The California First Year Law Students’ Examination (FYLSX), commonly known as the “baby bar exam”, is an exam that law students in California must pass after their first year of law school in order to continue their legal studies. The baby bar was implemented in 2008 by the Committee of Bar Examiners of the State Bar of California as a way to ensure that students at unaccredited law schools possess the minimum competencies in the first year doctrinal subject areas. Passing this exam is a requirement for students at unaccredited law schools, while students at ABA-approved law schools are exempt from taking it.
What is the baby bar exam?
The baby bar exam tests students’ knowledge of the following first-year legal education topics:
- Criminal Law
- Contracts
- Torts
The exam consists of 100 multiple choice questions and four essay questions. Students have 3 hours to complete the multiple choice section and 90 minutes for the essay section. The test is administered in June and October each year. The exam dates and registration deadlines are set by the Committee of Bar Examiners.
To pass the baby bar exam, students must achieve a minimum scaled score of 560 out of 900 possible points. The raw scores are scaled and curved after each administration, so the exact number of raw points needed to pass fluctuates. On average, a scaled score of 560 correlates to around 55-60% raw score.
Why was the baby bar exam instituted?
The baby bar exam was instituted in 2008 after the California State Legislature authorized the Committee of Bar Examiners to implement additional requirements for students at unaccredited law schools to sit for the California Bar Exam.
The purpose was to ensure that students at unaccredited California law schools receive sufficient training in the foundational first year subject areas. Unaccredited schools do not need to meet the same standards and oversight required by the American Bar Association (ABA). Prior to the baby bar, there was concern that some unaccredited schools were not adequately preparing students for the practice of law.
How many times can you take the baby bar exam?
Students are allowed up to 3 attempts to pass the baby bar exam. If they do not pass after 3 attempts, they will no longer be eligible to continue their legal studies in California.
Here are some key rules around retaking the baby bar exam:
- Students must wait at least 90 days between exam attempts.
- The 3 attempts do not need to be consecutive – students can space them out if needed.
- Past attempts from before the 3 attempt limit was instituted still count.
- Students who do not pass after 3 attempts can petition for a fourth attempt in extreme circumstances.
It is crucial for students to thoroughly prepare for each attempt at the baby bar exam. Failing to pass after 3 tries will force students to reconsider their legal education.
When are the baby bar exam dates?
The baby bar exam is administered twice per year in June and October. Here are the upcoming exam dates:
| Exam Date | Registration Deadline |
|---|---|
| June 13-14, 2023 | April 1, 2023 |
| October 10-11, 2023 | August 1, 2023 |
Registration typically opens 2-3 months prior to the registration deadline. Seats are limited, so students should register as early as possible.
Where can you take the baby bar exam?
The baby bar exam is administered at the following locations in California:
- Los Angeles
- San Francisco
- San Diego
- Santa Clara
Students select one of these locations when registering for the exam. Spaces fill up quickly, so early registration helps ensure students get their preferred testing location.
How much does it cost to take the baby bar exam?
The registration fee for the baby bar exam is $450 for first-time test takers. Repeat test takers pay $550 for their second attempt and $700 for their third attempt.
Late registration incurs an additional $150 late fee. Registration fees are non-refundable, even if students need to cancel their test date.
In addition to the registration fee, students will likely incur costs for a bar exam preparation course, which can range from $1,000-$3,000. Between prep materials, registration, and travel expenses, students should budget $2,000-$4,000 for the baby bar exam.
Who has to take the baby bar exam?
Passing the baby bar exam is a requirement exclusively for students attending unaccredited law schools in California. The following categories of students must take and pass the exam after their first year:
- Students at state-accredited, distance learning law schools in California
- Students at state-accredited, fixed facility law schools in California
- Students studying law through Law Office Study in California
Students at ABA-approved law schools in California are exempt from taking the baby bar exam. Additionally, out-of-state students are not required to take the exam, even if they plan to practice in California after graduation.
How do you register for the baby bar exam?
Registration for the baby bar exam is handled through the State Bar of California’s website. Here are the steps to register:
- Create an account on the State Bar of California website
- Log in and select “Examinations”
- Click “California First-Year Law Students’ Exam”
- Select your exam date and preferred test location
- Pay the registration fee to complete your registration
The registration system will open 2-3 months prior to the exam date. Students must register before the deadline, as late registration incurs a significant fee.
