Does the Florida Bar Test the Same Topic Two Years in a Row?
Does the Florida Bar test the same topic two years in a row? This is one of the most popular questions among first time Florida Bar Exam test takers. The easy answer is yes, but that is a superficial answer that does not do justice to the breadth and depth of Florida Bar essays and their degree of complexity.
The Florida Bar Examiners have tested and may test the same subject matter twice on consecutive Exams, but the nature and specifics of the question will invariably vary. For instance, contracts may be tested two times or more in consecutively, but the field of contract law is almost unlimited, and the potential grinding of the kaleidoscopic facts can go in almost any direction. Many of the primary principles remain the same, but if one question concentrates on common law anticipatory repudiation, the next question may focus exclusively on Uniform Commercial Code and commercial paper law that are vastly different in application. Let’s ask again, Does the Florida Bar test the same topic two years in a row, but add a new wrinkle, does the Bar test the same topic exclusively, or does the Florida Bar add additional subject matters onto/with the topic to keep test takers on their proverbial feet?
The Florida Bar makes us do mental gymnastics and rightly so. Therefore, my observation is that the Bar Examiners may test torts in February, and then combine torts and real property or torts and contracts in July. There may be some law or series of elements that are repeated, but the facts will change and the outcomes of each fact pattern will likely be changed to accommodate the overriding principle of writing under pressure and under extremely challenging conditions. One more time, Does the Florida Bar test the same topic two years in a row? Yes, and no, and maybe, but either way, your obligation to prepare thoroughly and to devote your mind to learning Florida law and how to provide a basic foundation for every topic tested.