Bar Passage
Seminar
Program
BYU Law School
Seminar #3
Typical Bar Exam: Review
 2 days, 6-7 hours of testing per day
 Composed of:
 MBE (multiple choice)
 MEE (short essay)
 MPT (longer essay/work product)
 These “national” tests are written by the National
Conference of Bar Examiners (NCBE)
 Many state bar organizations write their own essays or
performance tests (and therefore don’t use the NCBE
provided MEE or MPT)
 All states but Louisiana use the NCBE provided MBE
 Some states require 3 days of testing
MBE Review
 Contains 200 multiple choice questions, 190 of
which are scored
 100 questions in 3 hours
 1.8 minutes per question
 33 questions per hour
 Subject areas: Constitutional Law (31),
Contracts (33), Criminal Law and Procedure
(31), Evidence (31), Real Property (31), and
Torts (33).
 Administered in all jurisdictions except
Louisiana
The Multistate
Essay Exam
(MEE)
MEE Basics
 The short essay aspect of the Bar
 Administered the first day of the bar exam (on the
last Tuesday before the last Wednesday in
February and the last Tuesday before the last
Wednesday in July each year)
 “Purpose is to test examinee’s ability to (1) identify
legal issues raised by a hypothetical factual
situation; (2) separate material which is relevant
from that which is not; (3) present a reasoned
analysis of the relevant issues in a clear, concise,
and well-organized composition; and (4)
demonstrate an understanding of the fundamental
legal principles relevant to the probable solution of
the issues raised by the factual situation.”
MEE Subjects
 Areas of law that may be covered on the MEE include:
 Business Associations (Agency, Partnership, Corporations,
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LLCs)
Conflict of Laws
Constitutional Law
Contracts
Criminal Law and Procedure
Evidence
Family Law
Federal Civil Procedure
Real Property
Torts
Trusts and Estates
UCC (Negotiable Instruments, Secured Transactions, Bank
Deposits and Collections)
Visit http://www.ncbex.org/assets/media_files/InformationBooklets/MEEIB2013SMO.pdf for subject matter outlines
MEE Jurisdictions
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Alabama
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Nebraska
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Arizona
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New Hampshire
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Arkansas
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New Mexico
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Colorado
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North Dakota
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Connecticut
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Oregon
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District of Columbia
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Rhode Island
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Hawaii
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South Dakota
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Idaho
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Utah
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Illinois
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Washington (July 2013)
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Iowa
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West Virginia
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Kentucky
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Wisconsin
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Mississippi
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Wyoming
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Missouri
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Montana
The MEE Test
 The NCBE offers 9, 30-minute MEE questions per
administration and jurisdictions may select which
questions to use
 Each question provides a hypothetical factual
scenario, usually with a very specified call of the
question
 Examinees are allotted 30 minutes to answer each
question
 Usually all MEE essays are given in the same
testing session, which lasts 3-4 hours in most states
(depending on the number of essays)
 Some questions may include issues in more than
one area of law, combined
MEE Scoring
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What graders are looking for:
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Identification of the legal issues in the statement of
facts (issue spotting)
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Applying fundamental legal principles to the facts (rule
statement)
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A reasoned analysis of the issues (applying facts to
rules)
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A logical solution/conclusion
What graders are not looking for:
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A wide knowledge of legal rules only tangentially
related to the question
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An impressively verbose and very thoughtful essay
Looking beyond the obvious issues for more complex
and interesting issues
How to Write a Successful Essay Answer
General Tips
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Know the law
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Try to sound like a lawyer
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Slow down and write a complete
answer
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Use a logical essay structure (use
IRAC)
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Make your essay easy to read and
grade
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Finish within the time allowed and
STOP after 30 minutes.
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Don’t discuss what you’re told not
to discuss
The Method
3 Step Process
1.
Read, read, read
2.
Organize and Analyze
3.
Write
Step 1: Read
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Read the call of the question first
 Identify the area of law that’s being tested so you know
what to look for in the fact pattern
 Start an outline based on the call of the question (i.e. 2
parts, or 3 parts, etc.)
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Read the fact pattern very actively
 Make notes, circle names, draw out issues, etc.
 First reading will always be the most productive
 Assume all facts are there for a reason
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Read the call of the question for a second time
 Make sure you fully understand what you’re being
asked to do
Sample MEE Question: Constitutional Law
Congress recently enacted the Violence at Work Act (the Act). Title I of the Act provides that an employee
who has been injured in the workplace by the violent act of a coworker has a cause of action for damages
against that co-worker.
Title II of the Act imposes several duties on employers subject to the Act and creates a cause of action
against employers who do not fulfill those duties. Section 201 provides that all employers, “including all
States, their agencies and subdivisions,” who have more than 50 employees are subject to the Act. Section
202 requires employers subject to the Act to (i) train employees on certain methods of preventing and
responding to workplace violence, (ii) conduct criminal background checks on job applicants, and (iii)
establish a hotline to report workplace violence. Section 203 provides that if an employer subject to the Act
does not fulfill the duties imposed by Section 202, an employee who has been injured by the violent act of a
fellow employee may recover damages from the employer for the harm resulting from a violent act. Section
204 provides that any action brought pursuant to Section 203 may be brought in federal or state court and
that “if brought in federal court against a State, its agencies or subdivisions, any defense of immunity under
the Eleventh Amendment to the US Constitution is abrogated.”
