• Website Address: http://www.nybarexam.org/
• What are the Exam Dates? The exam is offered twice a year: on the final Tuesday and Wednesday of February and on the final Tuesday and Wednesday of July.
• When is the Examination Application Filing Period?
         • February: November 1 – November 30 prior to the exam
         • July: April 1 – April 30 prior to the exam

• What type of information is available on the “http://www.nybarexam.org/” website?
  It is full of useful information, including a “New York State Bar Exam Handbook” which is a “must read.” E.g., it includes “past exam questions with sample answers.” The “foreign legal education” section details the rules and process you should follow to become eligible to sit for the New York State Bar Exam. http://www.nybarexam.org/Foreign/ForeignLegalEducation.htm
• How do I get my questions answered?
  The only way to get an answer to any bar exam question is to review carefully the information they provide, and to contact them directly if you have a very special question. Usually they answer questions only if submitted in writing. They have a series of good “Frequently Asked Questions” at http://www.nybarexam.org/faq/faq.htm.
• Do I have to complete the LL.M. in order to be eligible?
  Yes, if you are required by New York Bar rules to take “a program of study of at least 20 credits at an ABA-accredited law school in the U.S.,” you must complete the LL.M. in order to establish your eligibility. So, in the rare case of a student having 20 credits but not having all the required courses to earn your LL.M., you will have to complete the LL.M. before you can sit for the exam.
• Can I use my membership in the New York Bar Exam to waive into the D.C. Bar without any further conditions?
  No, D.C. will not allow a foreign-educated law graduate to waive into the D.C. bar based solely on your success in the New York Bar. You need to be a member of another jurisdiction's bar for the 5 years preceding your application to waive into D.C. without taking the D.C. bar examination.
• Are there any other tests required in addition to the Bar Exam itself?
  Yes, admission to the New York Bar also requires success on the Multistate Professional Responsibility Examination [MPRE]. Under Rule 520.7(a) of the Rules of the Court of Appeals, to be certified to practice law in New York, you must have achieved a passing score on the MPRE. Application and information regarding the MPRE is available from the National Conference of Bar Examiners [NBCE] at http://www.ncbex.org/multistate-tests/mpre/. The current passing score is “85.”
• What happens if I cannot take the exam after I register?
  You should notify the Board of Law Examiners that you are withdrawing. Your application fee can only be refunded in the most compelling circumstances.  See:  http://www.nybarexam.org/faq/faq.htm#withdraw
  If you wish to re-apply to take another administration, you can apply for the exam online. The Board of Law Examiners retains applicants’ records for five years, so you do not have to go through the entire documentation process.
  
  

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DESCRIPTION OF THE BAR EXAMINATION

The New York State bar examination is administered twice a year on the last Tuesday and Wednesday of every February and July.

The New York section, given on Tuesday, consists of five essay questions and 50 multiple choice questions prepared by the New York Board, and one Multistate Performance Test question, developed by the National Conference of Bar Examiners. See more information next page.

Schedule for First Day of the Examination (Tuesday):
In the morning session, which begins at 9:00 A.M. and ends at 12:15 P.M., applicants must complete three essays and the 50 multiple choice questions in three hours and 15 minutes. Although applicants are free to use their time as they choose, the Board estimates an allocation of 40 minutes per essay and 1.5 minutes per multiple choice question.

In the afternoon session, which begins at 1:45 P.M. and ends at 4:45 P.M., applicants must complete the remaining two essay questions and the MPT in three hours. Again, although applicants are free to use their time as they choose, the National Conference of Bar Examiners developed the MPT with the intention that it be used as a 90-minute test. Therefore, the Board recommends that applicants allocate 90 minutes to the MPT and 45 minutes to each essay.

The second day of the exam is the Multistate Bar Examination [MBE] section which consists of 200 multiple choice questions. Each day of the examination will consist of a morning session and an afternoon session with a lunch break in between. The examination is given at the same time and date at various testing locations across the state.

Schedule for Second Day of the Examination – MBE (Wednesday):
The second day of the examination is the Multistate Bar Examination. The Multistate Bar Examination (MBE) is a six-hour, two-hundred question multiple-choice examination covering contracts, torts, constitutional law, criminal law, evidence, and real property. The examination is divided into two periods of three hours each, one in the morning [9:00am to 12:00pm] and one in the afternoon [1:30pm to 4:30pm], with 100 questions in each period.

MULTISTATE BAR EXAMINATION (MBE)
Effective with the February 2007 bar examination, the MBE will include 190 live test questions in the following areas: Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. There are 33 questions each in Contracts and Torts and 31 questions each in Constitutional Law, Criminal Law and Procedure, Evidence, and Real Property. In addition the exam contains 10 pretest questions which are indistinguishable from the live test items, but will not be used for scoring purposes.

Additional information on the MBE, including the availability of sample questions, is available from the National Conference of Bar Examiners at http://www.ncbex.org/multistate-tests/mbe/.

NEW YORK LOCAL SECTION
The New York portion is based on both procedural and substantive law. It may deal with the six subject matters covered on the Multistate Bar Examination (MBE)--Contracts, Constitutional Law, Criminal Law, Evidence, Real Property, and Torts (including statutory no-fault insurance provisions). In addition, the questions may deal with Business Relationships, Conflict of Laws, New York Constitutional Law, Criminal Procedure, Family Law, Remedies, New York and Federal Civil Jurisdiction and Procedure, Professional Responsibility, Trusts, Wills and Estates , and UCC Articles 2, 3, and 9. More than one subject is tested in a single essay question. Except for questions involving federal law, the New York essay and multiple choice questions are based on the law of New York.

MULTISTATE PERFORMANCE TEST (MPT)

The MPT, developed by the National Conference of Bar Examiners, is a 90 minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.

The Multistate Performance Test is designed to test an applicant’s ability to use fundamental lawyering skills in a realistic situation. Each test evaluates an applicant’s ability to complete a task which a beginning lawyer should be able to accomplish.

The materials for each MPT include a File and a Library. The File consists of source documents containing all the facts of the case. The specific assignment the applicant is to complete is described in a memorandum from a supervising attorney. The File might also include, for example, transcripts of interviews, depositions, hearings or trials, pleadings, correspondence, client documents, contracts, newspaper articles, medical records, police reports, and lawyer’s notes. Relevant as well as irrelevant facts are included. Facts are sometimes ambiguous, incomplete, or even conflicting. As in practice, a client’s or supervising attorney’s version of events may be incomplete or unreliable. Applicants are expected to recognize when facts are inconsistent or missing and are expected to identify sources of additional facts.

The Library consists of cases, statutes, regulations and rules, some of which may not be relevant to the assigned lawyering task. The applicant is expected to extract from the Library the legal principles necessary to analyze the problem and perform the task. The MPT is not a test of substantive law, and problems may arise in a variety of fields. Library materials provide sufficient substantive information to complete the task.

The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for relevant principles of law; (3) apply the relevant law to the relevant facts in a manner likely to resolve a client’s problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints.

Additional information on the MPT, including the availability of study aids, is available from the National Conference of Bar Examiners at http://www.ncbex.org/multistate-tests/mpt/.

 

 

Revised November 9, 2009 (MBJ)