The first day of the examination focuses on written proficiency and analytical depth. The morning session typically consists of three essay questions, each allotted one hour. Following a lunch break, the afternoon session continues with two additional essays and the 90-minute Performance Test (PT). This configuration tests the candidate's ability to pivot between the rapid-fire issue spotting required for the essays and the sustained, document-heavy analysis required for the PT. Unlike the multiple-choice portion, Day One is entirely subjective in its response format, though it is graded against a specific rubric designed to reward IRAC (Issue, Rule, Analysis, Conclusion) structure. The written portion of the exam, comprising the five essays and the PT, accounts for 50% of the total scaled score. Candidates must demonstrate not only a command of California-specific law where applicable but also the ability to organize complex legal arguments under significant time pressure.
Day Two: The Multistate Bar Examination (MBE)
Day Two is dedicated exclusively to the Multistate Bar Examination (MBE), a standardized component used by almost all U.S. jurisdictions. The bar exam day schedule for Day Two is divided into two three-hour blocks, each containing 100 multiple-choice questions. This section accounts for the remaining 50% of the total score. The MBE is a test of precision and stamina; candidates have an average of 1.8 minutes per question. Of the 200 questions administered, only 175 are scored, while 25 are pre-test items used for future exam validation. These pre-test items are indistinguishable from the scored questions, requiring candidates to maintain a consistent level of focus throughout the day. The MBE evaluates the ability to identify the "best" legal answer among four options, often involving subtle distinctions in common law principles or federal rules of evidence and procedure.
A Deep Dive into the Essay Section
Number of Essays and Subject Matter
The California Bar Exam includes five one-hour essay questions. The california bar exam sections for the written portion cover a broad range of potential subjects. While the MBE is limited to seven core areas, the essays can draw from a much wider pool, including Community Property, Professional Responsibility, Business Associations, Wills and Trusts, and Remedies, in addition to the standard MBE subjects. A single essay question may also be "cross-over," meaning it integrates two or more subjects—for example, Torts and Professional Responsibility. Candidates must be prepared to apply California-specific law when prompted, particularly in areas like Evidence and Civil Procedure, where California’s statutes differ significantly from the Federal Rules. The Professional Responsibility subject is a near-constant presence on the exam, often appearing as a standalone essay or integrated into another topic, reflecting the State Bar’s emphasis on ethical practice.
Time Management for One-Hour Essays
Effective time management is the most critical factor in the essay portion of the CA bar exam structure. With exactly 60 minutes per essay, candidates must strictly adhere to a schedule to avoid "bleeding" time from one question into the next. A common strategy involves a 15/45 split: 15 minutes for reading the fact pattern, outlining the issues, and selecting the relevant rules, followed by 45 minutes of active drafting. Because the California Bar Exam uses a scaled score system, a high-quality response on one essay cannot fully compensate for a failed or incomplete response on another. Candidates must use the Clock Management principle, ensuring they address every major and minor issue identified in the call of the question. Failing to reach a conclusion or omitting a standard of review in a Constitutional Law essay can result in a significant deduction of points, regardless of how well the rest of the essay is written.
Grading Focus for Essay Responses
California bar graders look for specific markers of legal competence rather than just a correct conclusion. The grading scale for each essay typically ranges from 40 to 100, with a 65 generally considered a passing-level response. The focus is on the Analysis portion of the IRAC method. Graders reward candidates who use the provided facts to argue both sides of an issue when the law is ambiguous. This is known as fact-heavy analysis. Simply stating a rule and a conclusion will result in a low score; the candidate must demonstrate how specific facts from the prompt trigger specific elements of the legal rule. Furthermore, the use of appropriate legal terminology and a clear, logical organization is essential. Even if a candidate misidentifies the primary rule, they can still earn substantial partial credit by demonstrating sound legal reasoning and a logical application of the rules they did provide.
The 90-Minute Practical Challenge
The Performance Test is a 90-minute task designed to simulate a real-world legal assignment given to a first-year associate. It does not require prior knowledge of substantive law; instead, all the necessary legal authority is provided within the exam materials. The PT is weighted as equivalent to two essay questions, making it a high-value component of the MBE essays performance test triad. The primary challenge of the PT is the volume of information. Candidates must digest a "File" containing factual documents—such as deposition transcripts, client interviews, and medical records—and a "Library" containing legal authorities like statutes and judicial opinions. The 90-minute limit is notoriously tight, requiring a disciplined approach: approximately 45 minutes for research and outlining, and 45 minutes for drafting the final work product. Success depends on the ability to filter irrelevant information and focus only on the facts and rules that address the specific task assigned.
Typical PT Tasks: Memos, Briefs, and Letters
The PT asks candidates to produce a specific work product as directed by a supervising attorney's memorandum. Common tasks include drafting an objective memorandum of law, a persuasive trial brief, a demand letter to opposing counsel, or a closing argument. Each format has its own conventions. For instance, an objective memo requires a neutral evaluation of both strengths and weaknesses in a client's case, whereas a persuasive brief demands a forceful advocacy-based tone. Candidates must also pay close attention to the Task Memo, which often contains specific instructions on what issues to ignore or what specific format to follow. Ignoring these instructions is a common pitfall that leads to significant point loss. The PT assesses "lawyering skills" such as problem-solving, factual analysis, and the ability to communicate effectively within a professional legal context.
