Passing the Bar
Professor Vernellia Randall

Play the Right Role!

2003 Sample Study Schedule: Updated Weekly
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The entire section is based on Michael Josepheson, Evaluation and Grading in Law School, AALS Section on Teaching (1984).
 

Playing the Right Role 

It is very important that you examine the options in light of the role that you are assigned in the question. The three most common roles are:

bulletJudge
bulletAdvocate
bulletScholar

 

Acting as the Judge
bulletExample:  If John sues Mary for battery, the court should find in favor of . . .
bulletStart out with no particular result or conclusion in mind.
bulletDo not decide questions of facts.
bulletBe alert for misstatements about facts in lawyers arguments.
bulletDo not try to resolve the issue until you have considered all the arguments presented in the options.
bulletExamine each option in turn.
bulletAre facts and law accurately stated.
bulletIs conclusion offered consistent with the argument advanced.
bulletThe correct option is the one where the argument advanced is based on accurate statements of fact and law and is consistent with the conclusion offered.
bulletSelect it, even though you may not like the result

 

Acting as the Advocate
bulletExample: Which of the following is the most effective argument in favor of Mary's position?
bulletExamine each option in turn
bulletIs the law Accurately stated?
bulletAre the inferences on which it is based justified by the facts given?
bulletCould the argument result in victory for the client?
bulletThe correct option is the one where the argument advanced is based on accurate statements of fact and law and is consistent with the conclusion offered.
bulletSelect it, even though you don't really believe that your client can win.

 

Acting as the Scholar
bulletExample: The interest in Blackacre which John had on the day after Testatrix's death is best describe as a . . .
bulletDon't try to decide or influence the outcome.
bulletUse your knowledge of the law to recognize the legal significance of a particular fact or to select the most applicable rule
bulletFocus on the a specific and limited issue.
bulletResolve the issue in your mind and then examine each of the options carefully and select the one which comes closest to the rule that you have already formulated.
bulletSelect it, even though you don't really believe its just.

 

 
 
 

 

Same Level:
[ Overview of Multiple Choice Questions ] [ Recognizing Distracters and Foils ] [ Play the Right Role! ] [ Strategies and Tactics ] [ Analyzing  Multiple Choice Questions ] [ Analyzing Responses ] [ How Options Can Be Wrong ] [ How to Guess Intelligently ] [ Taking the Multple Choice Test ] [ Varieties in the Form of the Question ] [ Varieties in the Nature of the Question ]
Child Level
Parent Level:
[ How to Take Multiple Choice ] [ Right Result - Right Reason ] [ Monitoring MBE Exam Score ] [ MBE Practice Sheet ]


Always Under Construction
Last Updated:
Saturday, May 17, 2003

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