Bar Exam Predictions for Fall 2020 Uniform Bar Exam

Bar Exam Predictions for the Fall 2020 Uniform Bar Exam

Are you starting to prepare for the fall 2020 Uniform Bar Exam? Are you curious as to what issues might appear on the September 2020 Uniform Bar Exam? We have taken a close look at the trends on the MEEs and MPTs and created our list of issues that are ripe for testing on the upcoming fall bar exams Please read below for more information for issues that are ripe for testing on the essays and suggested MPTs to review.

Update on 10/2/20: Many people are disappointed that we are not updating this post. We are sorry to cause disappointment! However, please keep a few things in mind: 

• First, our “issues ripe for testing” would not change significantly regardless of what was tested on the 9/30 bar exam, because these are the highly tested issues likely to appear on these fall exams. There are a lot of important topics to review below. 
• Second, you will actually be at a big advantage if you study the highly tested topics suggested below and in our free MEE guide. It is very hard to make individual predictions due to the fact that there is an unprecedented five bar exams this fall. You are doing yourself a favor by doing this!

Update on 10/1/20: In order to be fair to all test takers, we will NOT be updating this post after the September 30-October 1 bar exam (as previously planned) because we do not want to refer to any topics (explicitly or implicitly) that were tested on the 9/30-10/1 bar exam. The reason for this is because some test takers with accommodations will be taking the exam over an extended period of time. We do not want to inadvertently give anyone an unfair advantage. We appreciate your understanding! 

Disclaimer: In lieu of our traditional predictions blog post, we will be providing issues that are ripe for testing for each subject. You should NOT solely rely on these issues that are ripe for testing when you study! All subjects and all issues are fair game for the exam. This is just our educated guess on what issues are ripe for testing on the exam, which we do for fun! Sometimes we are right. Sometimes we are not! Please review our free MEE guide for more detail on some of the highly tested topics and be careful not to ignore any subject! It is imperative that you review at least seven to nine essays per subject to familiarize yourself with a diverse range of issues that have appeared on past exams.

Note: The National Conference of Bar Examiners (NCBE) typically administers two bar exams each year (in February and July), but in light of the Covid-19 pandemic, the NCBE is administering a total of five bar exams this year, which means that it is highly likely that the written portion of the September 30 – October 1, 2020 bar exam (and the following October 5-6, 2020 exam) will be more unpredictable, and at a minimum, at least as challenging as the July 2020 Uniform Bar Exam.

Update: please see a recap of the fall 2020 UBE here! 

Issues Ripe For Testing On the Fall Uniform Bar Exam

1. Agency & Partnership (update: tested!)

To a large extent, Agency is tested every other administration. It is possible to see a pure Agency question, or Agency/Partnership crossover, or a Torts/Agency crossover. Below are some issues that are commonly tested in Agency questions and suggested essays for review:

• Actual authority (February 2017)
• Apparent authority (February 2017)
• Ratification (February 2017)
• Liability of agent if principal is undisclosed or partially disclosed (February 2017)
• Respondeat superior (February 2015)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

Typically, Partnership has been tested every third or fourth administration. It is possible to see a pure Partnership question or an Agency/Partnership crossover. Below are some issues that are commonly tested in Partnership questions and suggested essays for review:

• A new partner is not liable for obligations that pre-dated her admission into the partnership (February 2014)
• Dissolution (February 2018)
• Fiduciary duties of loyalty and care (February 2016)
• Liability when a general partnership transforms into a limited liability partnership or a limited partnership (February 2014)
• Withdrawal from partnership (February 2018)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

2. Civil Procedure (update: tested!)

Although Civil Procedure is not tested on the written portion of every exam anymore, it is still the most frequently tested subject. Generally Civil Procedure is tested by itself, but occasionally it is combined with Conflict of Laws. Below are some issues that are commonly tested in Civil Procedure questions and suggested essays for review:

• Discovery – work product (February 2014)
• Personal jurisdiction (July 2015)
• Subject Matter Jurisdiction – Supplemental jurisdiction (July 2015, July 2016)
• Venue (July 2016)
• Service of process (February 2015, July 2017)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

