Newsletter-Only Discounts
• Next Issue Preview

Important Upcoming New York Bar Exam Dates

• New York Bar Exam administered, February 22-23, 2011

New York Bar Exam Study Strategy: Constructive Essay Practice During Your Bar Review

For many individuals seeking to pass the NY bar exam, a primary obstacle is an inability to write passing essays, not a lack of knowledge of the substantive law tested. Generally, the cause of this inability to write passing NY essays is two-fold: 1) individuals do not write enough practice essays and 2) individuals do not practice essays constructively.

Frequency of Essay Practice

Frequency of essay practice is an important element to consider as you prepare for the NY bar exam. First, an individual can only become comfortable and familiar with the time pressures of a 40-45 minute essay through practice. Second, an individual needs to build exam fitness to comfortably and ably answer the essays in the time provided, whether 2 or 3 essays at a time. For some individuals, mental exhaustion by the end of the Tuesday of the bar exam can interfere with their ability to effectively answer the essays and performance test. However, if you gradually trained yourself to answer multiple essays in one sitting, then the multiple essays on exam day will be neither surprising nor exhausting.

Constructive Essay Practice

In addition to frequency of essay practice, your essay practice needs to be constructive. The goal of essay practice should not be simply to COMPLETE the practice answer. Instead, the goal should be to IMPROVE your practice answer. To improve your practice essays, your answers must be critically evaluated. Of course, critical evaluation, critique, and feedback from a trained eye can be invaluable in the process to improve your practice essays to a level that will receive a passing score on the actual exam.

New York Bar Exam Essays In-Depth: Issue Analysis, Part 1 of 3

Our Essays In-Depth feature is an excerpt from our New York Bar Exam Essay Solution On-Demand Workshop. This week we begin a 3-part series on Issue Analysis.

The Nature of Issue Analysis on NY Bar Exam Essays

When considering how to approach and communicate your Analysis for a given Issue, it is important to remember the nature and function of an essay question on the New York bar exam. Keep in mind, as the Board of Law Examiners explain, "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 from there to a sound conclusion." From this definition, and putting aside considerations of issue recognition and stating the law for an issue, analysis consists of analyzing a given set of facts in light of the applicable law and reasoning to a sound conclusion. Although this explanation appears to be relatively straight-forward, in practice, individuals make a number of common mistakes in their attempt to provide such Analysis. This 3-part series is designed to highlight many of these common mistakes and identify techniques to avoid them.

Common Issue Analysis Mistake: Restating the Facts

A very common Analysis mistake is substituting a blanket restatement of the facts for actual Analysis. Generally, this error will occur immediately after an individual provides the statement of the law for an Issue. In most cases, an individual will summarize and restate the relevant facts in the place of any discussion as to how the relevant law applies to the same set of facts. In its' most severe form, an individual will simply restate all of the relevant facts and then conclude whether the legal standard previously stated in the Statement of the Law is met or not without actually applying the law to the facts. Although the relevant facts need to be cited in your answer, they also need to be analyzed. You should avoid simply restating the facts of the question, as this creates a disconnect between the pertinent facts and relevant legal standard.

The Solution: Frame Your Analysis Around the Elements of the Pertinent Legal Standard

To avoid the common mistake of restating the facts, frame the Analysis of each Issue by the elements of the relevant legal standard. For example, if the issue is a prima facie case of negligence, then begin your Analysis with the element of Duty instead of simply restating all of the relevant facts prior to any consideration of the prima facie elements of a negligence claim. Remember, the Analysis of any Issue is the application of the law to the facts and not merely a restatement of the pertinent facts.

New York Bar Exam Newsletter-Only Discounts

From now until December 15, 2010, you can receive $50 off our Ultimate tutorial program. To obtain the discount, simply enter the code NYBAR50 at checkout.

Next Issue Preview

In our next issue, our Essays In-Depth feature will continue our 3-part series on Issue Analysis and the common mistakes individuals commit when trying to apply the law to the facts on their NY bar exam essays.

If you have any questions about this newsletter or any of our products or services, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team

Dear New York Bar Exam Applicants,

Welcome to the latest installment of our NY bar exam newsletter. In this issue, we consider:

• Important Upcoming New York Bar Exam Dates
• New York Bar Exam Study Strategy: Creating a Reference System for Periodic Review
• New York Bar Exam Essays In-Depth: Crafting Effective Issue Statements
• BarReviewSolutions.com NY Bar News & Announcements:
• Trial Version of 1-on-1 NY Bar Exam Essay Tutorials Available
• New York Bar Exam Newsletter-Only Discounts
• Next Issue Preview

Important Upcoming New York Bar Exam Dates

• 30-day period now underway for failed applicants of July NY bar exam to obtain copies of essay answers
• Application Filing Period for the February 2011 NY bar exam closes November 30, 2010

New York Bar Exam Study Strategy: Creating a Reference System for Periodic Review

A problem frequently encountered by individuals preparing for the NY bar exam is simply managing all of the testable material in an efficient, productive manner. To improve the management of the testable materials (i.e., "the black-letter law"), we always suggest that an individual create and employ a "reference system" for subsequent, periodic review of the material as the bar exam approaches. You might already be familiar with such reference systems from law school, including outlines and flashcards. The value of any reference system, regardless of its format, is that the testable material is reduced to a convenient, easy-to-review, and lightweight exam preparation tool.

