A student Tuesday night was quite adamant that essay 4 could not be answered in 500 words. I agreed to post “my answer” to the essay although with a little trepidation. I do not expect students to give the answer of a polished attorney, nor does the bar exam. I remember when I took the bar review course, the instructor was telling us not to go past the time limit for the question (at that time 53 minutes) no matter what. He joked, “You couldn’t copy the model answer in 53 minutes!” A passing answer on the bar exam is the answer of a person with a basic understanding of the rule and the ability to use the facts given and the rule to reach a conclusion. In class I go off many different directions trying to give the student a sense of all the possibilities suggested by the rule being discussed. That is not required to get a passing grade on an exam.
My Answer to Question 4 Continue reading →