3. Conflict of Laws (update: not tested)

Conflict of Laws is commonly tested on the exam every three to four administrations. This subject is never tested by itself. Rather, it is typically combined with Civil Procedure, Decedents’ Estates, or Family Law. Below are some issues that are frequently tested in Conflict of Laws questions and suggested essays for review:

• Combined with Civil Procedure: Klaxon rule (July 2017); which state law applies if there is a change of venue (February 2012)
• Combined with Decedents’ Estates: Distribution of real property vs. personal property (July 2012)
• Combined with Family Law: Common law marriage, validity of marriage in one state when recognized in another state (February 2017)

Note: All of these essays are available for free on the NCBE website, except for the February 2017 and July 2017 essays. To review the February 2017 and July 2017 essays for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

4. Constitutional Law (update: tested!)

Constitutional Law has typically been tested on every other exam since February 2012 and the fact patterns often feature nuanced issues. Below are some issues that are commonly tested in Constitutional Law questions and suggested essays for review:

• Commerce Clause (July 2012)
• Dormant Commerce Clause (July 2017)
• Eleventh Amendment (July 2017)
• Equal Protection (July 2011)
• First Amendment – public v private forum (July 2010)

Note: All of these essays are available for free on the NCBE website, except for the July 2017 essay. To review the July 2017 essay for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

5. Contracts (update: not tested)

Contracts is typically tested every other administration. Below are some issues that are commonly tested in Contracts questions and suggested essays for review:

• Anticipatory Repudiation (July 2015)
• Offer and counteroffer (February 2011)
• Statute of Frauds (July 2015)
• Revocation of an offer (July 2018)
• Option contracts and firm offers (July 2018)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website, except for the February 2011 essay. To review the February 2011 essay for free, visit the NCBE website. Your review should NOT be limited solely to the essays listed above!

6. Corporations (update: not tested)

Corporations is another subject that is generally tested every other administration. Below are some issues that are commonly tested in Corporations questions and suggested essays for review:

• LLC question (July 2012, July 2013)
• Piercing the veil (July 2012, July 2013)
• Direct versus derivative lawsuit (July 2012)
• Dissolution (July 2012)
• Duty of loyalty and duty of care (July 2015)

Note: All of these essays are available for free on the NCBE website, except for the July 2015 essay. To review the July 2015 essay for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

7. Criminal Law and Procedure (update: not tested)

Criminal Law and Criminal Procedure generally are not tested together in the same fact pattern. Criminal Law used to be tested every three to four administrations, but more recently it has been tested on every other exam. Below are some issues that are commonly tested in Criminal Law questions and suggested essays for review:

• Accomplice Liability (July 2012)
• Legal cause of death (July 2012)
• Homicide (e.g., involuntary manslaughter; second degree murder) (July 2012)
• Not guilty by reason of insanity as a defense (February 2018)

Note: All of these essays are available for free on the NCBE website, except for the February 2018 essay. To review the February 2018 essay for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

Criminal Procedure is typically tested every two to three administrations and it was crossed over with Evidence in July 2016 and July 2017. Until now, the Examiners have overwhelmingly favored testing Miranda rights, but in addition this, we recommend reviewing other issues that have not appeared on the exam in quite some time. Below are some issues that are commonly tested in Criminal Procedure questions and suggested essays for review:

• 4^th Amendment (July 2011)
• 5^th Amendment – Miranda warnings (July 2016, July 2017)
• 6^th Amendment – right to counsel, right to jury trial (February 2014, July 2014)

 Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website, except for the July 2011 essay. To review the July 2011 essay for free, visit the NCBE website. Your review should NOT be limited solely to the essays listed above!

