Emanuel Bar Review's Success on the Bar

How have Emanuel Bar Review first-time takers done on the Bar Exam?How have Emanuel Bar Review repeaters done on the Bar Exam?How have Emanuel Bar Review foreign attorneys or LLMs done on the Bar Exam?

General Bar Exam Info

What is the MPE?What is the MPRE?What is the MPT?What is the MEE?What can I bring to the Bar Exam test site?Can I bring food into the test?Can I use the bathroom during the test?Other tips for success on the Bar Exam

General MBE Questions

Is the MBE required in every state?When is the MBE given?What is the format of the MBE?What subjects are covered on the MBE?How many questions are covered on each subject?In what order are the questions given?Who writes MBE questions?What is the passage rate on the MBE?Is the MBE worth the same amount on the Bar Exam in every state?

MBE Scoring

How is the MBE scored?Are all questions on the MBE given the same weight? Will I lose points for wrong answers? How is the MBE graded?Are the official answers to the MBE ever wrong? What score do I need to pass?

WHAT   IS   ON MY STATE'S BAR EXAM?  

 Emanuel Bar Review's Success on the Bar

How have Emanuel Bar Review first-time takers done on the Bar Exam?

Emanuel Bar Review’s students passed at rates much higher than the respective state averages. In California, EBR first-time takers passed at a 94% rate (with a 3.3% margin of error), compared to a state average of 61.7%. New York first-time takers passed at an 83% pass rate (with a 7% margin of error), compared to a state average of 79.1%. Emanuel Bar Review students passed at a 100% rate in all other states where they took the Bar Exam, such as Arizona, Connecticut, Georgia, Kentucky, Massachusetts, New Mexico, Pennsylvania, Utah, Washington DC, and West Virginia.

How have Emanuel Bar Review repeaters done on the Bar Exam?

Emanuel Bar Review’s students achieved passing statistics higher than the respective state averages. In California, EBR repeaters passed at a rate of 61% (many of them multiple-time repeaters) and in New York at a rate of 52%.

How have Emanuel Bar Review foreign attorneys or LLMs done on the Bar Exam?

Emanuel Bar Review had a significant number of foreign attorneys and LLMs take the New York Bar Exam, and they passed at a rate of 79%, compared to the New York state average for foreign attorneys/LLMs, which was 37%.

General Bar Exam Info

What is the MBE?

The MBE is the Multistate Bar Examination, commonly known as “the multistate.” The MBE is drafted by the National Conference of Bar Examiners (NCBE). The MBE is made up of 200 multiple-choice questions, administered 100 at a time in three-hour segments. Usually, the MBE is tested on the Wednesday of the February and July Bar Examinations. MBE-tested subjects include Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Property, and Torts. (These are commonly known as “The Big Six”). Each right answer is worth one point, and there is no penalty for wrong choices. The average raw score is about 125-130 out of 200, which is then scaled based on the exam’s overall difficulty. Although the NCBE scores this part of the examination, individual jurisdictions decide how to combine the MBE scaled score with their own state-specific testing.

States testing the MBE (as of February 2010): All states test the MBE except for Louisiana and Washington.

What is the MPRE?

The MPRE is the Multistate Professional Responsibility Exam, developed by the National Conference of Bar Examiners (NCBE). The MPRE has 60 multiple-choice questions per exam that must be answered in the course of two hours. Individual jurisdictions determine their own passing scaled scores. This examination is tested separately from the rest of the Bar Examination. It is the only portion that students can take while still in law school, and is offered in March, August, and November.

States testing the MPRE (as of November 07): All states test the MPRE except for Maryland, Washington, and Wisconsin.

What is the MPT?

The MPT, or Multistate Performance Test, is developed by the National Conference of Bar Examiners (NCBE). MPT questions present simulated work assignments that a new or beginning associate in a law firm would be asked to complete. The MPT is not intended to test knowledge of substantive law but rather six specific skill applications; 1) problem solving, 2) legal analysis and reasong, 3) factual analysis, 4) communication, 5) organization and managements of a legal task, 6) Recognizing and resolving ethical dilemmas. Individual jurisdictions (states) assign their own weight to the MPT and determine how many (one or two 90-minute) MPT questions will be asked in that jurisdiction. The MPT answers are graded by the individual jurisdictions. The MPT is offered as part of the Bar Exam, in February and July.

States testing the MPT (as of February 2010): Alabama • Alaska • Arkansas • Colorado • Delaware • District of Columbia • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Maine • Minnesota • Mississippi • Missourri • Montana • Nevada • New Hampshire • New Mexico • New York • North Dakota • Ohio • Oregon • Rhode Island • South Dakota • Texas • Utah • Vermont • West Virginia • Wisconsin

What is the MEE?

