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INTRODUCTION TO THE VIRGINIA BAR EXAM

RICHARD DOUGLAS, ESQ.

INTRODUCTION TO THE VIRGINIA BAR EXAM

A. WELCOME TO THEMIS/GOALS

Overview of the Virginia Bar Exam

General daily study strategies and how Themis works

How to successfully prepare for each part of the VA Bar Exam using Themis

B. OVERVIEW OF THE VA BAR EXAM – Last Tuesday & Wednesday of February and July

1. Day 1: Local Law

a. Format – Day 1

AM session: 5 essays (36 minutes each = 180 minutes/3 hours)

PM session: 4 essays and 10 multiple choice questions (36 minutes per essay & 36 minutes for the

multiple choice section = 180 minutes/3 hours)

Testable Areas on the Virginia Bar Exam

Business Organizations (Agency, Partnerships and Corporations)

Equity Suretyship

Creditor’s Rights Evidence Taxation (Federal and VA)

Conflict of Laws Federal Practice and Procedure Torts

Constitutional Law (Federal) Local Government Law Trusts

Contracts & Sales Professional Responsibility Virginia Civil Procedure

Criminal Law & Procedure Personal Property Wills and Estates

Virginia Criminal Law Real Property Note: VA law required on all essays, including MBE subjects Domestic Relations Secured Transactions

b. Grading – Day 1

100 possible points allotted

9 total essays worth 10 points each

The multiple choice questions are worth 10 total points (1 point per question)

2. Day 2: Multistate Bar Exam (MBE)

a. Format – Day 2

AM session: 100 multiple choice questions (1.8 min. each)

2 | © 2016 Themis Bar Review, LLC | VA Introduction

PM session: 100 multiple choice questions (1.8 min. each)

Subjects Tested Number of Live Test Questions (175)

Civil Procedure 25

Constitutional Law 25

Contracts & Sales 25

Criminal Law & Procedure 25

Evidence 25

Real Property 25

Torts 25

b. Grading – Day 2

Score based on the number of questions you get correct

You will see 200 questions, but only 175 are “live” or count towards your grade. 25 are test

questions

You will receive a RAW and a SCALED score.

Raw = total number of correct answers out of 175

o Passing candidate generally answers 125‐130 or more questions correct.

Scaled = adjusts for variations and difficulty of past MBE exams

o Typically scale will add 12‐18 points to your raw score

3. Overall Grading of the VA Bar Exam

a. Breakdown

MBE = 40%

VA Essay and MC = 60%

b. Converting raw to scaled

You will receive a raw score on each day of the exam

Raw scores are converted to scaled scores that add up to 200. The VA examiners then come up

with a total scaled score.

Note: You may score above 140 on one portion, and below 140 on the other. As long as the total

scaled score if 140 or above, you will pass.

C. GENERAL DAILY STUDY STRATEGIES AND HOW THEMIS WORKS

1. How to study with Themis

o The bar exam is a .

2. Daily study schedule: Directed Study v. Flex Study

a. Directed Study: Structured sequential daily schedule from Day One to the Bar Exam

Layered approach of studying

VA Introduction | © 2016 Themis Bar Review, LLC | 3

Read

Listen to lecture

Do assessments

Make Study Aid

Practice

b. Flex Study: Pick and choose assignments you want

Both modes are interconnected and will sync up with each other.

If you are a first‐time taker, stick with Directed Study.

Print the schedule (or use the PDF schedule sent to you by your Director)

Simulated Exams and Graded Essays are only available beginning on certain, assigned dates.

3. Daily and Weekly Routine

a. Schedule to stay on track

This is a full time job. Complete lectures and learning tasks during the week, review and practice

more on the weekend.

Schedule your time each day! 8‐10 hours per day – We recommend starting at 9 so you can begin

training for the time frame of bar exam. If you start later, use the same format but you will drop

over into the next day.

