THE BAR EXAMINATION

Multistate Bar Examination: The MBE exam takes place on the 2nd day of the exam. The MBE exam is 200 multiple choice questions prepared by the NCBE. The MBE takes place across the US on the same day in about 45 different states. The exam consists of 2 three-hour exams. The exam begins at 9 AM  and continues until 12 noon, whereupon there is a break. At 1:30 the second session takes place and ends at 4.30

There are 200 questions on the exam. 100 in the morning and 100 in the afternoon.  34 questions are on Contracts and Torts. There are 33 questions on Evidence, Constitutional Law, Real Property and Criminal Law. Each multiple choice question contains anywhere from one to seven or eight paragraphs of facts followed by four answers. The candidate must pick the answer he/she feels is the most correct. Often, more than one question will appear to be a correct option. What is required is to pick the most correct answer.

Except where noted, the questions must be answered in accordance with the multi-state law, as opposed to New York law which will often differ from the multi-state law. The evidence questions are primarily  based on the Federal Rules of Evidence.

SmarterReview recommends that you complete at least 500 practice questions prior to taking the exam. As far as possible, try to practice by tackling past exams rather than simulated questions. (The 1998 and 1991 MBE exams come as part of the SmarterReview course.)

How is the Bar Exam graded?

The essay questions are graded in accordance with a set marking formula. The SCORE achieved by the candidate is called the essay raw score. The number of questions correctly answered by a candidate on the fifty NY multiple choice questions is the raw score for that portion. Similarly, the number of questions correctly answered on the MBE exam constitutes the candidates raw score for the MBE portion.

The raw scores are THEN converted into scaled scores on a scale of 0 to 1000, and the 3 scaled scores are weighted and added to provide a  total weighted scaled score. The essays is given a 40% weight, the MPT  and the NY multiple choice are given 10% EACH, and the MBE portion is weighted at 40%.

If a candidate receives a weighted score of 650-669, the essays are re-read and regarded by new graders. For each essay, the old score and the new score is averaged to arrive at an ultimate scaled score. The total exam scores are then recalculated to arrive at a final overall scaled score. Unfortunately, one can not appeal one’s final score.

No single part of the exam is determinative. In other words, one can not pass or fail on the basis of any one part of the exam. Accordingly, a lackluster score on one part of the exam can be offset by a high score on another part. In other words, whether a candidate passes or fails, can only be decided by the candidates final total weighted scaled score.

The current pass mark is a total weighted scaled score of 660, there are plans to increase the pass mark.  Any candidate who fails the exam must retake the entire exam.