First full day of studying & review of MBE Book

Yikes. I can’t belive that TODAY was only my first full day of studying. All last week, while agonizing over my situation, I tried to do a cursory review of Torts. Today, I finally finished Torts. I read the rest of the outline provided by MicroMash, did 15 MBE’s (I did 50 on Thursday!) and attempted a practice essay. My tentative plan for the next 5 subjects is to - in two days - read the outline for a subject, do 50-100 practice questions on the subject, and complete 2 practice essays for the subject. I hope to do one practice performance test a week, as well as do 10-20 MBE’s on the previously studied subject. I figure I’ll have to test this out in the next two days to see if it’s really possible to accomplish. As far as the state subjects go, I haven’t quite formulated a plan as to how to approach them. California only weighs the MBE as 35% of your score, but the MBE subjects can be tested in the essays which are worth a whopping 65%. So, I feel I need to spend a lot of time writing and prepping for the essays and performance test. I think this is different from those states who give the MBE equal or almost equal weight as the essays… But, again, I’m not quite sure how to formulate a study plan for the essays just yet. I’m going to have to figure that out in a week or two.

The MBE book I read - “Mastering the Multistate Bar Exam” by John Talamo was kind of helpful. In the book he talked alot about all the different things “your Bar Review Course would teach you.” So, if you’re not taking one, the book doesn’t offer a WHOLE lot in the way of in-depth strategies and approaches. However, I appreciated his mindset towards the Bar and his approach of studying vs. practicing the MBE questions. He said to spend a fair amount of time studying the questions - how they’re designed, what the answer choices are, the given explanations for the right/wrong answers… He recommended that you spend a decent amount of time going through the questions, not timing yourself, and not paying attention to what percentage of q’s you get right. Use these study sessions to familiarize yourself with the test, not just test whether you know the rules involved. Obviously you will be enforcing your knowledge of the law as you answer the questions and read the explanations, but also try to get to know the test and the different techniques used by the MBE authors. Only after studying this way for a while (you can judge), THEN start “practicing” the questions by doing chunks of MBE’s before checking your answers.

I thought this was a good approach on a couple of levels. Most of what I’ve heard/read about from others is that they are advised to do 50 MBE’s a day, mostly to determine what percentage of q’s they’re getting right. BUT - several people & books have pointed out that you can tend to peak on your MBE score mid-summer instead of in July when you need it most. Plus, people tend to get discouraged when they’re not getting a high enough percentage of q’s right and you create additional stress on yourself. But, if you take the study/practice approach, you won’t really start practicing the MBE’s until after a couple of weeks studying them. So, you’ll “peak” later *hopefully* and won’t get as frustrated because you know your purpose in studying the questions is to learn the test and reinforce your knowledge rather than trying to gauge whether you’re up to par for the real MBE. Since I’m not taking Bar/Bri, i have no idea whether this approach is unique or run-of-the-mill/what-they-all-recommend. MicroMash doesn’t really talk too much about how to approach the MBE other than mention the alternate ways you can use their online program.

Another thing the MBE book mentioned, which is not mind-blowing AT ALL, is that every q on the MBE is worth the same amount. So, don’t get hung up on a super long confusing question because the difficulty of the question doesn’t determine it’s weight; they’re all worth the SAME. Don’t waste time trying to figure out one q when you could use that time to answer several. Common sense, right? But, I know that i’ve got stuck on a lower-points essay before, to my detriment, just because I really really really wanted to figure it out…. This is a good thing for me to remember.

The book gives a few suggestions on how to study for the MBE (as noted above) and a few strategies about answering questions and the types of questions asked on the MBE. Overall, for me, it was helpful and a nice easy introduction into thinking about how to approach the MBE. Again, since I’m not taking Bar/Bri, I don’t have the advantage of hearing all the little tricks of the trade, so reading about some of the different techniques used by the MBE authors prepared me to think differently about the MBE and to evaluate the questions in a better way. For me, it was worth the $$, but if you’re taking Bar/Bri or any other live lecture course, you’ll probably get the same info from your instructors.