What topics does the baby bar exam cover?
The baby bar exam tests students on the following first-year doctrinal subjects:
Criminal Law
Criminal Law topics covered include:
- Elements of crimes
- Defenses to crimes
- Felonies vs. misdemeanors
- Types of intent (e.g. general vs. specific intent)
Contracts
Contracts topics include:
- Contract formation
- Breach of contract
- Remedies for breach
- Common law contracts vs. UCC contracts
- Parol evidence rule
Torts
Tort Law topics covered on the exam are:
- Negligence
- Intentional torts
- Strict liability
- Damages
Students will need to demonstrate substantive knowledge of these concepts via the multiple choice and essay sections.
How is the baby bar exam scored?
The baby bar exam is scored in the following manner:
- Multiple Choice – 100 questions worth 1 point each, for 100 total points
- Essays – 4 essays worth up to 100 points each, for 400 total points
The total raw points available is 500. Raw scores are then scaled and curved to produce a scaled score between 0-900.
To pass the exam, students must achieve a scaled score of at least 560 out of the 900 possible scaled points. This equates to approximately 55-60% of the 500 available raw points.
What is a passing score on the baby bar exam?
A scaled score of 560 or above constitutes a passing score on the baby bar exam. This translates to around 55-60% correct on the raw scores.
The exact raw points needed to pass fluctuates between exam administrations, as the Committee of Bar Examiners uses scaling and curving procedures. But on average, students need around 270-300 raw points out of 500 to achieve a 560 scaled score.
Anything below a 560 scaled score is considered failing. Students who do not achieve at least a 560 must retake the exam if they wish to satisfy the requirement.
What happens if you fail the baby bar exam in California?
Students who fail the baby bar exam have two options:
- Retake the Exam – Students are allowed up to 3 total attempts to pass the exam. They must wait at least 90 days between attempts.
- Reconsider Legal Education – If students do not pass after 3 attempts, they are no longer eligible for admission to the California Bar. At this point, they will likely need to reconsider whether to continue in their program.
Failing the baby bar exam delays students’ progress towards a law license. It does not prevent admission to the bar outright, provided students eventually pass it within 3 attempts. But it should prompt students to reevaluate their bar exam preparation strategies.
How long do baby bar exam results take?
Results from the baby bar exam are typically released 7-8 weeks after the testing date. Students can expect to receive their results:
- Late August for the June exam
- Late December for the October exam
Results are posted to students’ online accounts with the State Bar of California. The Committee of Bar Examiners does not make results available any earlier, including over the phone.
The 1-2 month wait for baby bar exam results can be an anxious time for students. Some may need to rethink their legal education if they do not pass on a given attempt. Planning ahead for potential retakes or backup options can help students manage expectations during the waiting period.
How do you prepare for the baby bar exam?
Thorough preparation is key to passing the baby bar exam. Here are some tips:
- Start early – Begin studying 2-3 months before the exam.
- Take a prep course – Structured courses help establish a study schedule.
- Learn outlines cold – Memorize black letter law elements for each topic.
- Practice constantly – Work through hundreds of practice questions.
- Simulate test conditions – Take full timed practice exams.
- Analyze mistakes – Review incorrect answers to identify weaknesses.
- Get feedback – Have professors or tutors evaluate practice essay answers.
The baby bar tests mastery of first year legal doctrines. Diligent preparation and practice is necessary to develop this base level of knowledge. Rote memorization combined with testing endurance helps ensure an exam day performance that meets the 560 point passing threshold.
Conclusion
The California First Year Law Students’ Exam serves as a major milestone in legal education for students at unaccredited law schools. Passing this “baby bar” exam signals that students have acquired sufficient doctrinal knowledge to progress to upper level courses.
While challenging, the baby bar is very passable with consistent preparation. Understanding the exam structure, timing, scoring, and expectations can help students approach their studies strategically. Multiple attempts are allowed, but students should treat each one seriously, as 3 failures will likely end their legal education.
With adequate commitment to learning the foundations of Contracts, Criminal Law, and Torts, students can pass on their first or second try. Securing this key benchmark smooths the path ahead for California’s aspiring lawyers attending unaccredited schools.