Schedule is not 8‐10 hours per day in the beginning because you will not have as many

subjects to juggle

About 3 weeks into the course you will be spending 8‐10 hours per day

3 weeks before the bar examination you will bump it up to 10‐12 hours per day.

Practice, practice, practice, and memorize.


b. Format of your day: Read, listen, summarize, memorize, practice

Read the outline

View the lecture: 3 – 4 hours with assessment questions

Segmented lectures into chapters (15‐20 minutes)

You can watch lectures on 1.5x speed

HANDOUT – each lecture is accompanied by a handout (Click “Lecture Handout” link to the

right of the lecture)

Do the assessment questions following each chapter – will test your ability to retrieve

information covered in the lecture.

SUMMARIZE rules from the handout and begin memorization

Whittle down or condense into a manageable document

Issue/rule lists, mnemonics, flash cards

SHORT summary outlines (a few pages for big picture). NOT TOO LONG or you will lose sight of

the forest from the trees

Road map ‐ This is NOT a traditional law school outline

Segment each subject into compartments (EX: Contracts = offer, acceptance, consideration,

breach, damages)

Gradual process‐‐don’t feel like you have to do everything at one time. If you summarize and

are worried about leaving things out, you can add more in later.

You can use the final review outlines as a starting point (these are contained in your Multistate Practice Exams

book).

PRACTICE the concepts learned

Multiple choice questions will be assigned in sets of 17, 34, 50, and 100

Essays will be assigned 1 at a time, and later you will see multiple essays on various topics

daily

After you complete a practice assignment – SELF‐GRADE and READ the provided Themis

answer for correct and incorrect responses

WEEKENDS

Review everything covered the past week

Short, quick and by topic

4. Final Tips

a. Time management

You will be timed on each assignment

In the beginning, do not stress if you do not finish within time parameters, but that should be your

goal


b. Do your best to keep up

Each week the workload will increase

Goal is to leave the last 3 weeks of studying for a final review period (you should not be watching

lectures for the first time)

c. Scores will improve

Don’t worry if you are scoring below the recommended Themis scores at first.

You will improve if you spend time reviewing.

d. Be patient

Treat this like a job

Put forth a consistent effort

CHAPTER 2: HOW TO PREPARE FOR THE MBE

1. Materials Provided

o MBE Outline Book

o Online lectures for each subject

o Subject‐specific workshops for each MBE subject (strategy tips)

o 2500 online questions

o MBE Practice Exam Book includes four Practice Exams, including Simulated MBE

2. Using These Materials

o After reading the outline and watching a lecture on a subject, watch the MBE Workshop on that subject

o Then PRACTICE

In the beginning, the MBE questions will be subject‐specific (in sets of 17 and 34)

Complete in the allotted time (or close to it)

Review the model answer explanations (BOTH correct and incorrect responses)

I’m missing too many questions – what should I do?

Focus on what you have done throughout law school

Review specific chapters or outline areas that address areas of law you missed

Review assessment questions in the mobile application using our Quiz functionality

Create flashcards, but limit these to the law that you missed

MAKE SURE you go back and review before moving forward

Practice Exams

Exam #1: 45 questions covering 3 MBE topics

Exam #2: 55 questions covering 4 MBE topics

You will be able to compare yourself to other students across the country


Mixed MBE Questions

Simulate the actual format of the MBE

Sets of 34, 50 or 100

Focus on timing

Simulated MBE

200‐questions; 3‐4 weeks before the bar exam

Take under timed conditions

Individual and nationwide performance results given

Followed by analysis lectures – make sure to watch these!


B. OVERVIEW


REVIEW


HOW TO PREPARE FOR THE WRITTEN EXAM (DAY 1)

1. Materials Provided

o VA Outline Book

o Online lectures for each subject

o Hundreds of essay practice questions online

o Essay Writing Workshops

2. Using These Materials

o Watch the VA Essay & Multiple‐Choice Workshops

Essay Workshop: tips on how to identify issues, draft rule statement, and outline your answer

VA Multiple‐Choice Workshop: exposes you to the likely questions and formats

o Then PRACTICE

Timing is key

36 Minutes (10‐15 minutes to outline)

Do not dismiss practicing essays (they are worth 60%!)