The MEE is the Multistate Essay Examination, a test developed by the National Conference of Bar Examiners (NCBE). The MEE consists of 30-minute essay questions that are administered by participating jurisdictions during the February and July Bar Examinations. Individual jurisdictions determine the appropriate weight and scoring scale of the MEE. Jurisdictions may also determine the number of MEE questions asked. Areas of law that may be covered on the MEE include Business Associations (Agency & Partnership; Corporations and LLCs), Conflicts of Laws, Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Family Law, Federal Civil Procedure, Real Property, Torts, Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and Uniform Commercial Code (Commercial Paper – Negotiable Instruments; Secured Transactions).

States testing the MEE (as of February 2010): Alabama • Arkansas • Arizona  • Colorado • Connecticut •  District of Columbia • Hawaii • Idaho • Illinois • Iowa • Kentucky • Mississippi • Missouri • Montana • Nebraska • New Hampshire • New Mexico • North Dakota • Oregon • Rhode Island • South Dakota • Utah • West Virginia • Wisconsin

What can I bring to the Bar Exam test site?

Each jurisdiction has specific rules about what may be brought to the test site. However, there are some commonalities.

Admission Card:  Candidates should bring to the exam site the written instructions and the admission card provided by the state Bar testing authority.  Also bring two pieces of backup identification bearing your signature and picture, preferably a driver’s license. 

A watch.  Take an accurate watch to both morning and afternoon exams.**

Can I bring food into the test?

Food and beverages are not usually allowed in the exam room. Your studying should have expanded your ability to sit and concentrate for three-hour blocks.  Prior to the exam, go for foods that provide energy and are easy to digest (raisins, peanuts, apples, oranges, bananas, energy bars), but that do not give you a letdown or make you feel tired.**

Can I use the bathroom during the test?

Restroom breaks are possible but cost you valuable time and break your concentration.  Time is very precious in this exercise.** 

Other tips for success on the Bar Exam:

Dress comfortably. Dress in the clothes that make you feel the best.  You can bring a cushion to soften the chairs if you like.  Some candidates who are easily distracted bring earplugs.  If you are going to use earplugs in the actual exam, use them while working questions during the preparation period.** 

 General MBE Questions

Is the MBE required in every state?

Almost. As of February, 2010, only two states — Louisiana and Washington — don’t administer the MBE. Also, the District of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands and Palau require the MBE.*

When is the MBE given?

In most states, the MBE is given twice each year — on the last Wednesday in February and on the last Wednesday in July — but a few states offer the MBE only once a year. Most states also administer their own, state-specific exams on the day(s) immediately before or after the MBE; these state-specific exams usually consist of essays covering a variety of subjects. In addition, other multistate exams, such as the Multistate Essay Examination (MEE) and the new Multistate Performance Test (MPT), take place on the day(s) immediately before or after the MBE.*

What is the format of the MBE?

The Multistate Bar Examination is a six-hour examination consisting of 200 questions. The exam is divided into two parts: Part I is administered in the morning and Part II is administered in the afternoon. Each part takes three hours and contains 100 questions.*

What subjects are covered on the MBE?

Currently, there are six subjects on the MBE: Constitutional Law, Contracts, Criminal Law, Evidence, Real Property, and Torts. Many students believe that Civil Procedure is tested on the MBE. It’s not. The MBE currently covers only the six subjects listed above.*

How many questions are covered on each subject?

As of July, 2005, the MBE is made up of 34 questions each on Contracts and Torts, and 33 questions each on Constitutional Law, Criminal Law, Evidence, and Real Property (for a total of 200 questions). In other words all six subjects on the MBE are given substantially equal weight. This means that if your jurisdiction considers a raw score of 120 to be a “passing score,” you could get every single question in any one subject wrong and still pass the MBE, so long as you scored well enough on all the other subjects. In fact, in some jurisdictions you could theoretically miss every question in two subjects and still pass the MBE, but you’d have to miss virtually no questions on the other subject areas.*

What is the format of MBE questions?

The MBE is an “objective” exam; that is, it’s multiple-choice from a given set of facts. Each question has four possible answer options, with one correct answer and three incorrect choices.*

In what order are the questions given?

Questions on the MBE are presented in a completely random manner. Both the level of difficulty and the subject matter may vary from one question to the next. This means that your first MBE question may be very difficult, but the following question may be relatively easy. Since MBE test questions are set up in a random order of difficulty, the MBE is different from many other standardized tests you’ve taken (such as the SAT), where the questions become progressively more difficult within each section of the test.