A little Bar/Bri fun

I guess this is why so many people choose Bar/Bri :0)

Bar Exam Tips #4

After finding my blog, a *wonderful* gentleman sent me a fantastic, detailed email about his experience studying for and taking the July 06 Cal. Bar. He also sent me 3 more emails with some of his notes and outlines for the Bar. Such generosity warms my heart. Here's some info he shared with me.


1. The Performance Exam is just about form and properly extracting the legal reasoning from the material provided, and applying that reasoning to the facts of the particular case. It is actually very easy, just very time consuming. They are testing whether you are used to doing this type of writing.

2. To get enough points on the essays, it is VITAL to use the facts. The essays are not tricky, the MBEs are tricky. USE ALL THE FACTS on the essays. The Bar is actually quite kind --- they put enough facts in each essay to give students a chance to demonstrate whatever they know. The Cal Bar is easier than people think; most people scare themselves I think because of the low pass rate. The essays are obviously just Rules + Legal Reasoning. Nothing more. The graders don't want to see anything else. Boring IRAC is good enough.

3. One study technique that I used was to read a BarBri essay fact pattern; try to answer it out loud; and then read the BarBri answer. Then I would try to re-state the answer out loud (or in my head) without looking at the BarBri material. I would then keep re-reading the BarBri answer, and keep trying to answer the problem (mentally or verbally) completely until I could do it cleanly. The process of stating rules and applying facts to the rules was a good exercise for me. It was also more fun that just trying to memorize rules alone without fact patterns. The BarBri materials probably cover all the rules in particular fact patterns, so if you practice their essays then you will encounter everything you need (I hope!!).

4. I remember on the Jul 06 MBEs, it felt like there was no end to the property questions, but actually some of those property questions were contracts questions !!! So, be careful about little tricks like that. Trying to figure out which rule they are testing for each question I guess is the key.

5. Time is not a factor on the Bar EXCEPT on the Performance Exam part.

A Tale of Two Blogs

A few people have noted that I have two blogs (both “irrationalbasis”) that seem to mirror each other. When I initially decided to do the blog thing, I started with wordpress b/c that’s the one I was most familiar with, but then decided I’d try blogspot since so many of my friends had their blogs posted there. Long story short is that I’m indecisive and liked different aspects of the websites, so I decided to keep both. Plus, it gives me something else to do besides study! On this website I *only* post PURE bar-related messages; I also post the same stuff on the wordpress site mostly b/c I know my mom likes to read them and I only want her to have to go to one place. But, wordpress is becoming my true love for blogging. I didn’t realize how much I’d like having this little outlet for thoughts or what a great community I’d find myself part of. I’ve reconnected with friends and connected with past and future Cal-Bar takers, as well as other law students.

So: If you’re ONLY interested in purely bar-related posts, stay where you are and thanks for reading!!

If you know me and love me or just want to read my sometimes irrational ramblings on other aspects of life, go here

Bar Advice from July 06'er (Bar Exam Tips #3)

I found this post on Biting Tongue - a barblog of a July 06 Cal. Bar taker. I think it's helpful for getting my mind back into thinking about the Bar. For convenience sake, I've posted the entire thing here.

Bar: Advice & Recap

Be Honest With Yourself

I'm fairly certain that I would have failed the test had I not been extremely honest with myself back in July. My assigned essays weren't looking very much like the BarBri sample answers. My graded essays were coming back marked FAIL. Although I didn't know much about how I was doing, the little bit of feedback I was getting said I was going to fail unless I learned to make my essays look more like what they were expecting. I have always been the one who arrives at conclusions via a different path. This is often rewarded in life. But the bar exam grader who has 2 minutes to read my essay was not going to reward my unique thought processes. If I didn't do something differently, I was fairly certain I was going to fail. Unfortunately, BarBri does not offer any strategy on how to construct an answer that looks like everyone else's. They teach the same material, then give the same model essays as feedback, and a majority of their students fall into line. If that is you, great. Keep on the path. But, that may not be you. In fact, if you have a tendency toward intellectual curiosity, you may be in serious trouble with the bar. Intellectualy curiosity can lead you to discuss side issues that may demonstrate knowledge of the law, but not the knowledge the grader is looking for. BarBri will claim that people fail because they don't use the facts. Some people may do that. But people like me, we would fail because we use the facts too much.

