February 2019 UBE Predictions

February 2019 UBE Predictions: Are you wondering what might be tested on the February 2019 Uniform Bar Exam (UBE)? So are we! We have created our own February 2019 UBE predictions. Below are the essay subjects and MPTs that we think are coming up, which is primarily based on our analysis of past MEE and MPT questions.

February 2019 UBE Predictions

Note: While we are not always correct in our predictions, we are usually fairly close! See our July 2018 UBE predictions to see how we accurately guessed the majority of subjects tested!

Update: Please see a recap of the February 2019 UBE here!

Please do not rely on bar exam predictions. Instead, you can review these subjects closely, but you should not exclusively review the subjects that we think may be coming up. We are often right, but we are not always right and we do not have any inside information. This is based on studying past essay and MPT questions, undergoing a frequency analysis, and bar exam intuition!

Note: If you would like to hear our multistate essay exam topic predictions (that is, not just the subject, but the topic that is likely to be tested within that subject), sign up for our Multistate Essay Exam seminar! Our seminar covered over 90% of the topics tested on the July 2017 bar exam.

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We think you may see the following subjects on the February 2019 UBE.

February 2019 Multistate Essay Exam (MEE) predictions:

1. Civil Procedure Update: Tested!

Civil Procedure is still the most highly tested subject on the MEE! The Examiners did not test Civil Procedure in July 2018 and therefore, we think it is likely to show up! And so far, the Examiners have not omitted Civil Procedure on the essays in two consecutive administrations. Be prepared for traditional issues such as personal jurisdiction and subject matter jurisdiction as well as some lesser-tested issues, such as issue and claim preclusion.

2. Corporations and LLCs Update: Tested?

Corporations is also commonly tested on the MEE. While it was recently tested on the July 2018 exam, the Examiners often repeat a subject or two from the previous exam. Furthermore, Corporations has been tested on consecutive administrations in the past (e.g., February and July 2012 as well as July 2016 and February 2017). Don’t forget to review the rules pertaining to LLCs as the Examiners have tested this entity several times on past exams. On the exam, an LLC issue was tested, along with a partnership/authority issue. This is the first time these subjects were tested together in this way! Note: some examinees are saying that LLCs were not an issue, but rather an LLP was tested. We have not seen the questions, so we are just relying on what we have heard. Feel free to comment below.

3. Evidence (possibly crossed over with Criminal Law and Procedure) Update: Criminal Law was tested! (Evidence was not tested.)

Evidence is another commonly tested subject on the MEE. It just appeared on the July 2018 exam, but Evidence has been tested consecutively on the essays. On the July 2016 and July 2017 exams Evidence was tested in the same essay as Criminal Procedure, so don’t discount the possibility of a crossover essay! Take some time to review the highly tested issues, including nonhearsay, hearsay, and impeachment.

4. Secured Transactions Update: Tested!

We think that Secured Transactions might be coming up! In recent years it has become a more popular subject for testing. The National Conference of Bar Examiners has released the MEEs from the July 2018 exam. Although a number of examinees reported that they thought Secured Transactions appeared in a crossover essay with Real Property on the July 2018 exam, the NCBE did not classify it as such. Some commonly tested issues include attachment and priority. We recommend that you are familiar with Secured Transactions vocabulary.

5. Torts (possibly crossed over with Agency) Update: Tested!

The Examiners often like to alternate between Contracts and Torts on the exam. As Contracts was tested on the February 2018 and the July 2018 Exams, it is likely that Torts will appear on the February 2019 exam. We would not be surprised if Torts were tested in conjunction with Agency – this last happened in July 2013 and February 2015. Further, Agency was not tested on the July 2018 exam. So make sure to review both Torts as well as Agency! Torts was tested but instead of combining Torts with Agency, Corporations and LLCs were combined with a partnership/agency issue.

6. Wills (Decedents’ Estates) Update: Not tested!

Typically the Examiners take turns testing Wills and Trusts. Occasionally, they don’t test either of these subjects on the exam (as was the case in February 2018). In July 2018, the Examiners tested Trusts, making it more likely for Wills to show up on the February 2019 exam. Some Wills questions can be more straightforward while others can be quite tricky, so take the time to carefully review previous Wills essays to become comfortable with the wide range of issues that have been tested in the past.

Wild Card: Constitutional Law (Wildcard not tested!)

Constitutional Law was just tested in July 2018, but we wouldn’t be surprised if it were tested again this February. It was last tested in consecutive administrations in July 2012 and February 2013. On the past two exams, the NCBE has chosen to make the essay portion more MBE subject-heavy. If they continue this trend, we think Constitutional Law could tip the balance in favor of the MBE subjects. The Constitutional Law questions tend to be fairly challenging, so look at previous questions carefully (e.g., in July 2017 the question tested the dormant commerce clause and sovereign immunity).

In determining our wild card subject we were also considering Family Law as a possibility. Family Law was a favorite of the Examiners but has been tested less frequently since February 2012. It was last tested in February 2018. Sometimes the Examiners have gone several administrations without testing Family Law, while other times Family Law has been tested on every other exam. Given that the Examiners have recently favored the MBE subjects we settled upon Constitutional Law. However, we strongly recommend you spend some time reviewing Family Law as you are studying for the exam.

If you want to make your own predictions, please see our UBE frequency chart!

Finally, we want to emphasize that you should not rely on these predictions! You should still study all of the subjects and focus on the most highly tested topics within each subject. We are simply letting you know what we think could be coming up on the February 2019 MEE.

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February 2019 Multistate Performance Test (MPT) predictions:

On the February 2019 UBE you will also encounter two performance tests. If you are wondering what tasks you might be asked to complete on the MPT this February, here are our thoughts. On the July 2018 exam, the persuasive brief and a wildcard (uncommon) task were tested. Generally, the Examiners want to see whether students can write both objectively and persuasively, thus, usually you will see one objective task and one persuasive task.

1. Persuasive Brief Update: Tested!

The objective memo and persuasive brief make up at least 70% of all tasks tested during the last ten years. Therefore, we think it is highly likely that examinees will be asked to complete one of these tasks. Since July 2013 students were asked to write an objective memo nine times and a persuasive brief five times. Thus, our best guess is that examinees will be asked to write a persuasive brief on the February 2019 UBE.

If you are unfamiliar with how to format a brief, take a look at our post on how to format a persuasive brief on the MPT here.

2. An Opinion or Demand Letter Update: Not tested! (The examiners stuck with the traditional memo rather testing a letter!)

After the objective memo and the persuasive brief, the next most commonly tested tasks are opinion letters and demand letters. Since July 2013, letters have appeared on the MPT five times. We think that if you are asked to complete a persuasive brief for one of the tasks, the other task will most likely be a letter – either a demand letter or an opinion letter. (Most likely if you are given a persuasive brief, you are more likely to be given an opinion letter because that tests objective writing skills versus a persuasive brief, which tests persuasive writing skills.) Opinion letters are generally written to clients and provide an objective view of the possible courses of action available to them. If you are feeling unsure about this task, check out our post on how to draft an opinion letter here. Demand letters generally ask the recipient of the letter to take particular action, thus it is a persuasive task. If you are looking for tips, take a moment to read our post on how to format a demand letter.

Note: We want to emphasize that you should not rely on these predictions! You should take the time to review all of the commonly tested tasks on the MPT in addition to a few uncommon tasks.

We hope you found this post helpful. We wish you the best of luck on the February 2019 UBE and subsequent exams!

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February 2019 UBE Predictions