8. Evidence (update: tested!)

Evidence is generally tested consecutively on two administrations and then typically does not appear on the following exam.  Most of the time Evidence is tested by itself, but when it is crossed over with another subject it is usually combined with Criminal Procedure and to a lesser extent, Criminal Law. Below are some issues that are commonly tested in Evidence questions and suggested essays for review:

• Character Evidence (February 2011)
• Hearsay and nonhearsay (July 2018)
• Impeachment (February 2011, July 2014)
• Policy exclusions (February 2012)
• Sixth Amendment Confrontation Clause (February 2016)

Note: All of these essays are available for free on the NCBE website, except for the February 2016 and July 2018 essays. To review the February 2016 and July 2018 essays for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

9. Family Law (update: tested!)

Family Law is commonly tested on every other administration or after every two administrations. Usually Family Law is tested by itself, but occasionally it is combined with Conflict of Laws. Below are some issues that are commonly tested in Family Law questions and suggested essays for review:

• Adoption (July 2011)
• Common law marriage (February 2017)
• Premarital agreements (February 2016)
• Property division (February 2016)
• Uniform Interstate Family Support Act (July 2014)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website, except for the July 2011 essay. To review the July 2011 essay for free, visit the NCBE website. Your review should NOT be limited solely to the essays listed above!

10. Real Property (update: not tested)

Real Property essays tend to be more open-ended in nature and more nuanced. Generally, this subject is tested consecutively on two administrations and then commonly does not appear on the following exam. Below are some issues that are commonly tested in Real Property questions and suggested essays for review:

• Adverse possession (February 2015)
• Easement creation and termination (February 2012)
• Recording acts (July 2011)
• Surrender of an apartment by tenant and landlord’s duty to mitigate (February 2013)
• Warranty deed (February 2018)

Note: All of these essays are available for free on the NCBE website, except for the February 2018 essay. To review the February 2018 essay for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

11. Secured Transactions (update: not tested)

Secured Transactions is often tested on every other administration, or it is tested consecutively on two administrations and then commonly does not appear on the following exam. Below are some issues that are commonly tested in Secured Transactions questions and suggested essays for review:

• Attachment of a security interest (February 2014, July 2017)
• Buyer in the ordinary course of business does not take subject to a security interest (February 2015, February 2016)
• Buyer not in the ordinary course of business (February 2014)
• Consumer-to-consumer transaction (February 2016)
• Perfection as to proceeds (February 2016)
• Priority (e.g., first to file or perfect, between a perfected and unperfected security interest) (February 2014, July 2017)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

12. Torts (update: not tested)

Generally, Torts is tested every other administration or every two administrations. Usually Torts is tested by itself, but sometimes, it is combined with Agency. Below are some issues that are commonly tested in Torts questions and suggested essays for review:

• Intentional Torts – battery (February 2011) or false imprisonment (February 2012)
• Negligence – premises liability (July 2012, July 2015)
• Negligence per se (February 2015)
• NIED (February 2012)
• Strict products liability (February 2011, July 2016)

Note: All of these essays are available for free on the NCBE website, except for the July 2016, July 2015 and February 2015 essays.  To review the July 2016, July 2015, and February 2015 essays for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

13. Trusts (update: tested!)

The Examiners generally alternate between testing Decedents’ Estates (Wills) and Trusts. Usually Trusts is tested by itself, but sometimes, it is combined with Wills. Most recently, when Trusts has been tested, it appeared on two consecutive administrations and was not tested on the following exam. Below are some issues that are commonly tested in Trusts questions and suggested essays for review:

• Amendment of a trust (February 2017)
• Class gifts (July 2012)
• Duties of the trustee—loyalty, diversify, Uniform and Principal Act (February 2014, July 2018)
• Special powers of appointment (February 2017)
• Termination of trust under common law and UPC (July 2012)

Note: All of these essays are available for free on the Minnesota State Board of Law Examiners’ website, except for the July 2012 essay. To review the July 2012 essay for free, visit the NCBE website. Your review should NOT be limited solely to the essays listed above!

