SmartBarPrep Frequency Analysis
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SmartBarPrep Frequency Analysis
3
SmartBarPrep’s Essay Prep Outline
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of this study guide.
The SmartBarPrep Essay Prep Outline contains model answers to ALL 440 RULES
previously tested on the New York Bar Exam essays in the last 41 examinations…AND
reveals how often each rule has appeared in the past so you can target your studying to
focus on the highest frequency rules. That is an extraordinary 21 YEARS of exams and
217 ESSAY QUESTIONS analyzed for your advantage.
When creating the SmartBarPrep Essay Prep Outline, each rule was:
• Written so it’s simple to understand.
• UPDATED specifically for the February 2016 bar exam with the most current
law (including Administrative Law).
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past so you can prioritize and study the most frequently tested rules first). That
frequency is shown next to each rule.
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SmartBarPrep Frequency Analysis
Table of Contents
Description Page
Frequency Analysis – Subjects Appearing on Past NY Bar Exam Essays....................... 1
Frequency Analysis – Top 25 Rules Appearing on Past NY Bar Exam Essays............. 3
Frequency Analysis – Rules Appearing on Past NY Bar Exam Essays............................ 5
SmartBarPrep Essay Prep Outline Sample.................................................................................. 22
© 2014 SmartBarPrep.com
1
SmartBarPrep Frequency Analysis
FREQUENCY ANALYSIS
Subjects Appearing on Past
New York Bar Exam Essays
Number of Times Subject Appeared on Past Exams
Subject
Percentage (%)
Number of Times Subject
Subject Appeared on
Appeared on Past Exams
Past Exams
Administrative Law*
1 out of 2 exams
50%
Agency
10 out of 41 exams
24%
Conflicts of Law
11 out of 41 exams
27%
Constitutional Law
3 out of 41 exams
7%
Contracts
40 out of 41 exams
98%
Corporations
31 out of 41 exams
76%
Criminal Law
32 out of 41 exams
78%
Criminal Procedure
33 out of 41 exams
80%
Domestic Relations
36 out of 41 exams
88%
Evidence
13 out of 41 exams
32%
No Fault Insurance
7 out of 41 exams
17%
NY Practice
36 out of 41 exams
88%
Partnerships
9 out of 41 exams
22%
Professional Responsibility
19 out of 41 exams
46%
Real Property
30 out of 41 exams
73%
Secured Transactions
7 out of 41 exams
17%
Torts
36 out of 41 exams
88%
Trusts
13 out of 41 exams
32%
Wills
41 out of 41 exams
100%
Workers Compensation
3 out of 41 exams
7%
* Administrative Law was added to the New York bar exam effective February 2015.
© 2015 SmartBarPrep.com
2
SmartBarPrep Frequency Analysis
FREQUENCY ANALYSIS
Subjects Appearing on Past
New York Bar Exam Essays
Number of Times Subject Appeared out of
Total Number of Essay Questions
Subject
Percentage (%)
Number of Times Subject
Subject Appeared on
Appeared on Past Exams
Past Exams
Administrative Law*
1 out of 10 essays
10%
Agency
11 out of 217 essays
5%
Conflicts of Law
11 out of 217 essays
5%
Constitutional Law
3 out of 217 essays
1%
Contracts
47 out of 217 essays
22%
Corporations
32 out of 217 essays
15%
Criminal Law
33 out of 217 essays
15%
Criminal Procedure
33 out of 217 essays
16%
Domestic Relations
36 out of 217 essays
17%
Evidence
14 out of 217 essays
6%
No Fault Insurance
7 out of 217 essays
3%
NY Practice
69 out of 217 essays
32%
Partnerships
9 out of 217 essays
4%
Professional Responsibility
23 out of 217 essays
11%
Real Property
40 out of 217 essays
18%
Secured Transactions
7 out of 217 essays
3%
Torts
40 out of 217 essays
18%
Trusts
15 out of 217 essays
7%
Wills
44 out of 217 essays
20%
Workers Compensation
3 out of 217 essays
1%
* Administrative Law was added to the New York bar exam effective February 2015.
© 2015 SmartBarPrep.com
3
SmartBarPrep Frequency Analysis
FREQUENCY ANALYSIS
Top 25 Rules Appearing on Past
New York Bar Exam Essays
Number of Times Rule Appeared on Past Exams
Total Bar Examinations Analyzed
41
Total # of Essays
217
# of Times Rule
% out of Total
Appeared on Past
Exams
Exams
Rank
Subject
Rule
1
Contracts
UCC Article 2 Governs
Contracts for the Sale of Goods
22
53.7%
2
NY Practice
Summary Judgment Standard
20
48.8%
3
Torts
Prima Facie Case of Negligence
20
48.8%
4
NY Practice
Motion to Dismiss Standard
14
34.1%
5
Criminal
Procedure
Warrant Requirement for All Searches,
Unless an Exception Applies
13
31.7%
6
Domestic
Relations
Marital vs. Separate Property
13
31.7%
7
Wills and
Estates
Anti-Lapse Statute
12
29.3%
8
Wills and
Estates
Residuary Clause
11
26.8%
9
Wills and
Estates
Elective Share and
Testamentary Substitute Rules
11
26.8%
10
Wills and
Estates
Will Execution Requirements
10
24.4%
© 2015 SmartBarPrep.com
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SmartBarPrep Frequency Analysis
11
Criminal
Procedure
Exclusionary Rule & the Fruit of the
Poisonous Tree Doctrine
9
22.0%
12
Domestic
Relations
Modification of Child Support
9
22.0%
13
NY Practice
Preliminary Injunction
9
22.0%
14
Torts
Pure Comparative Negligence
9
22.0%
15
Conflicts of
Law
Conflict of Law Rules in Torts Cases
8
19.5%
16
Contracts
Statute of Frauds: Contracts for Sales of
Goods for $500 or More
8
19.5%
17
Criminal
Procedure
Burden of Proof for Ordinary vs. Affirmative
Defenses
8
19.5%
18
Criminal
Procedure
Arrests: Probable Cause Requirement and
when a Warrant is Required
8
19.5%
19
Prof. Resp.
