Multistate Essay Exam (MEE) Overview & Strategies Creighton Supplemental Summer Bar Prep Program Summer 2017 Professors Cote and Real Multistate Essay Exam (MEE) Overview & Strategies

OVERVIEW OF BAR EXAM MEE STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS SPECIFIC KEYS BAR EXAM MEE SCORERS ARE LOOKING FOR – WRITING YOUR ESSAY

OVERVIEW OF BAR EXAM MEE UBE and Most Other Jurisdictions = 6 Essays, 3 Hours = 30 Minutes Each May Come From Any MBE Subject + Conflicts, Family, Agency – Often Mix Scored By Individual Jurisdictions – Often a Six-Point Scale, Not Always Weight Determined By Individual Jurisdictions – UBE = 30% of Total Score Importance: February 2017 Creighton Takers = Nearly a Bright Line For Passage: Those Who Averaged 4+ on MEE & MPT Portions = Passed Those Who Averaged 3 or Less on MEE & MPT Portions = Did Not Pass

OVERVIEW OF BAR EXAM MEE Tier One: Subjects Tested on the Multistate Essay Exam More than 9 times since 2007.   Civil Procedure (18 full essays) Family Law (14 full essays) Corporations and LLCs (in recent years, Corporations or Agency/Partnerhship– rather than both – tend to be tested) (13 full essays) Secured Transactions (12 full essays) Trusts and Future Interests (this has become more popular than Decedent’s Estates in recent years) (12 full essays) Contracts (12 full essays) Agency and Partnership (11 full essays, and 2 essays combined with another subject) Real Property (11 full essays) Decedent’s Estates (Wills) (10 full essays)

OVERVIEW OF BAR EXAM MEE Tier Two: Subjects Tested on the Multistate Essay Exam between 6-9 times since 2007. Constitutional Law (9 full essays) Evidence (9 full essays, 1 essay combined with another subject) Torts (7 full essays, 2 essays combined with another subject)

OVERVIEW OF BAR EXAM MEE Tier Three: Subjects Tested on the Multistate Essay Exam Less than 5 Times  Since 2007 Criminal Law (4 full essays, 1 essay combined with Criminal Procedure) Criminal Procedure. (4 full essays, 2 essays combined with Criminal Law and Evidence) Conflict of Laws. This is usually combined with Wills and Trusts, Family Law, or Civil Procedure. It is not tested on its own. (0 full essays, 6 essays combined with another subject such as Torts, Family Law, and Civil Procedure) (NOTE: “Only” 5 times since 2007 = Still Common = 25%)

OVERVIEW OF BAR EXAM MEE BarBri Workshop Last Weekend – Kaplan Workshop Earlier This Week – Comprehensive Review Class Did Several + Workshop

OVERVIEW OF BAR EXAM MEE BarBri Workshop Last Weekend – Kaplan Workshop Earlier This Week – Comprehensive Review Class Did Several + Workshop Some Similarities to Legal Writing in How To Be Effective

OVERVIEW OF BAR EXAM MEE BarBri Workshop Last Weekend – Kaplan Workshop Earlier This Week – Comprehensive Review Class Did Several + Workshop Some Similarities to Legal Writing in How To Be Effective In Other Words: Doing Well on Bar Exam Essays is NOT a Mystery – the Key is in Execution and Consistency – and Practice is REALLY Important

OVERVIEW OF BAR EXAM MEE There is No “MAGIC” Bullet for Mastering the MEE Beyond Hard Work and Practice – But We Do Have Some Strategies

OVERVIEW OF BAR EXAM MEE There is No “MAGIC” Bullet for Mastering the MEE Beyond Hard Work and Practice – But We Do Have Some Strategies Time Management Approach to Working Through Questions

OVERVIEW OF BAR EXAM MEE There is No “MAGIC” Bullet for Mastering the MEE Beyond Hard Work and Practice But There ARE Some Specific Things That Scorers are Looking For

