Lecture 12 Comprehensive review and simulated Exam practice
Welcome to the final lecture of the four week Bar Prep Master
class. In this concluding session, we
will consolidate the core doctrinal knowledge acquired
over the previous 11 lectures and prepare for the application
phase of bar exam performance. This lecture is divided into 3
interrelated objectives, comprehensive doctrinal review,
simulated multiple choice analysis, and structured essay
writing for the Multi State Essay Examination Mee.
Our goal is not only to reinforce the legal principles
essential for the Multi State Bar Examination, MBE and ME, but
also to simulate real testing conditions with in depth
practice questions and model answers.
By practicing simulated questions under time conditions
and reviewing answers strategically, you will
strengthen your substantive recall, analytical precision,
and exam day performance. Let us begin with the first
component of this lecture, the comprehensive doctrinal review.
Now that we have refreshed the foundational law, let us move on
to our second objective, MBE question simulation and
strategy. The Multi State Bar Examination.
MBE comprises 200 multiple choice questions across 7
subjects, each testing the application of law through fact
patterns with the single best answer approach to MBE
questions. Read the call of the question
first, strategic first step before delving into the fact
pattern. Immediately turn your attention
to the last sentence, the call of the question.
This reveals the specific legal issue, allowing you to read
subsequent facts with the focus purpose, identify relevant
information and filter out distractions.
It provides a critical framework for your analysis, guiding your
thought process towards the correct legal principle.
Carefully analyze all facts, thorough and detail oriented
scrutiny. Every single fact in the
question scenario is deliberately included and serves
a purpose. There are no irrelevant facts on
the MBE. Each detail is placed to test
your understanding of a particular legal nuance, an
exception to a general rule, a narrow doctrine, or condition
precedent. Read the entire fact pattern
with meticulous attention, noting how each fact might
interact with others and influence the application of
legal rules. Overlooking even a single fact
could lead to misapplication of the law and an incorrect answer.
Eliminate clearly wrong answers. Systematic reduction of options.
Once you understand the facts and legal issue, begin
eliminating unequivocally incorrect answer choices.
Reasons for elimination might include misstating A fundamental
legal principle, relying on facts not present in the
scenario, applying a rule from a different area of law,
presenting an illogical conclusion given the facts.
By actively eliminating incorrect options, you increase
your chances of selecting the correct answer, narrowing
possibilities and forcing critical evaluation against
established facts and legal rules.
Choose the best rule based answer.
Precise application of legal principles.
After eliminating clearly wrong answers, you will often be left
with two or more plausible choices.
Select the answer that most precisely and accurately applies
the correct legal principle to the specific facts.
Avoid decisions based on what feels right or on broad policy
considerations not explicitly tested.
The MBE demands A rigorous rule based approach.
The correct answer reflects the most accurate and precise
application of the governing legal rule, including any
relevant exceptions or conditions to the factual
scenario. Lean towards the answer
demonstrating a deep understanding of the specific
legal doctrine rather than a generalized interpretation.
Sample MBE Question A buyer and a seller enter into a detailed
written contract for the sale of custom manufactured goods.
The contract specifies precise dimensions, materials, and
quality standards. Upon delivery, the buyer
meticulously inspects the goods and immediately discovers
significant deviations from the contract specifications,
including incorrect dimensions and substandard materials.
The buyer promptly notifies the seller of the nonconformity via
certified mail, explicitly detailing the discrepancies.
However, due to urgent operational needs, the buyer
reluctantly commences using the goods, albeit under protest and
while continuing to seek resolution with the seller under
the Uniform Commercial Code, UCC.
What is the most likely legal outcome regarding the buyer's
rights and remedies in this scenario?
A. The buyer has definitively
waived any and all remedies by initiating use of the
nonconforming goods regardless of timely notification.
B. The buyer retains the right to
revoke acceptance of the goods, but this right is contingent
upon first allowing the seller a reasonable opportunity to cure
the nonconformity. C The buyer is entitled to
recover damages for the seller's breach of contract even though
the buyer has continued to utilize the non conforming
goods, provided that timely and proper notice of the breach was
given. D The buyer has no further
recourse against the seller because the act of using the
goods constitutes an implied acceptance, thereby
extinguishing any claims for nonconformity.
Correct Answer C Under the Uniform Commercial Code, UCC, a
buyer who accepts nonconforming goods is not necessarily
precluded from recovering damages.
Specifically, UCC Article 2 allows a buyer to accept goods
and still pursue remedies for breach if the buyer provides
timely notice of the nonconformity to the seller.
Continued use of the goods, especially when done under
necessity and accompanied by clear, timely notification of
the breach, does not automatically waive the buyer's
right to damages. The key is prompt and explicit
notification of the breach, preserving the buyer's right to
seek compensation for the seller's failure to deliver
goods that conform to the contract specifications.
Drill tip to optimize your preparation, dedicate specific
blocks of time to practice. 25 questions per subject.
Ensure these sessions are conducted under strict time
conditions to simulate the actual exam environment.
Following each block, thoroughly review all explanations,
regardless of whether your answer was correct or incorrect.
Pay particular attention to identifying the root cause of
your errors, whether they stem from gaps in your substantive
legal knowledge or from misinterpreting the question or
factual scenario. This detailed analysis will help
you refine both your understanding and your test
taking strategy, meet essay strategy and practice.