Conflicts of Interest
8
19.5%
20
Wills and
Estates
Ademption
8
19.5%
21
Agency
Authority: Express, Implied, and Apparent
Authority
7
17.1%
22
Contracts
Requirements to Form a Valid Contract
7
17.1%
23
Contracts
UCC Perfect Tender Rule and Exceptions
7
17.1%
24
Corporations
Duty of Loyalty – Interested Director
Transactions
7
17.1%
25
Corporations
Derivative Suits
7
17.1%
© 2015 SmartBarPrep.com
5
SmartBarPrep Frequency Analysis
FREQUENCY ANALYSIS
Rules Appearing on Past
New York Bar Exam Essays
Number of times Rules Appeared on Past Exams
Total Bar Examinations Analyzed
41
Total # of Essays
217
Total # of Rules Previously Tested
440
# of Times Rule
% out of Total
Appeared on Past
Exams
Exams
Subject
Rule
Administrative
Law
Judicial Review
1
50.0%
Administrative
Law
Administrative Proceedings – Due Process
Requirements
1
50.0%
Administrative
Law
Administrative Proceedings – Rules of Evidence
1
50.0%
Agency
Creation of Agency Relationship
1
2.4%
Agency
Authority: Express, Implied, and Apparent
Authority
7
17.1%
Agency
Termination of Actual Authority by Operation of
Law
1
2.4%
Agency
Agency Coupled with an Interest
1
2.4%
Agency
Employee vs. Independent Contractor
2
4.9%
Agency
Liability for Acts of Independent Contractors
1
2.4%
Agency
Liability of Agent to Third Parties for Contracts
Entered into for a Principal
3
7.3%
Agency
Liability of Principal to Third Parties for
Contracts Entered into by Agent
6
14.6%
Conflicts of Law
Conflict of Law Rules in Torts Cases
8
19.5%
3
7.3%
Conflicts of Law Conflict of Law Rules for Auto Insurance Policies
© 2015 SmartBarPrep.com
6
SmartBarPrep Frequency Analysis
Conflicts of Law
Choice of Law Provision in a Contract (Express
Choice of Law)
1
2.4%
Conflicts of Law
Erie Doctrine
1
2.4%
Constitutional Law
Incitement of Imminent Lawless Action
1
2.4%
Constitutional Law
Constitutional vs. Unconstitutional Taking under
the Takings Clause
1
2.4%
Constitutional Law
Economic Viability Rule
1
2.4%
Contracts
Requirements to Form a Valid Contract
7
17.1%
Contracts
UCC Article 2 Governs Contracts for the Sale of
Goods
22
53.7%
Contracts
Mutual Mistake vs. Unilateral Mistake
3
7.3%
Contracts
Quasi Contract
3
7.3%
Contracts
Mirror Image Rule and UCC Exception
1
2.4%
Contracts
Release/Waiver of Right to Bring Legal Claims
3
7.3%
Contracts
Valid Contracts are Binding Upon a Person’s
Estate
1
2.4%
Contracts
Employment-at-will
2
4.9%
Contracts
Disclaimer of Liability for Negligent Acts
1
2.4%
Contracts
Unilateral Contracts
1
2.4%
Contracts
Mailbox Rule
1
2.4%
Contracts
Pre-Existing Duty Rule
4
9.8%
Contracts
Illusory Promise
2
4.9%
Contracts
Statute of Frauds: Contracts to Pay a Broker's
Commission and Licensed Real Estate Broker
Exception
2
4.9%
Contracts
Statute of Frauds: Contracts for Sales of Goods
for $500 or More
8
19.5%
Contracts
Statute of Frauds: Contracts that Cannot be
Performed within 1 Year
4
9.8%
Contracts
Statute of Frauds: Contracts for Use/Sale of Real
Property
3
7.3%
Contracts
Statute of Frauds: Surety
1
2.4%
Contracts
Statute of Frauds: Multiple Writings
1
2.4%
Contracts
Statute of Frauds: Contents of the Writing
1
2.4%
Contracts
Non-Compete Agreements
5
12.2%
Contracts
Unconscionability
2
4.9%
Contracts
Termination Clause
1
2.4%
Contracts
Indefiniteness
1
2.4%
Contracts
Impossibility/Impracticability
1
2.4%
© 2015 SmartBarPrep.com
7
SmartBarPrep Frequency Analysis
Contracts
Illegality
2
4.9%
Contracts
Parol Evidence Rule
4
9.8%
Contracts
Patent and Latent Ambiguities
1
2.4%
Contracts
Battle of the Forms
4
9.8%
Contracts
UCC Gap fillers – Open Price Term
3
7.3%
Contracts
UCC – Implied Good Faith and Fair Dealing
1
2.4%
Contracts
UCC – Duty to Pay Seller when Buyer Accepts
Goods
1
2.4%
Contracts
Negotiable Bill of Lading
1
2.4%
Contracts
Risk of Loss
6
14.6%
Contracts
UCC Perfect Tender Rule and Exceptions
7
17.1%
Contracts
UCC Revocation of Acceptance
3
7.3%
Contracts
Express Condition Precedent
1
2.4%
Contracts
Minor Breach (Substantial Performance and
Waste Doctrines) vs. Material Breach for NonUCC Contracts
4
9.8%
Contracts
Anticipatory Repudiation & Asking for
Assurances
2
4.9%
Contracts
Rescission of a Contract
1
2.4%
Contracts
Accord and Satisfaction
1
2.4%
Contracts
Implied Warranty of Merchantability
5
12.2%
Contracts
Express Warranty
2
4.9%
Contracts
Warranty of Fitness for a Particular Purpose
2
4.9%
Contracts
Warranty of Title
1
2.4%
Contracts
Disclaimer of Warranty of Merchantability
3
7.3%
Contracts
Disclaimer of Warranty of Title
1
2.4%
Contracts
Intended Third-Party Beneficiary vs. Incidental
Beneficiary
2
4.9%
Contracts
Specific Performance – Contracts for Services
1
2.4%
Contracts
Consequential Damages
3
7.3%
Contracts
Incidental Damages
2
4.9%
Contracts
UCC Buyer’s Remedy of Damages
1
2.4%
Contracts
UCC Seller's Remedy of Damages
1
2.4%
Contracts
UCC Damages for Breach of Warranty
1
2.4%
Contracts
Common Law Expectation Damages
4
9.8%
Contracts
Buyer’s Right to Replevy Identified Goods
1
2.4%
Corporations
Conflict Between Certificate of Incorporation
and Bylaws
1
2.4%
© 2015 SmartBarPrep.com
8
SmartBarPrep Frequency Analysis
Corporations
De-Facto Corporation
1
2.4%
Corporations
Liability of Corporation for Pre-Incorporation
Contracts
3
7.3%
Corporations
Liability of Promoter for Pre-Incorporation
Contracts
3
7.3%
Corporations
Piercing the Corporate Veil
5
12.2%
Corporations
Top 10 Largest Shareholders are Personally
Responsible for Employees Wages in Close
Corporations
2
4.9%
Corporations
Notice Required for a Special Meeting of the
Shareholders
1
2.4%
Corporations
Shareholders Right to Inspect Books and
Records
1
2.4%
Corporations
Enforceability of Voting Agreements Between
Shareholders
1
2.4%
Corporations
Quorum Requirements for a Board of Directors
Meeting
2
4.9%
Corporations
Requirements for Valid Supermajority Voting
Agreements
2
4.9%
Corporations
Removal of Directors
1
2.4%
Corporations
Board of Directors Manage the Corporation