OVERVIEW OF BAR EXAM MEE There is No “MAGIC” Bullet for Mastering the MEE Beyond Hard Work and Practice But There ARE Some Specific Things That Scorers are Looking For Organization Thoroughness Clarity

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Working Through MEE Questions Effectively is Really All About Time Management Big Picture Time Management – MEE Section As A Whole Small Picture Time Management – Individual MEE Questions

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Big Picture Time Management – MEE Section As A Whole 1. Divide Time Equally for Every Question -- Fixed Amount of Time to Complete the Entire MEE Section Typically 3 Hours for 6 Questions = 30 Minutes Per MEE Every Question Worth Same Amount – No Extra Credit, Few “Perfect” Scores Really Important NOT To Spend Too Much Time on Any One = Not Enough Time for Others

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Big Picture Time Management – MEE Section As A Whole 2. Start With The First MEE And Answer Them IN ORDER Avoid Temptation To Flip Through Looking For Something Specific (Good or Bad) = You HAVE To Answer All of Them Anyway, Just Wasting Time 3. Monitor Your Time – Find The Clock As Soon As You Enter Room (Watches?) – When Time For Each is Almost Up, Outline Remainder and MOVE ON – Can Come Back At End if Finish Early

Small Picture Time Management – Individual MEE Questions 1. Have A Plan For How Much Time to Spend Organizing And How Much Time to Spend Writing Good Rule of Thumb = 1/3 of Time On Each Question Reading and Organizing And 2/3 of Time on Each Question Writing, Editing, and Proofreading

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Small Picture Time Management – Individual MEE Questions 2. Start At The End – Read The Call of The Question First Helps Identify Subject Matter Helps Identify Topics Within Subject Matter Gives You an Idea of What is Important As You Read for The First Time

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Small Picture Time Management – Individual MEE Questions 3. Skim The Question for Legal Focus Confirm Subject and Topic Being Tested Think About Rules / Tests / Factor Analysis That Governs Answering Call of The Question Bullet Outline Rules / Tests / Factor Analysis BEFORE Reading Facts More Slowly

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Small Picture Time Management – Individual MEE Questions 4. Read the Question / Facts Carefully and Actively Identify the Legal Relationship of the Parties – Usually Important Identify How Parties and Actors Differ From One Another – Usually Important Identify and Highlight Key Dates – Rarely Included Unless Important Identify FACTS That Go Along With the Rules / Tests / Factor Analysis You Outlined (NOTE: Many Jurisdictions Prohibit Highlighters – Get Used to Underlining / Circling / Etc.)

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Small Picture Time Management – Individual MEE Questions 5. PLAN Your Answer Outline the Rules – Thoroughly, General to Specific, Etc. (More on This Later in Scoring Keys) Outline the Application – Match the Key Facts to the Rules – Thoroughly (Again, More in Scoring) Determine Your Conclusion

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Small Picture Time Management – Individual MEE Questions 6. Read Entire Question / Facts One More Time Look for Facts You Have Not Used – SHOULD You Be Using Them? Usually, Yes. Check Off Facts You Have Put Into Outline To Be Sure Confirm You Have Details Correct

STRATEGIES FOR WORKING THROUGH BAR EXAM MEE QUESTIONS Small Picture Time Management – Individual MEE Questions 7. Use Remaining Time To Write, Edit, and Proofread Keep Scoring Keys (Discuss Next) In Mind Important to Edit and Proofread = Distractions Impact Scoring

WRITING YOUR ESSAY: SCORING KEYS

WRITING YOUR ESSAY: SCORING KEYS Scorers Are Looking for Specific Keys: Organization Thoroughness Clarity

WRITING YOUR ESSAY: SCORING KEYS ORGANIZATION

WRITING YOUR ESSAY: SCORING KEYS ORGANIZATION Scorers ARE Looking For A Particular Format = IRAC / CRAC ISSUE / CONCLUSION (I/C) RULES (R) APPLICATION (A) CONCLUSION (C)

