As the exam approaches, a lot of students get increasingly nervous about the MEE. Why? You have to recall a bunch of rules and you feel like you couldn’t possibly know them all. Students fear that moment when they read an essay and they draw a blank and don’t know the rules it is testing. Picture this – you sit down and read an MEE. You look at the question. You know it’s obviously testing something, but you’re not sure what rule it is. So, what do you do?
Make Up Rules!
I may sound a bit crazy to you right now, and you might think I’m joking, but I’m not. I’m telling you to make something up. Remember that you’re not just being tested on rule statements. You’re being tested on issue identification, analysis, and conclusions. Even if you have the wrong law, you will get partial credit for spotting the issue, providing the analysis, and stating a conclusion.
Let’s look at a couple of examples.
Let’s say you get an essay dealing with LLCs. It looks like it’s an issue involving piercing the corporate veil, but you can’t remember what that rule is for but you only the rule for piercing the corporate veil of a corporation and not an LLC? Write the rule for piercing the corporate veil of a corporation – it is likely similar and you will get points for it.
Let’s say you’re dealing with a real property essay, and you get asked who has priority over a mechanic’s lien (hello July 2018). You do not even remember hearing about a mechanic’s lien. What do you do? Write the rule for priority of security interests that you know, or priority of mortgages – just focus on priority. Again, this will help you get points.
Don’t panic. Balance your essay out. Spot as many issues as you can. Make up a rule and analyze it. Use context clues from the fact pattern to determine what law you should be writing. Apply the basic legal concepts that apply to a set of facts. Remember, even if your rule is wrong, you will still get points for your analysis. If you follow this advice, you will be able to score some points!