Seek Other Resources

One of the main reasons, if not the number one reason this test is difficult is because of the mental warfare and mystery the CA bar and BarBri create and propogate. For example, no passing scores and tests are released. It would be very helpful for second time takers to be able to compare their failing essays against passing essays. It would be extremely helpful for those studying to compare failing essays against passing essays. But, no. It's a *mystery.* So accept that aspect of the stupid exam and recognize that you are going to have to do some work in a void, which will be very frustrating. If you, like me, even begin to suspect that barbri is not giving you enough feedback in the void, then my suggestion to you is to seek out other feedback in order to feel comfortable.Similarly, if your MBE scores aren't where you'd like them to be, seek out help and feedback.

Your mileage may vary, but I highly recommend the additional resources that I used to prepare for the essay portion of the bar exam:
Bar Breaker Volume 1 and 2: The last 2 weeks before the bar exam, I read the intro to each subject and outlined or wrote sample answers to every question in this book. I entertained his approach and adopted some of his methods. I found them very helpful. I completely bailed on the last half of the BarBri assigned essays. I found that many of them were assigned in these books, so overall, I probably did the majority of the BarBri assigned essays. In particular, I found these answers so ridiculously simplistic that I couldn't believe they would be passing answers. But, the sense of relief I felt after reading each question during the bar exam and knowing that I could write an answer that looked something like the ones I'd reviewed in these books was huge. I think that if you know you can write a simple answer that covers the basic law for every possible exam topic you will have the confidence and time to fill in the random other side issues that will get you extra points.
Bar Exam Survival Kit. I think if I had to prepare for the bar exam again and I was only allowed one resource, this would be the one I would choose. The last two weeks before the bar, I read and re-read the 6-8 page summaries for each topic and made certain that nothing they mentioned was missing from my issue outline/checklists. I made certain that I could recite the rules for each major area. I memorized stupid mnemonics to ensure that I could name every major sub-area for any topic. As a final step, I condensed all of my outlines into a 5 page 2-inch by 3-inch flip book of my mnemonics. This is all I used to study while at the bar exam. Every night, I'd review the mnemonics and comfort myself with the fact that I could recite every power held by every branch. I could sing a song of every single Tort and all of their elements. I could name all the constitutional limitations on powers. When I read that the call of one of the questions was the 1st Amendment, I typed the headings from my mnemonic before I read the fact pattern: state action, and then all of the various tests. I was appalled to read the question and find that they presented the issues to be addressed in the exact order of my mnemonic, which was straight from Jeff Adachi's Bar Exam Survival Kit. That question drove home the point to me. The California Bar exam is NOT a test of legal knowledge and skill. It's a test of keeping your cool, and learning enough law plus tactics to demonstrate that you can be just like everyone else who has figured out the game.

I also did every free seminar offered by Scott Pearce. I think if I had failed the bar exam, I'd hire Scott Pearce as my tutor for the second go-round. Often, while doing his seminars this summer I toyed with the idea of having him grade one of my essays for more feedback. I learned the trick of reading the call of the question and doing the big picture outline of the answer before reading the question from him. This proved to be a life-saver in helping me avoid legal side-tracking.

Know how you are going to take the test before you take it

Towards the end (last 5 days before the bar or so), I'd do 50 PMBR questions a day and outline any essay I could get my hands on to ensure that my approaches/mnemonics were available in my head and to make sure I wasn't missing any major issues. I outlined almost all of the past exams on the California Bar Website and the majority of the BarBri essays I'd put off by doing BarBreaker. This meant I'd seen and outlined many of the past questions twice before going into the exam. Turns out, the Bar repeats many of the topics it presents, so familiarity with the outline form for past exams was extremely helpful. On several questions during the exam, I read the call, wrote the basic outline as typed headings, read the facts and filled in my sub-outline with sub-headings and rules all with a sense of deja-vu because I'd done the exact same outline, headings, and sub-headings just a few days earlier.

