Can you get the law wrong on the bar exam essays and still pass it?

Most state bar exam essay questions (and CA is no different) ask students in various ways to (1) spot issues, (2) identify the law that governs the issues, (3) apply the law, and (4) explain the conclusion.  It's the generic IRAC (issue, rule, analysis, conclusion) approach that you are taught in law school.  You get points for each step that you answer correctly, and for complex matters, there may be points for partially correct answers, as well. When faced with a difficult question, the worst thing you can do is throw up your hands and leave an answer (or portion of an answer) blank for fear of being wrong.  Let's say you're faced with a question where you can see the legal issues presented and have an understanding of the correct outcome, but are unsure how to get from point A to point B in terms of the applicable law.  Odds are low that you'll be able to pick up all available points on such a question, but you could still pick up at least some points by spotting the issues, identifying what you believe to be the law, and applying your understanding of the law in a coherent manner to reach what you believe to be the correct outcome.  Answers that (a) misidentify the law, but apply it correctly or (b) identify the law but apply it incorrectly are still going to get more points than someone who identifies the issues and then stops. The bar exam is simply a matter of accumulating enough points to pass: everyone is going to be faced with some questions that present challenges, but the best approach is to salvage what points you can from the question, as opposed to losing the opportunity to score any points.  This way, your good answers are not overwhelmed by a small number of bad ones.  So yes, it's absolutely possible to pass the bar exam even though you don't know the law on certain questions.  But that being said, this approach is designed to help someone write essays that are 4 points out of a hypothetical 10 as opposed to 0 points.  If you're writing 4/10 responses to every essay, you're highly unlikely to pass, so one shouldn't assume that they can pass the bar exam without knowing any of the law.This answer is not a substitute for professional legal advice....

The point of this strategy is that it's better to get a half-point for raising the appropriate rule of law and missing it's application than it is to get no points for not raising it at all. Think about this as a game theory problem - you get zero points for an issue or rule of law that you don't identify, a half-point for raising an appropriate rule of law or issue, and a full point for applying that rule of law correctly to a valid issue at hand.  You gain nothing if you don't raise a rule, but if you raise it and mis-apply it, then you at least gain a half-point. This really is how most bar exam essay tests are graded, so it behooves you to at least raise as many potentially-relevant issues and rules of law as you possibly can, and then dismiss them through application or through some analysis that rules them out. Keep in mind, this is only on the periphery of your score - it might be enough to push you over the edge to passing if you're right on the cusp, but it's not going to ever be enough if you honestly don't know the law or the issues that are raised in the question.  If you raise the law, but fail to apply it correctly every time, the best you can hope for is 50% of the possible score, which will never be enough to pass.  But it could be enough to push you over the edge if the passing score is a 75 and you've got a 74 through proper application of most of the rules.This answer is not a substitute for professional legal advice....

In my state, North Carolina, the graders don't start out with a grading rubric, they make it from reading the essays. This means if no one knows the law, the best BS'er sets the standard. I think the key to doing well on the bar is just being confident in your answer and your writing. Without these two things, knowing all the laws will do nothing for you. On my bar exam, there were a lot of surprises due to BARBRI telling us what would likely be on the exam and what wouldn't. We ended up with Con Law, Family Law, Property, and Civil Procedure questions that were pretty different from what they focused on. Even though some of the questions were "out there" (especially Con Law and Property), I did well enough to pass, fortunately but a lot of people freaked out and didn't (we also had the lights go out for 45 minutes during the exam, a loose mouse/rat, and noise from trees being cut down nearby.  Some people were so stressed they started crying). The best thing you can do to prepare is do "mock exam" study sessions. I did more than a half of a day of essays under timed condition every week (after the first few weeks, so I actually felt like I knew enough to write) and practiced under timed conditions with multiples a few times a week too. I think this helped me more than anything because I didn't freak out because I'd done the exam so many times before and I knew I had to just keep going. Good luck!

Indeed you can. The most challenging part of law is actually taking the law and applying it to specific facts. So, if you cannot remember the law, create something that seems logical (the law really does tend to be logical, especially the black letter stuff) and then apply it to the facts that you are provided in your hypothetical. You will lose points for not knowing the law, but you will gain points for a good analysis and conclusion. If you don't know the law on every question though, I don't think you will pass.

Yes, it's definitely possible to do this in a few places on the exam. As an overall practice it won't work. Our philosophy is that  the exam is not a test of your ability to memorize and recite rules, but rather tests your ability to construct logical arguments and use the law as you know it (or sometimes make it up) to support that position.

I took the NY bar in February 2012 and the CA bar in 2009. I did not do a bar prep course for NY, but I did for CA and got the same advice as you -- if you forget the law, make something up. The assumption is that you won't be doing this a lot and only in the few/minor cases where you just blank on the law. If you make up the law most of the time, the reader may get the impression that you have no clue of the real law and fail you. Making up the law should be a last resort and the assumption is also that if you do have to make something up, it will be close to the real law. I had to make up one rule of law on one of my essay questions (something a tanker truck of gasoline) and I ended up passing just fine. The CA bar's bark is worse than it's bite so don't psyche yourself out over it. AndyThis answer is not a substitute for professional legal advice....

It is my understanding that if one can follow "IRAC" (Issue, Rule, Application, and Conclusion) then, even if one applies the law incorrectly, one will do fairly well.  In most actual cases every party is on point with Issue and Rule and the real crux of the matter is Application and Conclusion.  Almost every time, one side wins and one side loses and it is not always clearcut who the winners and losers will be. I do not know whether or not, in my state (SC), one taking the bar exam can get ALL the law wrong and pass.  Let me say that I would not bet on it and I would not recommend that strategy.

You will make mistake or two or three on the exam period.  If you get all the law wrong on every essay then no you will not pass, but if you mess up on an issue or two you will be fine. I would encourage you to study your ass off to know the law as well as possible. Go in confident that you know your sh** and apply the law. as you know If you put in the work things will probably work out, but there is no hard and fast answer of you can miss X amount of issues on essay and pass. You will have to worry about time, not losing your mind during the exam, etc just do the best you can. I really think many law students, bar takers, and active lawyers overthink things making tasks more difficult. I myself have been guilty of this, but you shouldn't be worrying and analyzing how much you can get away with being wrong on the exam. Instead focus all your energy on knowing the law. Good luck on the exam I know from experience how stressful it can, but my advice is to not overthink and things will be fine. If you were smart enough to get into and graduate from law school you are smart enough to pass the bar.

Something is better than nothing, especially if your issue spotting was awesome and you nailed all the major -- and most minor -- ones.