The CA Bar Exam Grading Process -- The Mystery Revealed

I just met with a former bar grader and well-respected bar tutor today, and she explained the mystery of the CA Bar Exam grading process. At last! Knowing this lies the key to success -- because you know what they're looking for. If you already know this, then hooray. If not, then read on...

1. The graders get together in small groups for what is known as a calibration session. They go through the essays and have to come up with the relevant issues, assigning point values to each of them. So you can get 15 points for discussing easements, 10 points for nuisance, and so forth, for a total of 100-110 points. It can exceed 100 points because graders can also assign "bonus" points. So this group of graders (who have already written out their model versions of the answers) subjectively decide on the issues to be graded on, and the points they will assign to each.

2. So each group of graders are different and the ranges and point values are different. The grading is determined subjectively by grading groups and your grade depends on the group your essay gets assigned to. The crucial point is that you have to do a little mental point tally when you read your exam. Note what the big issues are and work it. You can miss issues entirely and still pass if you pick up points on other issues.

3. Each grader is expected to grade 25 essays for appx. 2 hours a night and given boxes of 100 essays with due dates. You do the math. Many graders will procrastinate and realize that they have to grade all 100 in one night! So your essay is down to 1-2 minutes per read. I know this point has been beaten to death, but YOU MUST MAKE IT EASY FOR GRADERS TO READ YOUR ESSAY. Break it down into headings and organize it. They're not going to look for it. Even if you have it, they may not see it.

4. If you're not sure if something is an issue, use it -- but sparingly. Don't be completely ridiculous. I'm talking about Hearsay exceptions and things like that. Graders will not dock points if you throw in extra. Remember, they give you points for spotting the issues and analyzing them. So if you have it in there, at least you'll get some points.

5. Sometimes you'll get a ridiculous question that seems to have no tangible areas of law. Reason through it. Spot the issue, state a rule, and analyze it. Use common sense. Often, you'll stumble across the rule even though you don't use the official name for it through your reasoning. Hey, you still get the points!

7. If you don't know the answer, argue both sides. Remember, you get points for spotting the issue, and points don't get deducted if you argue the other side!

8. Don't forget the basics -- read the question THOROUGHLY and know what the call of the prompt is.

9. ANALYZE. Especially if it's a "big points" issue -- you want to really show the grader you know what you're talking about. Often, the difference between a 50 and a 70 is because of analyzation. They both spot the same issues, but the 50 does a cursory job on analysis whereas the 70 really works through it. Ask yourself WHY, and discuss it.

10. This exam is about being savvy in knowing what the graders want, not about knowing the law cold. Knowing the law obviously helps you think out , organized, well-reasoned answers. But if you don't know it cold, you can still write out a well-reasoned answer. Just read the prompt carefully, use the words in the prompt, and reason it out with common sense.

Let me know if you have any specific questions about the grading process. If it's not something we discussed, I can get the answer for you!