The Multi State Essay Examination Mee comprises 6
distinct 30 minute essays meticulously designed to assess
a candidate's proficiency in both critical issue spotting and
comprehensive legal analysis. Each essay presents a unique
factual scenario requiring the examinee to identify all
pertinent legal issues, articulate the relevant legal
rules, apply those rules to the given facts, and reach a
reasoned conclusion. Essay structure IRAC method
Employ the robust IRAC issue rule application conclusion
method consistently for each major legal issue identified.
Begin by clearly stating the legal issue presented by the
facts. Next, articulate the applicable
legal rule, citing relevant black letter law or common law
principles. The most crucial step is the
analysis or application, where you meticulously apply the
stated rule to the specific facts provided in the prompt,
explaining your reasoning and demonstrating your understanding
of how the law interacts with the facts.
Finally, draw a concise and logical conclusion based on your
analysis. Use Headings Enhance the clarity
and organization of your essay by utilizing clear, descriptive
headings for each major legal issue or sub issue.
This not only makes your essay easier for the greater to
follow, but also helps you structure your thoughts and
ensures that you address all components of the prompt
systematically. Balance depth and Brevity When
drafting your essays, strive for an optimal balance between
providing sufficient depth for major legal issues and
maintaining brevity for minor or ancillary points.
Allocate the majority of your time and analytical effort to
thoroughly discussing the central, more complex issues.
For minor issues, acknowledge their presence succinctly,
perhaps by stating the rule and a brief conclusion without
delving into extensive analysis. This strategic allocation of
time is crucial for completing all essays within the strict
time limits. Sample Essay Prompt Contracts A
business owner ordered 500 units from a supplier at their list
price with the requested shipment date of July 1st.
In a signed letter, the supplier agreed but stated they would
ship by July 10th. The owner canceled the order on
July 5th, leaving the supplier to sue.
Issues whether a contract was formed.
This is a fundamental question in contract law.
It involves determining if there was a valid offer, acceptance
and consideration, along with an intent to create legal relations
and capacity among the parties. The presence of these elements
dictates whether a legally binding agreement exists,
whether the suppliers response constituted an acceptance or
counter offer. When a supplier responds to an
offer, their communication can be interpreted in different
ways. An acceptance signifies
agreement to all terms of the original offer.
However, if the response introduces new or modified
terms, it may be deemed a counter offer, effectively
rejecting the original offer and proposing a new one.
This distinction is crucial for understanding the ongoing
negotiation and the formation of a contract.
Effective shipment delay under UCC Under the Uniform Commercial
Code, UCC, a delay in shipment by a supplier can have various
legal consequences. These consequences depend on the
materiality of the delay, whether time was of the essence
in the contract, and the specific provisions of the
contract itself. Potential effects include the
buyer's right to reject the goods, recover damages for non
delivery or late delivery, or in some cases, terminate the
contract entirely. The UCC aims to provide clear
rules for commercial transactions, including remedies
for breaches like shipment delays.
Model response Excerpt The initial communication from the
business owner constituted A valid offer, clearly outlining
the terms for a potential agreement.
Subsequently, the supplier's response while expressing
agreement on fundamental aspects such as price and quantity
introduce a modification concerning the shipment date
proposing a later delivery. Tips for essay success.
Memorize common frameworks, negligence, contract formation,
equal protection scrutiny. Use the facts precisely.
Do not make up hypotheticals. Avoid conclusory statements.
Always link facts to rules. In the context of the Uniform
Commercial Code, UCC and its Battle of the Forms provisions,
A crucial principle dictates that a definite and seasonable
expression of acceptance, even if it proposes minor alterations
or additions to the original terms, can still effectively
establish a contract. The proposed shift in the
shipment date to July 10th is generally not considered a
material alteration to the contract under the UCC.
Material alterations are those that would significantly change
the rights or obligations of the parties or impose undue
hardship. A slight adjustment in delivery
time, especially if reasonable, typically falls outside this
category. Therefore, a legally binding
contract was indeed formed between the business owner and
the supplier. Consequently, any attempt by the
business owner to unilaterally cancel the contract based solely
on this proposed delay is likely to be deemed improper.
Unless the delay in shipment is so substantial or impacts the
core purpose of the contract to an extent that it could be
classified as a material breach, the contract remains
enforceable. A material breach would
fundamentally undermine the agreement justifying a
Therefore, a legally binding contract was indeed formed
between the business owner and the supplier.
Consequently, any attempt by the business owner to unilaterally
cancel the contract based solely on this proposed delay is likely
to be deemed improper. Unless the delay in shipment is
so substantial or impacts the core purpose of the contract to
an extent that it could be classified as a material breach,
the contract remains enforceable.
A material breach would fundamentally undermine the
agreement, justifying a termination of the contract and
potentially leading to damages. Practice Plan Complete 2 full
essays per study day, focusing on varying topics and legal
areas to ensure comprehensive coverage.
Submit at least six time essays before the exam, simulating exam
conditions to build endurance and time management skills.
Compare your responses to model answers, meticulously
identifying areas for improvement in argumentation,
legal analysis, and clarity. Conclusion This final lecture is
designed not only to consolidate your legal knowledge, but also
to bridge theory with exam performance.
Mastery on the bar exam requires synthesis, doctrinal command,
analytical skill, and discipline practice.
With these tools, you are positioned to enter the bar exam
confidently. Stay strategic, stay focused,
and remember legal reasoning under pressure is a practice
skill. This four week program has
equipped you to meet that challenge head on.
You have reached the final checkpoint in this master class.
Go forward and demonstrate what you know.