The Arizona Bar Exam
Pass It Now
Chad Noreuil
CLINICAL PROFESSOR OF LAW
SANDRA DAY O'CONNOR COLLEGE OF LAW
ARIZONA STATE UNIVERSITY
CAROLINA ACADEMIC PRESS
Durham, North Carolina
Copyright © 2010
Chad Noreuil
All Rights Reserved
Library of Congress Cataloging-in-Publication Data
Noreuil, Chad.
The Arizona bar exam : pass it now / Chad Noreuil.
p. cm.
ISBN 978-1-59460-822-3 (alk. paper)
1. Bar examinations—Arizona. I. Title.
KFA2476.N67 2010
340.076—dc22
2010002808
CAROLINA ACADEMIC PRESS
700 Kent Street
Durham, North Carolina 27701
Telephone (919) 489-7486
Fax (919) 493-5668
www.cap-press.com
Printed in the United States of America
FR ZEN
. . . the love of my life, my heart & soul,
my inspiration, my greatest teacher, my son.
Contents
Acknowledgments xi
1 • Taking the Arizona Bar Exam 3
The Exam Itself
4
Handwriting the Essays vs. Typing the Essays
2 • Preparing for the Journey
7
Above All Else — Keep a Positive Mental Outlook 7
Your Personal Relationships during the Bar Exam 8
Lifestyle during the Bar Exam
9
Bar Review Courses 10
Staying Focused and Staying Motivated
10
The Zen of Passing the Bar 11
It's a Marathon, Not a Sprint
3 • Learning the Law
13
Know Yourself
13
Mnemonics 14
The Energy Notebook 15
4 • The Arizona Essay Exam
19
Scoring
20
Breaking Down the Essay Portion of the Exam
21
The Difference between Bar Exam Essays and Law School Exam Essays 22
Guidelines for Writing Great Essays 25
Read the Call of the Question First 25
After Reading the Call of the Question . . . 30
Writing the Essay
31
Poor Essay Scores
32
1. A Law Problem
32
2. A Writing Problem 33
A. An Overall Organization Problem 33
B. An Organizational Analysis Problem
34
5 • What Type of Essay Writer Are You? 47
ANSWER #1: The Law-Based Answer
49
ANSWER #2: The Fact-Based Answer
50
ANSWER #3: The Integrated Answer
50
A Quick Recap — The Least You Need to Know about Writing Your Analyses 55
6 • Noreuil's Top Ten Tips & Strategies for Essay Writing
57
(1) Before the Exam, Know the "Big Ticket" Topics 57
(2) Pick a Side and Write Your Analysis Accordingly
58
(3) Be Definitive When Giving Conclusions 58
(4) Try to Sound Like a Lawyer
59
(5) Look for Verbal Clues in the Fact Pattern60
(6) Answer the Specific Question Asked
61
(7) -Answer Sub-Questions in the Order They Are Presented
61
(8) Short-Cuts 64
A. Repeating Rules 64
B. Use a Short-Cut for Rule Explanations 64
(9) -If You Are Struggling with a Particular Area of Law, Try a Hornbook 66
(10) After You Answer a Question, LET IT GO
66
What the Graders Say 67
7 • Studying for the Essay Portion of the Arizona Bar Exam
69
8 • Subject-Specific Tips for the Arizona Essays 71
Arizona Constitutional Law 71
Community Property 71
Criminal Law 72
Criminal Procedure 73
Evidence
73
Contracts
74
Civil Procedure
74
Corporations 74
Professional Responsibility 75
Property
75
Torts 75
Wills/Trusts 76
9 • The Multistate Bar Exam ("MBE") 77
The NCBE Says . . . 78
How to Study for the MBE 79
Starting the MBE Study Process
80
Timing 81
Reviewing Your Practice MBE Questions 83
Breaking Down the MBE
84
How MBE Questions Are Constructed
84
The Guidelines for Drafting MBE Questions 85
10 • Strategies for Doing Well on the MBE
87
Read the Call of the Question First 87
Critical Reading — The Fact Pattern 88
Eliminating Answer Choices 92
11 • Noreuil's Top Ten Tips for the MBE 95
(1) Don't Ever Assume Facts 95
(2) Assume That Every Fact Is Important
95
(3) Avoid Skipping around from Question to Question
96
(4) If Two Answers Are Opposite, One Is Probably True 96
(5) -A More Precise Answer Is Usually Better Than a Less Precise Answer98
(6) Be Very Leery of Absolutes
100
(7) Focus on Conjunctions 100
Because
101
If
101
Only If 101
Unless 102
(8) When All Else Fails — Choose the Longest Answer
102
(9) Ask the Universe 105
(10) After Each Question, Let It Go 105
What the NCBE Says 105
The Least You Need to Know — The Strategy for MBE Questions 106
12 • What You Need to Know Beyond the Law 107
Before the Exam — Know Your Location 107
Before the Exam — Know the Rules of Protocol
107
The Day of the Exam 108
Concluding Remarks 109
Appendices 111
Appendix A — A Note to Repeat Takers
111
Appendix B — Recent Topics Tested on the Arizona Essay Exam 113
Civil Procedure
113
Constitutional Law 113
Community Property 113
Contracts
114
Corporations 114
Criminal Law 115
Criminal Procedure 115
Evidence
115
Professional Responsibility 116
Property
116
Torts 116
Wills/Trusts 116
Appendix C — Types of Questions No Longer on the MBE 117
Appendix D — Recent Arizona Bar Exam Pass Rates
119
Index 121
Acknowledgments
Special thanks to Arizona Supreme Court Chief Justice Rebecca White Berch, Amy
Levine, Jenny Bishop, Mike Jones, Marie Ann Lambert, Maddi Vera, Harmony Simmons, Ben
Herbert, and Natasha Ter-Grigoryan for all of your efforts in helping make this book become a
reality. Thank you all!