Wednesday, January 04, 2006

the wasteland

January is the cruelest month. And studying as a repeat taker is harder than I thought it would be.

Of course, this seems counterintuitive. I've studied these subjects a-plenty, and only missed it by 2 points (rounding down), so I should have a respectable grasp on them, right? Most assuredly. But this is proving to be a problem in that my brain refuses to spend too much time trying to absorb material it already knows.

It's very difficult to win an argument with your brain. Should your brain decide that it had just about enough of warrantless search exceptions back in July, then it's very difficult to convince it otherwise. I find that the remaining organs lack any appreciable rhetorical skill.

But the good news is that my practice scores are much higher than they were at this point in the summer. Back when I was doing practice MBE problems in early June, I was just awful. I usually averaged a negative score, which can only be accomplished by not only getting every single practice question wrong, but writing your own problems, and then getting those wrong as well.

But here it is, early January, and I've been averaging in the high 70's. Although I did have one dissapointing setback last night.

I was going through some Torts problems, and was feeling particularly resplendent about a rather impressive streak of correct answers. I had gotten about a dozen consecutive questions correct, and was averaging in the mid-80's for the evening. I then hit three questions that were all based on the same fact pattern.

I got all three of them wrong. It would seem, according to the National Committe of Bar Examiners, the lovely chaps who write these questions, that performing a handstand on a motorcycle while intoxicated and trespassorily joy-riding on a portion of land used for target shooting is not considered to be negligent behavior. And silly me, I sorta kinda thought it might be, and thus got all the questions wrong.

This is absurd. This kind of question has no business being on an examine intended to divine whether or not one would make a capable attorney. If you can't convince a jury that performing a handstand on a motorcycle while intoxicated and trespassorily joy-riding on a portion of land used for target shooting is negligent, then you'd be better off quitting right now and doing something else with your life. Like med school. Or a refrigerator repair course. Or anything else that might be less intellectually taxing for you.

Or here's an idea - you could write Bar Exam questions.

Idiots.