You must score very well (5s and 6s) on at least 3 essays to pass this section of test.
Each essay usually has 2 to 4 questions. –In reality, you are actually answering 24-48 mini-essays.
Trusts is always paired with Guardianship
Family Law may include Trusts and Estates (2)
UCC includes 1 essay of either Sales and Leases, Commercial Paper, or Secured Transactions
Wills & Trusts come in pairs
Crossover topics include: Fed Tax, Oil & Gas, and Bankruptcy
The goal of the exam is to see if, given small and discrete legal problems that are conveyed through fairly straightforward questions and a discrete set of facts, you can problem solve and provide correct and concise predictions/solutions.
A great answer unpacks and addresses all issues
A great answer: Cites the correct Texas Law and uses sufficient relevant facts to support its conclusion/prediction
A great answer: Is easy to read and but hard to grade
Questions are drafted to limit the scope of your analysis so you can fully discuss most of the spotted issues raised in the time available.
Everyone who has prepared adequately has multiple opportunities to make a strong score!
Depending on the subject, you should start with the call of the question(s);
Use the call of the question as a dropdown menu to begin search for the ISSUES the question was written to test;
the call of the question is your first bite of the apple as you launch a search to find issues.
You must scrutinize the facts carefully and thoughtfully
Texas bar exam facts are Texas rules concealed (but not too much);
Bar exam fact patterns are usually fairly short—but the longer ones contain several wasted facts!
You must probe facts by asking: Why did examiners give me this fact like this—what major or minor issues does it raise?
You must probe facts by asking: Why are they calling this fact out?
You must scrutinize, names of parties, status, places, etc.
You should identify which paragraphs and facts pertain to each question/issue—each paragraph tends to closely correlate to each question!
if you recognize and address all sub-issues, you will pick up extra points
It’s all about what should happen WHEN—the facts supply the “when”
When answering questions, remember that you are a bar examinee, your answer should reflect what you learned in school.
Try to understand the question: You can score well even if you don’t grasp the question
Read to unpack the issues: the facts are the jumping off point
Before you start writing an answer, you must quickly prepare a brief outline of your answer
Take your time to think. Divide your time equally among each issue.
Breathe and quickly jump to your conclusion before you start writing your answer
Remember: Lawyers don't analyze issues, they frequently write essays!
Subjects are usually in order, and they always come in pairs
The main goal is to first identify what rules are triggered by the facts.
Bar examinee must wear three different hats: as a young lawyer, as a bar examinee, and bar examiner
As a young lawyer, you must analyze the law and break it down and provide a clear, concise answer
You must fight homelessness and find a home for every fact.
P&E Crim Pro and P&E Civ Pro - are worth 40 pts each
Contracts and Torts are worth 30 points each
Property, Evidence, Con Law, and Civ Pro are each worth 28 points
Essay on Wills, Property, BA, and Family law are worth 66 points
When it comes to essays, it is all about the bass
To improve your chances of writing 5s and 6s, you must read with a predictive mindset.
Reading with curiosity includes: using the call of the question to write a story, using the call of the question to focus your read.
Pay attention to keywords, phrases, numbers, connectors, but most importantly, verbs (it is what people did or failed to do and had a duty to do).
Success requires depth of knowledge more than breadth of knowledge!
A fact must change the ultimate outcome of an issue to be legally significant.
Usually, bar exams test existing/settled rules; they rarely test sub-rules/exceptions…
If you can’t recall the specific rule(s), make up a similar one to get you to your conclusion.
Make sure you can honey-test several of the key rules.
After building a solid base of knowledge (not perfect knowledge) then do half simulated exam (6 essays) on a Saturday.
Keep the “science” in mind and play to your weaknesses while maximizing your strengths.
Ignore any area that it is a lost cause for you to learn; you don't have to know something about everything! it is too much!
Bankruptcy and Federal Income Tax don't come in order but are frequently tested so devote plenty of time to these topics
Make sure you “stick” to essay topics, especially in the last two weeks
If you practice banking time from “easier” questions to spend on harder topics you might get behind. Stick to your allotted time, 30 minutes per question.
Some people sparkle with spontaneity in a bar exam; it’s all about practice and execution!
Answer the question: Use the call, facts and rules to unpack the issues.
Watch out for sub-rules/exceptions: The devil is in the details; notice and address the nuances; that’s how you crush essays!
Practice, practice, practice: If you practice right, on game day, you’ll play like you practiced! Thus, practice, pre-write and memorize!
Fight Homelessness: Find a home for each legally significant fact!
Don’t circle the airport; land the plane: Spit out the answer quickly; get in; get out; get on to the next question; watch your OCD—perfect it later.
Get hooked on CRAC; it keeps you sane and your answer organized.
Attempt every question; better some points than no points.
Bank time: Use 25 minutes or less per question.
Make it easy to grade: Follow question order; use short paragraphs, short sentences, headings and transitions!
It is possible to ace every essay, you can do it!
The most common topics about Land are Landlord / Tenant issues and Leases
Elder law and death-related topics include Wills, Estate Admin, Guardianships
Business topics: BA: corporations, partnerships, LLCs; UCC; Consumer Law; Agency and Trusts relationships
