Instructions for the Application to take the First-Year Law Students’ Examination

Examination Date and Time
The First-Year Law Students’ Examination is administered in Los Angeles and San Francisco in June and October each year. An Application to Take First-Year Law Students’ Examination must be filed in accordance with the specified deadlines.

The October 2009 First-Year Law Students' Examination will be administered on October 27, 2009.

Exemption

According to Title 4, Division 1, Chapter 5, Rule 4.55 of the Rules of the State Bar of California (Admission Rules):

A general applicant intending to seek admission to practice law in California must take the First-Year Law Students' Examination unless the applicant

(A) has satisfactorily completed

(1) at least two years of college work as defined by these rules; and (2) the first-year course of instruction

(a) at a law school that was approved by the American Bar Association or accredited by the Committee when the study was begun or completed; and

(b) the law school has advanced the person, whether or not on probation, to the second-year of Instruction; or

(c) is exempt by reason of study in a foreign law school as provided by these rules

A general applicant shall be deemed to have satisfactorily completed the first-year course of instruction in an accredited or approved law school when the applicant is advanced to the second-year course of instruction at the same accredited law school, whether or not on probation.

Exempt applicants who do not pass the examination
An exempt applicant who unsuccessfully takes the examination shall not be subject to any of the sanctions, requirements, or law study credit limitations which are otherwise imposed by Rule 4.57 of the Admissions Rules on unsuccessful non-exempt applicants.

Examination Schedule
The First-Year Law Students’ Examination is a one day examination. The morning session will be a maximum of four hours in duration, and the afternoon session will be a maximum of three hours. Four (4) essay questions will be presented during the morning session and 100 multiple-choice questions during the afternoon session. There is a lunch break between sessions.

Scope of the First-Year Law Students’ Examination
The subjects covered in this examination are: Contracts, Criminal Law, and Torts. An answer based upon legal theories and principles of general applicability is sufficient; detailed knowledge of California Law is not required. The following provisions of the Uniform Commercial Code should be used where pertinent:

    a. All of Article 1;
    b. All of Article 2.

Registration as a Law Student
Any person submitting an Application to take the First-Year Law Students' Examination must have registered as a law student with the Committee of Bar Examiners (Committee) prior to submitting the application in compliance with Section 6060 of the Business and Professions Code and Chapter 2, Rule 4.16(B) of the Admissions Rules. An application for the First-Year Law Students' Examination will be considered incomplete if the applicant has not previously registered. If an applicant has not done so, a separate "Registration" application must be completed and filed with the appropriate registration fee and late fee. Registration is only available online at www.calbar.ca.gov/admissions.

As a convenience to applicants not yet registered, the Office of Admissions will receive for processing applications for the First-Year Law Students' Examination when such applications are submitted simultaneously with the registration application. However, if the applicant's registration is not approved within 10 days following the submittal of their examination application or prior to the final filing deadline, their application will be terminated and a refund of the application fees will be processed. Keep in mind that if an applicant does not have a bachelor's degree or transcripts of undergraduate study, a pre-legal education certification submitted by the law school must be received before the registration can be approved. If the application is terminated and the applicant decides to register and reapply after the application has been terminated, he/she will be subject to any applicable deadlines and late fees.

Foreign Educated Applicants
Foreign educated applicants must contact the Office of Admissions regarding eligibility.

Eligibility
Note: Foreign educated applicants must contact the Office of Admissions regarding eligibility.