1
2.4%
Corporations
Enforceability of Voting Agreements Between
Directors
1
2.4%
Corporations
Shareholder’s Right to Vote at Annual Meeting
1
2.4%
Corporations
Proxy Voting and Revocation of a Proxy
1
2.4%
Corporations
Voting of Treasury Stock at a Shareholder’s
Meeting
1
2.4%
Corporations
Authority of Officers
1
2.4%
Corporations
Termination of Officers
1
2.4%
Corporations
Improper Loans of Corporate Funds
3
7.3%
Corporations
Duty of Care
6
14.6%
Corporations
Duty of Loyalty – Interested Director
Transactions
7
17.1%
Corporations
Duty of Loyalty – Corporate Opportunity Doctrine
3
7.3%
Corporations
Duty of Loyalty – Competition with the
Corporation
2
4.9%
Corporations
Duty of Loyalty – Trading on Inside Information
1
2.4%
Corporations
Derivative Suits
7
17.1%
Corporations
Indemnification of Directors
1
2.4%
Corporations
Consideration in Exchange for Shares
2
4.9%
© 2015 SmartBarPrep.com
9
SmartBarPrep Frequency Analysis
Corporations
Preemptive Rights
4
9.8%
Corporations
Buyout Provisions are Strictly Construed
1
2.4%
Corporations
Corporation Buying Back Shares for a Premium
1
2.4%
Corporations
Par Value – Corporation Sells Treasury Shares
Below Par Value
1
2.4%
Corporations
Dividends - Shareholder’s Right to Receive
Dividends
1
2.4%
Corporations
Fiduciary Duty Owed by Shareholders in CloseCorporations
1
2.4%
Corporations
Judicial Dissolution – 20% or More Minority
Shareholder Rights
7
17.1%
Corporations
Tort Liability Regarding the Sale or Disposition of
Assets
1
2.4%
Corporations
Shareholder Vote Required for a Merger or
Consolidation
1
2.4%
Corporations
Appraisal Rights of Shareholders – Mergers and
Consolidations
1
2.4%
Corporations
P.C.’s – Personal Liability of Shareholders,
Directors, and Officers
2
4.9%
Corporations
Formation of Limited Liability Company (LLC)
1
2.4%
Corporations
Derivative Action on Behalf of the LLC
1
2.4%
Criminal Law
Elements of a Crime (Mens Rea, Actus Reus,
Causation, and Concurrence)
4
9.8%
Criminal Law
Mental States – Intentionally, Purposefully, or
Knowingly
3
7.3%
Criminal Law
Mental States – Recklessness & Criminal
Negligence
1
2.4%
Criminal Law
Transferred Intent
1
2.4%
Criminal Law
Assault
3
7.3%
Criminal Law
Murder in the 2nd Degree
3
7.3%
Criminal Law
Felony Murder
5
12.2%
Criminal Law
Manslaughter in the 1st Degree
1
2.4%
Criminal Law
Criminally Negligent Homicide
2
4.9%
Criminal Law
Kidnapping
1
2.4%
Criminal Law
Unlawful Imprisonment
1
2.4%
Criminal Law
Burglary
4
9.8%
Criminal Law
Arson
3
7.3%
Criminal Law
Larceny
4
9.8%
Criminal Law
Robbery
3
7.3%
Criminal Law
Issuing a Bad Check
2
4.9%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
10
Criminal Law
Forgery
1
2.4%
Criminal Law
Extortion
1
2.4%
Criminal Law
Criminal Possession of Stolen Property
3
7.3%
Criminal Law
Criminal Possession of a Weapon
1
2.4%
Criminal Law
Criminal Possession of a Controlled Substance
1
2.4%
Criminal Law
Driving While Intoxicated
1
2.4%
Criminal Law
Criminal Trespass in the Second Degree
1
2.4%
Criminal Law
Criminal Facilitation (Accomplice Liability)
6
14.6%
Criminal Law
Attempt
6
14.6%
Criminal Law
Conspiracy
4
9.8%
Criminal Law
Criminal Solicitation
2
4.9%
Criminal Law
Justification: Self-Defense
5
12.2%
Criminal Law
Justification: Defense of Self and Others
1
2.4%
Criminal Law
Justification: Resisting Arrest
2
4.9%
Criminal Law
Insanity
1
2.4%
Criminal Law
Entrapment
1
2.4%
Criminal Law
Extreme Emotional Disturbance (EED)
1
2.4%
Criminal Law
Mistake of Fact
2
4.9%
Criminal Law
Voluntary Intoxication
2
4.9%
Criminal
Procedure
Burden of Proof for Ordinary vs. Affirmative
Defenses
8
19.5%
Criminal
Procedure
Legally Sufficient Evidence Standard
2
4.9%
Criminal
Procedure
Arrests: Probable Cause Requirement and when
a Warrant is Required
8
19.5%
Criminal
Procedure
Automobile Stops
3
7.3%
Criminal
Procedure
Standing to Challenge a Search – Reasonable
Expectation of Privacy
2
4.9%
Criminal
Procedure
Fourth Amendment Warrant Requirements:
Probable Cause and Particularity
3
7.3%
Criminal
Procedure
Fourth Amendment Warrant Requirements:
Information Provided by Informant
1
2.4%
Criminal
Procedure
Warrant Requirement for All Searches, Unless an
Exception Applies
13
31.7%
Criminal
Procedure
Exigent Circumstances
2
4.9%
Criminal
Procedure
Search Incident to Arrest
4
9.8%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
11
Criminal
Procedure
Consent
3
7.3%
Criminal
Procedure
Automobile Exception
3
7.3%
Criminal
Procedure
Plain View
5
12.2%
Criminal
Procedure
Request for Information, Stop and Inquire, &
Stop and Frisk
4
9.8%
Criminal
Procedure
Inventory Search
1
2.4%
Criminal
Procedure
Wiretapping and Video Surveillance
2
4.9%
Criminal
Procedure
Excluding a Confession under Federal and State
Law
7
17.1%
Criminal
Procedure
Right to Counsel During Trial
2
4.9%
Criminal
Procedure
Ineffective Assistance of Counsel
2
4.9%
Criminal
Procedure
The Right to Remain Silent
2
4.9%
Criminal
Procedure
Prosecution Cannot Comment on Defendant’s
Silence after Miranda Rights have Attached
3
7.3%
Criminal
Procedure
Parent-Child Miranda Waiver Rule
1
2.4%
Criminal
Procedure
Pre-Charge Line-up: Unnecessarily Suggestive
Line-ups
1
2.4%
Criminal
Procedure
Pre-Charge Line-up: Right to Counsel
3
7.3%
Criminal
Procedure
Right to Refuse a Line-up
1
2.4%
Criminal
Procedure
Exclusionary Rule & the Fruit of the Poisonous
Tree Doctrine
9
22.0%
Criminal
Procedure
Peremptory Challenges Based on Race
1
2.4%
Criminal
Procedure
Inappropriate Actions by Jurors: Visiting the
Scene of a Crime
1
2.4%
Criminal
Procedure
Standard for an Indictment
2
4.9%
Criminal
Procedure
Prosecutor’s Duty to Introduce Possible
Defenses in Grand Jury Proceedings
1
2.4%
Criminal
Procedure
Prosecutor’s Duty to Disclose Exculpatory
Information
4
9.8%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
12
Criminal
Procedure
Double Jeopardy
1
2.4%
Domestic
Relations
Express and Implied Agreements between
