Taking the Bar Exam
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Written By: Kenneth Phelps
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In order to practice law, almost all new law school graduates must apply for the bar admission through a state board of bar examiners. Each state establishes its own criteria for eligibility to take its exam or to otherwise qualify for admission. Licensing involves the two general areas of Competence & Character and Fitness. Competence is generally established by meeting the proper educational requirements and by passing the bar exam. Character and fitness involves the review of background information on applicants that is relevant to the appropriateness of granting a professional license.
The bar exam is generally offered in February and July. The bar exam's format, subjects, application fees, deadlines, etc., vary from jurisdiction to jurisdiction. Generally the exam consists of one day of state essay questions and one day of Multistate Bar Examination (MBE). Many states also include the Multistate Essay Examination (MEE) and the Multistate Performance Test (MPT). Law students should contact the board of bar examiners in the jurisdiction(s) in which they are most likely to practice to obtain specific information about the exam format, fees, deadlines and applications.
MBE (Multistate Bar Exam):
The MBE is the Multistate Bar Exam. Almost all jurisdictions (except Louisiana, Washington, and Puerto Rico) use the MBE as a portion of their bar exam. The format of the exam consists of 200 multiple choice questions administered over a six hour period on the following six 6 subjects:
Contracts/Sales (34)
Real Property (33)
Torts (34)
Evidence (33)
Constitutional Law (33)
Criminal Law/Procedure (33)
The MBE is drafted by the National Conference of Bar Examiners who also draft and administer the MPRE. Each jurisdiction establishes its own passing score and the weight allocated to the MBE score varies from state to state. Therefore students should check with the board of bar examiners in the state in which they intend to practice, and is administered twice per year (February and July) in conjunction with your state bar exam. Students are strongly encouraged to take a bar review course to prepare for the MBE. It is an extremely difficult exam that requires a great deal of preparation and practice.
MPT (Multistate Performance Test)
The MPT is the Multistate Performance Test which 23 states use as a portion of their bar exam. This practical exam is designed to parallel realistic situations encountered by beginning attorneys and to test the fundamental skills required to complete various lawyering tasks. The MPT consists of two 90-minute questions (states can use one or both). A case file and library is given for each MPT question (similar to an actual case file). The case file usually contains a memorandum from a supervising attorney describing a written task to be completed. The library contains cases, statutes, rules, and regulations that may or may not be relevant in analyzing the problem. The exam is drafted by the National Conference of Bar Examiners and each jurisdiction establishes its own passing core and the weight allocated to the MPT score. Students should check with the board of bar examiners in the state in which they intend to practice.
For more information about the Bar Exam:
Bar Exam Study Aids
Prepare for the Bar Exam
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Kenneth Phelps is a ChooseLaw staff writer. He can be contacted by email at kenneth (at) chooselaw.com.
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