An applicant is eligible to take the First-Year Law Students’ Examination upon successful completion of one year of law study in any of the following manners:

  1. In a law school that is authorized by the State of California to confer professional degrees; is registered with the Committee of Bar Examiners; and which requires classroom attendance of its students for a minimum of 270 hours a year; or
  2. In a law office in the state of California and under the personal supervision of an attorney who has been an active member of the State Bar of California for at least five years; or
  3. In the chambers and under the personal supervision of a judge of a court of record of this state; or
  4. In a correspondence law school registered with the Committee of Bar Examiners that requires no less than 864 hours of preparation and study per year; or
  5. By any combination of the methods referred to in this subsection

Proof of Law Study
After the application has been filed, a bar-coded Law School Certification form will be sent to all law schools attended by the applicant. Law schools must certify the applicant’s completion of one year of law study in compliance with Chapter 3, Rule 4.26 of the Admission Rules and return the form to the Los Angeles Office of Admissions on or before the deadline.

The school must submit a certified law school transcript with the certification. If an applicant's law school requires that the applicant personally request transcripts and/or pay a transcript fee, the applicant will need to fulfill the requirements for the release of the required transcripts.

If the required certification is not provided in a timely manner, the processing of the application and issuance of the applicant's admittance ticket will be delayed. If the school fails to provide such certification, the applicant will be notified 10 business days prior to the final eligibility deadline. Applicants will have until the final eligibility deadline to submit certifications/transcripts. If these eligibility documents are not received by the final eligibility deadline, the application will be abandoned and no refund will be made.

Law Study Credit
In accordance with Section 6060 (h) (1) of the California Business and Professions Code, applicants who pass the examination within three consecutive administrations of first becoming eligible to take the examination shall receive credit for all law study completed to the date of the administration of the examination passed. An applicant who does not pass the examination within three consecutive administrations of first becoming eligible to take the examination but who subsequently passes the examination shall receive credit for his or her first year of law study only.

Ineligible Applicants
Applicants for an examination who are found not to have completed the requisite legal education will be deemed ineligible. Such applicants are entitled to 60% refund of all qualifying fees paid in connection with the examination. No refund will be processed unless academic deficiency is substantiated by certified law school transcripts, and such transcripts indicating all law study completed are received in the Los Angeles Office of Admissions by the final eligibility deadline.

Laptop Computers
Go to the State Bar's website at www.calbar.ca.gov/admissions for more information about the laptop computer program and click on the First-Year Law Students' Examination Laptop Certification Bulletin.

Testing Accommodations
All petitions for testing accommodations based upon disabilities existing prior to the final filing deadline, must be received by the Committee no later than the final filing deadline, although earlier filing is strongly encouraged. The fact that an applicant was unable to get an appointment with his/her specialist before the testing accommodations petition final filing deadline, is not grounds for consideration as an emergency petition. Petitions may be filed prior to filing an application for the examination; however, the applicant must be registered with the Committee, otherwise the petition will not be processed. Requests for new or expanded accommodations from applicants who received accommodations during previous examinations must also be received no later than the final filing deadline and must be filed on the Committee's Testing Accommodation Petition form, separately from the examination application form. Testing Accommodation Petition forms are available through the Admissions portion of the State Bar's website at www.calbar.ca.gov/admissions.

Petitions should be sent to the San Francisco Office of Admissions. Applicants with disabilities requesting to use a typewriter or computer must pay the applicable fee. If, however, an applicant's disability directly relates to use of such equipment, a request for a refund of the fee paid may be filed with the Testing Accommodation department in San Francisco. The request for a refund must be accompanied by the appropriate documentation.

Testing accommodations are available to individuals with a mental or physical disability, as defined under Chapter 7 of the Admissions Rules. Depending on the nature of the disability, accommodations may include assistants (e.g., readers, helpers, etc.), wheelchair access, permission to dictate, customized timing, separate testing room, customized examination materials (e.g., Braille, large print, etc.), and permission to bring and use specific items or medical aids. The Committee does not offer or recommend to any applicant specific types of accommodations. The applicant and his/her physician/specialist should request what they think is necessary to allow the applicant to compete on an equal basis with all other applicants and provide adequate rationale to support their request.

The following documentation on the Committee's forms is required to process a request:

    a. Petition stating specific arrangements requested;

    b. Medical certification/doctor's statement or appropriate specialist's statement;

    c. Law school statement explaining any accommodations provided to the applicant during law school; and, if applicable,

    d. Other jurisdiction statement explaining any accommodations provided to the applicant during that jurisdiction's bar examination.

