texas bar exam sample essays

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Texas Bar Examination Information and Resources

To practice law in the state of Texas, students from ABA-accredited law schools must take and pass the Uniform Bar Examination (UBE), the Multistate Professional Responsibility Examination (MPRE), and apply for bar admission through the Texas Board of Law Examiners. Preparing for your bar admission will begin in your first semester in law school. Students should be aware of the organizations which administer the UBE and the MPRE, the components of the UBE, and available study resources. The organizations involved include:

• The National Conference of Bar Examiners (NCBE) — Provides standardized examinations for use by states’ bar admission authorities.
• The Supreme Court of Texas — Determines the qualifications for applicants to be licensed to practice law in Texas.
• Texas Board of Law Examiners (BLE) — Administers the process of licensure to practice law in the state of Texas.

RESOURCES: NCBE: www.ncbex.org/ Texas Supreme Court: www.txcourts.gov/supreme BLE: ble.texas.gov/home NCBE jurisdiction information for Texas: www.ncbex.org/jurisdiction-information/jurisdiction/tx

Submit Your Declaration of Intention to Study Law

Students in their first semester of law school will submit their Declaration of Intention to Study Law (Declaration) to the Texas Board of Law Examiners. This process is essential for students who intend to practice law and apply for licensure in Texas. You can submit your Declaration through the module on the following page: ble.texas.gov/declaration-of-intention-to-study-law . The Declaration requires detailed information about:

For any questions you may have about your Declaration, please refer to the Admissions department.  

• College attendance
• Employment history
• Residence history
• Six personal references.

Students will submit with their Declaration the following documents:

• Certification form and Authorization and Release form
• Law school application with all attachments
• Birth certificate, or other compliant document
• Any other documents required by disclosures.

Students submitting their Declaration must also undergo a fingerprinting background check process, which the Texas Department of Public Safety and the Federal Bureau of Investigation use to verify criminal history records. Further information about fingerprinting, including how to schedule an appointment, can be found at: www.ble.texas.gov/fingerprint-information RESOURCES: Instructions and checklists: ble.texas.gov/browseapplication.action?id=100 FAQ: ble.texas.gov/faq.action#167

Character and Fitness

One criterion for admission to any state’s bar is being a person of good moral character and fitness. The various boards of law examiners want to prevent from practicing law, persons with criminal records, a record of school discipline disciplinary or honor code violations, chemical dependency and related misconduct, dishonest behavior, and significant debt and other financial irresponsibility, among other issues. The Texas Board of Law Examiners will ask a series of questions designed to verify a person’s character and fitness, and investigate such matters to protect the justice system, potential clients, and to prevent a violation of the Texas Disciplinary Rules of Professional Conduct. It is essential that prospective attorneys complete these questions truthfully. For any questions you may have about the character and fitness process, please refer to the Admissions department. For any questions you may have about the character and fitness process, please refer to the Admissions department.

RESOURCES: Relevant information: ble.texas.gov/character-and-fitness Guidelines: ble.texas.gov/guidelines-for-determining-c&f-and-overseeing-pls Detailed FAQ composed by the University of Houston Law Center: www.law.uh.edu/admissions/apply-now-character-and-fitness.asp All states’ character and fitness criteria: reports.ncbex.org/comp-guide/charts/chart-2/

About the Uniform Bar Exam

Texas administers the Uniform Bar Exam (UBE). The UBE is composed of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and two Multistate Performance Test (MPT) tasks.

The Multistate Bar Examination (MBE), consisting of 200 questions, covers the following areas:

• Federal civil procedure
• Constitutional law
• Criminal law
• Criminal procedure
• Real property

The Multistate Essay Examination (MEE), composed of six essays, can cover any of the following topics:

• Business associations
• Conflict of laws
• Secured transactions
• Trusts and estates.

