Rule Ix. Examination - Subjects - Passing Grade

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A. General Examination
All examinations shall be in writing and may cover the subjects hereinafter listed and such other subjects as the Board may direct, subject to prior Court approval.

Business Organizations
This subject heading may include corporations, partnerships, agency and master-servant relationships.

Commercial Transactions
This subject heading may include the general coverage of the U.C.C. This will not include the general subject of contracts and will not include matters relating to warranties under product liability, both of which may be covered under other headings.

Criminal Law and Procedure
This subject heading may include constitutional law as it applies to criminal law and procedure.

Constitutional Law
This subject heading may include both the Arkansas Constitution and the Constitution of the United States. This subject will not be primarily directed to matters relating to criminal law and procedure.

Torts
This subject heading may include the entire field of Tort law and questions concerning product liability.

Property
This subject heading may include the law of real property and, or, personal property. Emphasis here should not be placed on the U.C.C. and other such questions arising primarily under the subject heading "Commercial Transactions."

Wills, Estates, Trusts
Because of the broad scope of this subject heading, questions concerning taxation shall not be covered. Guardianship of both the person and the estate may be included.

Evidence

Practice and Procedure
This subject heading may include both state and federal trial and appellate practice and, where applicable, remedies and choice of forum.

Equity and Domestic Relations

Contracts
This subject heading should place emphasis upon the traditional basics of contract law. Only where duplication cannot be avoided, should matters such as the application of the Uniform Commercial Code be covered under this heading.

Multistate Performance Test
The Multistate Performance Test (MPT) presents problems which arise in a variety of fields of law which include the subject area as set forth in the preceding paragraphs as well as other fields of law. However, materials provided with the examination provide sufficient substantive information to complete the task set forth in each MPT question.

NOTE: Conflict of Laws is not included as a separate subject on the examination. However, conflict questions may arise in the subjects included on the examination and should be recognized as such.

Pass/Fail Determination
The answers to each essay question and each MPT question will be graded on a scale ranging from 65 to 85. This score shall be designated as the applicant's "raw" score on a question. The raw score on each MPT question will be multiplied by 1.5. The resulting products from the MPT questions will be added to the sum of the raw scores from the essay questions to yield a "total written raw" score.

The distribution of the total written raw scores acquired by applicants on a given examination will be converted to a score distribution that has the same mean and standard deviation as those same applicants' Multistate Bar Examination scale scores on that examination . The score on this converted scale that corresponds to the applicant's total written raw score shall be designated as the applicant's "written scale" score. An applicant's total examination score shall be determined by the following formula: total score = written scale score + MBE scale score. An applicant shall pass the examination if he or she earns a total score of 270 points or higher.

A bar examination applicant may retain a Multistate Bar Examination scale score of 135 or more. The retained score may be used in the immediately succeeding examination only. An applicant may transfer from another jurisdiction a Multistate Bar Examination scale score of 135 or more for use in the immediately succeeding examination only.

The Board shall destroy all examination papers, including questions and answers, at the time of the next succeeding bar examination. However, the original copy of each question shall be maintained in accordance with Rule III.

B. Multistate Professional Responsibility Examination

The provisions of Section A of this rule, titled GENERAL EXAMINATION, and the provisions of Rules II and IV of the Rules Governing Admission to the Bar shall govern the semiannual general examinations conducted by the Arkansas State Board of Law Examiners.

As a prerequisite for admission to the Bar of Arkansas by examination each applicant shall be required to attain a scaled score of 85 or more on the Multistate Professional Responsibility Examination (MPRE). This score shall be considered independent of the total score as set out in Section A of this rule. Any applicant may take the MPRE prior to a general examination, or within one (1) year from conduct of a general examination at which the applicant receives a passing score. Individuals who successfully complete the MPRE are allowed to retain, or transfer from another jurisdiction, their passing score for a period not exceeding three years from the date upon which the individual took the MPRE. There is no limit on the number of times that an applicant may take the MPRE without passing.

(Per Curiam November 1, 1971; amended by Per Curiam June 18, 1984; amended by Per Curiam April 4, 1988; amended by Per Curiam May 18, 1992; amended by Per Curiam June 7, 1998; amended by Per Curiam January 18, 1994; amended by Per Curiam May 15, 1995; amended by Per Curiam May 10, 2001; amended by Per Curiam April 25, 2002; amended by Per Curiam June 17, 2004; amended by Per Curiam March 4, 2010.)

Associated Court Rules: 
Rules Governing Admission to the Bar