How Does the Bar Exam Differ From State to State?
Introduction
Though a minority of states have reciprocal agreements that allow lawyers to practice without sitting for another full bar exam, the fact that each state administers its own bar generally means a lawyer admitted to practice in one state is not automatically allowed to practice in another. The differences in eligibility requirements range from differences in the bar exam to who is eligible to even sit for the bar: most states require a Juris Doctor degree from either an ABA accredited law school or one approved by the state. Despite variations across states, the general structure of most bar exams is built on a standard multistate format. Bar exams differ from state to state to the extent they deviate from the multistate exam.
Structure of the Multistate Bar Exam
The bar exam is usually a two-day affair with one day usually dedicated to the Multistate Bar Examination or MBE. Given every last Wednesday of July in every state except Louisiana and Washington, the MBE is usually a six-hour exam administered and divided into two 3-hour parts. In all, the test consists of 200 multiple choice questions on six broad topics, contracts, torts, American constitutional law, criminal law, evidence, and real property. Because the fact patterns of the questions can be complex, the time constraint is usually an important factor.
Other Components of the Bar Exam
In addition to the MBE, most states also include additional essay questions on general legal principles, often in the form of the Multistate Essay Examination or MEE. Some states draft their own essay questions regarding their particular laws, which is where most of the variation in the bar exam exists. Most state bars also require a performance test, which includes documents pertaining to a fictional case, asking the candidate to draft certain pleadings or legal documents. Some states use a standardized Multistate Performance Test, the MPT, while others draft their own performance tests.
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