The multistate performance test (MPT) challenges a young lawyer’s fundamental lawyering skills, like drafting a legal memorandum, in the context of two realistic scenarios. Each MPT includes a ‘File’ and a ‘Library.’ The File contains all information (relevant or irrelevant) regarding a case. The Library contains statutes, regulations, and cases that may or may not be relevant to the case. Further information about the MPT can be found here: www.ncbex.org/exams/mpt/preparing/

The UBE test schedule is as follows:

RESOURCES: Texas Bar Examination Filing Deadlines: ble.texas.gov/deadlines General instructions: ble.texas.gov/bar-exam-general-instructions Register for the UBE: ble.texas.gov/information-and-applications Thorough overview of the UBE test, created by South Texas College of Law: pathways.stcl.edu/texas-bar- examination/subject-overview/

FAQ: ble.texas.gov/faq.action#703

Studying for the UBE

The library provides bar study materials in the reserve section, located behind the circulation desk. The reserve collection includes study books for all portions of the UBE—the MPT, MEE, and the MBE— and for the Multistate Professional Responsibility Examination. These books can be checked out for two hours and cannot leave the library. Students may find guided instruction, through a bar review course, to be extremely helpful. Students have several options for a commercial bar review class, including:

• Kaplan PMBR

Complete list of UBE study courses: ble.texas.gov/faq.action#148

Other Considerations to Practice in Texas

Multistate Professional Responsibility Examination. In addition to passing the Uniform Bar Exam, all students must take the Multistate Professional Responsibility Examination (MPRE) and receive a minimum score of 85. The test is offered in March, August, and November. It is an examination with 60 multiple-choice questions to be completed in two hours. The test is designed to measure a future lawyer’s understanding of lawyers’ standards of professional conduct.

Preparing for the MPRE: www.ncbex.org/exams/mpre/preparing/

Registration information: www.ncbex.org/exams/mpre/registration/

Test day policies: www.ncbex.org/exams/mpre/test-day-policies/ FAQ: ble.texas.gov/faq.action#149

Texas Law Component. Before a lawyer can be licensed to practice in Texas, they must take the “Texas Law Component” (TLC). The TLC is satisfied through Texas Law Course, composed of video presentations on Texas law. Each segment is followed by questions which applicants must answer correctly to proceed. The total time for taking the course is considered to be between 10 and 12 hours.

Instructions for registration: ble.texas.gov/getpdfform.action?id=2203

Register for the course: www.texasbarcle.com/CLE/AABuy0.asp?sProductType=EV&lID=18059

FAQ: ble.texas.gov/faq.action#783

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Bar exam practice questions & answers.

Reviewed by:

David Merson

Former Head of Pre-Law Office, Northeastern University, & Admissions Officer, Brown University

Reviewed: 2/16/24

As your bar exam looms near, it's perfectly normal to feel overwhelmed by the multitude of statutes, cases, and complex legal terms you need to grasp. Sure, the multitude of legal concepts might feel like a handful, but we’re here to help! This guide will delve into some bar exam practice questions to provide a clearer perspective on the exam.

We're here to help you study! We've gathered a bunch of practice questions for the bar exam. And don't worry, we've also included all the answers and some explanations. Ready to start?

The bar exam, a critical milestone in every budding lawyer's journey , is notorious for its difficulty. But remember, with a strategic approach, consistent practice of real MBE practice questions, the perfect bar exam practice test, and the right mindset , you can significantly improve your chances of success.

Practice Questions and Answers

Bar exam prep can be expensive, so to start you off on the right foot, we’ll explore some free bar exam sample questions and answers, with a special emphasis on multiple-choice questions:

1. Torts Law: Understanding Liability and Damages

Question : Tom, in a moment of inattention, collides with Jerry's car, inflicting $2000 worth of damage. Jerry decides to sue Tom for negligence. Tom admits his mistake but refuses to pay, asserting that Jerry's car was already in a state of disrepair. Can Jerry still claim damages?

• Yes, Jerry can claim the full amount of $2000.
• No, Jerry cannot claim any damages because his car was already in disrepair.
• Yes, but Jerry can only claim half the amount ($1000) due to pre-existing damages.
• No, Jerry can only claim damages if Tom had intentionally caused the accident.

Correct Answer : A) Yes, Jerry can claim the full amount of $2,000.

Explanation

Tort cases are commonly referenced in MBE bar exam questions. In a tort case, such as this, Jerry can recover damages as long as he can prove the cost of repairs or the diminished value of his car due to the accident. Tom's belief about pre-existing damage doesn't negate his liability for the damages he caused. 

