Tug of War and Tough Bar Exam Essay Questions: The Battle of Close Calls
Happy International Tug of War Day (not to be confused with National Tug of War Day, which is August 27)!
You might not have played an actual game of tug of war since grade school, but if you're preparing for the bar exam essays, you’re engaged in a mental tug of war every time you face a close-call question—one where both sides have strong arguments, and you feel like you're being pulled in opposite directions.
Let’s be clear: this post is about essay questions, not multiple-choice questions. On multiple-choice questions, there is always one correct answer—your job is to find it. But on essay questions, there will rarely, if ever, be one correct answer (as I’ve written before). The best answers on the bar exam aren’t necessarily about being "right"—they’re about showing clear, structured, and well-supported reasoning.
Much like a real tug of war, close-call essay questions force you to evaluate competing legal arguments, counterarguments, and factual nuances. The trick is knowing how to analyze the tension and tip the scales in favor of the stronger argument.
Winning the Tug of War on the Bar Exam Essays
1. Identify the Anchor—Identify Key Legal Rules
In tug of war, the strongest team member is positioned at the back as the anchor, providing stability and strength. On a bar exam essay, that anchor is the controlling legal rule—the doctrine, statute, or case precedent that provides the strongest foundation for your argument.
But here’s where students struggle: they hesitate to pick an anchor. They want certainty, a “correct” answer that doesn't always exist in essays. Don’t freeze up—trust the process. Identify the key legal principle and use it as your foundation.
2. Recognize the Opposition—Address Counterarguments
A real tug of war isn’t one-sided—you need to acknowledge the strength of the opposing side. If you’re debating whether an agreement constitutes a contract, one side may argue that consideration is present, while the other claims it's merely a gift. Recognizing both sides makes your analysis stronger.
If you struggle with this, think about the time you spent preparing for class discussions. If you were cold-called in law school and had no idea what to say, chances are you didn’t review both the majority and dissenting opinions. On the bar exam, taking the time to evaluate both arguments will make a difference.
3. Dig in Your Heels—Commit to a Position
Bar exam graders don’t reward fence-sitting. A good tug-of-war strategy involves digging in your heels and leaning into your side’s strength. Once you've considered both arguments, pick the better one and commit. Even if the law is unclear, demonstrating strong reasoning will earn you points.
As I’ve pointed out before in my post on issue and conclusion statements, your issue statement and conclusion are critical. If you can’t articulate what you’re arguing, your response will feel as wobbly as a rope slipping through your hands in a tug of war.
4. Keep Your Balance—Use IRAC to Maintain Structure
Just as teams maintain balance to avoid losing their footing, your CIRAC structure (Conclusion, Issue, Rule, Application, Conclusion) keeps your answer from becoming chaotic. Make sure each component supports your position and leads to a logical, well-reasoned conclusion.
One of the biggest mistakes I see? Students spend way too much time stating the rule and not enough time applying it. That’s like pulling with all your strength at the start of a tug of war but giving up midway through the match. Your application (A in CIRAC) is what wins the points.
5. Know When to Let Go—Avoid Overthinking
In a physical tug of war, holding on too long when you’ve already lost can be exhausting. The same goes for essay questions—if you’ve done your analysis and made your argument, move on. Don’t waste precious minutes second-guessing yourself when you could be scoring points elsewhere.
This is where practice exams come in. Your first instinct is often right, and overthinking can pull you further away from a clear, structured answer. Remember—every wasted minute second-guessing one question is a minute you’re losing on the next.
Remember: Tug of War is About Strategy, Not Just Strength
Winning a tug of war isn’t just about brute force—it’s about technique, teamwork, and timing. The same applies to bar exam essays. Train your brain to recognize legal tensions, argue persuasively, and commit to a position, and you’ll be in a much stronger place on exam day.
So, next time you’re struggling with a bar exam essay question that feels like an even match, don’t panic. Pick a side, structure your argument, and pull hard. That’s how you win the legal tug of war.
