13 Weeks Until the February 2011 New York Bar Exam

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: Improving MBE Performance Via an MBE Error Log
• New York Bar Exam Essays In-Depth: Common Mistakes When Stating the Law for an Issue
• 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: Improving MBE Performance Via an MBE Error Log

To improve MBE performance, one technique we suggest is the creation and maintenance of an "error log." That is, a written record as to why an individual multiple choice question was missed (e.g., an individual record in a spreadsheet).

Pinpoint the Reasons for Incorrect MBE Answers

An MBE error log can help you identify why you are missing multiple choice questions. In our experience, there can be more than one reason why you miss a multiple choice question. Such reasons include misreading the question, misreading the answer options, not knowing the applicable law, or misapplying the applicable law. The purpose of the error log is to identify your weakest areas and target those areas for improvement.

Identify the Reason Why You Missed an Individual MBE Question

To create the MBE error log, you will need to thoroughly review all missed multiple choice questions to identify the reason(s) why you missed the question. Once you identify the reason(s) for a missed question, create an entry for that reason in your error log. Over time, you error log will likely identify the one or two primary reasons why you are missing the question. Then, you can concentrate on improving those areas in future practice. For example, if your log reveals that you miss 25% of all questions because you misread the answer options, then it should be made obvious that closer attention to reading these options is warranted. Identifying your multiple choice weaknesses in this manner would not be so obvious without the assistance of the error log.

Learn From Substantive Law Mistakes on MBE Practice Questions

Possible categories for missed MBE questions in your error log, as described above, are incorrect recall or application of the applicable rule of law. A corollary to your MBE error log should be a list (via flashcards, outlines, etc...) of corrected rule statements for missed MBE questions, and your NY bar review should include periodic review of these corrected rule statements.

New York Bar Exam Essays In-Depth: Common Mistakes When Stating the Law for an Issue

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 common mistakes individuals commit when attempting to state the relevant law for an individual issue.

How the Statement of the Law Fits Into a NY Bar Exam Essay Discussion

As discussed in preceding newsletter issues, any issue on New York bar exam essays should be organized around the following components: issue statement, statement of the law, analysis, and conclusion. The Statement of the Law for an issue is your opportunity to demonstrate and explain to the grader the applicable law for the issue under discussion.

Common Mistakes When Individuals Attempt to State the Law for an Issue

Unsurprisingly, there are several common, recurring mistakes individuals commit when attempting to state the pertinent law for an issue on NY bar exam essays. Two of these mistakes include 1) not defining and explaining legal terms of art and 2) failing to articulate the elements of the legal standard that measure the legal concept at issue.

1) Not Defining Legal Terms of Art

Keep in mind, the primary function of the NY bar exam essays is to determine whether you can identify the pertinent legal issues, state the relevant law, and apply that law to the facts. Your statement of the relevant law is your opportunity to demonstrate your knowledge and understanding of pertinent legal concepts to the grader. Unfortunately, and far too often, individuals fail to sufficiently explain and define legal terms of art. Instead, such individuals assume that merely raising the name of the concept is sufficient. For example, your essay answer will be far more effective if you define and explain what "res ipsa loquitur" actually means instead of merely identifying the name of the concept.

2) Omission of Elements of the Legal Standard

Another common mistake is the tendency for individuals to omit the elements of the legal standard that measure the legal concept at issue. For an individual issue, there will almost always be a test or legal standard that measures the legal concept. In most cases, these tests or legal standards will consist of a number of elements. You need to ensure that your statement of the law for an issue includes not only an explanation of the legal concept but also those elements/tests that measure the concept. For example, a hearsay issue requires more than just stating hearsay is inadmissible unless an exception applies. You also need to explain and identify the elements of the test that measure whether hearsay is present or not (e.g., a statement, made out of court, and offered for the truth of the matter asserted).

Avoid these common mistakes and score higher on your NY essays.

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Next Issue Preview

In our next issue, our Essays In-Depth feature will begin a 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.

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Study smart,

-The BarReviewSolutions.com Team