While the state of the car before the accident might be relevant in assessing the degree of damage caused by the accident, it does not absolve Tom of his responsibility to pay for the harm he directly caused.

2. Criminal Law: Grasping the Concept of Intent

Question : Can Ann be convicted of burglary if her defense is that she entered the building solely to seek refuge from a sudden storm?

• Yes, Ann can be convicted of burglary even if she entered the building to seek refuge from a sudden storm.
• No, Ann cannot be convicted of burglary if she entered the building solely to seek refuge from a sudden storm.
• Maybe, it depends on whether Ann had a history of committing crimes.
• It depends on the severity of the storm that Ann encountered.

Correct Answer : B. No, Ann cannot be convicted of burglary if she entered the building solely to seek refuge from a sudden storm.

Ann cannot be convicted of burglary if she can prove that she entered the building solely to seek refuge from a sudden storm. 

Burglary requires the intent to commit a crime upon entering a building, and seeking shelter from a storm is not a criminal act . Therefore, if Ann can validate her claim of seeking shelter, she lacks the requisite intent for a burglary conviction.

3. Constitutional Law: Freedom of Speech

Question : Which of the following statements is true regarding the state law that prohibits residents from criticizing the governor on social media?

• Yes, the law violates the First Amendment rights of the residents.
• No, the law does not violate the First Amendment rights of the residents.
• Maybe, it depends on the type of social media platform being used.
• It depends on the popularity of the governor.

Correct Answer : A. Yes, the law violates the First Amendment rights of the residents.

This is because the First Amendment of The Constitution protects the right to freely criticize the government, which would include government officials such as a state governor. A law that prohibits such criticism would likely be seen as infringing on these protected rights. 

4. Contracts Law: The Essentials of a Contract

Question : Which of the following statements is true regarding the scenario where Jane proposed to sell her car to John for $5,000, but sold the car to someone else the very next day without receiving any acceptance or consideration from John?

• Yes, John can sue Jane for breach of contract because she made an offer to him.
• No, John cannot sue Jane for breach of contract because no contract was formed between them.
• Maybe, John can sue Jane for breach of contract because he needed time to think it over.
• It depends on the type of contract Jane proposed.

Correct Answer : B. No, John cannot sue Jane for breach of contract because no contract was formed between them.

Many of the bar test questions you’ll see will involve contract law since it’s such an important part of the legal field. For a contract to be formed, it requires an offer, acceptance, and consideration. In this scenario, Jane made an offer to sell her car to John, but John did not accept the offer or provide any consideration to Jane. 

Therefore, there was no legally binding contract formed between them, and Jane was not obligated to sell the car to John. Since there was no contract, there can be no breach of contract, and John cannot sue Jane. 

Option A is incorrect because an offer alone does not constitute a contract. Option C is incorrect because John's need for more time to think it over is not relevant to the formation of a contract. Option D is incorrect because the type of contract proposed by Jane is irrelevant when no contract was formed.

5. Property Law: The Obligations of a Finder

Question : Is Jim legally allowed to keep the $1000 he found in a wallet in a public park, even though the owner later posted flyers in search of the wallet?

• Yes, Jim is legally allowed to keep the money as he found it in a public place.
• No, Jim is not legally allowed to keep the money as it belongs to the owner of the wallet.
• Maybe, it depends on whether Jim reported the found wallet to the authorities.
• It depends on whether Jim made any attempts to locate the owner of the wallet.

Correct Answer : B. No, Jim is not legally allowed to keep the money as it belongs to the owner of the wallet.

Jim is not legally allowed to keep the $1000 he found in the wallet in a public park. Property law requires finders of lost property to make a reasonable effort to return it to its rightful owner. Since the owner is known and has posted flyers in search of the wallet, Jim is legally bound to return the wallet and the money to the owner. 

Keeping the money without attempting to locate the owner is considered theft. Therefore, Jim is not allowed to keep the money, and he must make a reasonable effort to return the wallet to its rightful owner.

Hopefully going over these MBE practice questions in depth has helped you understand them better and offered insights into how to best approach them! Continue going over sample MBE questions and past bar exams to get familiar with various question types and feel prepared for test day! 

