The February 2018 Bar Exam: Examining the Facts on the MBE

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Don’t ever assume facts when you read the fact pattern on the MBE question. There are no omitted facts in the MBE. Do not read into the question any facts that are not there or to assume any facts that are not there. Also, always assume that the facts are important. There are no red herrings on bar exams. Don’t feel any sympathy or hatred for anyone in the fact pattern. They are sometimes designed to elicit emotion from you in order to steer you to the wrong answer. For example, a serial murder will have a procedural defect he can rely on, so he will be found not guilty. You don’t want him to be found not guilty, so you look for the guilty answer choices and you end up picking the wrong answer.

As you read through the fact pattern, ask yourself why these facts are important. Since you have read the call of the question, you will have a better context of why the facts are there and why they are important. Make sure you pay attention to dates, ages, dollar amounts and parties. They will be important.

Also, look at the parties and how they are acting. For example, look for words like intentionally, knowingly, mistakenly, reasonably, etc. These words will be important when you look through the MBE answer choices.

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Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, North Carolina, Texas and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors,  email us at pass@barprofessors.com or see us on youtube.

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