The new format of California Bar Exam MCQ
As you prepare for the California Bar Exam, it's important to understand how the multiple choice questions will evolve with the new format provided by Kaplan. This note outlines key changes to help you adapt your study approach.
Note: This analysis is based on a limited sample of approximately 25 recent questions from Kaplan's materials and may not represent the full range of question types on the current exam. However, clear patterns emerge even from this small sample.
Sample from Kaplan’s new format
Core Elements That Remain Constant
Don't worry - the fundamental structure remains familiar:
All questions still use four answer choices (A-D)
Each presents a fact pattern followed by a focused question
You're still being tested on application of law to facts
Key Changes in the New Format
1. Increased reliance on applying facts to precise Rules of Law
This is the most important difference. Based on the sample, questions includes many exceptions to the rule, including issues rarely tested, such as shipments of goods with “accommodations”, “FOB” according to the UCC, “disaffirmation by a minor”, criminal battery, etc.
Old Format: mainstream legal principles / general rules / could rely on bar prep companies' "most frequently tested" topics
New Format: emphasis on exceptions to rules / niche topics / nuance / specific sub-rules and applications
What This Means for You: Focus on application skills i.e. making sure you are applying the facts to the rules. Don't just memorize the general rules – you need to deeply understand both rules AND their exceptions, even in areas rarely covered in law school or bar prep materials. Spend more time analyzing explanations for both correct and incorrect answers rather than just checking if you got the right one.
2. Streamlined Fact Patterns
Old Format: Complex scenarios with multiple subplots and characters
New Format: More focused presentations that zero in on core legal issues
What This Means for You: Focus on identifying the central legal issue rather than getting lost in factual details
Notice how the new format presents a clearer sequence of events focused on a single legal issue.
Old Format:
A father lived with his son, who was an alcoholic. When drunk, the son often became violent and physically abused his father. As a result, the father always lived in fear. One night, the father heard his son on the front stoop making loud obscene remarks. The father was certain that his son was drunk and was terrified that he would be physically beaten again. In his fear, he bolted the front door and took out a revolver. When the son discovered that the door was bolted, he kicked it down. As the son burst through the front door, his father shot him four times in the chest, killing him. In fact, the son was not under the influence of alcohol or any drug and did not intend to harm his father.
New format:
A high school football player painted "Smoke Pot!" on his school-issued jersey. The football player wore the jersey during a practice that took place at the school during his lunch hour. The school principal attended the practice and had the football player removed from the practice. The principal alerted the football player that he was suspended because his message promoted illegal drug use, violated the school's policy against drug use, and undermined the school's authority.
3. Answer Choice Structure
Old Format: Variable lengths and structures in answer choices
New Format: More uniform construction with parallel phrasing
What This Means for You: Look for patterns in answer choice construction to help eliminate clearly incorrect options
4. Issue Focus
Old Format: Multiple legal issues often intertwined within one fact pattern
New Format: More precise targeting of specific legal principles
What This Means for You: Practice identifying the primary legal issue being tested
Old Format (mixing property, tort, and notice issues):
A man has four German shepherd dogs that he has trained for guard duty and that he holds for breeding purposes. The man has “Beware of Dogs” signs clearly posted around a fenced-in yard where he keeps the dogs. […] One summer day, the neighbor entered the man’s fenced-in yard to retrieve a snow shovel that the man had borrowed during the past winter
New Format (focusing on a single constitutional issue):
A U.S. naval base located on the coast of State A suffered a sudden attack launched by a foreign nation... Within an hour of the attack, and without prior congressional authorization, the President responded by increasing air defenses...
Study Tips for the New Format
Focus on application skills i.e. making sure you are applying the facts to the rules.
Spend more time analyzing explanations for both correct and incorrect answers.
Focus on precision in legal analysis rather than getting caught up in complex fact patterns
Train yourself to quickly identify the core legal principle being tested
Conclusion
With the information gathered so far, the major change is the increased reliance on applying the facts to precise rules of law, including exceptions. The other changes relate more to format, and they may make the exam more straightforward in terms of what's being tested. The new format rewards precise legal analysis and clear understanding of core principles rather than the ability to untangle complex fact patterns.
Remember: The goal of these changes appears to be testing legal knowledge more efficiently, not making the exam harder. Adapt your study approach accordingly, and you'll be well-prepared for either format you encounter.
Good luck with your preparation!