I agree with a lot of the things that students and others say about the MBE. But one thing I tend to push back at is the oft-stated "there are usually two answers that are equally correct." What the test writers have become very good at is making it seem that that's true. But somewhere nicely hidden in the fact pattern is something, usually subtle, that makes one of those two answers that seem correct so wrong that they can't even be argued to be correct. The skill of the writers is adding that thing into the fact pattern (which is absolutely necessary, because if two answers are arguably cor ..read more

Questions will present in Torts where the facts will allow for strict liability. Maybe someone is selling a dangerously defective product, or is engaged in an abnormally dangerous activity, or etc. But the facts will also tell you how careful the person acted while doing so. They used "state of the art equipment," or "took all necessary precaution" or "acted with the utmost care," or etc. Important to remember that when strict liability is at issue none of that matters. You're liable regardless of the degree of care. One way to think about this test is that if the standard of care mattered, th ..read more

You're given a fact pattern that looks like the classic firm offer under the UCC. A merchant makes an offer and, though no consideration is provided to the merchant, the merchant promises to keep the offer open. That's a valid firm offer (essentially an option contract, without the need for consideration, if certain requirements are met). Four months pass. As the test taker, you're feeling pretty good. You know the firm offer rule, and you also know that it's limited. If more than 3 months have passed, it expires. But there's a trap. Just because the firm offer has expired, doesn't mean that t ..read more

If the past is a reliable indicator, February 2024 bar exam results should begin to roll in in the final week of March. Almost all states release some data as to how the candidates in their state performed and I'll organize all that data below as it comes in. Once scores are released, I'll post here in this post the pass percentages for each state. Listed, for comparison, will be the percentages for both February 2024 and February 2023. Also listed when available will be the number of examinees in each state who took the most recent exam.  ..read more

All best to those who will be taking the bar exam next week! Posting here will resume soon both for the July bar exam and for the LSAT (which will soon drop the logic games from the exam ..read more

From x to y so long as y farms the property. x: fee simple determinable y: possibility of reverter From x to y but if y doesn't farm the property then x will reclaim it. x: fee simple subject to condition subsequent y: right or re-entry From x to y for life. x: reversion y: life estate From x to y for life and then to z. x: nothing y: life estate z: remainder From x to y for life and then to z for life. x: reversion y: life estate z: remainder in life estate From x to y if y farms the property and if not then to z x: nothing y: fee simple subject to an executory limitation z: shifting executor ..read more

Some bar exam advice: no need to overcomplicate anything. Issue: What question do you hope to answer in your conclusion. Make it clear for the graders so that they can give you whatever points they give for this. Rules: Don't give them rules that aren't needed to answer the question stated in the issue. Don't leave out rules that are needed. Don't over salt, don't under salt (so to speak). Analysis: It's not now the time to decide that you're going to zealously represent one of the fake characters in the hypothetical and claim that everything the other character has said is wrong. Rather, pret ..read more

There's likely to be a couple points on the MBE to grab by knowing a few things about subpoenas.  The purpose of a subpoena is to require a person to attend a trial, hearing or deposition. But the extent to which this demand is allowable has its limits. Specifically, a subpoena can demand attendance of someone if the place at where the person will be required to attend is within 100 miles of where the person resides, is employed, or regularly transacts business in person. Don't confuse this one with a similar 100 mile "bulge rule" which instead relates to service of process.  In addi ..read more

Understanding the elements, or components, of an argument will take you very far on the LR section of the LSAT. In some questions, you'll be asked specifically for that. The question will ask you to identify a role that a certain statement plays within the argument. Essentially, these questions are asking you to identify the element. There are 3 important elements to always keep in mind: Premises: Premises are statements within an argument that support a conclusion (either an intermediate conclusion or a main conclusion) but are supported by nothing.  Support ✅ Supported ❌ Main Con ..read more

When spouses get divorced, there are multiple approaches taken to divide their property. The approach to know best for Family Law on the UBE is equitable division of marital property.  This approach requires two steps: first, property must be classified into marital property or separate property. Once it's been classified, the marital property is divided. Marital property is divided equitably, but separate property, generally, remains with the party who owned that property. The following is included within the classification of separate property: ~ Property owned before marriage ~ Propert ..read more