Unmarried People Living Together
1
2.4%
Domestic
Relations
Prenuptial and Postnuptial Agreements
3
7.3%
Domestic
Relations
Common Law Marriage
1
2.4%
Domestic
Relations
Annulment: Wrongfully Obtained Consent by
Fraud
1
2.4%
Domestic
Relations
Divorce: Conversion Divorce
6
14.6%
Domestic
Relations
Divorce: Irretrievable Breakdown
3
7.3%
Domestic
Relations
Divorce: Abandonment
3
7.3%
Domestic
Relations
Divorce: Adultery
5
12.2%
Domestic
Relations
Divorce: Cruel and Inhuman Treatment
2
4.9%
Domestic
Relations
Divorce: Spouse Testifying as to the other
Spouse’s Adultery
2
4.9%
Domestic
Relations
Separation: Abandonment
1
2.4%
Domestic
Relations
Jurisdiction over the Defendant-Spouse
7
17.1%
Domestic
Relations
Durational Residency Requirements
5
12.2%
Domestic
Relations
Service of Process Required in Matrimonial
Action
2
4.9%
Domestic
Relations
Spousal Maintenance Factors
2
4.9%
Domestic
Relations
Modification of Spousal Maintenance
1
2.4%
Domestic
Relations
Termination of Spousal Maintenance
1
2.4%
Domestic
Relations
Child Support Determination Statutory Rule
4
9.8%
Domestic
Relations
Modification of Child Support
9
22.0%
Domestic
Relations
Child Support Not Affected by Denial of Visitation
2
4.9%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
13
Domestic
Relations
Custodial Parent is Entitled to Child Support
Payments while Child Lives with Non-Custodial
Parent
1
2.4%
Domestic
Relations
Duty of Parents to Support their Children
4
9.8%
Domestic
Relations
Interference with Visitation Rights
1
2.4%
Domestic
Relations
Marital vs. Separate Property
13
31.7%
Domestic
Relations
Equitable Distribution of a Professional License
or Degree
4
9.8%
Domestic
Relations
Modification of Agreement Relating to
Distribution of Property
2
4.9%
Domestic
Relations
Discovery in a Domestic Relations Matter
1
2.4%
Domestic
Relations
Automatic Orders and Contempt
1
2.4%
Domestic
Relations
Best Interests of Child Standard
1
2.4%
Domestic
Relations
Modification of Child Custody
4
9.8%
Domestic
Relations
Separation Agreement that Merges with Divorce
Decree vs. Survives Divorce Decree
1
2.4%
Domestic
Relations
Doctrine of Equitable Estoppel in Paternity
3
7.3%
Domestic
Relations
Revoking Consent to Adoption
1
2.4%
Domestic
Relations
Adoption: When Consent of Father is Required
and When it is Unnecessary
2
4.9%
Domestic
Relations
Termination of Parental Rights due to Neglect
1
2.4%
Domestic
Relations
Recognition and Enforcement of an Ex Parte
Divorce
3
7.3%
Evidence
Relevance Standard
5
12.2%
Evidence
Subsequent Remedial Measures
1
2.4%
Evidence
Character Evidence: Victim in a Criminal Case
1
2.4%
Evidence
Specific Bad Acts
4
9.8%
Evidence
Impeachment of Criminal Defendant by using
Prior Convictions
2
4.9%
Evidence
Definition of Hearsay and Non-Hearsay
Statements
7
17.1%
Evidence
Hearsay Exception: Excited Utterance
2
4.9%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
14
Evidence
Hearsay Exception: Present Sense Impression
1
2.4%
Evidence
Hearsay Exception: Admission by a Party
Opponent
3
7.3%
Evidence
Hearsay Exception: Dying Declaration
2
4.9%
Evidence
Hearsay Exception: Former Testimony
1
2.4%
Evidence
Sixth Amendment Right to Confront Witnesses
1
2.4%
No Fault
Insurance
No-Fault Insurance: When a Tort Suit is Allowed
6
14.6%
No Fault
Insurance
No Fault Insurance: Covered Persons and First
Party Benefits
3
7.3%
NY Practice
Service of Process: Personal Delivery, Leave and
Mail, Nail and Mail
1
2.4%
NY Practice
Forum Non Conveniens
1
2.4%
NY Practice
Long Arm Jurisdiction
3
7.3%
NY Practice
Statute of Limitations: Negligence
2
4.9%
NY Practice
Statute of Limitations: Medical Malpractice
2
4.9%
NY Practice
Statute of Limitations: Breach of Warranty Claim
2
4.9%
NY Practice
Statute of Limitations: Intentional Torts
2
4.9%
NY Practice
Statute of Limitations: Claim Against a
Municipality/Government Body
3
7.3%
NY Practice
Statute of Limitations: Contribution and
Indemnification
1
2.4%
NY Practice
Statute of Limitations: Strict Products Liability
3
7.3%
NY Practice
Statute of Limitations: Toll for Minors
1
2.4%
NY Practice
Statute of Limitations: Relation Back for
Counterclaims
1
2.4%
NY Practice
Statute of Limitations: Termination of Action
1
2.4%
NY Practice
Statute of Limitations: Discovery Rule for
Exposure to Toxic Substances
1
2.4%
NY Practice
Time Limits for Serving an Answer
1
2.4%
NY Practice
Amending a Pleading to Add a Third-Party
1
2.4%
NY Practice
Preserving the Defense of Lack of Personal
Jurisdiction
2
4.9%
NY Practice
Failure to Plead Affirmative Defenses in the
Answer
1
2.4%
NY Practice
Motion to Dismiss Standard
14
34.1%
NY Practice
Summary Judgment Standard
20
48.8%
NY Practice
Partial Summary Judgment
3
7.3%
NY Practice
Motion for Judgment as a Matter of Law
2
4.9%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
15
NY Practice
Conversion of Motion to Dismiss to Summary
Judgment
1
2.4%
NY Practice
Motion to Suppress Evidence
1
2.4%
NY Practice
Appeal as of Right or by Permission to the Court
of Appeals
1
2.4%
NY Practice
Joint and Several Liability
5
12.2%
NY Practice
Contribution
4
9.8%
NY Practice
Indemnification
1
2.4%
NY Practice
Limitation on Claims for Contribution in Worker’s
Compensation Cases
3
7.3%
NY Practice
Effect of Settlement for Contribution &
Indemnification Claims
2
4.9%
NY Practice
Issue Preclusion (Collateral Estoppel)
3
7.3%
NY Practice
Claim Preclusion (Res Judicata)
2
4.9%
NY Practice
Preliminary Injunction
9
22.0%
NY Practice
Permanent Injunction
3
7.3%
NY Practice
Order of Attachment
1
2.4%
NY Practice
Lis Pendens (Notice of Pendency)
2
4.9%
NY Practice
Depositions Prior to Plaintiff’s Commencing an
Action
1
2.4%
NY Practice
Court’s Power to Compel Witnesses to Testify
1
2.4%
NY Practice
Discovery of Statements Made by Parties in an
Action
1
2.4%
NY Practice
Mandamus to Compel
1
2.4%
NY Practice
Judicial Review of Threshold Issues and
Arbitration Awards
3
7.3%
NY Practice
