Multistate Bar Examination
The Multistate Bar Examination is a 200-question multiple-choice test covering Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. Each question asks for the best answer among four choices, and many distractors are true statements that do not resolve the call.
Core rules
- Identify the call first: what exactly is asked?
- Apply the majority rule unless the question specifies a jurisdiction.
- Use the facts; every fact is there for a reason.
- Eliminate choices that are true but irrelevant or that state a different rule.
Worked example
A landowner keeps a wild animal in a cage. The animal escapes and bites a neighbor. The neighbor sues. Reasoning: Keeping a wild animal is an abnormally dangerous activity, so strict liability applies. The neighbor need not prove negligence. The landowner's care in maintaining the cage is relevant only if the jurisdiction requires it; at common law, strict liability for wild animals is standard. The best answer is the one that states strict liability for harm caused by the escape, not the one that discusses reasonable care.
Traps
- Choosing an answer before reading all four choices.
- Missing 'except' or 'not' in the call.
- Applying a minority rule without a signal.
- Overlooking a constitutional or procedural threshold issue.