·
Look for the more precise
answer: That is a better choice – one that incorporates more facts and more of
the law relevant to your fact pattern.
·
Be careful of those absolutes.
If you see words like must, always, never, etc., be careful, because we know
that the law almost never deals in absolutes. They are few absolutes in the
law.
·
Look for conjunctions. Be
careful when you see words like because, if, only if, unless, etc. Those
conjunctions are designed to try to trick the reader, especially the careless
reader. For example, you’ll see a question that says, if the jury believes the
defendant, it is because…. This example wants you to focus on the defendant’s
defense, not whether the defendant is guilty.
·
Be careful of distractors.
Common distractors for evidence are the best evidence rule and prejudicial v.
probative. Make sure you know when you can use these two as the right answer or
else they may be distractors.
·
Be careful of sympathy or
dislike. The MBE likes to pull at your heart strings a bit too. Sometimes they
have a really reprehensible defendant who has a legitimate “procedural” issue
that makes him not guilty, i.e. an improper search and seizure. You want to
find him guilty, but the police make an error and the evidence is suppressed.
Similarly, you’ll see a sympathetic person who commits a cause of action or a
crime and must be either liable or guilty. Don’t let emotion rule the day.
Remember, that common mistakes in choosing the answer come from not knowing the law, not reading the fact pattern carefully, or not reading the call of the question.
The MBE & UBE Testing Institute knows that taking the bar exam as a repeat taker can be an isolating experience. The MBE & UBE Testing Institute helps the student keep motivated and confident through interaction with an MBE & UBE Testing Institute’s bar tutor.
If you need help passing the MBE, contact the MBE & UBE Testing Institute at pass@mbetestinginstitute.com for more information, like us on facebook at UBE& MBE Testing Institute, and follow us on twitter @MBETesting
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