FAQs: Bar Exam Questions

Here are some frequently asked questions related to bar exam questions.

1. What Kind of Questions Are on the Bar Exam?

A standard bar exam comprises a combination of multiple-choice questions, often referred to as the Multistate Bar Examination (MBE), essay questions, and performance tests. These questions encompass a broad array of legal areas, including, but not limited to, constitutional law, criminal law, civil procedure, contracts, and property law.

2. Is the Bar Exam Actually Hard?

Yes, the bar exam can feel very hard because it covers a lot of topics, there's limited time, and it's really important. But, with good studying, lots of practice , and a never-give-up attitude , many people do succeed.

3. How Can I Practice for the Bar Exam?

Preparation for the bar exam calls for a well-rounded approach. This includes gaining a firm understanding of legal principles, committing key facts and cases to memory, and rigorously working through bar exam practice questions. 

Using a mix of bar exam practice multiple choice questions and essays, as well as reviewing model answers, can substantially enhance your legal analytical abilities, as well as improving your speed and accuracy in test-taking. 

Additionally, consider joining a study group or enlisting the help of a tutor for structured guidance and support.

4. What Essay Questions Are on the Bar Exam?

Essay questions on the bar exam typically present a hypothetical scenario and require you to apply legal principles to analyze it. These questions are designed to test your ability to identify relevant legal issues, apply the law accurately, and articulate a logical and well-structured argument. 

Some jurisdictions also include Multistate Essay Examination (MEE) questions, which test knowledge across a wide range of legal topics.

Final Thoughts

Facing the bar exam may feel like a herculean task, but take heart in knowing that countless others have successfully surmounted this obstacle, and you certainly can too. 

Regular, methodical practice with bar exam questions and answers will not only deepen your understanding of the law but also refine your analytical skills and boost your self-confidence.

As you forge ahead with your preparation, keep this essential principle in mind - practice does not merely make perfect, perfect practice makes perfect. View these bar exam sample questions as stepping stones that enable you to refine your techniques, rectify errors, and devise a strategy that best suits your individual learning style.

Ultimately, your success in the bar exam will stand as a testament to your unwavering dedication, determination, and mastery of legal knowledge. So, keep practicing, stay focused, and before long, you'll be on your way to joining the esteemed fraternity of licensed attorneys. 

Your journey may be tough, but the destination will certainly be worth it. Good luck!

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Bar Admission & Exam Preparation

After law school comes the bar exam, a final hurdle before practice. Preparing for the exam is intense and demanding‚ but you don’t have to do it alone! At Texas Law, we have resources and people to help. Director of Student Affairs Christopher Sokol is available to offer personalized advice and counseling and provide feedback on practice essays. Christopher also holds informational sessions and offers mock exams.

The information below is designed to help you navigate the bar exam successfully. If navigating this process is overwhelming, or confusing, or just plain intimidating, talk to us! With our guidance and your determination, we are confident that you will achieve your goals and embark on your legal career.

Bar Admission Process

Your first step is choosing where to take the bar exam and ensuring you’re eligible to take it. Each state has its own requirements and deadlines, so begin by reviewing these. Below are the requirements for Texas, California, and New York, the states most commonly selected by Texas Law students and new graduates.

Texas and 35 other states use the Uniform Bar Exam (UBE). The UBE results in a portable score that can also be used to transfer to other UBE jurisdictions. The UBE is administered over two days, with the Multistate Essay Examination (MEE) and Multistate Performance Test (MPT) given on the last Tuesday in February and July, and the Multistate Bar Examination (MBE) given the following day. Jurisdictions that use the UBE may also require applicants to complete  jurisdiction-specific law component .

Multistate Professional Responsibility Exam (MPRE)

Almost all states require that students pass the MPRE to be admitted to the bar. The MPRE is a two-hour, 60-question multiple-choice examination that is administered three times per year (August – November – March). We recommend that you take the MPRE exam during your 2L year. The registration deadline for the November 2023 MPRE is September 12, 2023.

Admission to the State Bar of Texas

Admission to the State Bar of Texas is a multi-step process:

• Submit a Declaration of Intention to Study Law by October 1st of 1L year (or within 60 days of transferring from an out-of-state school);
• Apply to take the bar exam after graduation; and
• Complete the Texas Law Component .