Arbitration Clause
2
4.9%
Partnerships
Definition and Requirements to Form a
Partnership
2
4.9%
Partnerships
Authority to Bind Partnership
1
2.4%
Partnerships
Liability of Partnership
1
2.4%
Partnerships
Personal Liability of Partners
3
7.3%
Partnerships
Partnership Property vs. Personal Property
1
2.4%
Partnerships
Assignment of Partnership Interests
4
9.8%
Partnerships
Action for an Accounting
1
2.4%
Partnerships
Dissolution: Methods
2
4.9%
Partnerships
Dissolution: Distribution of Partnership Assets
1
2.4%
Partnerships
Personal Liability of Partners in a Limited
Partnership
1
2.4%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
16
Partnerships
Liability of LLP & Personal Liability of Partners
in a LLP
1
2.4%
Professional
Responsibility
Contingency Fees
5
12.2%
Professional
Responsibility
Attorney Taking a Mortgage on Marital Home to
Secure Legal Fees
2
4.9%
Professional
Responsibility
Retainer Agreements: Special Rules for
Domestic Relations Cases
1
2.4%
Professional
Responsibility
Non-Refundable Retainers
2
4.9%
Professional
Responsibility
Payment of a Referral Fee
2
4.9%
Professional
Responsibility
Excessive Fees
2
4.9%
Professional
Responsibility
Letter of Engagement
1
2.4%
Professional
Responsibility
Conflicts of Interest
8
19.5%
Professional
Responsibility
Conflicts of Interest: Gift From Client
1
2.4%
Professional
Responsibility
Lawyer Represents the Corporation
2
4.9%
Professional
Responsibility
Business Transactions with Clients
1
2.4%
Professional
Responsibility
Duty to Inform Client of Plea Deal or Settlement
Offers
1
2.4%
Professional
Responsibility
Communication with a Represented Person
3
7.3%
Professional
Responsibility
Conduct Before a Tribunal
1
2.4%
Real Property
Tenancy by the Entirety: Creation, Right of
Survivorship, and Dissolution
7
17.1%
Real Property
Tenancy by the Entirety: Lien Theory
4
9.8%
Real Property
Tenancy by the Entirety: Conveyance of Real
Property to Unmarried Persons
1
2.4%
Real Property
Joint Tenancy: Creation, Right of Survivorship,
and Partition
5
12.2%
Real Property
Tenancy in Common
4
9.8%
Real Property
Entitlement to Rent or Reimbursement for
Repairs/Improvements from Co-Tenants
1
2.4%
Real Property
Easement by Necessity
3
7.3%
Real Property
Easement by Prescription
4
9.8%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
17
Real Property
Easement by Grant
2
4.9%
Real Property
Implied Easement
1
2.4%
Real Property
Abandonment of an Easement
2
4.9%
Real Property
Termination of an Easement – Merger Rule
1
2.4%
Real Property
Enforcement of an Easement
1
2.4%
Real Property
Common Scheme or Plan Doctrine
2
4.9%
Real Property
Parties who can Enforce a Restrictive Covenant
where a Common Scheme or Plan Exists
2
4.9%
Real Property
Requirements for Covenants and Equitable
Servitudes to Run with the Land
2
4.9%
Real Property
Adverse Possession Requirements
7
17.1%
Real Property
Race-Notice Statute
2
4.9%
Real Property
Requirements for a Valid Land Sale Contract
1
2.4%
Real Property
Warranty of Marketable Title
2
4.9%
Real Property
Doctrine of Equitable Conversion & Risk of Loss
2
4.9%
Real Property
Time of Performance
2
4.9%
Real Property
Action for Specific Performance Regarding Real
Property
1
2.4%
Real Property
Estoppel by Deed
1
2.4%
Real Property
Requirements for a Valid Mortgage
1
2.4%
Real Property
Acceleration Clauses
1
2.4%
Real Property
Assumption of a Mortgage vs. Taking Land
Subject to a Mortgage
1
2.4%
Real Property
Service of Notice of Default
1
2.4%
Real Property
Foreclosure on Real Property of a Deceased
Person
2
4.9%
Real Property
Mortgagor’s Obligation to Pay Mortgagee in
Possession of Note
1
2.4%
Real Property
Rights and Liabilities Concerning a Hold-Over
Tenant
3
7.3%
Real Property
Landlord’s Tort Liability (Duty to Repair Leased
Premises)
4
9.8%
Real Property
Tenant’s Duty to Repair Premises
2
4.9%
Real Property
Landlord’s Remedies when a Tenant Abandons a
Lease
1
2.4%
Real Property
Warranty of Habitability
1
2.4%
Real Property
Nonconforming Use
1
2.4%
Real Property
Reasons a Municipality May Enact Zoning
Ordinances
1
2.4%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
18
Secured
Transactions
Attachment and Perfection
3
7.3%
Secured
Transactions
Priority of Perfected Creditors – First in Time,
First in Right
1
2.4%
Secured
Transactions
Unperfected Creditor
2
4.9%
Secured
Transactions
Perfected Creditor vs. Donee
1
2.4%
Secured
Transactions
Self-Help Remedies for Secured Creditors
2
4.9%
Torts
Battery
2
4.9%
Torts
Trespass to Land
2
4.9%
Torts
Trespass to Chattels & Conversion
1
2.4%
Torts
Assault
1
2.4%
Torts
Transferred Intent for Intentional Torts
1
2.4%
Torts
Prima Facie Case of Negligence
20
48.8%
Torts
Standard of Care: Reasonable Person Standard
2
4.9%
Torts
Standard of Care: Land Owner’s/Possessor’s
Duty to Entrants
7
17.1%
Torts
Standard of Care: Professionals
2
4.9%
Torts
Standard of Care: Children
1
2.4%
Torts
Duty to Act Affirmatively
1
2.4%
Torts
Negligent Infliction of Emotional Distress
4
9.8%
Torts
Negligence Per Se
3
7.3%
Torts
Automobile Rear-End Collision
1
2.4%
Torts
Res Ipsa Loquitor
4
9.8%
Torts
Proximate Cause (Foreseeability) and
Superseding Intervening Acts
5
12.2%
Torts
Proximate Cause: Later Occurring Medical
Malpractice
2
4.9%
Torts
Respondeat Superior
2
4.9%
Torts
Automobile Owner Liability – NY’s Permissive
Use Statute
3
7.3%
Torts
Pure Comparative Negligence
9
22.0%
Torts
Failure to use a Seatbelt
3
7.3%
Torts
Intra-Family Immunity
5
12.2%
Torts
Municipal/Government Tort Immunity
3
7.3%
Torts
Land Owner Immunity under Recreational Use
Statute
1
2.4%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
19
Torts
Damages Recoverable in a Negligence Action
1
2.4%
Torts
Defamation
3
7.3%
Torts
Tortious Interference with Contract
3
7.3%
Torts
Negligent Misrepresentation
1
2.4%
Torts
Intentional Misrepresentation (Fraud/Deceit)
1
2.4%
Torts
Strict Liability for Animals: Domestic Animals vs.
