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In recent years, the MBE has undergone many changes to become more consistent in style and format, resulting in more concise questions. Multistate Edge wants students to be aware of the several changes to the format of MBE questions that the NCBE announced and put into effect starting with the July 2009 bar exam:
- There are no “none of the above” or “all of the above” answer choices.
- There are no hypothetical fact-based answer choices (options that include “if” or “unless” statements which change the fact pattern).
- Common nouns are used in lieu of proper nouns when practical (e.g., “a painter,” not “Pat” or “Painter”).
- There are no “K-type” questions (Roman numerals in complex answer choices, e.g., I is true, but II and III are not true).
- Each question relates to a single fact pattern instead of a series of questions relating to one fact pattern.
In addition, the language in the answer choices is parallel. That is, the test taker has options comparing similar elements, such as four different causes of action or four defense theories, etc., rather than comparing an answer choice that has a cause of action to one that has a defense theory.
Here is an example of a “K-type” question that is no longer on the MBE (or at Multistate Edge)!
What does this all mean? In the end it really means only one thing: you should no longer be using MBE practice questions in the old format. One of the most oft-repeated pieces of advice regarding bar exam prep (and MBE prep in particular) is to practice as many MBE questions as you can, making sure to do those questions in as close to realistic test conditions as possible. That means answering practice questions in a timed environment whenever possible. It means finding questions that, on par, are about as difficult or as tricky as those you’ll see on the MBE. Most importantly, it means answering only MBE questions that reflect the new question format! Studying and practicing for the MBE with updated question formats will prepare you for the actual MBE and simulate what you’ll see on exam day. It will also help you accurately score yourself and keep track of how much time you need to plow through the examination.
There are plenty of options available to assist you with bar prep (and MBE prep in particular). Do yourself a favor and verify with your bar review company that their MBE practice questions are up-to-date with the current MBE question format standards. The last thing you want is to show up on that last Wednesday in July or February and see questions that don’t look familiar!
Multistate Edge is one of the bar review companies that has updated its questions to the current MBE format. We excluded “K-type” questions, our fact patterns no longer have multiple questions, and our answer choices have been updated so that there are no “none of the above” or “all of the above” choices in the options.
For more information on the recent changes to the MBE, please read “Recent Changes in NCBE’s Multiple-Choice Examination Programs” by Beth E. Donahue of the NCBE.
