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THE SECRET TO THE MBE IS……
The MBE, is nothing more than, a FACT SENSITIVE, READING COMPREHENSION EXAM and 10% of the facts holds the answer to the question. When you learn how to narrow you focus on the 10% you will see the answers! http://www.ncbex.org/multistate-tests/mbe/
Use our BARCoach Conscious Approaches to the MBE FREE!
Each MBE subject has specific words and terms, you need to narrow your focus on and look for during the learning process. When you use our “Conscious Approach” to the MBE, you will learn how to narrow your focus, on 10% of the facts that leads you to the correct answer. When you learn to narrow your focus on what’s important, during the learning process, you will make your study time twice as effective!!!
In each Fact Pattern there are Golden Nuggets. The “Golden Nuggets” are the 10% of the facts that hold the correct answer to the question. That means 90% of the facts are nothing but filler and mean absolutely nothing in terms of answering the MBE question’s correctly.
Try the approaches below and you will soon discover the secret to maximize your study time by narrowing you focus on the facts that matter.
The key is to follow the steps below during the learning phase. Your ability to learn the law, retain the law and analyze fact patters will be enhanced ten fold.
There are three parts to every MBE question.
1. The Fact Pattern
2. The Call of the Question
3. The Answer Choices
Number of Questions Per Subject
Evidence 33
Contracts 34
Constitutional Law 33
Real Property 33
Torts 34
Criminal law approx 20-21
Criminal Procedure approx 11-12
Basic 4 Step process to the MBE questions (see it on youtube at the link below) http://uk.youtube.com/watch?v=w6C5JS-P4ko&feature=channel_page
1. Scan the answers choices first!
2. Read the fact pattern looking for “Golden Nuggets”
3. Read the call of the question
4. Select the BEST answer for the FACTS provided
1. Scan the answers choices first!
When you scan the answer choices first, it will give you great insight as to what area of law the question is addressing and helps you narrow you focus, on what to look for BEFORE, you begin to read the facts! It will feel a little awkward at first and you will soon discover, it’s the fastest way to determine what area of law is at issue.
2. Read the fact pattern using the BARCoach “Conscious Approach”
Circle 15-25 legal words and terms (The Golden Nuggets) per fact pattern while using BARCoach conscious approaches. When you narrow your focus, during the learning process, you will begin to recognize facts, words and terms that apply to specific answer choices. Each MBE subject has it’s own approach. (See them below)
Additionally, in ALL MBE subjects look for transitional words and phrases. Examples are… if, if only, unless, however if, although, because, and, or, assume that. Transitional words can turn questions upside down and be confusing. Additionally, many important legal words and phrases will follow transitional words. So, when you are consciously aware of transitional words and spot them in the fact pattern, the transition will be easy to handle.
3. Read the call of the question
Read the call of the question carefully. Because, it will address the specific inquiry you are required to answer. Be cautious here!!!! WHAT are they REALLY asking you for Common Law, Modern Law, Majority, Minority or to follow the given statue?
4. Select the BEST answer for the facts provided
Often, there is more than one correct answer! You must find the best of the given choices. Do this by a process of eliminating the ones you know are incorrect. It’s often easy to eliminate two of the four answer choices, increasing your odds significantly to select the best choice.
The BARCoach “Conscious Approach” to the MBE Exam
6 Step Approach to Evidence (see it on youtube at the link below)
*Follow Federal Evidence Rules of Law
1. What type of Case is at issue?
a. Criminal Case
b. Civil Case
2. Where in the trial process are we?
a. Pre-lim hearing
b. Grand jury hearing
c. Direct examination
d. Cross examination
e. Re-direct
3. Who is on the witness stand testifying?
a. Plaintiff
b. Defendant
c. Actual witness to crime or accident
d. Expert witness
4. What TYPE of evidence is at issue?
a. Sensory
1. Sight…what someone saw
2. Sound…what someone heard/said
3. Scent… what someone smelled
4. Taste…what someone tasted
5. Touch…what someone felt
b. Physical Evidence
Book of authority, business docs, notes, photo, gun, knife, drugs ECT…
c. Character evidence
1. Specific act
2. Opinion
5. Find the Hearsay Exception or Exemption!
Remember there is a difference between the two and they eat up the general rule!
6. Is it Relevant or have Probative value?
6 Step Approach to Contracts (see it on youtube at the link below)
*Follow common law for services and UCC for sale of goods!
