10 Weeks Until the February 2011 New York Bar Exam

Dear New York Bar Exam Applicants,

Welcome to the latest installment of our NY bar exam newsletter. In this issue, we consider:

• Important Upcoming New York Bar Exam Dates
• New York Bar Exam Study Strategy: The Testing Effect
• New York Bar Exam Essays In-Depth: Issue Analysis, Part 3 of 3
• New York Bar Exam Newsletter-Only Discounts
• Next Issue Preview

Important Upcoming New York Bar Exam Dates

• New York Bar Exam administered, February 22-23, 2011

New York Bar Exam Study Strategy: The Testing Effect

In our last issue, we discussed the "spacing effect," a concept derived from cognitive science (loosely, the study of how human beings learn and retain information) research. This week we address a related concept: the testing effect. An evaluation of the testing effect is important for your bar review, as it demonstrates why practice essays and performance tests are so important for ultimate success on the New York bar exam. Also, a brief explanation may provide additional impetus for you to faithfully integrate practice essays into your New York bar exam preparation.

The Testing Effect Explained

In simplest terms, the testing effect "refers to enhanced memory resulting from the act of retrieving information, as compared to simply reading or hearing the information. The effect is also sometimes referred to as retrieval practice or test-enhanced learning." See http://en.wikipedia.org/wiki/Testing_effect. Research into the testing effect also demonstrates that an individual will know the material better, and be better prepared for an examination, if study is combined with testing vs. study alone. Moreover, the testing effect increases when "feedback" for the "test" is available to the student. "Study" simply means passively reading the testable material (e.g., reading an outline).

Leverage the Testing Effect to Your Advantage During Your NY Bar Review

So, how can the testing effect help you prepare for the New York bar exam? The significance for you is that you can improve your NY bar exam preparation, and take advantage of the testing effect, by integrating "testing" into your exam preparation instead of study alone. "Testing" can be any activity that requires you to recall ("retrieval" in cognitive science-speak) the testable concept or principle (e.g., rule of law). The "testing effect" has been utilized for many years in the form of flashcards and practice multiple choice questions for individuals preparing for bar exams.

However, one area where the testing effect has been neglected for NY bar exam preparation is the integration of full, practice essays with actionable feedback into an individual's bar exam preparation. You wouldn't dream of taking the MBE portion of the New York bar exam without consistent, regular multiple choice practice questions that provide you answer explanations (this type of practice already takes advantage of the testing effect). Likewise, to take advantage of the testing effect for the essays and performance tests, we believe effective, efficient New York bar exam preparation should include regular, practice essays and performance tests that provide you comprehensive, actionable feedback to improve upon your mistakes.

All of our New York bar exam programs are designed with the testing effect in mind, and we believe this type of essay practice with knowledgeable, actionable feedback is a major reason why individuals that complete our essay programs pass the New York bar exam at a significantly higher rate than the overall passing rate.

New York Bar Exam Essays In-Depth: Issue Analysis, Part 3 of 3

Our Essays In-Depth feature is an excerpt from our New York Bar Exam Essay Solution On-Demand Workshop. This week we conclude our 3-part series on Issue Analysis.

Issue Analysis on NY Bar Exam Essays

To recap, in our last two issues, we've explained that Issue Analysis on NY bar exam essays consists of analyzing a given set of facts in light of the applicable law and reasoning to a sound conclusion. We've also identified several, common mistakes that individuals make with their Issue Analysis in the hope that you can avoid similar pitfalls on your NY bar exam. In part 3, we conclude by highlighting an additional, common mistake individuals commit when presenting Issue Analysis on their NY bar exam essays: Cursory Analysis.

Common Issue Analysis Mistake: Cursory Analysis

Another common Issue Analysis mistake is Cursory Analysis. Cursory Analysis is Issue Analysis that fails to fully, and specifically, evaluate all of the relevant, pertinent facts presented by the essay fact pattern. As explained in previous issues, your Issue discussion on any New York bar exam essay should include an issue statement, statement of the law, analysis, and conclusion. The very function of any Issue Analysis is to apply the applicable legal standard(s) to the specific, pertinent facts presented by the fact pattern. The most common form of Cursory Analysis is Analysis that utilizes indirect reference to the facts.

For example, consider the common law burglary example from last week (the elements of common law burglary: a) the breaking and b) entering the c) dwelling house of another d) at nighttime e) to commit a felony therein). Additionally, consider a New York bar exam essay question that provides the following fact pertaining to a possible burglary charge: "the action occurred under moonlight at 2:00 am." Obviously, this fact would be relevant for the "at nighttime" element of common law burglary. However, how you utilize and integrate this fact into your essay answer will determine whether analysis of this element of the crime will include Cursory Analysis. A common approach is for an individual to address the "at nighttime" element of the possible burglary charge by simply stating "as the facts indicate, the defendant committed the act at night." However, this is a classic example of Cursory Analysis, lacking specific reference to the pertinent, relevant facts.

The Cursory Analysis Solution: Specificity of Factual Reference in Your Analysis

To avoid the common mistake of Cursory Analysis, provide specific, direct reference to the pertinent facts in your Issue Analysis. Instead of stating "as the facts indicate," as noted in the example above, explicitly state and integrate those facts into your essay answer. For example "the defendant clearly committed the act at nighttime because the act occurred at 2:00 am under moonlight" is far superior to the Cursory Analysis example provided above.

New York Bar Exam Newsletter-Only Discounts

For our NY bar exam newsletter readers, we are offering $25 off our Ultimate or Paced essay programs for the February 2011 NY bar exam. The discount is valid until December 29, 2010. To obtain the discount, simply enter the code NYBAR25 at checkout.

Next Issue Preview

In our next issue, our Essays In-Depth feature will address how to manage your time effectively on the New York bar exam essays.

If you have any questions about this newsletter or any of our products or services, then please feel free to Contact Us.

Study smart,

-The BarReviewSolutions.com Team