Wild Animals
1
2.4%
Torts
Manufacturing Defect, Design Defect, and Failure
to Warn
5
12.2%
Torts
Damages Available in a Strict Products Liability
Action
1
2.4%
Torts
Definition of Commercial Supplier (Merchant) for
Strict Products Liability
2
4.9%
Torts
Liability under the Dram Shop Act
2
4.9%
Torts
Prima Facie Tort
1
2.4%
Torts
Wrongful Death Claims
1
2.4%
Torts
NY’s Collateral Source Rule
1
2.4%
Torts
Punitive Damages
1
2.4%
Trusts
Trust Creation Requirements
1
2.4%
Trusts
Formation of Revocable Trust
1
2.4%
Trusts
Default Rules for Amending or Terminating a
Trust
3
7.3%
Trusts
Amendment to a Trust after Execution of a Will
with a Pour-over Provision
3
7.3%
Trusts
Creditors Ability to Reach Assets of a Trust
1
2.4%
Trusts
Purchase Money Resulting Trusts (PMRT)
4
9.8%
Trusts
Constructive Trust: Murder of a Spouse
1
2.4%
Trusts
Statutory Spendthrift Protection
2
4.9%
Trusts
Cy Pres Doctrine
1
2.4%
Trusts
Validity of Clause to Limit Trustee’s Liability
2
4.9%
Trusts
Trustee’s Duty to use Reasonable Care in
Managing Trust Assets
2
4.9%
Trusts
Prohibited Transactions for a Trustee – No SelfDealing
2
4.9%
Wills and Estates
Intestacy Distribution Rules
7
17.1%
Wills and Estates
Will Execution Requirements
10
24.4%
Wills and Estates
Modification of a Will
4
9.8%
Wills and Estates
Interested Witness
7
17.1%
Wills and Estates
Executor as a Beneficiary or Witness
2
4.9%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
20
Wills and Estates
Revival of Revoked Wills
4
9.8%
Wills and Estates
Inheritance Rights of Adopted Children
3
7.3%
Wills and Estates
Incorporation by Reference Rule and Pour-over
Trust Exception
6
14.6%
Wills and Estates
Residuary Clause
11
26.8%
Wills and Estates
Non-Probate Assets
7
17.1%
Wills and Estates
Totten Trust
5
12.2%
Wills and Estates
Joint Bank Accounts – Convenience Accounts
2
4.9%
Wills and Estates
By Representation (Per Capita at Each
Generation) Distribution
3
7.3%
Wills and Estates
Per Stirpes Distribution
2
4.9%
Wills and Estates
Inheritance Rights of Children
5
12.2%
Wills and Estates
Inheritance Rights of Non-Marital Children
2
4.9%
Wills and Estates
Specific Disinheritance
1
2.4%
Wills and Estates
Inter Vivos Gift
1
2.4%
Wills and Estates
Pretermitted Child Statute
7
17.1%
Wills and Estates
Divorce Revokes Testamentary Provisions to
Former Spouse
5
12.2%
Wills and Estates
Revocation by Physical Act
6
14.6%
Wills and Estates
Partial Revocation by Physical Act
3
7.3%
Wills and Estates
Inconsistency of a Subsequent Will or Codicil
1
2.4%
Wills and Estates
Anti-Lapse Statute
12
29.3%
Wills and Estates
Anti-Lapse Rule for Adopted-out Child
Specifically Named in Will
1
2.4%
Wills and Estates
Ademption
8
19.5%
Wills and Estates
Abatement
3
7.3%
Wills and Estates
Class Gifts
2
4.9%
Wills and Estates
Disclaimers
4
9.8%
Wills and Estates
Simultaneous Death Statute
3
7.3%
Wills and Estates Extrinsic Evidence Permitted to Cure Ambiguity
2
4.9%
Wills and Estates
Advancement
2
4.9%
Wills and Estates
Conditional Gifts
1
2.4%
Wills and Estates
Testamentary Capacity
4
9.8%
Wills and Estates
Lay Witness’ Ability to Testify as to Testator’s
Mental Capacity
3
7.3%
Wills and Estates
Undue Influence
3
7.3%
Wills and Estates
Putnam Scrutiny for Attorney Draftsperson
3
7.3%
© 2015 SmartBarPrep.com
SmartBarPrep Frequency Analysis
21
Wills and Estates
Fraud
1
2.4%
Wills and Estates
No-Contest Clauses
5
12.2%
Wills and Estates
Attorney General is a Representative of
Beneficiaries of Charitable Gifts
1
2.4%
Wills and Estates
Agreement to Execute and Revocation of Mutual
Wills
2
4.9%
Wills and Estates
Elective Share and Testamentary Substitute
Rules
11
26.8%
Wills and Estates
Remedies Against an Executor
1
2.4%
Wills and Estates
Liability of an Administrator for Running a
Business Without Court Permission
1
2.4%
Wills and Estates Order of Priority for Appointing an Administrator
2
4.9%
Wills and Estates
Power of Attorney
2
4.9%
Wills and Estates
Attorney Draftsperson as Executor
2
4.9%
Wills and Estates
Common Law Rule Against Perpetuities and NY
Statutory Modifications
2
4.9%
Workers
Compensation
Workers Compensation is the Exclusive Remedy
if Employee is Injured
3
7.3%
© 2015 SmartBarPrep.com
II.
Agency
A. Creation
 Creation of Agency Relationship
 A principal will be liable for its agent’s torts if: (1) a principal-agent
relationship exists AND (2) the tort was committed within the scope of
LOW: 1 of 41 exams
that relationship. A principal-agent relationship exists if there is assent
(an informal agreement between the principal and the agent), benefit
(the agent’s conduct benefits the principal), and control (the principal
has the right to control the agent by being able to supervise the agent’s
performance).
B. Authority of Agent
 Authority: Express, Implied, and Apparent Authority
 A principal is liable for contracts entered into by its agent if the agent
was authorized to contract on behalf of the principal. Authority may
HIGH: 7 of 41 exams
be actual (express or implied) or apparent. Express authority means
that the principal has explicitly told the agent that he is entitled to act.
Implied authority occurs when: (1) the agent believes he is entitled to
act because the action is necessary to carry out his expressly authorized
duties; (2) the agent has acted similarly in prior dealings between the
principal and agent; or (3) it is customary for agents in that position to
act in that way. Apparent authority occurs when the principal cloaks
the agent with the appearance of authority AND a third-party reasonably
relies on the agent's appearance of authority when dealing with the agent.
C. Term and Termination of Agency
 Termination of Actual Authority by Operation of Law
 An agency relationship will terminate by operation of law upon the
mental incapacity of the principal (unless a durable power of attorney is
LOW: 1 of 41 exams
present) OR upon death of the principal. When any of these events
occur, the agent no longer has authority to act.
 Agency Coupled with an Interest
 Generally, an agency relationship may be terminated unilaterally by the
principal or the agent at any time. However, if the agency was coupled
with an interest, the agency is irrevocable and may not be terminated
LOW: 1 of 41 exams
by the principal. An agency coupled with an interest exists if the agency
was (1) supported by consideration AND (2) created to protect the
agent’s rights.
© 2015 SmartBarPrep.com
15
© 2015 SmartBarPrep.com
D. Liability of the Principal and Agent to Third Parties
 Employee vs. Independent Contractor
 The relevant inquiry in determining if a person is an agent or an
LOW: 2 of 41 exams
independent contractor centers on whether the principal had the right to
control the manner and method in which the job is performed.