For more information about the bar admission process in Texas, visit the Board of Law Examiners website .

Texas Bar Exam Deadlines

Admission in other jurisdictions.

J.D. students commencing their studies after July of 2016 must satisfy one of five pathways established under Section 520.18  of the New York Court of Appeals’ Rules for the Admission of Attorneys and Counselors at Law. 

Applicants must also complete 50 pro bono hours prior to admission.

To learn more about bar admission in New York, visit the Board of Law Examiners website .

California does not use the Uniform Bar Exam. Instead, it requires the California Bar Examination . To learn more about bar admission in California, please review the Admissions Requirements .

For information about other state bar exams, visit the NCBEX website .

Bar Preparation Courses

While we cannot tell you what to do, every student at Texas Law will get the same first piece of advice from us: Take a bar preparation course!

Each semester, at Texas Law Marketplace, a number of bar prep course providers visit campus. This event is a valuable opportunity for you to explore your options and select the course that best aligns with your needs.

We recognize that bar prep courses — and living expenses while studying for the bar — are expensive. Students pursuing public service careers, and other students with financial barriers to purchasing a course, may be eligible for financial assistance from the Law School.

Disability Accommodations

Receiving accommodations at the Law School  does not  guarantee that you will receive accommodations on either the MPRE or the bar exam.  Each of these exams has a separate accommodations application process and requirements for documentation. You are encouraged to submit applications for accommodations as far in advance as possible.

Bar Prep Resources

About the texas bar exam, ttu law bar prep support, useful websites.

• Uniform Bar Exam
• NextGen Bar Exam

The Texas Bar Exam is the licensing examination administered by the Texas Board of Law Examiners for individuals seeking to practice law in Texas. Texas currently administers the Uniform Bar Exam . Here are some basic details:

Format : The Texas Bar Exam is currently a two-day examination.

Day One : The three-hour morning session includes the Multistate Performance Test (MPT) , which evaluates practical legal skills by requiring candidates to complete two tasks-- such as drafting a memo or brief-- using provided materials. The three-hour Multistate Essay Exam (MEE) ;  which consists of six subject-matter essay questions covering a selection of MBE topics, as well as several additional subjects including family law, business associations, secured transactions, wills & trusts, and conflicts of laws; is administered in the afternoon.

Day Two : On the second day, candidates take the  Multistate Bar Examination (MBE) , a standardized 200-question multiple-choice test covering various legal topics. The MBE is divided into three-hour, 100-question morning and afternoon sessions.

Passing Score : To pass the Texas Bar Exam, candidates must achieve a score of 270 or higher on a 400-point scale.

The Office of Academic Success Programs is here to help you prepare for the bar exam. To learn more about bar prep at Texas Tech Law , view our Bar Prep for Students & Graduates page  or check out our bar prep videos . Please also feel free to reach out to any member of our bar prep team:

• Prof.  Cassie Christopher , Director of Bar Success Programs
• Erica M. Lux , Director of Academic Success Programs 
• Jessica M. Aycock , Associate Director of Academic Success Programs
• Texas Board of Law Examiners
• National Conference of Bar Examiners
• State Bar of Texas
• American Bar Association
• Next: Study Aids >>
• Last Updated: Dec 18, 2023 2:14 PM
• URL: https://libguides.law.ttu.edu/BarPrep

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AmeriBar's Texas Bar Exam Essay Master Course Information

The Essay Master Course provides the best tools available to help students PASS the essay portion of the Texas Bar Exam.  The course is patterned after AmeriBar's incredibly successful and highly acclaimed tutoring program.  The audio lectures and outlines provide a thorough substantive law review of all non-MBE subjects testable on the essay exam.  Additionally, the online audio strategy workshops cover essay-writing and the study process.  The strategy workshops provide a workable framework for how to make the most of study time, as well as how to prepare essays that maximize points.  You will never feel more prepared for the essay portion of the exam.

CLICK HERE TO ORDER

ESSAY MASTER COURSE DETAILS

■   Essay & P/E Subject Outline Book

Listen to samples of lectures and view pages from outlines .