WRITING YOUR ESSAY: SCORING KEYS ORGANIZATION IRAC / CRAC For EACH Issue Presented MEE Questions Often Have Multiple Issues – Organize to MATCH Label Each Issue Clearly – If Labels In Question, MIRROR Each Issue Gets Its Own IRAC / CRAC

WRITING YOUR ESSAY: SCORING KEYS ORGANIZATION Use PARAGRAPH BREAKS And SIGNPOSTS Set Forth RULES In Paragraph(s) Separate And Before APPLICATION SIGNPOST Rules and Application “Under . . .” = Signpost That You Are Setting Out Rules “Here . . .” / “In this case . . .” = Signpost That You Are Starting to Apply

WRITING YOUR ESSAY: SCORING KEYS ORGANIZATION Remember to Provide CONCLUSION At End Directly Answer Call of Question Do NOT Hedge – Maybe, Possibly, Could Go Either Way = NOT CONCLUSIONS

WRITING YOUR ESSAY: SCORING KEYS THOROUGHNESS

WRITING YOUR ESSAY: SCORING KEYS THOROUGHNESS Internal Diagnostics + Discussions With Unsuccessful Takers = THIS Is A Big Reason Why People Do Not Succeed Approach = Audience Is A Lay Client = You Need To Walk Through EVERYTHING Step By Step Rules – ALL From General To Specific Application to Facts – Every Step and Connection Scorers Cannot Read Your Mind or Guess Connections You Are Making

WRITING YOUR ESSAY: SCORING KEYS THOROUGHNESS THOROUGNESS ON RULES – (Under . . . ) Start With General / Broad Rule First – EVEN If Issue Goes To Particular Element Or Exception – Then Work to More Specific Rules Consider and Include Relevant Exceptions or Defenses Define Terms of Art Include EVERY Element or Factor or Requirement or Consideration – Step By Step By Step By Step

WRITING YOUR ESSAY: SCORING KEYS THOROUGHNESS THOROUGNESS ON APPLICATION -- (Here . . . / In this case . . . ) Use DETAILS and Specific Facts In Question CONNECT Facts to Rules – Use “Phrase That Pays” From Rules to Show Connection Again, Go Through Process Step By Step By Step By Step

WRITING YOUR ESSAY: SCORING KEYS THOROUGHNESS THOROUGHNESS ON CONCLUSION – (“Therefore . . .”) Do NOT Forget to Reach a Conclusion – Questions Need Answers Be Sure You Answer the Call of the Question Directly

WRITING YOUR ESSAY: SCORING KEYS THOROUGHNESS Pick Your Metaphor / Simile: “Beating a Dead Horse . . .” “Showing Your Work Just Like in High School Math . . .” ”Laying Out As If Writing ‘Analysis For Dummies’ . . .” You Only Get Credit for What You WRITE ON THE PAGE – May Get Some Credit For HOW You Get Where You Get, Even if Wrong – Garner Little Credit For Right Answer Without Showing HOW or WHY You Reached That Answer

WRITING YOUR ESSAY: SCORING KEYS CLARITY

WRITING YOUR ESSAY: SCORING KEYS CLARITY Type Your Answers If At All Possible --- MUST Be Legible Proper Grammar, Punctuation, Spelling, Etc. DOES MATTER = Distractions, Etc. When Reading and Scoring A Lot of These Impact Scores Avoid Symbols and Abbreviations UNLESS Commonly Understood (UCC, FRCP, etc.) – Avoid Your Own Notetaking Shorthand Abbreviations

FINAL THOUGHTS Biggest Reasons For Lost Points: Skimming to Look for Particular Favorite / Least Favorite Question Other Mismanagement of Time Lack of Thoroughness in Rules and/or Application Incomplete or Rambling Sentences, Improper Grammar, Spelling Errors (Distractions) Ie. Bad Time Management, Lack of Thoroughness, Lack of Clarity