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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)
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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.
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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
VA Introduction | © 2016 Themis Bar Review, LLC | 5
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
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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!
VA Introduction | © 2016 Themis Bar Review, LLC | 7
B. OVERVIEW
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REVIEW
VA Introduction | © 2016 Themis Bar Review, LLC | 9
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
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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.
VA Introduction | © 2016 Themis Bar Review, LLC | 11
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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