The Committee's policies, procedures, and forms to file a petition for testing accommodations are available through the Admissions portion of the State Bar's website at www.calbar.ca.gov/admissions. Petitions without the required documentation will not be considered complete until all necessary documentation is received, which must be no later than the final filing deadline. Subsequent requests for testing accommodations and new petitions for testing accommodations received after the final filing deadline will not be processed for the administration of the current examination. Applicants previously granted accommodations based on permanent disabilities who want exactly the same accommodations may request such through the submission of their application. In some cases, additional or updated documentation may be required to process an applicant’s request. All others who wish to request accommodations for the first time, for different or expanded accommodations than previously granted, or for temporary disabilities must submit a petition separately from the First-Year Law Students' examination application on the Committee’s forms by the established deadline. Deadlines will not be extended.

See Chapter 7 of the Admissions Rules for revelant deadlines.

Withdrawals/Absences/Ineligibles
Written notice of withdrawal must be received in the Los Angeles Office of Admissions no later than the final withdrawal deadline. Requests to withdraw received after that will not be processed. Stopping payment on a check or dishonoring a check does not constitute withdrawing from an examination.

If an applicant withdraws, is absent from, or is ineligible for this examination and decides to apply to take the next First-Year Law Students’ Examination, he/she will be subject to the same deadlines as applicants who did not apply for this examination. Requests to withdraw received after the final withdrawal deadline will not be processed. Applications for the next examination will be available through the Admissions portion of the State Bar's website at www.calbar.ca.gov/admissions.

Withdrawal Refund Policy
1. Withdrawal of applications and requests for refunds received within 30 days after the timely filing deadline will be honored with a 60% refund of all fees paid.

2. Withdrawal of applications and requests for refunds received within 45 days after the timely filing deadline will be honored with a 30% refund of all fees paid.

3. Requests for refunds filed in excess of 45 days after the deadline for timely filing, will not be considered.

Refunds requested due to hospitalization, death, or call to active duty in the armed forces of the United States will be considered in accordance with the Committee’s refund policy. If an applicant qualifies for a refund in accordance with the Refund of Fees Policy, but has an outstanding balance due, the net refund amount will be the qualifying refund amount minus the corresponding portion of the fees owed.

Grading
The passing score for the First-Year Law Students’ Examination is a total score of 560 or higher. An applicant’s multiple-choice score will be the number of items answered correctly. Multiple-choice raw scores will be converted to a 400-point scale. This process adjusts for the possible differences between administrations of the examination in the average difficulty of their multiple-choice items. As a result an applicant’s multiple-choice score will not be affected by the difficulty of the particular version of the examination that the applicant takes.

An applicant’s raw score on an essay question can range between 40 and 100. Total raw essay scores can therefore range between 160 and 400 points. Total raw essay scores will be converted to the same 400-point scale of measurement as that used for the multiple-choice portion. This is done to adjust for the possible differences between administrations of the examination in the average difficulty of their essay questions and for variations in grader standards. Consequently, an applicant’s adjusted essay score on the 400-point scale will not be affected by possible score differences between administrations in the difficulty of the essay questions or by fluctuations in grader standards.

An applicant’s total score on the examination is the sum of that applicant’s converted scores on the multiple-choice and essay sections. This step gives these sections equal weight in determining the total score.

Do Not Grade Policy
Effective with the administration of the June 2003 examination, the "Do Not Grade Policy" was rescinded. The answers of anyone present for the examination, partially or wholly, will be graded and the scores will be reported to the applicant.

Admittance Tickets
Admittance cards, advising the time and place to take the examination, begin to be mailed to eligible applicants approximately 4 weeks prior to the administration of the examination. Any applicant not receiving an admittance card by 2 weeks prior to the examination and who has not otherwise been notified of being ineligible must contact the Office of Admissions to secure a duplicate card.

