Fear Not.

I was listening to the PMBR CD’s the other day and what I realized is that - whether it’s simply a marketing tactic or not - everyone wants you to fear the Bar. I think a healthy appreciation for the DIFFICULTY of the Bar is a good thing. You don’t want to be too overly confident and brush it off. However, fear is not necessarily the best motivator, and it certainly isn’t good if it paralyzes you into inaction or unfocused action. The guy on PMBR started talking about property - “Property is the most difficult subject you will see on the Multistate Bar Exam. Property is so hard because there is so much material to cover. You have to memorize rules about mortgages, conveyances, easements, rule against perpetuities, statute of frauds, blah blah blah…” He listed practically every issue and subissue you could possibly have in property. Then he comments (I paraphrase), “You may feel like this is an impossible subject to handle. I know you all feel overwhelmed and confused and are wondering how in the world you are possibly going to get a decent score on the property questions….” Well, if I didn’t feel overwhelmed and confused and intimidated before, I sure as heck feel that way NOW!!

Yes, there’s a lot to memorize for the Bar, and yes there are some concepts I probably won’t get down pat, but I don’t need anyone breathing down my neck with their power of suggestion that I can’t handle it. A friend who is taking Bar/Bri was telling me that she felt some days would be better off spent at home, studying her own way instead of going to class. But, she was afraid to do that b/c Bar/Bri emphasized that every class was important, and if you missed ONE, you might miss that one explanation that would help you pass the Bar. So, she goes to class everyday, and then regrets that she could have got more focused studying done if she’d just stayed home. It’s not just the bar reviews that do it, it’s other people, too - students, parents, teachers, friends, etc. - who tell you that the Bar is hard, the pass rate is low, you’re not studying hard enough, you should study more, how dare you go shopping when you have an essay to write!

I’ve heard and read several things about the Bar being something like 50% knowledge of the law, 50% mental and emotional endurance. I’m beginning to wonder if it’s not higher like 10% legal knowledge, 90% mental/emotional preparation. I KNOW that there is a decent chance I could fail the Bar in July based on the overall pass rates. But, the fact that I know that doesn’t mean I need to let myself be guided by fear of failure. I’m trying to find a balance b/w not being too confident that I’m going to pass (because, what if I fail?? then I look like a total idiot for 1) failing; and 2) having thought I could pass in the first place!) and total self-confidence that I am capable of passing, that I’m going to pass, and everything is going to work out. I mean, I’ve had days when I’ve felt so good about the test, that I’ve wondered - “Am i missing something???” I mean, WHY DO SO MANY PEOPLE FAIL??? What is the ultimate decider? the essays? the MBE? the performance tests?? I feel like I’m going along ok, but I’m sure thousands of people felt the same way before, and then failed. Am I missing something??? But, I can’t let myself worry too much or fear too much, because then I start feeling defeated, and what’s the point of that?? There will be enough time to feel defeated in Nov. if I don’t pass. I guess I may as well spend this next month feeling successful while I have the chance.

Lastly, after I decided PMBR was more intimidating than helpful, and the prof’s annoying reference to the class as “Gang” drove me nuts (So gang, Well gang, Ok gang…AAAHHHHH!!), I went the music route. You wouldn’t necessarily think that Eminem could be considered “inspirational,” but his two songs - Lose Yourself and Til I Collapse - are highly appropriate for this summer of studying… A few select lyrics:

Look, if you had one shot, or one opportunityTo seize everything you ever wanted-One momentWould you capture it or just let it slip?

You better lose yourself in the music, the momentYou own it, you better never let it goYou only get one shot, do not miss your chance to blowThis opportunity comes once in a lifetime…

‘Cause sometimes you feel tired,feel weak, and when you feel weak, you feel like you wanna just give up.But you gotta search within you, you gotta find that inner strengthand just pull that shit out of you and get that motivation to not give upand not be a quitter, no matter how bad you wanna just fall flat on your face and collapse.

Brief Rant...

If there are any past Bar-takers out there reading this, can you please answer something for me?? On the MBE, do the authors, when raising the issue of what standard of review applies in a con law question, really say such things such as “P must prove the statute is irrational” ???? I mean, I thought that Rational Basis Review meant that P has to prove the statute is not rationally related to a legitimate state interest, not that the statute itself is “irrational.” I mean, I, as a law student, am smart enough to figure out that they are referring to RBR, but this is an incorrect statement of the law, and YET - supposedly, it was the right answer. Do the authors really do short-hand stuff like this?? If they do, then I am going to have to stop “overthinking” the answers, because I truly thought that, here, the authors were trying to get me confused as to what the RBR test was… But, no, apparently it wasn’t a trick. So frustrating!!!! AND, I really hate it when there appear to be two issues in the question, say interstate commerce & state police power, and the example given is of something that is traditionally reserved to the state, so - as the book says - the state’s statute should be upheld….. and the authors tell me it’s not about state rights at all and is purely an interstate commerce issue. Even though I’m getting all of these con law questions wrong, I feel it is a reflection of poorly written questions and not at all my lack of understanding/memorizing the material. ha. GRRRR!!!!