Uniform Bar Exam in New Mexico · PDF fileWest Virginia 270 Wyoming 270 . BAR EXAM COMPONENTS
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By: Justin D. Goodman Fall, 2016 Uniform Bar Exam in New Mexico
Transcript of Uniform Bar Exam in New Mexico · PDF fileWest Virginia 270 Wyoming 270 . BAR EXAM COMPONENTS
By: Justin D. Goodman
Fall, 2016
Uniform Bar Exam in
New Mexico
Jurisdictions that have Adopted
the UBE
State MPS
Alabama 260
Alaska 280
Arizona 273
Colorado 276
Connecticut 266
DC 266
Idaho 272
Iowa 266
Kansas 266
Massachusetts TBD
Minnesota 260
Missouri 260
Montana 266
State MPS
Nebraska 270
New Hampshire 270
New Jersey 266
New Mexico 260
New York 266
North Dakota 260
South Carolina 266
Utah 270
Vermont 270
Washington 270
West Virginia 270
Wyoming 270
BAR EXAM COMPONENTS
MBE – Multistate Bar Examination
MEE – Multistate Essay Examination
MPT – Multistate Performance Test
UBE – Uniform Bar Examination
Designed to test knowledge and skills that every lwayer should be able to demonstrate prior to becoming licensed to practice law.
Multistate Bar Exam (MBE)
The purpose of the MBE is to assess the
extent to which an examinee can apply
fundamental legal principles and legal
reasoning to analyze a given fact pattern.
Multistate Essay Exam (MEE)
The purpose of the MEE is to assess examinee ability to
(1) identify legal issues raised by a hypothetical factual
situation; (2) separate material which is relevant from
that which is not; (3) present a reasoned analysis of the
relevant issues in a clear, concise, and well organized
composition; and (4) demonstrate an understanding of
the fundamental legal principles relevant to the probable
solution of the issues raised by the factual situation.
Multistate Performance Test (MPT)
The purpose of the MPT is to assess
fundamental lawyering skills in realistic
situations by asking the candidate to
complete a task which a beginning lawyer
should be able to accomplish.
Uniform Bar Exam (UBE)
UBE examinees are told to answer
according to generally accepted
fundamental legal principles, not local
case or statutory law.
Percentile of Each Component
50% MBE
30% MEE
20% MPT
Old Approach to Grading
Analytic Scoring: Graders break down
examinee answers into component parts
and each part is scored independently.
Each answer might have its own scale
based on the number of answer parts to
be graded.
New Approach to Grading
• Holistic Scoring: Graders evaluate examinee
answers for their overall quality while
considering content and writing ability. Graders
do not assign a score for each criterion in holistic
scoring.
Analytic
Example – Issue Spotting
10 points available
5 points awarded for 1st issue – right answer and analysis
1-3 points awarded for 2nd issue
2 points awarded for part of the issue and analysis
Holistic
1-6 Scale
0 Typical reserved for no answer
1 Among the Worst
2 Below Average
3 Somewhat Below Average
4 Average
5 Above Average
6 Very Good
Example – NM Bar Exam 2010
Property question asked examinees to address 3 specific questions.
Question 1 – 40%
Question 2 – 30%
Question 3 – 30%
Question 1 – 40%
Did Bob take the land subject to a power-line easement?
Lines were visible.
Easement not recorded.
2 relevant state statutes provided.
Grading:
Old System:
Constructive notice=1 point.
Inquiry notice = 1 point.
New System
Relevant statute – conveyance of real property is not valid against a subsequent purchaser who, without notice, purchases said real property in good faith and for valuable consideration
Abe had inquiry notice because the power lines were discernable.
Did the applicant develop an analysis using the relevant statute and substantive law.
Scale: 1-6.
Model Answer to Question 1
Point 1.
Both Abe and Bob acquired the land subject to the unrecorded power-line easement. Because the power lines were visible, Abe and Bob were on inquiry notice of the easement.
In this state, a “conveyance of real property is not valid against any subsequent purchaser who, without notice, purchases said real property in good faith and for valuable consideration.” Notice may be actual, constructive, or inquiry….
Here, because Bob paid Owen for the land, he is a subsequent purchaser for value. Abe did not have actual notice of the power-line easement and, because that easement was never. recorded, he did not have constructive notice of it based on the recorded instruments. However, because the power lines were discernible from visual inspection, Bob had inquiry notice of the power-line easement. Therefore, under the relevant statute, Bob took subject to the power-line easement.
Best Answer to Question 1
Calibrating Exams
Under UBE – the holistic grading approach requires calibration of 1-6 scale.
Examinees are reviewed in relation to other examinees
Articulation of an Answer
General Tips
Approach seriously.
Take care of yourselves.
Create a routine.
Avoid being influenced
by another’s routine.
General Tips
Typing v. Handwritten Essays
Always answer the call of the question.
Yes or No.
Maybe Answers
Stay in the box!
Always write something.
Never write your name.
Manage your time wisely.
Practice sitting.
Identify weaknesses.
Make it easy for a grader.
Grammar/Spelling
Outlining
