Performance test (bar exam)

Performance test (bar exam)

A performance test is a component of the bar examination in the United States that assesses a candidate's ability to apply legal knowledge in a practical, task-oriented setting. Unlike the Multistate Bar Examination (MBE) or the Multistate Essay Examination (MEE), which focus on substantive law and essay writing, the performance test evaluates practical lawyering skills.

Structure[edit | edit source]

The performance test typically involves a simulated legal task that a new attorney might encounter in practice. This could include drafting a memorandum, writing a brief, or preparing a client letter. The test provides a file of source documents and a library of legal materials, which the examinee must use to complete the assigned task within a set time limit, usually 90 minutes to three hours.

Purpose[edit | edit source]

The primary purpose of the performance test is to measure an examinee's ability to:

Analyze legal issues
Apply relevant law to facts
Organize and manage a legal task
Communicate effectively in writing

Jurisdictions[edit | edit source]

The performance test is a component of the bar exam in many U.S. jurisdictions, including those that use the Uniform Bar Examination (UBE). The UBE includes two 90-minute performance tests as part of its structure.

Preparation[edit | edit source]

Preparation for the performance test often involves practicing with past test questions and focusing on developing strong analytical and writing skills. Many bar review courses offer specific training and practice materials for the performance test.

Scoring[edit | edit source]

Performance tests are scored based on the quality of the legal analysis, the organization and clarity of the writing, and the ability to follow instructions. Each jurisdiction may have its own scoring criteria and weight for the performance test in the overall bar exam score.