Bar Examination - United States

United States

See also: Admission to the bar in the United States

Bar examinations in the United States are administered by agencies of individual states. In 1763, Delaware created the first bar exam with other American colonies soon following suit. A state bar licensing agency is invariably associated with the judicial branch of government, because American attorneys are all officers of the court of the bar(s) to which they belong.

Sometimes the agency is an office or committee of the state's highest court or intermediate appellate court. In some states which have a unified or integrated bar association (meaning that formal membership in a public corporation controlled by the judiciary is required to practice law therein), the agency is either the state bar association or a subunit thereof. Other states split the integrated bar membership and the admissions agency into different bodies within the judiciary; in Texas, the Board of Law Examiners is appointed by the Texas Supreme Court and is independent from the integrated State Bar of Texas.

The bar examination in most U.S. states and territories is at least two days long (a few states have three-day exams) and usually consists of:

  • Essay questions:
    • Essentially all jurisdictions administer several such questions that test knowledge of general legal principles, and may also test knowledge of the state's own law (usually subjects such as wills, trusts and community property, which always vary from one state to another). Some jurisdictions choose to use the Multistate Essay Examination (MEE), drafted by the NCBE since 1988, for this purpose. Others may draft their own questions with this goal in mind, while some states both draft their own questions and use the MEE.
    • Some jurisdictions administer complicated questions that specifically test knowledge of that state's law.
  • Multistate standardized examinations (below)

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