Test Center Address List
October 2009 FYLSE Test Center Address List

Deadlines

October 2009 Exam
Timely Filing Deadline August 3, 2009
Withdrawal Deadline (60% Refund) September 2, 2009
Withdrawal Deadline (30% Refund) September 17, 2009
Final Filing Deadline September 15, 2009
Change of Address Request September 15, 2009
Test Center Change Request September 15, 2009
Testing Accommodations Petition Filing (Petitions must be complete) September 15, 2009
Final Law School Certification Deadline September 29, 2009
Final Eligibility Deadline October 13, 2009
Final Withdrawal Deadline (No Refund) October 13, 2009

Immediate Repeater Deadlines
Timely filing deadline for applicants who were unsuccessful on the June 2009 first-year law students' examination is August 31, 2009.

To avoid payment of a late filing fee if you are filing online, an application must be submitted on or before September 3, 2009.

In addition to the application fee, all applications filed between the dates listed below must be accompanied by a late filing fee.

Dates Fee Late Fee Total Fee
September 1, 2009 to September 15, 2009 $488.00 $25.00 $453.00

Withdrawal refunds for the October 2009 FYLSE for unsuccessful applicants from the June 2009 FYLSE must be postmarked on or before the dates listed below:

Dates Refund
September 30, 2009 60%
October 5, 2009 30%

Fees
All applicants must pay the required fees. The schedule of fees for the First-Year Law Students’ Examination is listed below.
Fee
First-Year Law Students’ Examination $488.00
Laptop Fee $119.00
Late Laptop fee (requested after submitting application) $15.00

To avoid payment of a late filing fee, an application and fees must be received in the State Bar’s Office of Admission or received on or before the Timely Filing Deadline for the current First-Year Law Students' Examination. Additional late filing fees must accompany all applications filed between the dates listed below.

Fee October 2009 Exam
$25.00 Late Filing Fee August 4, 2009 - August 31, 2009
$200.00 Late Filing Fee September 1, 2009 - September 15, 2009

Transfer of Fees
The transfer of fees from one examination to another is prohibited.

Outstanding Fees
Any outstanding fees will be required to be paid before an applicant is allowed to take any future examinations.

Application Abandonment
An application that is not brought to a complete and filed status by the final filing deadline will be abandoned. This includes requisite fees, signature and/or the required documentation. Once the application is filed, if the applicant receives notice to provide information, but does not provide such information by the final filing deadline, the application will be abandoned. No refund of fees will be paid in the event an application is abandoned. Any outstanding fees will be required to be paid before the applicant is allowed to submit any future application.

Completion of Application
Before submitting the application, the applicant should make sure that he/she previously registered with the Committee and confirm that all questions have been answered correctly. Applications that are not brought to a complete and filed status within 60 days of receipt, or by the final filing deadline will be abandoned. No refund of fees will be paid in the event an application is abandoned.

Study Aids
There are materials available that might be of assistance to applicants in determining that which the Committee desires in an answer to a First Year Law Students' examination question available from the Office of Admissions. Please go to www.calbar.ca.gov/admissions for more information.

Examination Attendance Policy
If an applicant does not attend a required, scheduled examination session, the applicant will not be permitted to attend any remaining examination session(s). Applicants must make a good faith attempt to complete each portion of the examination for which they are present. An applicant's attempt to circumvent security procedures may lead to voiding the applicant's attendance at a session, and the applicant may be prohibited from attending any remaining examination session(s).

Late Arrival to the Test Center
Applicants who arrive at the test center after one (1) hour of testing has elapsed will not be permitted to enter the test center.

Admissions Rules
The Application to take the First-Year Law Students' Examination will be processed in accordance with the Admissions Rules. The current Admissions Rules are available through the Admissions portion of the State Bar's website at www.calbar.ca.gov/admissions.