Sample NextGen Bar Exam questions are available at https://nextgenbarexam.ncbex.org/nextgen-sample-questions/
The NextGen bar exam will feature three broad categories of question types:
Multiple-Choice Questions: Approximately 40% of the exam time will be devoted to stand-alone multiple-choice questions with between four and six answer options and one or more correct answers. Initially, many of these questions will closely resemble Multistate Bar Examination (MBE) questions; this will ensure stability between scores for the current and NextGen bar exams. In future administrations, the variety of multiple-choice question types will increase. Note that some multiple-choice questions may also appear in the integrated question sets and longer writing tasks, which are described below. Sample Multiple-Choice Questions
Integrated Question Sets: Just under a quarter of the exam time will be devoted to integrated question sets. Each of these sets is based on a common fact scenario and may include some legal resources (e.g., excerpts of statutes or judicial opinions) and/or supplemental documents (e.g., a police report or excerpt from a deposition) and include a mixture of multiple-choice and short-answer questions. In addition to testing doctrinal law, some integrated question sets will be focused on drafting or editing a legal document; other sets will be focused on counseling and/or dispute resolution. Sample Integrated Question Sets
Performance Tasks: Approximately a third of the exam time will be devoted to three performance tasks. These tasks, like current Multistate Performance Test (MPT) questions, will require examinees to demonstrate their ability to use fundamental lawyering skills in realistic situations, completing tasks that a beginning lawyer should be able to accomplish. These tasks may feature areas of doctrinal law, with accompanying legal resources, not included in the Foundational Concepts and Principles. These areas of doctrinal law might include, for example, Trusts and Estates, Intellectual Property, or Administrative Law. One of the longer performance tasks will include several multiple-choice questions and short constructed response questions focused on research skills, followed by a longer writing assignment. Sample Performance Task
Your client owns a carpet cleaning company. The company recently contracted with a customer to clean the carpets throughout the customer’s ten-story building for $15,000, with payment due in 30 days. Before payment was due, the customer sent your client a check for $12,000 along with a note specifying that several of the carpets still had stains and included pictures of the stained carpets. The customer’s note also said that if your client cashes the check, the remainder of the customer’s debt will be discharged.
Your client now seeks your advice as to whether the company can cash the check without relinquishing its right to recover the remainder of the customer’s debt.
Which of the following search term(s) would be the most likely to produce resources that will answer the client’s question? Select one.
A. Accord and satisfaction.
B. Consideration.
C. Novation.
D. Offer and acceptance.
The correct answer is (A).
Your client, a state college, hired a tennis coach at a salary of $60,000 per year. The parties orally agreed on a start date but did not discuss a contract duration. Seven months after the coach started, the client now wants to fire the coach without holding a hearing because of budget cuts to the college’s athletic department. The client has asked for your advice about the potential legal repercussions of firing the coach.
Which of the following legal topics are the most important for you to research before advising the client? Select two.
A. Employment at will
B. Parol evidence
C. Procedural due process.
D. Substantial performance.
E. Substantive due process.
F. Takings clause.
The correct answers are (A) and (C).