Have Your Donuts, Just Not on the Bar Exam

Today is National Donut Day. Did you get your donut fix at Krispy Kreme, Dunkin’, or Duck Donuts? If not, the day’s not over yet!

Each year, on June 2, we celebrate the traditionally ring-shaped fried cake of sweetened dough. Yes, I know there are jelly-filled donuts (which don't have holes) and even square donuts (like beignets). But I’m a traditionalist when it comes to donuts. They need to be round, and they need to have a hole in the middle.

Of course, the donut resembles the number zero. And the term is used often in sports to represent that number. Take tennis, for example. A loss of a set without winning a game is a “donut” (also called a “bagel” for the same reason). Similarly, a loss of a two-set match without winning a set is called the dreaded “double donut” or “double bagel.”

No one wants a donut in sports. And bar examinees don’t want donuts on their essays, too.

What do I mean?

Most jurisdictions that have adopted the Uniform Bar Examination grade the essays on the Multistate Essay Examination portion of the exam on a raw 1-to-6 point scale. On this scale, most scores range from 1 to 6, but a score of zero can sometimes be given for not only a blank response but also a complete yet non-responsive answer. (Some jurisdictions have formally incorporated the zero in their grading by adopting a 0-to-6 scale.)

On the UBE, examinees should strive to earn an average score of 3.5 or higher on either 6-point scale. Obviously, the best way to average at least 3.5 on each essay on the MEE is to earn at least 4 points on each essay. (Only whole numbers are given on both 6-point scales.)

Sometimes, however, examinees might be confronted with an essay (or two or three) where they might not perform at their best. On the flip side, though, there might be essays where they will score well-above average. The key is that they want their weaker-scoring responses to be offset by their higher-scoring responses.

Let’s look at it another way:

If you score a 2 on one answer, you’ll want to score a 5 on another answer. That’ll average 3.5 points on the two essays.

Similarly, if you score a 1 on one answer, you’ll want to score a 6 on a different answer. That, too, will average 3.5 points on the two essays.

But let’s say you get a “donut”—a zero—on one essay. Well, you’ll need to receive a 7 on another essay, which is impossible on either 6-point scale. So, if you score a zero on one essay, you’ll need to score better on multiple essays to offset that one blank or non-responsive answer.

My recent review of actual students' essay responses show that even a sentence or two can earn a score of 1.

Thus, here are today’s lessons on National Donut Day:

First: Never, ever leave an essay response blank, even if you think you know absolutely nothing about what’s being asked in the essay question. A blank response will automatically receive a “donut,” or a zero (on a 6-point scale!). Instead, write something. Writing something may get you one point, which, on a 6-point scale, is a significant bump from a zero.

Second: Don’t eat too many donuts.

Third: Never eat donuts on exam days.