Generally, if the principal has substantial control in dictating the manner
and method in which the job is performed, then the person is deemed to
be an agent of the principal. In contrast, a person who works for another
subject to less extensive control is an independent contractor. To
determine the existence of the right to control, the following factors must
be considered: (i) the type of work; (ii) the pay rate (hourly or for the
whole job); (iii) who supplied the equipment or tools; (iv) the degree of
supervision; (v) the degree of skill required; and (vi) the period of
employment.
 Liability for Acts of Independent Contractors
 Generally, a principal is NOT vicariously liable for the torts of an
independent contractor. However, there are several exceptions to the
LOW: 1 of 41 exams
general rule. A principal will be liable for torts committed by an
independent contractor if (1) the independent contractor is engaged in
ultra-hazardous activities OR (2) through the doctrine of estoppel if
principal holds the independent contractor out as his agent.
 Liability of Agent to Third Parties for Contracts Entered into for a
Principal
 As a general rule, an agent is not liable to third parties on the contracts
entered into on behalf of the principal. However, if the agent does not
HIGH: 3 of 41 exams
disclose the existence of a principal to the third-party OR only partially
discloses the principal (the agent tells the third party that a principal
exists, but not disclose the principal’s identity), the authorized agent may
be liable and the third-party would be entitled to sue either the agent or
the principal on the contract. In addition, if the agent did not have
authority to enter into the contract, only the agent will be liable to the
third party.
 Liability of Principal to Third Parties for Contracts Entered into by Agent
 A principal is liable for ALL contracts entered into by its agent if that
HIGH: 6 of 41 exams
agent was authorized to enter into contracts on behalf of the principal.
However, a principal is liable only when the agent is acting within the
scope of his authority.
© 2015 SmartBarPrep.com
16
© 2015 SmartBarPrep.com
I.
PLEASE NOTE, there are limited frequency and priority designations
for the Administrative Law rules because the February 2015 exam was
the first exam the subject matter could be tested, and to date
Administrative Law has appeared on only 1 essay question.
Administrative Law
A. Publication of Rules
 State Administrative Procedure Act (SAPA)
 The State Administrative Procedure Act (SAPA) governs the rule
making process for government agencies in New York State. The
Office of Court Administration and the Judiciary are exempt from
SAPA requirements.
 New York Code of Rules and Regulations (NYCRR)
 The New York Code of Rules and Regulations (NYCRR) primarily
contains the final text of state agency rules and regulations
adopted under the State Administrative Procedure Act (SAPA).
The 23 Titles of the NYCRR include one for each state department,
one for miscellaneous agencies, and one for the Judiciary.
 The State Register
 The State Register is published weekly and plays a central role in New
York’s rule making process. It contains newly proposed amendments to
state agency rules and provides interested parties an opportunity to
comment on actions before an agency adopts each rule. Eventually,
adopted rules are assembled in the New York Code of Rules and
Regulations (NYCRR).
B. Rulemaking
 Rulemaking (Generally)
 The State Administrative Procedure Act (SAPA) establishes minimum
procedures for all agencies of New York State when establishing rules.
These procedures include: (1) an agency publishing a Notice of
Proposed Rule Making in the State Register; (2) the agency holding a
comment period where it considers comments submitted by the public;
and (3) the agency adopting the final rule, which will be published in the
NYCRR. However, an agency may adopt additional procedures
consistent with SAPA.
 Noncompliance with Rulemaking Procedures
 For an agency rule to be valid, it MUST be promulgated and filed in
accordance with requirements and procedures of the State Administrative
Procedure Act (SAPA) and the New York Constitution. If an agency
rule is NOT promulgated in substantial compliance with the provisions
of SAPA, the rule will be invalid and unenforceable. Even if an agency
was authorized to create and implement a rule, the rule will have no
force or effect if the agency fails to follow the procedural requirements
under SAPA. However, the inadvertent failure to send notice to any
person will not invalidate any rule promulgated under SAPA.
 Notice of Proposed Rule Making
 Prior to the adoption of a rule, an agency shall submit a Notice of
Proposed Rule Making to the secretary of state for publication in the
State Register at least 45 days prior to either: (a) the first public hearing
on a proposed rule where such hearing is required OR (b) the addition,
amendment, or repeal of a rule which does not require a public hearing.
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© 2015 SmartBarPrep.com
How to Use This Study Guide
Each rule in the SmartBarPrep Essay Prep Outline is presented as shown in the sample below.
SAMPLE
Creation of Agency Relationship
 A principal will be liable for its agent’s torts if: (1) a principal-agent
relationship exists AND (2) the tort was committed within the scope of that
LOW: 1 of 41 exams
relationship. A principal-agent relationship exists if there is assent (an
informal agreement between the principal and the agent), benefit (the agent’s
conduct benefits the principal), and control (the principal has the right to
control the agent by being able to supervise the agent’s performance).

The title of the rule will be in bold (ex: Creation of Agency Relationship). The Rule Statement (ex: A
principal will be liable for its agent’s torts if…) will be in one or more bullet points under the Rule Title.
Guide to the Frequency and Priority Ratings
In the box to the left of the Rule Statement is the frequency with which the rule was tested on past New
York Bar examinations (ex: 1 of 41 exams). In addition, a priority rating (HIGH or LOW) will be listed in the
box next to each rule. A rule with the rating of HIGH has shown up on more than two New York Bar Exams
and is likely to appear on future bar examinations.
Although a rule with the rating of LOW has shown up only one to two times in the past, that rule may
show up again on future bar examinations. Therefore, a rule with the rating of LOW should not be ignored, and
if you have enough time it should be memorized.
The HIGH or LOW designation is NOT A PREDICTION OF WHAT RULES WILL APPEAR ON
ANY GIVEN EXAM. Instead, I have given each rule a designation depending on how often that particular rule
has shown up on past NY Bar essays.
For example, whenever a wills question appeared I found that approximately one-third of the time a
component of the question dealt with the rule of a Spouse’s Elective Share. Since this rule is tested frequently, it
makes sense to spend more time memorizing it than, say, the rule of conditional gifts, which appeared only once
in the last 20 years.
Again, the purpose of providing the HIGH/LOW priority rating and the frequency with which rules
have appeared is so you can see how often each rule has been tested as compared to the other rules at a glance,
and prioritize your studying to focus on the most important and frequently tested rules first before moving onto
the less important ones. Ultimately, this method promotes efficiency in studying for the New York Bar Exam.
Best of luck on the exam!
– Matthew F. Bates, Esq.
© 2015 SmartBarPrep.com
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© 2015 SmartBarPrep.com
Purchase the SmartBarPrep Essay Prep Outline Today!
The Key to Passing the NY Bar on Your First Try?
Knowing What to Study.
SmartBarPrep’s Essay Prep Outline, Mini Outlines, and Flashcards
are the Most Efficient and Effective Way to Study for the New York Bar Exam
Essays
Are you avoiding studying for the essay portion of the NY Bar Exam because it seems harder
to prepare for than the multiple choice sections? DON’T. You’re risking failure, and avoidance
really isn’t necessary. This study guide simplifies the preparation process by showing you how
to focus on the rules that are most frequently tested.
The SmartBarPrep Essay Prep Outline contains model answers to ALL 440 RULES
previously tested on the New York Bar Exam essays in the last 41 examinations…AND
reveals how often each rule has appeared in the past. That is an extraordinary 21 YEARS
of exams and 217 ESSAY QUESTIONS analyzed for your advantage.
