Information about the content of the New York Bar Exam

New York Portion: The first day of the new york bar exam is the New York essay portion, which consists of 5 essay questions and fifty multiple choice questions. The questions are set by the New York Bar examiners Board. The first day also has a  Multistate Performance Test (MPT) question. The MPT IS set by the National Conference of Bar Examiners.

The am session, starts at 9:00 A.M. and ends at 12:15 P.M. Applicants must TACKLE three essays and 50 multiple choice questions in 3 hours and 15 minutes. Applicants MAY allocate their time as they wish. However it is recommended that candidates  spend forty minutes per essay and 1.5 minutes per multiple choice question.

The pm session starts at 1:30 P.M. and ends at 4:30 P.M. Candidates must finish the final 2 essays and the MPT in 3 hours. Applicants MAY allocate their time as they wish. However it is recommended that candidates  spend forty five minutes per essay and one hour and thirty minutes  on the MPT question. The MPT, set by the NCBE, is a NINETY minute task requiring applicants to finish the question using  the source materials that come with the exam. The assignment is outlined in a letter from a partner. The assignment may require you to  prepare a memorandum supporting a motion, or a brief analyzing whether there is a basis to object to formation of a trust, or perhaps you will be asked to draft a complaint or perhaps a discovery response. The task may contain an ethical issue. Applicants will be given a folder containing the necessary resources from which they must comprehend the factual make up of the case. They are also given various cases, statutes or regulations. Sometimes all the cases in the library are relevant, sometimes one or more of the cases are thrown in as a red herring.

SmarterReview recommends that you tackle the MPT question first. Because the MPT question gives you all the information you need to answer the question, the marks are there for the taking. As long as you have common sense, you should be able to score highly on this question.

The New York essay part of the exam tests on both procedural and substantive law. It will test on at least some of the  six topics covered on the (MBE). Although it is never guaranteed, there will almost certainly be a question on contracts and torts. Both of these questions are often combined with each other and /or a NY Practice question. In addition there will almost certainly be a question on criminal law or criminal procedure, often combined with an evidence question. Property questions if they come up are often combined with a trusts or wills questions.

Additionally, the exam may test you on Business Relationships, Professional Responsibility, Remedies, Conflict of Laws, New York and Federal Civil Jurisdiction, Articles 2, 3, and 9, New York Constitutional Law,  Family Law, Trusts,  and Wills and Estates including Estate Taxation. It is rare that a question will be limited to a single topic.

All questions are designed to test the candidates capacity to analyze a given fact pattern, to identify and understand the legal principles involved and to correctly arrive at a logical and hopefully correct conclusion. The candidate should illustrate a recognition of all legal issues contained in the fact pattern. He/she should also be able to explain the issues of law that are relevant and provide the analysis by which the answer has been reached. The response should be coherent, legible and concise.

Candidates have to strike a delicate balance between addressing the issues that are presented by the fact pattern without straying off point, but also fully explaining why their conclusion applies specifically to the facts presented. This sometimes involves a small degree of explanation why an alternative answer is not applicable to the instant facts.

Even if a candidate is not sure of the correct answer, a portion of the  marks are awarded for well thought out analyses of the issues and legal principles involved, even if ultimately, the final answer is not correct.

The New York multiple choice questions ask the candidate to pick the most correct answer from four possible alternatives. The New York multiple choice questions are notoriously difficult, so don’t freak out if you find the going really tough for this part of the exam. Everyone will be finding it equally difficult.