MBE questions are also random in subject matter, so a Property question may be followed by a Torts question, which may be followed by a Contracts question. Note also that you won’t be told the subject matter of any question; you have to figure out what area is being tested by carefully reading the question itself.*

Who writes MBE questions?

As you may imagine, drafting MBE questions is an involved process that involves many people. Each of the six major subjects is handled by a committee of five people — three law professors and two Bar examiners. At semiannual meetings, each committee, along with special question

writers, drafts 30 or 40 MBE questions. Each committee then meets for two days with experts on testing, after which the questions are redrafted. After the semiannual meeting, each committee member reviews the questions and then, a few weeks later, reviews the final form of the questions. The questions are also subject to a final review by a practicing attorney and, usually, by a law professor who is not a member of the drafting committee.

Since the MBE is so important (it is, after all, part of almost every jurisdiction’s Bar Examination), the Bar examiners of each participating jurisdiction are given an opportunity to review the test in its final stages. At that time, the entire test can be accepted or rejected; in addition, the local Bar Examiners may suggest changing only parts of the exam. Each drafting committee considers these suggestions and makes any changes the committee decides are needed.*

What is the passage rate on the MBE?

Each jurisdiction decides how to combine the MBE scaled score with their own state specific testing.  Nationally, about 60% of the students receive a “passing” scaled score, although this percentage varies from state to state. In states that permit students from non-ABA-approved law schools to sit, the pass rate may be significantly lower.** 

Is the MBE worth the same amount on the Bar Exam in every state?

No, state rules vary:  most states combine the MBE and essay scores using various formulas and weights. Some allow a waiver on the essays if you achieve a certain MBE score.  A few accept MBE scores from other jurisdictions.

For details of the passing statistics and particular grading method used in your jurisdiction, you should check with your individual state bar association, by going to our State Bar Info Center link and finding your jurisdiction’s contact information.** 

 MBE Scoring

How is the MBE scored?

Every right answer you choose is worth one point regardless of the question’s degree of difficulty.  There is no penalty for wrong choices.  The average raw score is about 125 to 130 out of 200. Scaled for Difficulty:  The final number of right answers reported for a particular exam depends upon that exam’s overall difficulty.  The NCBE has a scaled (“equating” is their descriptive term) difficulty system, so the final score awarded to students is comparable from exam to exam.  The additional scaling points typically run between 10 and 20 points.  Thus, the final equated score averages around 135 to 140.**

Are all questions on the MBE given the same weight? 

Yes; difficult questions are worth no more than easy ones.*

Will I lose points for wrong answers?

No. The MBE isn’t like the SAT or “Jeopardy” — you aren’t penalized for wrong answers. (And you don’t have to state your answer in the form of a question.) In other words, even if you don’t have any idea what the right answer is to a particular question, it’s best to guess! You’ve got nothing to lose.*

How is the MBE graded?

Each question is worth one point, making a total possible “raw” score of 200. Because the difficulty of the MBE may vary from one exam to another (for example, the July 2006 MBE may be somewhat more difficult than the February 2006 MBE), “raw” scores are not comparable from year to year. To handle this problem, the Bar Examiners use a statistical procedure, called “equating,” to produce what are called “scaled” scores--raw scores that have been adjusted so that the performance of Bar Examinees can be compared from exam to exam (within the limitations of measurement and equating error). For instance, if the July, 2006 MBE turns out to be more difficult than previous MBEs, the scores of students who took the July exam would be adjusted (“scaled”) upward to account for this difference in difficulty. If, on the other hand, the July, 2006 exam was easier than previous MBEs, then the scores of those who took it would be adjusted (“scaled”) downward to account for that difference. This scoring procedure helps to ensure that no applicant is unfairly penalized or rewarded for taking a particular version of the exam.

Keep in mind that no credit is given for any answer except the best one. Also, if you fill in more than one answer to a question, you’ll get no credit for the question (even if one of your answers is the correct one).*

Are the official answers to the MBE ever wrong?

The answer to this has to be a “qualified yes.” Even though the MBE is exceptionally carefully prepared, sometimes questions don’t operate as the Bar Examiners expected them to. In order to compensate for this, the Bar Examiners use a process called “early item analysis.” The process works this way: immediately after each MBE is administered, the answer sheets of approximately 1,500 applicants in several different jurisdictions are quickly scored and analyzed. If a large number of the applicants who score the highest on the entire exam marked the wrong option to any particular question, then the official, “correct” answer is considered suspect. All suspect questions are sent back to the drafting committee that prepared them, and the committees then reexamine the questions. If they find that any question is confusing, they change the answer key in the following manner. In the rare cases where a committee finds that an entire question is faulty, everyone gets credit for his answer regardless of his choice. More often, however, two rejected choices are clearly wrong, and it has simply proven too difficult to select accurately between the two remaining answer choices. In such cases, credit is given only to applicants who  marked either of the  two remaining answers. Once the “early item analysis” process is completed, all answer sheets are scored using the corrected key.