PLUS, an additional 60 Rules are included for the newly added Administrative Law
subject!
The Secret Behind SmartBarPrep
My name is Matthew Bates and I’m the attorney behind SmartBarPrep. I passed the NY Bar on
my first try, which I was thrilled about. What I wasn’t pleased with were the ordinary review
materials that I had purchased from the big name bar review companies. They were seriously
lacking in helping prepare for the essay portion of the exam.
The problem with most preparation materials is that they don’t do enough hard research using
ACTUAL exams. The typical bar exam outline or study guide tells you every rule imaginable but
does not provide any clear guide as to what rules matter most.
It got me thinking…could I do better?
My answer, SmartBarPrep’s Essay Prep Outline and companion study guides, are based on the
analysis of past NY Bar Exams. It would take you over 500 hours of reading, analyzing,
compiling, and drafting to equal the information at your fingertips in this study guide.
Here is the method used to create the SmartBarPrep Essay Prep Outline:
The New York State Board of Law Examiners (BOLE) releases past exam questions along with
student answers for each question approximately 3 months after the exam. This has allowed
SmartBarPrep to compile statistics from the last 41 New York Bar Exams (July 1995 to July
2015) by analyzing every issue and rule that was included. Every rule ever tested on the NY Bar
© 2015 SmartBarPrep.com
essays is compiled here! In addition, when creating the SmartBarPrep Essay Prep Outline, each
rule was:




Written so it’s simple to understand.
UPDATED specifically for the February 2016 bar exam with the most current law.
Analyzed for its FREQUENCY (how often each rule has been tested in the past so you
can prioritize and study the most frequently tested rules first). That frequency is shown
next to each rule.
UPDATED to include 60 rules for the newly added Administrative Law subject!
COMPREHENSIVE AND SUBSTANTIAL: SmartBarPrep’s Essay Prep Outline
has over 135 pages of substance (no fillers, no frills). It covers ALL 20 subjects
tested on the essay portion of the NY Bar Exam.
"I found the outline materials to be excellent and well-focused. I would highly
recommend it to anyone taking the NY Bar Exam. The only issue I had was that I
did not find it sooner."
–Francis C.
Model Answers for Each Rule
Knowing the frequency of each rule allows you to focus your precious study time. But what
about how to answer? This study guide also provides model answers for each rule. So you’ll
know exactly what to write on the day of the exam. The model answers are to the point, so you’ll
have just what you need. No lengthy, wordy explanations to waste crucial prep time. Walk into
exam day armed with confidence that you can ace the essay portion of the exam…
And it’s all in a concise format that keeps you focused and organized.
Sample Preview
Here is an excerpt from the SmartBarPrep Essay Prep Outline:
© 2015 SmartBarPrep.com
Integrate our study guide with your bar review course
This study guide can be used to supplement bar exam review courses such as BarBri or Kaplan.
The SmartBarPrep Essay Prep Outline integrates well with review courses because it is arranged
in terms of frequency and topic, saving you the hassle of making index cards or other outlines.
A note about the price…
The SmartBarPrep Essay Prep Outline is valued at $200, but right now it is $124 – a savings of
more than 30%. If you are like most preparing for the NY Bar, you have spent thousands on a
bar review course. In comparison, this outline is truly a remarkable value.
Not only does this price include the SmartBarPrep Essay Prep Outline, IT NOW INCLUDES:

BONUS # 1: Mini Outlines for Each Essay Subject with the high frequency rules
highlighted so you know at a glance which rules are the most important. The minioutlines contain condensed breakdowns of the Essay Prep Outline Rules, and are a
perfect companion to the SmartBarPrep Essay Prep Outline for studying the last few
weeks before the exam!

BONUS # 2: Essay Frequency Analysis (Sorted by Frequency) that contains charts of
the rules tested ordering the rules from the most tested to least tested BOTH by
overall frequency and also by frequency within each subject. These charts also contain
cross-references to the page numbers where the rules appear in the SmartBarPrep Essay
Prep Outline.
© 2015 SmartBarPrep.com
PLUS, IF YOU REALLY WANT TO TAKE YOUR STUDYING TO THE NEXT LEVEL,
WE NOW OFFER:
over 950 DIGITAL FLASHCARDS in our Deluxe Study Guide Package
based off of the SmartBarPrep Essay Prep Outline rules
The flashcards can be used to reinforce your knowledge of the rules tested on the essays, and can
be used on your phone or tablet to review rules on-the-go!
These digital flashcards are downloadable in PDF format, and instructions are included to load
the flashcards onto your iPhone, iPad, or Android device.
Here is a breakdown of both the Standard and Deluxe Packages.
© 2015 SmartBarPrep.com
The 80/20 Rule in Action
I’m a firm believer in the 80/20 Rule developed by Italian economist Vilfredo Pareto. In short,
the rule says that in almost anything in life, only a few things (the 20 percent) are essential and
the rest (the remaining 80 percent) are trivial.
Sounds like a nice theory, but can it be applied to the New York Bar Exam essays?
It does, and I proved it. I rolled up my sleeves and went through every shred of material released
by the New York Board of Law Examiners (NY BOLE) to see if my theory was true.
After going through every item they released in detail, I noticed patterns emerge. The most
noticeable was that the bar examiners tested some material more frequently than others. For
example, whenever a wills question appeared I found that one-third of the time a component of
the question dealt with the rule of a Spouse’s Elective Share. Since this rule is tested frequently,
it makes sense to spend more time memorizing it than, say, the rule of Conditional Gifts, which
appeared only once in the last 21 years.
Also in line with the 80/20 Rule, focusing 80 percent of your time and energy on the 20 percent
of the rules of law that are tested most frequently will maximize your chances of passing. Don’t
just work hard; work smart by focusing on the right things. That is exactly what the Essay Prep
Outline and companion study tools do: They tell you what is most important and where to focus
your efforts.
Here is a chart that shows just how often rules are repeated:
July 2015
February 2015
July 2014
February 2014
July 2013
February 2013
July 2012
February 2012
July 2011
February 2011
July 2010
February 2010
July 2009
February 2009
July 2008
91% Repeated*
88% Repeated
75% Repeated
91% Repeated
94% Repeated
82% Repeated
92% Repeated
86% Repeated
80% Repeated
86% Repeated
65% Repeated
60% Repeated
92% Repeated
88% Repeated
69% Repeated
*Includes 3 rules from Administrative Law that were included in the Essay Prep Outline, but
which were first tested on the July 2015 Exam.
© 2015 SmartBarPrep.com
"I just wanted to say THANK YOU for the Essay Prep Outline. I studied that thing
like crazy and nearly all of the issues on the essays came from it."
– Andrew T.
TAKE A LOOK BELOW
AT THESE ACTUAL SNAPSHOTS FROM OUR STUDY TOOLS:
SmartBarPrep Essay Prep Outline:
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Mini Outlines:
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Essay Frequency Analysis (Sorted by Frequency):
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Digital Flashcards:
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to the Most Helpful Study Tools for the NY Bar Essays
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