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Pass The Bar.Com The Performance Test
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Seminar Materials: PDF - Listen Now Conventional essay exams require students to apply legal principles to the facts in a pattern in response to one or more specific questions. Performance tests require applicants to read a hypothetical legal "file" about a client and a "library" of applicable law, and demonstrate a working understanding of the material by writing one or two relatively lengthy answers. The examiners appear in the form of a "Senior Partner" or other suitable authority figure, presenting the applicant with a "task memo." The memo explains the writing assignment. Although bar exam experts do not all agree, in my opinion these assignments fall into two broad categories: objective and persuasive. Objective performance examinations are quite similar to conventional essay questions, even though they are quite a bit more elaborate. This type of performance examination requires an applicant to apply the law from the library to the facts from the file. The "issue spotting" process is no more sophisticated in an objective performance examination than it is on a regular essay question. Suppose a performance test has the Applicant working for the local District Attorney, and the Head DA in charge of the juvenile office wants to know if they should file attempted murder or assault with a deadly weapon charges. It makes sense that the Applicant would be expected to split the answer into sections based on elements of the prima facia cases and connect the facts to the elements. Persuasive or Argumentative performance examinations present a unique challenge. Here, an applicant is required to advocate specific legal positions on behalf of a hypothetical client. Many applicants find it very hard to make good arguments under time constraints. Sadly, most law schools do not dirty their hands with something as mundane (and important) as teaching their students how to solve specific legal problems or argue on behalf of an unattractive client.
1. The Performance Examination is an extension of the Essays All of the basic techniques of bar examination writing apply to the Performance Test. It does not make a lot of sense to practice performance exams until one is well versed in all the simple, direct and well organized style techniques of good essay writing.
2. Every Performance Examination has the key to its answer built in. Somewhere in the written materials, the Examiners will give you the five part test or section of applicable statutes that provide an obvious method to organize your answer. Remember that the Examiners want you to be well organized and thorough - and responsive to the instructions.
3. Time Management Mr. Pearce advises applicants to spend about half of the allocated time on organizing and outlining the answer. The rest of the time is for writing. In contrast, he advises students to devote about one third of their time to outlining their answers to essay questions.
Step One Read the task memo and create an outline of your responses. Step Two Skim all of the material in the order it is given to you, annotating the tables of contents and your outline. Step Three Carefully read the most important material, annotating the table of contents and your outline. Step Four Read the rest of the material, annotating the table of contents and your outline. Step Five Review the task memo, making sure you are prepared to be fully responsive. Step Six Refine your outline - get ready to find a home for all the relevant law and as many facts as possible! Step Seven Write a well organized, thorough answer that a chain smoking solo practitioner can make sense out of in two to three minutes. If you help the grader be lazy, you will get less scrutiny and more points!
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