The House and Senate committee reports on the Act note that Congress passed the Act under its power to
regulate interstate commerce. To support its use of that Power, Congress found that acts of workplace
violence directly interfere with economic activity by causing damage to business property, injury to workers,
and lost work time due to the violent acts and their aftermath. The House report estimated that total
interstate economic activity is diminished by $5 to $10 billion per year as a result of losses associated with
workplace violence.
Sample MEE Question: Constitutional Law
After the Act’s effective date, an employee of a state agency was injured in the workplace by the violent act
of a disgruntled coworker. The state agency, which has over 100 employees, conceded that it had not
implemented the measures required by Section 202 of the Act. Accordingly, the employee has sued the state
agency in United States District Court to recover damages for the harm caused by the act of workplace
violence. The state agency has moved to dismiss the lawsuit on three grounds (1) Congress did not have
power to enact the Act, (2) Congress did not have power to apply the Act to state agencies, and (3) the
Eleventh Amendment bars the employee’s lawsuit.
1. Is the Act a valid exercise of Congress’s power to regulate interstate commerce?
Explain.
2. Assuming that the Act is a valid exercise of Congress’s power, may the Act
constitutionally be applied to state agencies as employers? Explain.
3. Does the Eleventh Amendment bar the employee’s lawsuit in federal court against
the state agency? Explain.
Sample MEE Question: Wills and Estates
and Conflict of Laws
Zach died in a domiciliary of State A. At Zach’s death, he owned a house located in State A. Zach also owned a farm
located in State B and had a savings account at a bank in State B.
Zach left a handwritten document containing instructions for the disposition of his assets. The only words on the
document were the following:
I, Zach, being of sound and disposing mind, leave my entire estate to my alma mater, University. I
Bank as executor of my estate.
appoint
Zach’s wife predeceased him. Zach was survived by three children, Alex, Brian, and Carrie. Alex was the biological
child of Zach and his deceased wife. Brian was the biological child of Zach’s deceased wife and her first husband,
but Zach adopted Brian when Brian was 12. Carrie was the biological child of Zach and a woman whom Zach never
married. Zach’s paternity of Carrie was adjudicated during Zach’s lifetime.
State A provides that a holographic will “entirely handwritten and signed at the end by the testator” is valid. State A
law also provides that if a decedent dies intestate and leaves no surviving spouse, the decedent’s estate passes in
equal shares to the decedent’s “surviving children.” The phrase “surviving children” is defined to exclude “nonmarital
children.” There are no other relevant statutes in State A.
State B law provides that (1) the will of a nonresident that bequeaths real property located in State B must comply
with the law of State B; (2) a will is invalid unless it was signed by the testator and two witnesses; and (3) the estate
of an intestate decedent who leaves no surviving spouse passes to the decedent’s “biological and adopted children,
in equal shares.” There are no other relevant statutes in State B.
How should Zach’s three assets be distributed? Explain.
Step 2: Organize and Analyze
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Decide how to best organize your analysis
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Look to the call of the question first, it will often tell you
to discuss certain points (just do it in that order)
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With a general call of the question there are 3
alternative methods of organization
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Parties
Events
Theories of law
Use headings!
Make sure you analyze (apply the rule to the issues)
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Have a checklist approach for each area of law
Not every element will be useful on an essay—leave
those elements out!
Step 3: Write
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If your outline included it, make sure it ends up in your
essay
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Use IRAC: Issue, Rule, Analysis, Conclusion
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Issue and rule statements should be short and concise
Focus on the analysis: applying the rule to the facts
The conclusion is the least important part, but you
should always include one
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Never assume facts that aren’t in the fact statement
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Demonstrate your ability to reason and analyze
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Clarity and conciseness are important (as long as your
answer is complete)
MEE Timing
 30 minutes allotted per question
 10-15 minutes should be spent reading,
outlining, and analyzing
 The remaining 15-20 minutes should be
spent carefully writing
 Keep yourself on track with your timing and
move on when your 30 minutes is up, or you’ll
never get to all the essay questions.
Sample MEE
Question
30 minutes allotted
Sample MEE Question: Practice
Defendant and Friend were on a hunting trip together. One evening, while watching television in their
hunting cabin, Defendant decided to scare Friend, who had fallen asleep in his chair. Defendant
loaded his rifle and aimed it at a lamp that was on a table just behind the chair in which Friend was
sleeping. Just as Defendant pulled the trigger to shoot the lamp, Friend suddenly sat up and moved
into the line of fire. Defendant’s bullet hit Friend in the shoulder and seriously wounded him.
Defendant loaded Friend into his car and sped off toward the nearest hospital, which was 15 minutes
away. En route, Defendant hit a pothole, lost control of his car, and collided with a telephone pole.
Defendant was seriously injured, and Friend suffered further injuries. The accident occurred on a
lightly traveled country road, and no other vehicle passed by for 45 minutes.
By the time help arrived, Friend was dead. An autopsy established that Friend bled to death as a
result of the combined impact of the gunshot wound and the injuries suffered in the car crash. The
coroner concluded that the gunshot wound alone would not have been fatal had Friend received
medical treatment within a half hour of the shooting.
Murder is defined as “a killing with malice aforethought.” In this jurisdiction, second-degree murder is
“all murder that is not deliberate or premeditated.” Defendant has been charged with second-degree
murder on account of his shooting Friend and Friend’s subsequent death.
Is Defendant guilty of second-degree murder? Explain.
Next
Seminar…
The MPT basics, subjects,
jurisdictions, scoring,
examples, and practice