Tuesday, July 4, 2017
Do you remember the game show “Supermarket Sweep”? (If not, click here for a short video.) The concept was simple: contestants had a short period of time to spend as much money as possible in a grocery store. The team with the highest total at the cash register won. Although the contestants were permitted to navigate the aisles in any manner they wished, the winning teams all tended to follow a predictable pattern to success. To win, contestants had to (1) pick-up numerous big ticket items, (2) grab a few specialty items, and (3) use their time efficiently.
Bar studiers can follow a similar strategy for success in July.
- Big Ticket Items
Whole hams, check. Super-sized tubs of condiments, check. Putting the “heavy lifting” items in the game show cart typically resulted in a good total at the cash register—but maybe not enough to win. Rather the contestants needed these big ticket items just to stay competitive. Likewise, bar studiers have to master certain subtopics, if they want to be competitive on game day. What’s the bar exam equivalent of a half-dozen fifty-pound bags of dog food? Answer: civil procedure jurisdiction, individual constitutional rights, contract formation, criminal homicide, evidentiary relevance, hearsay, and tortious negligence. According to the NCBE’s Subject Matter Outline, these big ticket items account for roughly one-quarter of the 200 MBE questions. Therefore, bar studiers are wise to pick-up these topics before moving on to the more nuanced specialty items.
- Specialty Items
If you watched the video link, you might have asked yourself: “Why is everyone buying bottles of Lysol cleaner?” After all, Lysol retails for less than $10.00. Well, on that particular episode, Lysol was a specialty bonus item—an item that could result in a larger than expected payoff at the cash register (provided the contestant could find the small bottle in the vast store). The bar exam is full of specialty items too. Bar studiers must identify select, discrete subrules and exceptions that they can master very quickly, resulting in a positive return-on-investment. A bar studier is not going to be able to acquire every unique subrule or exception. Rather the bar studier must be strategic about spotting those particular rules that they can “put in their shopping cart” with just a small amount of targeted effort. For example, spending an hour to learn the difference between spousal immunity and confidential marital communication is time well spent. Conversely, spending three days spinning your wheels on that same question is not. After all, the clock is ticking.
- Time Management
With only a few minutes to shop, contestants must use their time wisely. Similarly, bar studiers have to maximize their study time in July. Developing a detailed plan of attack for July tends to be the step most bar studiers skip; bar studiers mistakenly believe that all study hours are created equal. To ensure maximum time efficiency, bar studiers should use the results of their midterm exam to develop a day-by-day plan of attack for July. Bar studiers should start by deciding which topics will be tackled each day by identifying which topics will result in the biggest gains. A solid plan will surely include sufficient time to acquire any big tickets items that are not already in the bar studier’s cart and also include time to not only identify, but also learn select specialty rules. The plan should also incorporate a mix of non-negotiable language (“No matter what, I am going to …”) and some contingencies (“If time permits, I will…” or “I need X or Y, but would love both.”). I’ve attached a Download Calendar - Bar Exam July 2017 to help the bar studier start crafting his/her individualized plan for success. Once the plan is complete, the only thing left to do is execute with game-show-winning precision.
P.S. Happy Fourth of July! (Kirsha Trychta)