Lesson 11.1: Reading the Stem and the Call of the Question

Introduction

In the world of the Uniform Bar Examination (UBE), the Multistate Bar Examination (MBE) is a crucial component that tests your knowledge of legal doctrine while assessing your test-taking strategies. This lesson will guide you through the essential skills needed to master this exam format, particularly focusing on the art of reading the stem and the call of the question.

Learning Objectives

By the end of this lesson, students will be able to:

• Identify the precise question being asked before evaluating the answer options.
• Spot the controlling facts and the legal issue that the item targets.
• State the legal question and party posture before evaluating answer choices.
• Extract the dispositive facts from a complex question stem efficiently.
• Explain the main ideas and terminology associated with reading the stem and the call of the question.

Hook

As you tackle the MBE, imagine you are a detective sifting through a plethora of clues to solve a mystery—each question represents a case with facts that could lead you to the correct answer. Mastering the technique of reading the stem and the call of the question is akin to honing your detective skills, enabling you to discern vital information that sets the stage for answering each question accurately.

Understanding the Structure of MBE Questions

What is a Stem?

The stem of a multiple-choice question in the MBE is the introductory part that outlines the legal scenario and poses a question. It sets the context and serves as the groundwork for understanding what is being asked.

For example:

A homeowner has a large tree on his property. One day, a strong wind causes a branch to fall on a passing car, damaging it. The car owner sues the homeowner for negligence. What is the legal standard for the homeowner’s liability?

Here, the situation involving the tree and the car is the stem, laying out the fact pattern necessary for understanding the question.

Analyzing the Call of the Question

Following the stem, the call of the question is typically a direct inquiry relating to the scenario presented. Understanding the exact phrasing of the call is crucial because this determines what you are being asked to conclude.

In the example above, the call could be:

What is the legal standard for the homeowner’s liability?

The call of the question prompts you to focus on liability within the context given, thus ensuring your answer reflects this aspect.

Key Strategies for Reading the Stem and Call

Step 1: Read the Call First

A potent strategy while approaching MBE questions is to read the call of the question first before delving into the stem. This helps set your mind to focus specifically on what is being asked.

Step 2: Dissect the Stem

Once you know what question you are answering, you can dissect the stem to identify relevant facts.

Ask yourself:

• What are the controlling facts?
• What legal principles are involved?

For instance, from the tree and car scenario, you might note:

• The act of the branch falling is crucial (a potential negligent action).
• The relationship between the homeowner and the passerby may raise questions about duty of care.

Step 3: Look for Misleading Information

Distractors often emerge within an MBE question, which may contain irrelevant details designed to confuse you. Identifying these distractors is essential, so always ask:

• Which facts are necessary for addressing the call of the question?
• Which facts do not pertain to liability?

Suppose another detail in the stem mentioned that the tree was known to be unstable before the storm. This could be a tip-off of negligence but must be weighed against the specifics of recognized duty and foreseeability in your analysis.

Worked Example

Let’s analyze another example to solidify our understanding:

Example:

A woman goes to a restaurant and orders a dish containing shrimp. After eating, she experiences an allergic reaction, resulting in hospitalization. She subsequently sues the restaurant for failing to warn her about the shrimp. What must she prove to succeed in her claim for negligence?

Step 1: Read the Call of the Question

What must she prove to succeed in her claim for negligence?

Step 2: Identify the Controlling Facts

• The woman has an allergy (a key fact).
• The restaurant's failure to warn about the shrimp’s presence.

Step 3: Evaluate Potential Irrelevancies

Most details about the dish or the restaurant ambiance may only serve as distractors; however, a focus on the duty to inform regarding allergens is essential and directly relates to her claim.

Conclusion

The ability to read the stem and the call of the question effectively is a fundamental skill for success on the MBE. By first identifying the question posed, examining the relevant facts thoroughly, and scrutinizing potential distractions, students will be better prepared to tackle the examination questions with confidence.

Study Notes

• The stem provides context and outlines relevant facts.
• The call of the question specifies what you need to determine or conclude.
• Read the call first to focus your analysis on the specific inquiry.
• Dissect the stem to spot crucial facts that will guide your answer.
• Be vigilant about distractors that may cloud your understanding of the key issues.