■ Texas Essay Exam Released Questions

■ Texas P/E Questions

■  Strategy Workshop Lectures

The strategy workshop is designed to teach students the strategies and techniques required to pass the exam.    The workshop covers both study strategies and essay writing techniques.  Learn how to use effective legal writing strategies to your advantage.  The lectures help students utilize legal writing techniques to maximize points when drafting essay answers.  The workshop cover s everything from how to set up your study schedule, to what to do each day to prepare.  It also contains strategies on how to prepare for and write a bar exam essay answer.   The workshop has been prepared with the retaker in mind, but is incredibly useful for all examinees.

■ MPT Course Access

AmeriBar constantly monitors past bar exams questions and testing trends.  Our materials are focused on testable points of law.  Therefore, you will not waste hours of your study time learning extraneous information.  Utilize your time efficiently.

Listen to samples of lectures and view pages from outlines

IMPORTANT NOTE

The Essay Master Course is available for students who already have materials for the Multistate Bar Examination ("MBE"). Some MBE subjects are also traditionally tested on the essay exam (Evidence & Property).  The Essay Master Course contains distinctions for these subjects, as well as practice essay questions and answers.   However, it does not contain complete outlines of general legal principles for the subjects tested on the MBE .    Ensure that you have adequate materials to help you prepare for the MBE subjects. If you do not have complete outlines for the MBE subjects, you should enroll in AmeriBar's Complete Home Study Course , which covers all of the subjects on the exam.

AmeriBar constantly monitors past bar exams questions and testing trends.  Our materials are focused on testable points of law.  Therefore, you will not waste hours of your study time learning extraneous information.  Utilize your time efficiently .

MAKE THIS TIME DIFFERENT

Are you are a retaker who enrolled in a traditional bar review course the last time you sat for the exam, but were unsuccessful? It is likely that you spent too much time reviewing your knowledge of the law, and not enough time learning how to write essay answers or adequately prepare for the MBE.  It is likely that you studied inefficiently. Instead of spending dozens or even hundreds of hours listening to mind-numbing lectures of the law, learn how to spend your time efficiently learning the law you need to know in order to pass.  In fact, one of our recent students who had previously taken a traditional review course (and failed his exam) let us know that the best part of AmeriBar's program was that he actually studied less and passed! Focus on the law you need to know, and spend the rest of your time learning how to apply your knowledge to the questions presented by the bar examiners.

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Many state bar associations post former bar exam essay questions and sample answers on their websites. These model answers are useful for studying for the bar and final exams.

Search online for state bar exam questions and answers, or use the list provided at the bottom of this page. Access is free.

• Try writing a response to a practice question, then comparing your response to the model answer.
• Some bar exam questions require the application of state law (e.g., California civil procedure), and may not be helpful if you are studying federal law. Read the question carefully. 
• Subject coverage will vary by exam and by state.

1L Subjects:

• Civil Procedure (federal and state questions)
• Constitutional Law
• Contract Law
• Criminal Law

2L/3L Subjects:

• Business Organizations
• Conflict of Laws
• Criminal Procedure
• Family Law/Community Property
• Professional Responsibility/Ethics
• Secured Transactions (Uniform Commercial Code 2)
• Wills & Trusts

Sample Exam Questions & Answers By State

• Mississippi
• Pennsylvania
• UBE  (Many of the states on this list administer the UBE, but the states offer more recent model essay answers than the UBE)
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Bar exam essay questions with answers.

Passing the bar exam requires more than just knowing the law. Passing the bar exam also requires the ability to properly analyze a bar exam question, organize the issues, and write an effective answer. To demonstrate essay exam proficiency and how to apply the essential test-taking skills, consider the following bar exam sample question below, which will be used as an example to demonstrate how to approach an essay from start to finish, step-by-step, in order to produce a passing written answer.

February 2020 CA Bar Exam Question - Contracts

Barn Exports ("Barn") hired Sam, an up-and-coming artist whose work was recently covered in Modern Buildings Magazine, to paint a one-of-a-kind artistic design along the border of the ceiling in its newly renovated lobby. After discussing the work, Ed, the president of Barn, and Sam signed a mutually drafted handwritten contract, which states in its entirety:

Sam shall paint a unique design along the entire ceiling border of all public areas of the first-floor lobby. Barn shall pay $75,000 upon completion of the work.

