How to Write a Passing Legal Essay for the California Bar Exam

Twice each year, the State Bar of California administers the California Bar Examination. Lawyers who wish to practice law in California must pass this exam. The California Bar Examination takes place over three days; with three essays set during the morning sessions of Days 1 and 3. These essay questions comprise 39 percent of the total grade for the exam. Candidates must score 67 out of 100 points on each essay to pass this portion of the exam.

Instructions

    • 1

      Read each question carefully before you begin writing. Each question presents a legal situation. A successful answer for the essay questions will show the ability to separate material facts from immaterial facts and to demonstrate which laws apply to the facts and the manner in which these laws solve the question.

    • 2

      Separate the material facts from the immaterial facts in the situation posed by the essay question. Use all the material facts in your answers.

    • 3

      Prepare an outline using the CIRAC method: brief Conclusion, Issue, Rule of law, Application of facts and Conclusion. You can use these categories as the headings for each section of your answer.

    • 4

      Identify all possible causes of legal action that apply to the case. For instance, in a case involving a possibly voided contract, include a discussion of whether or not the contract can be challenged for its validity and also if either party may have committed contractual fraud, even if you ultimately decide that one or both of these possible actions does not apply to the situation.

    • 5

      Identify the applicable rule or rules of law that support any action that would resolve the case. Avoid using abbreviations for the first use of any law.

    • 6

      Demonstrate how the facts uphold or satisfy the action you would pursue in resolving the situation. Clearly explain the logical and legal manner in which the law or laws applies to the facts at hand rather than simply stating the applicable law followed by the facts these laws support. The examination readers will grade on proficiency in application.

    • 7

      Resolve the case in your conclusion by pointing out the legal remedies that you would recommend to settle the case, both in court and out of court. Justify the types of damages or penalties you would seek in your explanation.

    • 8

      Keep your explanations simple. Use legal terms when appropriate, but do not attempt to dazzle the reader. Cover all possible actions and solutions in a broad, straightforward manner.

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