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.