Don't forget to do something to stay sane

Work out. Cook/Eat. Visualize getting passing results. Visualize the act of taking the entire test. Hang out with non-law friends. Whatever it is that you need to do to get those stress hormone levels to lower. Do it regularly throughout the entire process. I found that much like visualizing a sports performance, the few minutes each week (and every morning during the last two weeks) I spent visualizing taking the test and getting passing results gave me a sense of calm during the actual test itself.

First Peek at the Performance Test

I checked out the July 2006 Performance Test last night. California is one of a handful of states that includes “Performance Tests” as part of the Bar. (I think this is also why California is three days of testing instead of two.) In the PT, you are asked to write some sort of a legal document using a packet of materials they give you (your “library”). You might be asked to write a memo of points & authorities, a client letter, an objective memo, etc.

PT’s from past years are posted on the CA Bar website. So, I thought maybe I would print out the July ‘06 one and read through it, just to get an idea of what the PT’s were like. **98 PAGES** I knew that they provided you with a “packet” of material, but for some reason, my brain didn’t translate that into 98 PAGES. I feel like there has to be some sort of strategy to this. I’ve heard that the PT can be the easiest part of the Bar because everything you need to know is provided there in the packet. BUT - I’ve also heard that it can be difficult for people to finish on time (you get 3hrs). So, it could be a really great way to bump up your exam score, or you could get screwed. Once I saw the PT was 98 pages, I just skimmed through the instructions to see what the assignment was, and closed it out.

I know that once I actually start studying for the Bar, my mental state will *hopefully* progress to where looking at 98 pages doesn’t overwhelm me so much. I’ve heard that the MBE, too, is basically a 100 page book - 2 questions per page. Again, a little overwhelming to think about. When the PT opened in Adobe, my brain shriveled up and said “NO, I’m NOT reading that or thinking about it!” My brain actually shuddered. I’m hoping that this summer, it will reach out to the law with open arms… Embracing theories of liability and elements of crimes and all those property rules I can never remember. Maybe I can even convince it to have a sexy little summer fling with Chemerinsky (or at least his con law supplement). After all, law is HOT. Stimulating. VIRILE. Passionate. I am lusting for legal knowledge… Tonight, I just wish it came packaged in something other than a casebook.

#1 Reason Why I Love MicroMash

Since I’ve decided not to take Barbri, I’ve been looking into other bar review courses. It is so hard to judge them based on their websites, where they all sound wonderfully the same… and since Barbri has monopolized the market so much, it’s very difficult to find people with fairly normal situations (compared to someone who, say, is taking the bar for a 5th time and trying to study in Antarctica) who have taken a course other than Barbri. BUT - So far, I think MicroMash sounds ok. Some of their reps came to school today to give an informational pep talk about their product. A few tidbits I picked up about their online software and overall bar review method:
- There are approximately 2400 MBE questions offered; to go through all of them at least once takes an estimated 150hrs (read - 3.5hrs/day for 40days. Yes, this is going to be my life in two months.)
- MM provides a full-week study guide that starts on June 1
- You can download a free 50-question demo off their website
- If you complete a set of requirements, they will guarantee you a passing score OR you get all your $$ back or they keep upgrading your software/materials until you pass (but.. how difficult are the reqs??)
- Their software keeps track of the subjects you’re the weakest/strongest in and presents you with more/less questions in those areas
- The software has a timer that monitors how long it takes you to do each question, and how long it takes you to do a certain set of questions overall
- Answers/Explanations in the software are keyed to page#’s in the written materials for easy reference

BUT - the #1 Reason why I’m excited about MicroMash…………
I WON A FREE MBE REVIEW COURSE WORTH $895!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!