Appendix C: BDC Survey Comments Provided with Weights and Focus

Fifteen of the BDC panelists responded to the post-meeting survey regarding the weight and focus for each knowledge area (see Table 2 in the body of the report). Only the responses of those panelists who also provided comments are set out below.

Knowledge Area Focus Comments
Professional Responsibility, Ethics Knowledge of this area I selected knowledge as the focus, but professional responsibility issues could be covered in skill questions such as those asked by the MPT. As a general matter, I favor incorporation of knowledge areas into the MPT. I do not believe the MPT should be content-neutral.
Knowledge of this area This area could be tested in connection with other knowledge areas.
Do not include Already tested by the MPRE
Knowledge of this area Ethical issues should be raised within other subject matters.
Do not include The MPRE covers this area. There is no need to test again.
Do not include Although an important knowledge area, this is already covered by MPRE.
Civil Procedure Knowledge of this area Both knowledge and application are important here. This applies to all procedural rules (criminal, civil, and evidence). Not only do you have to know the rule, but you have to apply it to your case (for ex. summary judgment or motion to dismiss for subject matter jurisdiction).
Applying skills in this area Both knowledge and application
Contract Law Knowledge of this area Again, although I selected knowledge as the focus, I believe knowledge should be tested in an MPT question.
Applying skills in this area Both knowledge and application
Evidence Applying skills in this area Both knowledge and application are important here. (see civil procedure)
Applying skills in this area Both knowledge and application
Legal Research Sources & Methods Applying skills in this area I believe legal research and critical/analytical thinking is going to be the critical, essential skills that NLLs will need to perform “activities typically required of an entry level lawyer.” Critical/analytical thinking informs and guides legal research. Again, I underscore my view that the MPT should test content as well as skills.
Knowledge of this area This area could be tested by knowledge or applying skills.
Applying skills in this area Still not sold on this, but I only see one benefit of testing this. I believe knowledge here is basic. The only benefit I see of testing this area is for attorneys to figure out the most swift way to research. There is not one way for an attorney to research—some don’t use terms and connectors and can still find a case quicker than most. But every attorney can figure out the best and quick[est way] for them [to] research the way they prefer to research. 
Business Orgs Knowledge of this area See my prior comments re integrating skills and content on the MPT. Refers to comment #1 in this table
Applying skills in this area Both knowledge and application
Torts Applying skills in this area Both knowledge and application
Constitutional Law Knowledge of this area I do not believe a significant percentage of NLLs practice constitutional law.
Applying skills in this area Both knowledge and application
Dispute Resolution Applying skills in this area As we discussed, dispute resolution should include trial skills and advocacy, ADR, and negotiated settlements between or among parties without the use of a mediator or other neutral. This would be a good area for interrelating a knowledge area with skills. For example, to effectively participate in ADR, a lawyer needs to understand the legal principles that govern the client’s case so the lawyer can assess the strengths and weaknesses of the client’s case and the adverse party’s case.
Knowledge of this area This area could be tested by knowledge or applying skills.
Applying skills in this area Both knowledge and application are important here. (see civil procedure)
Applying skills in this area Trial advocacy should not be tested on the exam. ADR can be tested on the exam but at a minimum.
Applying skills in this area Both knowledge and application
Criminal Law & Procedure Applying skills in this area Both knowledge and application are important here. (see civil procedure)
Applying skills in this area Both knowledge and application
Real Property Knowledge of this area I reviewed the subject matter outlines for this topic, and I believe the outlines include quite a bit of material that goes into areas outside of the “minimal knowledge” required of NLLs. For example, zoning and more esoteric title issues such as ademption, exoneration, and tax liens. Further, tax liens are typically governed by statutes and will vary from state to state.
Applying skills in this area Both knowledge and application