1. Narrow your focus on what’s important in the fact pattern. “The golden nuggets”
a. Dates (create a time line)
b. Dollar amounts ($500 UCC-sales of goods)
c. Words of Offer, Acceptance, Rejection, Consideration and Conditions
2. Is the contract for services or goods?
a. Services are controlled by common law
b. Goods over $500 by UCC
3. Is it in Writing or Verbal?
Contracts that must be in writing are marriage, one year to complete, sales of goods over $500, sales of real estate
4. Who are the contracting parties?
a. Merchants
b. Non-Merchants
Know the special rules that apply to merchants under the UCC
5. Are there any third party rights?
6. What are the possible defenses?
3 Step Approach to Constitutional Law (see it on youtube at the link below)
*Follow Federal Constitution Law
1.THE WHAT
What level of government is trying to pass or enforce a law? 5 levels to be aware of are…
1. City
2. State
Federal branch has 3
3. Congress
4. Executive (The President)
5. Judicial (The Supreme Court)
Ask yourself, do they have the power to enforce this law or are they usurping another governmental entities power? And, what part of the Constitution gives them power?
2. THE WHO
Who are they trying to pass of enforce the law against?
a. One government over another?
b. Government over religion/church/group?
What is their scrutiny level?
c. Government over individual rights?
Are fundamental rights at issue?
Do they have Standing?
3. THE WHY
Why are they REALLY trying to pass or enforce THIS law?
Is their reason Constitutional?
Is the issue a moot point?
4 Step Approach to Real Property
In property, the answer choices will automatically tell you what area of property law the question is asking about. And, just like contracts you must focus on DATES, DOLLAR AMOUNTS AND WHO THE PARTIES ARE!
1. Narrow your focus on what’s important in the fact pattern. “The golden nuggets”
In addition to dates, dollar amount and who the parties are, look for legal terms! Property is driven by the legal terms in the fact patterns. They will lead you to the correct answer choice.
2. What type of property right/interest is at issue?
a. Ownership types
Fee simple, Fee tail, Life estate
` b. Future interests
Reversion, possible reverter, right of re-entry, remainders, executory interests
c. Landlord/tenant aka Non-freehold estates
Estate for years, periodic tenancy, tenancy at will, tenancy at sufferance
d. Non-possessory
Easements, profit, license, covenants, equitable servitude
e. Conveyances
Sales of land, deed delivery, recording acts, mortgages
f. Concurrent estates
Tenants in common, joint tenancy, tenancy by the entirety
3. Follow the given statutes to a “T”
4. Is there a written contract or is it only verbal?
6 Step Approach to Torts
*Follow Restatement of Torts, unless they tell you other wise or give a statute to use.
Approaches to crimes and torts are very much alike! They are driven by specific words and terms that show ”INTENT” and “KNOWLEDGE” to commit a crime or do and act that results in harm to another. The “golden nuggets” are words of knowledge, mental state, and actions, because, they will direct you to the correct answer.
*Remember intent in torts is base on intent to do the act that caused the resulting harm. NOT intent to cause harm that results.
1. Focus on verbs, action words that describe what the defendant did. Examples are Shot, hit, push, stabbed, ran, jumped, drove, robbed, hid, stole, pulled, pushed, dragged, attacked, moved, threw, tossed, grabbed,
2. Focus on adjectives, descriptive words that give rise to the mental state of the defendant. Examples of mental state are angry, enraged, sad, decided, thought, depressed, in control, happy, distraught, elated, insane, crazy, dissolution, out of control, under the influence, drunk, mad.
3. Focus on words that tell us what the defendant knew or agreed to. Examples are heard, said, told, agreed, discussed, over heard, saw, looked at, decided, knew, knowingly, intentionally, thought, mindful, expressed.
4. Who are the parties?
a. Who did what to whom and why? Think about possible defenses!
5. What are the possible tort actions?
a. Intentional
b. Negligence
c. Defamation
6. Are all elements of the tort complete and satisfied?
6 Step Approach to Criminal Law
*Follow the MAJORITY! Which is often common law! Except in Burglary ONLY follow common law UNLESS they ask specifically for MPC or give a statute to use.
1. Focus on verbs, action words that describe what the defendant did.
Examples are Shot, hit, push, stabbed, ran, jumped, drove, robbed, hid, stole, pulled, pushed, dragged, attacked, moved, threw, tossed, grabbed,
2. Focus on adjectives, descriptive words that give rise to the mental state of the defendant.
Example of mental state are angry, enraged, sad, depressed, in control, happy, distraught, elated, insane, dissolution, out of control, under the influence, drunk, crazy, mad.
3. Focus on words that tell you what the defendant knew or agreed to.
Examples are heard, said, told, agreed, discussed, over heard, saw, look at, knew, knowingly, agreed, thought, mindful, expressed,
4. What are the possible crimes?
a. Homicide
b. Theft Crimes
c. Crimes against habitation
d. Crimes against people
e. SAC Solicitation, Attempt, Conspiracy
5. Are all elements of the crime complete and satisfied?
6. What are the possible defenses?
* Remember, these approaches, have been developed to use during the study/learning process!!
If you have any questions please call Laura Wilson (949) 698-5432
Best of luck,
BARCoach.com
