Quick Tip: Liable v. Guilty

One of the most common errors I see on bar exam essays is confusing liable and guilty. These terms (as well as liability and guilt) are not interchangeable, and using the wrong one can undermine your credibility, confuse your analysis, and frustrate the grader.

Here’s the distinction: guilty applies to crimes, while liable applies to torts. Mixing them up signals to the grader that you don’t fully understand the difference between criminal and civil cases—or worse, that you’re using legal terms without understanding their meanings. This is a big red flag on the bar exam.

Think of it this way: if a plaintiff is suing a defendant, you’re dealing with a private tort, and the question is whether the defendant is liable for damages. If a prosecutor brings an action against the defendant, you’re dealing with a crime, and the issue is whether the defendant is guilty of committing it.

Precision matters on the bar exam. Confusing liable and guilty can make graders scrutinize your work more closely. Don’t let a careless error trip you up—when it comes to bar exam language, avoid being found liable for sloppy word choices or guilty of confusing your terms.