From Courtroom to Exam Room: How Trump's Cross-Examination Strategy Mirrors Bar Exam Confusion
Lawyers for former President Trump rested their case in the New York hush money trial earlier this week, and the jury has been dismissed until closing arguments next week.
The lawyers’ decision not to call President Trump to the witness stand comes after Michael Cohen, the prosecution’s star witness, spent nearly four full days on the stand.
Defense attorneys cross-examined Cohen with a series of questions about his business dealings and other activities in the lead-up to the payment to porn actor Stormy Daniels. They further dug into Cohen's sources of income in the years since Trump originally took office.
In litigation, courtroom strategies can often resemble those found in challenging tests, like the multiple-choice section of the bar exam. A notable instance occurred during the Cohen’s cross-examination, where the defense's approach seemed to intentionally disorient Cohen by not adhering to a chronological order.
In response to CNN Anchor Kaitlan Collins’ question about the defense’s strategy in handling Michael Cohen's testimony during the first day of cross-examination, CNN Chief Legal Affairs Correspondent—and lawyer—Paula Reid had this to say:
So you have so much to work with when it comes to Michael Cohen. So much material. You have to come up with some way to approach it.
But it appears that the Trump legal team's priority here is to throw Michael Cohen off his game. And when he testified with the prosecution on direct examination, it was mostly chronological.
They went through logical questions from one day to the next day, from one month to the next month. He was confident. He was strong. He was consistent throughout. And it appears that this is a tactical decision to throw Michael Cohen off a little.
Now also note that our colleagues inside the courtroom, they say that it doesn't seem in the courtroom to be jumping around so much. It's sort of like a movie where they show the present day and then they go all the way back, right, to start at the beginning of the Trump organization. But I agree with you. It's been a little hard to follow but as I understand it, this is a tactical decision to try to throw Cohen off a bit."
Indeed, Reid emphasized the defense's efforts to disrupt Cohen's composure through a non-linear questioning method, which can be analogous to the structure of the MBE.
After all, on the MBE, examinees will not be tested with a set of 25 Torts questions, followed by another set of 25 Contracts questions, followed by another set of 25 Evidence questions, and so on and so on when completing the 200-question multiple-choice exam. Instead, the exam might begin with Torts question, followed by a Real Property question, followed by a Civil Procedure question, followed by even a pre-test question on some foreign subject matter that actually won’t be counted against the examinee but is being administered for future testing purposes.
So here are some strategies you can implement during your bar preparation so that you won’t be “thrown off their game” on the day of the bar exam:
Practice Mixed Question Sets: To prepare for the jumbled nature of the MBE, integrate practice tests that span multiple subjects in a single set. This trains you to switch gears quickly and efficiently, enhancing your ability to handle topic transitions smoothly, much like shifting focus in a courtroom setting.
Develop a Systematic Approach: Establish a clear, repeatable approach to tackling questions. Start by quickly identifying the relevant legal principles, then apply them to the facts. This method ensures that regardless of the subject, your answer framework remains consistent, aiding in faster and more accurate responses.
Time Management Skills: Time is a scarce resource on exam day. Practice pacing by setting strict time limits on practice questions. Learn to gauge the complexity of a question and allocate time accordingly, ensuring you have enough time to address all questions without sacrificing accuracy. As a reminder, you have an average of 1.8 minutes (or 1 minute and 48 seconds) to complete each multiple-choice question.
Strengthen Weaker Areas: Use the results from mixed-subject tests to identify weaker areas. Allocate additional study time to these topics. Understanding your weaknesses and addressing them directly can prevent unpleasant surprises during the actual exam.
Simulate Real Exam Conditions: Mimic the exam day environment as closely as possible during practice sessions. This includes following the same time constraints and sitting in a similar setting. Regular exposure to exam-like conditions—including sitting in a very uncomfortable chair for hours—can lessen anxiety and improve performance under pressure.
Learn to Handle Uncertainty: Familiarize yourself with feeling uncomfortable. Practice exams should include the toughest questions you can find. Developing resilience against the stress of uncertainty helps maintain composure, allowing for clearer thinking during the actual exam.
Remember: Mastering the MBE requires not just knowledge of the law but also strategic preparation and psychological readiness, mirroring the complexities of a high-stakes legal defense.
