The “Inches Short” Lesson
In a thrilling showdown at the Maui Invitational late last night (or early this morning, depending on where you are), the Dayton Flyers men's basketball team came heartbreakingly close to forcing overtime against the No. 12 North Carolina Tar Heels. With six seconds left on the clock, senior Nate Santos drained what appeared to be a game-tying three-pointer. But after review, officials ruled that his toe had grazed the three-point line, turning his heroic shot into a two-pointer—just inches short of tying the game.
This moment, while devastating for Dayton fans, also offers encouragement. It recalls the Flyers’ incredible 2020 season, when they were ranked No. 3 nationally and poised for a deep NCAA tournament run before the event was canceled due to COVID-19. Like that season, this game showed Dayton’s resilience and potential—and offers a critical lesson for bar exam preparation: precision matters.
Whether it’s basketball or bar exams, small details can make all the difference. Just as Santos’ shot was reviewed under a microscope, your bar exam essays will be scrutinized for precision and adherence to the rules. Falling short by a mere inch—or a slight misstep—could be the difference between passing and failing.
The Danger of "Close Enough"
On the bar exam, "close enough" is rarely good enough. Imagine scoring 269 on a bar exam in a jurisdiction that requires 270 to pass. During my years, I’ve seen several instances of examinees missing by just one point. It’s devastating, especially when avoidable mistakes could have easily generated the additional point. Misreading the call of the question, misstating a rule, or failing to analyze a critical issue can cost you valuable points.
For example, if the question asks for an analysis of negligence and you miss identifying a minor but essential detail—like failing to specify the standard of care or overlooking a key fact in the causation analysis—your answer might fall short—just like Santos' toe on the line. Even if the rest of your essay is strong and you arrive at the correct conclusion, missing a key fact, rule, explanation, or other critical detail could lead to a lower score.
This blog exists to help prevent such outcomes, guiding you to eliminate those small but costly errors.
Lessons in Precision
To avoid being “inches short” on the bar exam, here are five strategies to keep your performance within the lines:
Read the Question Carefully: The call of the question is your guiding line—treat it like the three-point arc. Just as players must position themselves carefully before taking a shot, you need to carefully position your focus before writing your answer. Carefully dissect the question to ensure you fully understand what’s being asked and identify any nuances that require attention. Taking this moment to focus ensures your response is on target, reducing the risk of avoidable errors.
Master the Rules: Precision in the bar exam means knowing the black-letter law inside and out. Your goal isn’t just to approximate the rule; it’s to state it accurately. You can’t play fast and loose with the rules. Each rule you write forms the foundation of your analysis, and an incomplete rule can lead to an incomplete analysis. After all, you can't apply facts to a part of the rule that doesn't make exist in your rules section. This double impact makes precision critical. Like Santos' foot placement on the court, a small misstep in stating the law can cascade into missed points that ultimately affect your score.
Practice Makes Precision: Regularly practicing essays and multiple-choice questions trains you to identify common pitfalls and refine your answers. Simulate exam conditions and review your work with a fine-toothed comb. Ask yourself: Did I address every issue? Did I apply the law clearly? Did I stay within the “lines” of what the question asked?
Find a Home for the Facts: If you’re not using or explaining the significance of a key fact from the test question, your analysis might not be as complete as it should be. Here are some tips for identifying legally significant facts:
✅ Look for facts that directly relate to the elements of the rule you are applying. These facts often determine whether the rule is satisfied.
✅ Pay attention to any unusual or unexpected details—they are often included to test your ability to spot and analyze less obvious issues.
✅ Identify relationships or timelines in the facts. Sequences of events or connections between parties can be critical in areas like negligence or contracts.
✅ Consider whether a fact might create an exception to a general rule or principle. Sometimes, the fact pattern is designed to test your knowledge of exceptions.
✅ Make sure every fact in the question has a purpose and is tied to your legal reasoning. Neglecting to use key facts can make your analysis incomplete, costing you valuable points.
Outline Before You Write: Before diving into your response, take a few moments to outline your answer. A clear outline helps ensure your response is organized, that you don’t miss critical issues, and that you address all necessary elements systematically. While some might argue they don’t have time to outline, it’s important to understand that outlining is an upfront investment. It often saves time overall by reducing the need to stop and think mid-answer or to erase and rewrite sections. This extra step can prevent costly oversights and lead to a more efficient writing process.
Inches Can Feel Like Miles
When Santos' shot was downgraded to a two-pointer, the Flyers were left one point shy of overtime—a single digit on the scoreboard. Similarly, on the bar exam, a few points can make a world of difference.
When you step into the bar exam room, remember Nate Santos' lesson: close isn’t close enough. Precision matters. Each strategy discussed here—from reading the question carefully to ensuring every fact has a home—is designed to help you avoid being "inches short" on your answers.