When Sam began work, he was surprised that the new plaster ceiling in the lobby had not been sanded and sealed. Sam complained, but was told by Ed that preparation was part of his responsibilities. Although Sam disagreed, he spent four days sanding and sealing the ceiling. When Sam finished painting, he submitted a bill for $78,000, having added $3,000 for labor and supplies used in preparing the ceiling. In response, Barn sent a letter to Sam stating that, because he had not painted the borders in the two public restrooms in the lobby, no payment was yet due. Barn's letter also stated that it had recently spoken to several artists who perform similar work and learned that "surface preparation" was typically the responsibility of the artist.

According to Sam, before the contract was signed, he told Ed that the restrooms could not be included because his paints were not suitable for the high humidity in those locations.

Sam sued Barn for breach of contract in the amount of $78,000.

Barn countersued for specific performance to have the borders in the bathrooms painted.

• Is Sam likely to prevail in his breach of contract lawsuit against Barn and if so, what damages will he likely recover? Discuss.
• Is Barn likely to prevail in its lawsuit seeking specific performance against Sam? Discuss.

Step 1 – Call Of The Question

First, always start with the Call of the Question, which is usually located at the end of the exam, because the Call reveals what the Examiners want to know so the facts, yet to be read, can be put in that context. To interpret the Call, use the acronym SPOIL, which stands for the subject matter ( S ), parties ( P ), organizational structure ( O ), issues ( I ), and applicable law ( L ).

Like most Calls, the ones in the Contracts bar exam sample question reveal a wide variety of information, including:

(S) Subjects being tested - Contracts/Remedies:

• Call 1 specifies a "breach of contract lawsuit" and asks about "damages", which is a remedy in contracts.
• Call 2 specifies a "lawsuit seeking specific performance." Specific performance is also a remedy in contracts.

(P) Parties: Sam and Barn

• Call 1 asks about "Sam…in his…lawsuit against Barn."
• Call 2 asks about "Barn…in its lawsuit…against Sam."

(O) Organization structure to be considered - Sam vs. Barn, followed by Barn vs. Sam

• Call 1 asks about the "Sam…lawsuit against Barn."
• Call 2 asks about the Barn…lawsuit…against Sam."

Issues – Breach of contract, damages, and specific performance.

• Call 1 asks about "breach" and "damages." The second to last line provides "Sam sued Barn" for "$78,000."The facts, yet to be read in their entirety, can be put in the context of whether there was a "breach" by Barn that supports Sam's "$78,000 damages" claim.
• Call 2 asks about "specific performance." The last line provides "…specific performance to have the borders in the bathrooms painted." The facts, yet to be read in their entirety, can be put in the context of whether the court will find that Sam promised to paint the bathroom borders, and order such performance to Barn.

(L) There is no reference to the applicable law

Contracts test both common law or the Uniform Commercial Code (U.C.C.) The sample exam does not state which body of law to use. Thus, based on the facts, the examinee must make this determination after reading the fact pattern.

2 – Read The Facts To Understand The Story

Second, read the hypothetical facts once for content only. Focus on the story. Pay attention to the names of the parties, dates, quoted language, verbs, adverbs, adjectives, etc. If there is any confusion, read the hypothetical again for clarity.

In reading the exam facts, pay attention to the names of the parties ("Sam" and "Barn") mentioned in the Call. 

"Ed" is not a named party in the Call, but Ed is identified in the first paragraph as "the president of Barn." This reveals that based on Ed's conduct as an agent of Barn, Sam will likely impute arguments against Barn and vice versa.

There is not much in the way of dates, but "surface preparation" is quoted language from Barn's letter.  This is the Examiners' way of flagging that "surface preparation" is going to raise one or more issues and/or arguments. Further, the indentation of the contract terms is equivalent to quoted language, because the Examiners are drawing your attention to that text.

Finally, pay attention to verbs, adverbs, and/or adjectives, which are discussed below in Step 3. If there is any confusion about the content of the Sam v. Barn lawsuit and Barn v. Sam countersuit, read the exam facts again for a full understanding of the story. 