Get through as many essays as possible

Review the model answer

Memorize what you missed right after you missed it

Spend approximately 36 minutes reviewing

Check for things like:

o Complete rule statement

o Analysis contain all relevant facts

o Issue spotting

o Conclusion

Turn in your weekly graded essay

Grader will identify areas of weakness (and strength)

Specific feedback on how to improve

Unlimited essay grading available

VA Multiple Choice

Complete as many practice questions as possible

Look for patterns or areas tested repeatedly

Review answers for both correct and incorrect responses

Simulated Written Exam

Final 2‐3 weeks


THEMIS SUPPORT—CUSTOMER SERVICE

1. NOTIFICATION CENTER:

o Envelope in top right hand corner of your screen. Click on “Compose Message” and you will see a drop

down menu of options.

Warehouse for you to post questions and receive information

Post a question – 24/48 hours return time (substantive questions can take longer)

Substantive questions

Rabbit hole dilemma

Weekly email messages from your State Director

MAKE SURE YOU READ THEM

Phone calls

Your State Director will call you during the course to check in make sure you are progressing

and see if there is any way we can help you.

2. PROGESS TRACKING:

Strongest Metric: Completion of 75% or more of the course work correlates to better pass rates

Weekly basis: 10‐12% per week

You can always call us at 888‐843‐6476; you don’t have to wait for us to call you.

What if it’s late at night? 24/7 support. Anytime you are working someone will be there to help. If they can’t

resolve it then, they will get a hold of someone the next morning to help.

CHAPTER 3: EXAMPLES OF STUDENT STUDY AID FORMAT

A. EXAMPLE #1: (WRITING OUT RULE STATEMENTS YOU WILL WRITE IN ESSAYS) JUDICIAL POWER

1. The Eleventh Amendment Limitation

Adequate and Independent State Grounds

The Supreme Court can review a state court judgment only if it turned on federal grounds. The Court has no

jurisdiction if it finds an adequate and independent state ground. When a state court decision is unclear as to

whether it rests on federal grounds or state grounds, the Supreme Court can review the federal issue.

Adequate: the state ground must control the decision no matter how a federal issue is decided.

Independent: The state law does not follow or depend on an interpretation of federal law.

The Eleventh Amendment prohibits the citizens of one state from suing another state in federal court

unless (i) the state consents; (ii) the plaintiff is the United States or another state; or (iii) Congress expressly

says so to enforce rights created by the Fourteenth Amendment.


B. EXAMPLE #2: RULE LISTS/ELEMENTS

ISSUE: ANSWER:

INTRO

A. Fourth Amendment: 1. Prohibition against unreasonable S&S

2. Miranda

3. Search Warrants

B. Fifth Amendment: 1. Privilege against compulsory self‐incrimination

2. Prohibition against double jeopardy (When does jeopardy attach?)

C. Sixth Amendment: 1. Right to a speedy trial

2. Right to a trial by jury

3. Right to confront witnesses (confrontation clause)

4. Right to assistance of counsel

C. EXAMPLE #3: OUTLINES

[END OF HANDOUT]

1. Standing – Can the plaintiff ask for relief from the court? (3 options: Federal court, state court and

Supreme Court) (“To have standing a plaintiff must have injury in fact, causation and redress

ability.”)

a. Is there a real case or controversy?

b. Is it a federal court question (arising from the Constitution?)

c. Is the case timely? (ripe for review or moot?)

d. Does the plaintiff have taxpayer or 3rd party standing?

e. 11th Amendment (The Eleventh Amendment prohibits the citizens of one state from suing

another state in federal court; immunizes the state from suits for damages in an action brought

by a citizen of another state or a foreign country preclude citizens from suing their own state in

federal court.)

2. Separation of Powers – Which branch is acting and can they do that?

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