Following up on yesterday’s submit, NCBE Publishes First Samples Of New Query Varieties For NextGen Bar Examination:  Josh Blackman (South Texas; Google Scholar), NextGen Bar Examination MC Questions Solely Require Takers To Spot Points, And Not Apply the Guidelines:

In legislation faculties, generations of scholars have been taught the IRAC mannequin to reply authorized questions. First, college students should spot the problem—what authorized doctrine do the details implicate? Second, college students should state the rule—what explicit authorized precedent, statute, or precept governs this battle? Third, college students should then apply the rule to those details—beneath a selected authorized customary, how ought to the courtroom rule? Fourth, college students should state the conclusion—who wins, the plaintiff or the defendant?

In fact, there are a lot of variations of IRAC, and invariably, many college students cease utilizing it rigidly sooner or later throughout the second 12 months. However the fundamental course of–making use of a rule to explicit details is a cornerstone of authorized training.

That background brings me to the NextGen bar examination. I’ve written about this new formulation of the multistate bar examination, which can launch in some states in 2026. Justice Jay Mitchell of the Alabama Supreme Court docket already expressed a concern that the Nationwide Convention of Bar Examiners (NCBE) is inserting DEI considerations over competence. (Critics contend that the bar examination is racist, and must be eradicated). I’ve one other concern, which can be associated—the NCBE appears to be making the examination considerably simpler.

The NCBE launched a batch of questions to display how the NextGen examination will perform. The a number of alternative questions replicate a brand new method. Reasonably than forcing college students to memorize explicit guidelines, after which apply them, the brand new questions solely ask college students to identify the problem. The pondering is that practising attorneys don’t truly should memorize explicit guidelines, and even know how one can apply them. As long as they will acknowledge what doctrine is implicated, a fast question on WestLaw, Lexis, and (lord assist us) ChatGPT can find the actual rule, after which the lawyer can determine how one can apply that rule to the details (or simply ask ChatGPT to do it). In brief, bar examinees won’t should know the rule, apply the rule, or conclude the case. They solely have to identify the problem. Solely I, not RAC. …

I fear that these questions are far too easy. If the states find yourself adopting the NextGen examination, they need to enhance the minimize rating (the related proportion wanted to go the examination). Lastly, I fear how this examination will trickle all the way down to legislation faculty pedagogy. Will professors shift their protection to not require memorizing and making use of the foundations—solely recognizing points? It is true that every one attorneys have subtle instruments at their disposal to analysis completely different subjects. This new format appears to be a give up to this know-how—do not require college students to do what they do not should. I, for one, don’t plan to alter how I train for this examination. And state supreme courtroom justices ought to take a really lengthy pause earlier than adopting this new examination.

https://taxprof.typepad.com/taxprof_blog/2023/07/ncbe-dumbs-down-bar-exam-if-states-adopt-nextgen-they-should-raise-the-cut-score.html