An Individually Created Reference System

We have found that there are two keys to maximize the effectiveness of any such reference system. First, your reference system should be personally created by you alone. Although reviewing prior outlines or flashcards is useful in providing a general idea as to what your reference system should contain, your recall and understanding of the testable material will be vastly improved if you personally create your reference system. This improved understanding is attributable to the fact that in order to create an entry in your reference system for a particular concept, you need to synthesize and review the concept, put the concept into writing, and then review what you have written.

A Reference System You Actually UTILIZE

The second key to an effective reference system is your actual utilization of that reference system. Far too often, individuals will create or possess a reference system for the testable material but simply utilize the reference system incorrectly. Remember, the very purpose of a reference system is to provide you a convenient, easy-to-use tool for review, and ultimately memorization, of the testable material. This usage should include periodic reviews of your reference system for each subject throughout your exam preparation. Avoid the common mistake of creating an outline for a subject two months before the exam and then waiting until the week before the exam to review the outline again. Beyond increasing the frequency of periodic review, you should also actively engage your reference system when reviewing it. Instead of passively reading an outline over and over again, constantly test your ability to recall concepts and elements of the testable issue (e.g., via practice essays).

New York Bar Exam Essays In-Depth: Crafting Effective Issue Statements

Our Essays In-Depth feature is an excerpt from our New York Bar Exam Essay Solution On-Demand Workshop. This week we examine and discuss how to create effective Issue Statements for your New York bar exam essays.

Why are Issue Statements Important on NY Bar Exam Essays?

As we discussed last week, Issue Statements are one component of effective Issue Organization and presentation that should be employed on all of your NY bar exam essays. Keep in mind, whether your essay is effectively organized will impact your overall essay score.

What is an Issue Statement?

An Issue Statement, as the name implies, is a statement identifying the legal issue being tested by the question presented. Keep in mind, a single question may contain multiple issues. However, regardless of the number of issues, each issue raised should always include an Issue Statement. Your identification of the legal issue, via the Issue Statement, should identify the underlying legal concept being tested and those material facts that suggested the concept.

Common Issue Statement Mistakes on NY Bar Exam Essays

In our experience assisting individuals prepare for the NY bar exam essays, a number of common mistakes will inevitably surface when individuals initially attempt to create effective Issue Statements. Three of these common mistakes include the following:

1. Omission of the Issue Statement Altogether. We are constantly surprised to see individuals omit Issue Statements entirely even after being instructed to include them in their essays. Individuals most frequently commit this mistake when they fail to adequately outline their response.
2. Restating the Question. This is, perhaps, the most common mistake we see with Issue Statements. Although a minority of questions may state the issue in its' entirety, most questions do not. Instead, almost all questions require you to look beyond the question presented and to material facts that suggest the applicable legal concept that will answer the question.
3. Too Broad or Vague. Another common mistake is an Issue Statement that fails to succinctly and specifically identify the legal concept upon which the question turns and those material facts that suggested the issue. An Issue Statement the states "The issue is Negligence" is a perfect example. What aspect of Negligence? What parties? How is this responsive to the question presented?

How to Craft Effective Issue Statements

Considering these common mistakes, there are a couple of principles you should keep in mind when creating Issue Statements. First, your Issue Statement should be narrowly-tailored to reflect the specific legal concept at issue and those material/operative facts that raise the issue. Avoid the tendency to simply restate or rephrase the question when the issue that answers the question is a legal issue not specifically provided by the question.

Issue Statement Examples

A comparison of poor and passing Issue Statements is especially useful to understand what your Issue Statements should contain to receive a passing score. Consider the following question from a real, past NY bar exam essay question:

"The partner would like you to prepare a memorandum discussing: whether the general release bars a successful claim by Chips [name of company in fact pattern]."

Now, let's examine some examples that commit some of the common mistakes cited above, including:

• The issue is whether the general release bars a successful claim by Chips [restating question]
• The issue is whether an employee possess authority to execute a release [omits operative facts]
• The issue is whether the representative's signature is valid [omits legal concept]

In contrast, here are two issue statements that received passing scores

• The issue is whether Chips’ employee had authority to return the acknowledgement form of his own volition on Chips’ behalf.
• The issue is whether the supervising clerk had the authority as an agent or employee of Chips to execute such a release.

The differences between the poor and passing Issue Statements above should be obvious. Notice how the passing Issue Statements are narrowly-tailored and not only identify the underlying legal concept (agent authority) but also the material facts that raise the issue (the employee's action). The passing Issue Statements do well to avoid the common mistakes cited above.

BarReviewSolutions.com NY Bar Exam News & Announcements:

Trial Version of 1-on-1 NY Bar Exam Essay Tutorials Available

The Trial Version of our 1-on-1 NY bar exam tutorial programs is now available. The Trial is designed to introduce you to our programs without a long-term commitment or expense. Learn more about our Trial tutorial program for the NY bar exam.

New York Bar Exam Newsletter-Only Discounts

Subscribe to this newsletter to receive newsletter-only discounts in your inbox.

Next Issue Preview

In our next issue, our Essays In-Depth feature will address common mistakes individuals commit when trying to provide Statements of the Law (i.e., rule statements) within an issue on the NY essays.

If you have any questions about this newsletter or any of our products or services, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team