Top-three investigation choices
Given a fact pattern, name the three investigative steps worth doing first, and rank them by what they'd actually change.
NextGen skill course
Investigation & Evaluation
Investigation and evaluation is the skill of working out what facts matter, what is missing, and how reliable the information you have really is. NextGen tests it through file-based tasks that ask what a lawyer should find out next, which sources or witnesses to use and how to weigh conflicting information. Strong answers sort the facts into what is known, what is missing and what is disputed, connect each gap to an element of the claim or defense, and choose lawful ways to fill it. Weak answers collect facts without saying why they matter or suggest investigation that a professional-responsibility rule would forbid. Train it by taking any fact pattern and building the sorted list before writing anything else. Drills isolate each step. Weigh source reliability too, since a rumor and a signed document deserve different weight, and say which you would rely on.
| Component | Count |
|---|---|
| Performance actions | 7 |
| Common failure modes | 5 |
| Isolated drills | 6 |
| Rubric criteria | 6 |
Performance sequence
The actions to perform
- 01
Map known facts to legal elements
- 02
Identify outcome-changing unknowns
- 03
Prioritize sources by value, cost, urgency, and reliability
- 04
Preserve perishable evidence
- 05
Distinguish fact, inference, credibility, and uncertainty
- 06
Consider privileges, privacy, ethics, and discovery limits
- 07
Update the case theory as facts change
Focused training
Drills that isolate the skill
Evidence preservation triage
Something is about to disappear. Decide what to preserve first, and how, before it's gone.
Witness reliability comparison
Two witnesses disagree. Weigh their reliability using bias, opportunity to observe, and consistency, not just who sounds more confident.
Document-gap analysis
Look at a document production and name exactly what's missing that the case actually needs.
Fact chronology repair
A timeline arrives out of order and half-contradictory. Rebuild it into one sequence that actually holds together.
Investigation-plan drafting
Write a short investigation plan: what to obtain, from whom, in what order, and why that order matters.
01 · From NCBE's own content scope
Where investigation sits in NCBE's groups
NCBE places investigation and evaluation in Group A with issue spotting and analysis. That group's stated purpose is to apply fundamental legal principles and legal reasoning to analyze given fact patterns.
Investigation and evaluation asks what you do not yet know and how to find it.
02 · From NCBE's own content scope
Defined investigation tasks
NCBE's task 5 covers a matter that needs more facts before it can be judged. Examinees decide what has to be looked into, and the best way to find or draw out those facts, so that either side's position can be assessed.
Task 9 covers a matter that turns on reviewing supplied material, such as police reports, interview excerpts or discovery responses. Examinees find what is missing, suggest better follow-up, and note grounds for objection.
03 · From NCBE's own content scope
Why investigation tasks ask what is missing
NCBE's task 4 has examinees weigh how strong each side's position is. Task 5 then covers a matter that needs more facts. Together they show the logic: assess first, find what could change the assessment, then investigate that.
Task 9 adds a review step, asking examinees to find gaps in information already obtained.
04 · From NCBE's own content scope
Worked drill: sorting facts into known, missing and disputed
This drill uses an invented file, not NCBE material. A client says her former employer fired her the day after she reported a safety violation. Make three lists. Known: the termination date, the date of her report, a supervisor's email praising her work a month earlier. Missing: whether the decision maker knew of the report, whether others were fired for similar reasons, and her exact words in the report. Disputed: the employer's stated reason, which is poor attendance.
For each missing fact, write who holds it and how you would get it in a sentence, such as: "The decision maker's knowledge is in the emails between the supervisor and HR, so a document request comes first." Then rank by how much the fact could change the result. A weak evaluation piles up questions with no ranking and treats the one-day gap as proof, when the file shows only timing.
QUICK ANSWERS
Questions about Investigation & Evaluation
Which NextGen task covers fact investigation?+
Task 5, which asks what has to be looked into, and how best to find or draw out those facts, before a position can be assessed.
What materials can task 9 use?+
Supplied material such as police reports, interview excerpts or discovery responses, where examinees find gaps, suggest improvements and note grounds for objection.
Is investigation a stand-alone NextGen skill?+
Yes. NCBE lists investigation and evaluation among the seven foundational skills, grouped in Group A with issue spotting and analysis.
How does evaluation connect to the facts?+
NCBE's task 5 ties investigation to evaluating strengths and weaknesses, so a gap in the facts matters only to the extent it changes that evaluation.
Can NextGen questions ask me to find gaps in information obtained?+
Yes. Task 9 asks examinees to identify gaps in information obtained and suggestions for improvement when reviewing provided materials.
Are objections part of this skill?+
Task 9 includes identifying grounds for objection, if applicable, in materials such as interview excerpts or discovery.
What is Group A's stated purpose?+
To assess whether an examinee can apply fundamental legal principles and legal reasoning to analyze given fact patterns, according to NCBE.
Does the NextGen exam let me assume missing facts?+
No. NCBE's investigation task asks what needs to be found out, so treat missing facts as questions to identify instead of facts to assume.
How do tasks 4 and 5 fit together?+
Task 4 evaluates strengths and weaknesses of a position, and task 5 asks which facts to investigate to be able to make that evaluation when facts are missing.
Which NextGen task covers information already gathered?+
Task 9, which asks examinees to review provided materials and identify gaps, suggestions for improvement and grounds for objection.
SOURCE DESK
Official NCBE sources
NCBE: NextGen UBE content scope, July 2026 to February 2027 (PDF)↗NCBE: NextGen UBE content scope↗Train it in context
From drill to full client file
Further reading
Fact investigation and evaluation connect to how parties obtain evidence, which a general reference on discovery describes. Discovery (law) (Wikipedia) ↗