How the PT File and Library Work
The interaction between the File and the Library is the core mechanism of the Performance Test. The File provides the raw data of the case, including conflicting witness statements or ambiguous documentary evidence. The Library provides the legal framework, which may include fictional cases from the "Sixteenth Circuit Court of Appeal" or specific sections of a simulated Civil Code. Candidates must engage in Statutory Construction or case synthesis, extracting specific rules from the Library and applying them to the facts in the File. A high-scoring PT response will not only cite the provided cases but will also perform factual analogies and distinctions. For example, a candidate might argue that the client’s situation is more like the precedent in Case A than the precedent in Case B because of a specific factual similarity. This level of granular comparison is what distinguishes a passing PT from a superior one.
Navigating the Multistate Bar Exam (MBE)
MBE Question Count and Timing
The MBE consists of 200 multiple-choice questions administered over six hours on the second day of the exam. This section is divided into a morning session (100 questions) and an afternoon session (100 questions). To stay on track, candidates must maintain a pace of approximately 10 questions every 18 minutes. The California Bar exam format dictates that the MBE is a test of both speed and accuracy. The questions are drafted by the National Conference of Bar Examiners (NCBE) and are designed to be tricky; they often include "distractor" options that look correct but are legally incomplete or apply the wrong legal standard. Because the MBE is psychometrically equated, the raw score is converted to a scaled score to account for variations in difficulty between different exam administrations. This ensures that a candidate’s performance is measured fairly against a standardized baseline, regardless of which year they sit for the exam.
The Seven MBE Subject Areas
The MBE focuses on seven fundamental areas of law: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. Each subject is represented by 25 scored questions. Within these subjects, the NCBE provides a subject matter outline that specifies the weight given to different sub-topics. For example, in Evidence, roughly one-third of the questions will focus on Hearsay and its exceptions. In Contracts, a significant portion will cover Formation and Performance under both the Common Law and the Uniform Commercial Code (UCC) Article 2. Understanding these internal weightings allows candidates to prioritize their study time. It is not enough to know general principles; the MBE tests the "exceptions to the exceptions," requiring a deep and precise memorization of black-letter law.
Strategic Pacing for 100-Question Sessions
Maintaining a consistent rhythm is the key to surviving the 100-question MBE blocks. Many candidates use a milestone tracking system, checking their progress against the clock every 20 or 30 questions. If a candidate finds themselves falling behind, they must be willing to make an educated guess and move on to ensure they reach the easier questions that may be located at the end of the booklet. There is no penalty for guessing on the MBE, so every bubble should be filled. Another critical aspect of pacing is managing the cognitive load. The questions are not grouped by subject; a question on Federal Jurisdiction may be followed immediately by one on the Rule Against Perpetuities. This "mixed-subject" format requires the mental flexibility to shift legal frameworks instantly. Strategic candidates also practice active reading, underlining the "call of the question" first to determine the legal lens through which the fact pattern must be viewed.
Key Logistics for Test Day
Check-in Procedures and Required ID
Logistical preparedness is as vital as academic readiness for the bar exam day schedule. Candidates are required to arrive at the testing center well before the start of each session for a rigorous check-in process. This includes the presentation of a valid, government-issued photo ID, such as a driver's license or passport. The State Bar of California employs strict security measures to ensure the integrity of the examination. Candidates are often assigned a specific Applicant Number, which is used to identify their exam materials anonymously to ensure unbiased grading. Failure to arrive on time or provide proper identification can result in a disqualification from that session. The check-in period also involves the distribution of the Scantron sheets for the MBE and the verification of laptop software for those opting to type their written responses.
Permitted and Prohibited Items
The California State Bar maintains an exhaustive list of items that are allowed in the testing room. Generally, candidates may bring their ID, several sharpened No. 2 pencils (for the MBE), pens (for the written portion), and a small plastic bag for personal items like keys or feminine hygiene products. Specifically prohibited items include all electronic devices (other than the approved laptop), watches (only certain non-digital types may be allowed), hats, and any study materials. The Security Protocol is unforgiving; possession of a prohibited item, even if not used, can lead to an investigation and potential exclusion from the bar. Candidates should also be aware of the rules regarding "silent" items, such as earplugs, which must usually be of a specific type (non-electronic, foam) to be permitted. Understanding these constraints beforehand prevents unnecessary stress on the morning of the exam.
Break Schedules and Timing Signals
During each three-hour session, there are no scheduled breaks. If a candidate needs to use the restroom, the clock continues to run, making efficiency paramount. The supervisors provide timing signals at specific intervals—typically at one hour, 30 minutes, and 15 minutes remaining—to help candidates track their progress. However, the ultimate responsibility for time management rests with the examinee. Between the morning and afternoon sessions, there is a mandatory lunch break, usually lasting between 60 and 90 minutes. Candidates are typically required to leave the testing hall during this time. It is essential to use this break for physical and mental recovery rather than discussing questions with other candidates, which can lead to increased anxiety and a loss of focus for the subsequent session. Adhering to the Exam Instructions regarding the end of a session is also critical; continuing to write or bubble in answers after the "stop" command is given is a serious conduct violation that can result in a score of zero for that section.