Step 3 – Issue Spot

Third, once understanding the story, begin issue spotting. Start at the beginning of the exam. Go paragraph-by-paragraph, sentence-by-sentence. As each issue is identified, jot it down in the margin of the exam next to the facts that raised it. By starting at the beginning of the fact pattern to issue spot, the first paragraph leads into Ed and Sam signing a contract, which states the terms that are intended for emphasis.

Here, the contract states, "Sam shall paint…" The verb "paint" may raise a goods contract if the contract requires Sam to deliver paint, or a services contract if the contract simply requires Sam to paint an existing area or object.

Further facts that state Sam shall paint "…a unique design along the entire ceiling border…" identify the applicable law as common law because "to paint along a border" is a service.

Continue the issue spotting process as described in the last paragraph of the exam question.

Step 4 – Utilize Mental Checklists And Approaches

Fourth, if during the study process , mental checklists and approaches for issue spotting have been developed, use them to pick up extra issues that could be overlooked without them. Mental checklists and approaches are recommended issue spots tools that every law student should develop during the study process, because they assist issue spotting and the more issues spotted and analyzed in the answer, the higher the grade will be.

In the Contracts bar exam sample question, the fact that Ed and Sam signed the mutually drafted $75,000 contract to paint the design makes offer, acceptance, and consideration fairly straightforward issues that may be picked up without a checklist.

However, defenses are commonly overlooked, which makes a Contracts defense checklist essential to trigger issues that could be missed without one.

The following is an example of the Fleming's Fundamentals Contracts defense approach that illustrates a mnemonic memory device: S o U nless A l I s M istaken, I M issed A erobics F itness D uring P hysical E ducation.  Each capital letter represents a contract defense that may be raised by the facts:

S – Statute of Frauds

U - Unconscionability

A – Adhesion Contract

I - Incapacity

M – Mistake

I – Illegality

M – Misrepresentation

A – Ambiguity

PE – Parol Evidence

In the Contracts sample question, the fact that "According to Sam, before the contract was signed, he told Ed that the restrooms could not be included…" raises the parol evidence rule, which bars oral statements (such as what Sam "told" Ed) made prior to the signed writing. This is critical evidence that Sam needs to introduce and that Barn needs to exclude, because the facts and the Call make Sam's obligation to related to the restrooms an important issue analysis.

Furthermore, one exception to the parol evidence rule is an ambiguity, i.e., allowing extrinsic evidence to resolve whether or not "all public areas of the first-floor lobby" in the contract include or exclude the bathrooms as Barn and Sam assert, respectively.

Step 5 – Reread The Call

Fifth, reread the Call of the Question to confirm a thorough understanding of what the Examiners want in the answer.

• Call 1, if Sam will likely prevail in Sam v. Barn for breach of contract and if so, what damages will he likely recover. 
• Call 2, if Barn will likely prevail in Barn v. Sam seeking specific performance.

Step 6 – Organize Issues On An Outline Sheet

Sixth, transfer the issues to a formal outline sheet, making sure they are properly organized. Jot down the formation issues of offer, acceptance and consideration, making sure they are properly organized first under Sam v. Barn (the first lawsuit as Call 1 dictates). Follow with defense issues of parol evidence rule and ambiguity. Continue through the damages issues as requested in the Call.

Repeat the outlining process with its particular issues for Call 2.

Step 7 – Reread Hypothetical One More Time

Seventh, go back and skim the hypothetical one last time to pick up any additional issues that may have been overlooked in steps #3 and #4. Add those issues to the outline.

Step 8 – Double Check Work - Reread The Call One More Time

Eighth, reread the Call of the Question one last time, making sure the issues on the outline are properly organized under the appropriate call if there is more than one.

Step 9 – Write The Final Answer

Finally, write the answer, using the proper presentation for each issue, which is usually referred to as IRAC (issue, rule, analysis, conclusion) or IREAC (issue, rule, explanation, analysis, conclusion).

To check your answer, enter your email address below to download the answer sheet for the above sample bar exam questions. The answer sheet shows you how to use the proper IRAC presentation as demonstrated for each issue above. The answer sheet is a teaching tool to demonstrate the culmination of the above series of sequential steps to follow to properly analyze, organize, and write a passing bar exam essay answer.

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