14. Wills (Decedents’ Estates) (update: not tested)

Wills is generally tested every two to three administrations. It is common for the Examiners to  test Wills on one exam and then Trusts on the following exam. Wills is most frequently tested by itself, but sometimes it is combined with Trusts or Conflict of Laws. Below are some issues that are commonly tested in Wills questions and suggested essays for review:

• Adopted children (July 2012)
• Codicil (February 2012, July 2017)
• Dependent relative revocation (July 2010)
• Incorporation by reference (February 2011, February 2012)
• Revocation of will (July 2013)
• Slayer statute (February 2016)

Note: All of these essays are available for free on the NCBE website, except for the February 2016 and July 2017 essays. To review the February 2016 and July 2017 essays for free, visit the Minnesota State Board of Law Examiners’ website. Your review should NOT be limited solely to the essays listed above!

Note: We want to emphasize that you should not rely solely on these issues! 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 some commonly tested issues within each subject that are ripe for testing on the September 2020 Uniform Bar Exam.

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

JD Advising’s Suggested Multistate Performance Tests to review for the Fall 2020 Uniform Bar Exam

1. Objective memorandum (update: not tested)

Between July 2005 and February 2020, the objective memorandum was the most highly tested task on the MPT. It was tested approximately 50% of the time.  If you are unfamiliar with how to format an objective memo, take a look at our post on how to format an objective memo on the MPT. It is a good idea to know how to format an objective memo because usually formatting instructions are not provided on the exam.

To get some practice with objective memos, we suggest that you complete a few tasks under timed conditions to figure out your strengths and weaknesses. We recommend taking a look at the following MPTs, all of which are available for free on the NCBE Study Aids website:

• July 2010: City of Ontario
• July 2014: In re Kay Struckman
• February 2015: In re Harrison

2. Persuasive brief (update: not tested)

Between July 2005 and February 2020, the persuasive brief was the second most highly tested task on the MPT. It was tested approximately 25% of the time. 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. 

To get some practice with persuasive briefs, we suggest that you complete a few tasks under timed conditions to figure out your strengths and weaknesses. We recommend taking a look at the following MPTs, all of which are available for free on the NCBE Study Aids website:

• July 2011: In re Social Network Inquiry (Note: this is a persuasive memo, but it will still provide excellent practice with persuasive writing.)
• February 2013: In re Guardianship of Will Fox
• February 2014:In re Rowan

3. Wildcard task (update: two persuasive memos were tested)

After the objective memo and the persuasive brief, the next most common MPT tasks are wildcard tasks. Wildcard tasks are anything other than an objective memo, persuasive brief, opinion letter, or demand letter. For a detailed list of wildcard tasks, please see our blog post for more information. Also take a moment to check out our tips on how to approach wildcard tasks. A wildcard task was recently tested in February 2020 (a closing argument).

To get some practice with wildcard tasks, we suggest that you complete a few tasks under timed conditions to figure out your strengths and weaknesses. We recommend taking a look at the following MPTs, all of which are available for free on the NCBE Study Aids website:

• July 2011: In re Field Hogs, Inc.
• February 2012: Franklin Resale Royalties Legislation
• July 2013: Palindrome Recording Contract

 4. Opinion or demand letter (update: not tested)

Between July 2005 and February 2020 opinion and demand letters are  tested nearly as often as  wildcard tasks. The last time examinees were asked to write a letter was in February 2016. Opinion letters are generally written to clients. They 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. Demand letters generally ask the recipient of the letter to take a 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.

To get some practice with letters, we suggest that you complete a few tasks under timed conditions to figure out your strengths and weaknesses. So, we recommend taking a look at the following MPTs, all of which are available for free on the NCBE Study Aids website:

• July 2012: State of Franklin v. Soper
• February 2013: In re Wendy Martel
• July 2014: In re Linda Duram

Note: Again, we want to emphasize that you should not rely solely on the suggested MPTs noted above! You should take the time to review all of the commonly tested tasks on the MPT (objective memo, persuasive brief, demand letter, opinion letter) in addition to a few wildcard tasks. It is also worth it to review our free MPT One-Sheet, our MPT Guide and our MPT Seminar if you need extra guidance.

We hope you found our review of issues that are ripe for testing on the September 2020 Uniform Bar Exam, and our list of suggested essays and MPTs to practice helpful!

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