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The Multistate Bar Exam, of course, does not test state law. After all, how would they decide which state’s law to test? Accordingly, the NCBE, in their unendi
by singleshot_ 4y ago
The Multistate Bar Exam, of course, does not test state law. After all, how would they decide which state’s law to test?
Accordingly, the NCBE, in their unending wisdom, quizzes applicants on the common law of 18th century England.
I’d also argue that quite a few people care about the bar exam (e.g., the people who study for it for months, or who fail it and cannot practice) while there are loads of lawyers who care very little about the LSAT (e.g., I never took it).
- rayiner 4y agoThe MBE tests a generic version of state law that reflects the majority rule in the states or model codes such as the Model Penal Code or UCC. (It also tests the federal rules of civil procedure and evidence.) The law of all states except Louisiana is based on English common law, and so the MBE reflects that. But it is not a test of 18th century English common law. For example the criminal law questions reflect the model penal code which was developed in the 1960s.
- singleshot_ 4y agoI guess I’ll renew my question, then: which state law does the MBE test? The answer “a generic mishmash of least common denominator state uniform law” ain’t no state I ever heard of, anticipating your answer. If you are barred in this state I guess I could take your word for it. Also I’m not even sure what to say about the idea that “larceny by trick” is statutory criminal law under the MPC but more power to you if it is, I guess.