Do not let the fact that the Bar Examiners use this “early item analysis” process to correct for faulty questions influence you too much. If you enter the MBE anticipating that one or more questions are going to be reviewed and discarded, you may prematurely decide that some questions are unanswerable. If you do this and just mark an answer choice randomly, figuring that you’ll get credit even if you’re wrong, you’ll be making a big mistake. The question may simply be a difficult one that requires a bit more analysis. Also, the drafters simply don’t make many mistakes — certainly no more than a handful on each exam — so deciding that a particular question is flawed is not good strategy.*

What score do I need to pass?

The score needed to pass the MBE varies according to where you’re taking the exam, because the Bar Examiners of each jurisdiction use the MBE in different ways. In some states, if you score high enough on the MBE, the Bar Examiners won’t even look at your essays, since they assume that, if you did very well on the MBE, you’ re likely to score well on the essays, too, so there’s really no need to grade your essays.

Most states, however, establish a specific score needed to “pass” their individual Bar Exams by combining MBE and essay scores. States use one of three formulas to combine the two scores: the standard deviation method, the comparative range method, and the equi-percentile method. All three methods are quite complex, and explaining them would be beyond the scope of this book. What you need to know is that, even if the MBE isn’t the sole determining factor in your passing the Bar Exam, it contributes significantly to the result.

As a general rule, if you can get 130 “raw” questions correct, you should be on track to pass even in a tough jurisdiction. For instance, in July, 2001 California had the lowest passing rate, 57%. On that July 2001 MBE, the mean raw score nationally was 128.72. And the standard deviation on that exam was 19.46. If we do some statistical manipulation, and if we make the reasonable assumption that the applicants in California were exactly as good on the MBE as the applicant pool nationally was, to be just barely on track to pass in California (i.e., to be better than exactly 43% of the other applicants), you would have needed to get a raw score of 125 on that exam (which would have equated to a scaled score of about 140).

Or, consider a more typical jurisdiction, with a pass rate of 67% for July takers. (Michigan in July 2001 passed 66%, for instance.) Again assuming that this state’s takers are exactly as strong as the national average, you would have to get just 120 raw questions correct to be on track to just barely pass (i.e., to be beating 33% of the other applicants).

So this is not an exam where you’re expected to score a “90%” or anything close to it. If you can answer two thirds of the questions correctly, and you perform at that same relative level of competence on your state’s essay and/or performance test, you’re nearly certain to pass.* 

  What is on my state's Bar Exam?

State Bar Exam Formats as of February 2010

  MBE MPT MEE MPRE

Alabama X X X   X

Alaska X X      X 

Arizona  X   X  X

Arkansas  X  X X  X

California  X      X

Colorado  X  X  X   X

Connecticut  X   X  X

Delaware  X  X    X

District of Columbia  X  X  X  X

Florida  X      X

Georgia  X  X    X

Hawaii  X  X  X  X

Idaho  X  X  X  X

Illinois  X  X  X  X

Indiana  X  X    X

Iowa  X  X  X   X

Kansas  X      X

Kentucky  X    X  X

Louisiana        X

Maine  X  X    X

Maryland  X  X    X

Massachusetts  X      X

Michigan  X      X

Minnesota  X  X    X

Mississippi  X  X  X  X

Missouri  X  X  X  X

Montana  X  X  X  X

Nebraska  X    X  X

Nevada  X  X    X

New Hampshire  X  X  X  X

New Jersey  X      X

New Mexico  X  X  X  X

New York  X  X    X

North Carolina  X      X

North Dakota  X  X  X  X

Ohio  X  X    X

Oklahoma  X      X

Oregon  X  X  X  X

Pennsylvania  X      X

Rhode Island  X  X  X  X

South Carolina  X      X

South Dakota  X  X  X  X

Tennessee  X      X

Texas  X  X    X

Utah  X  X  X  X

Vermont  X  X     X 

Virginia  X      X

Washington        

West Virginia  X  X  X  X

Wisconsin  X  X   X  

Wyoming  X      X

*Answers courtesy of Kimm Walton and Steve Emanuel, Strategies and Tactics for the MBE, (c) 2006, Aspen Publishers, Inc. pages vi-ix. 

**Answers courtesy of James J. Rigos, Rigos Bar Review Series: Multistate Bar Exam (MBE) Review, Volume   1 , (c) 2008-2009, Aspen Publishers, Inc. pages 1-18.