February 2025 Multistate Essay Exam Predictions

JD Advising’s February 2025 Multistate Essay Exam Predictions

If you are looking for February 2025 Uniform Bar Exam Predictions, we are excited to share our February 2025 UBE study guide. You can see our JD Advising list of recommended topics and essays to review below.

**NOTE**: These are observations and recommendations to review. These are not formal “predictions” of what will be tested.

JD Advising’s February 2025 Multistate Essay Exam Predictions

Will JD Advising make UBE predictions for February 2025?

Yes, we plan to release a list of Uniform Bar Exam predictions on February 3, 2025. Remember, these are just for fun! We are releasing these predictions closer to the bar exam date to help deter overreliance on predicted subjects.

To give you an early look, we’re hosting a sneak peek info session on January 30 at 2:00 PM ET which you can register for here. During this live webinar, we’ll discuss our UBE predictions, the methodology behind them, and highlight key subjects and topics to focus on. Please note that this session will not be distributed, so be sure to attend live!

Check out our Bar Exam Tutoring Informational Session on January 7, 2025 at 7:30 PM ET (4:30 PM PT). Sign up here! And, our How to Pass The Bar Exam: Free 4-Day Mastery Class to Pass is January 7 – January 10, 2025 @ 2:00 PM ET (11 AM PT) Monday through Friday. Sign up here.

We will be covering our predictions in more detail in our FREE Bar Exam Predictions Information Session on January 30, 2025, starting at 2:00 PM ET. Reserve your spot here!

Sign up below to get a PDF copy of this UBE study guide (the information in this post) sent directly to your inbox. 

For now, we highly recommend that you review all of the subjects and the highly tested topics, as well as other topics ripe for testing. Study your full bar exam outlines from your bar exam course! Also, our Free MEE Guide of highly tested topics, and sign up for our new free resource center!

If you are looking for other resources, check out our most popular resources below.

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Note: The suggested essays noted below can be found for free using the links below. Essays and MPTs without links should be available in your commercial course, or they are available for purchase in our organized MPT Books or MEE Books! If you are looking for bar exam outlines to review full subjects, check out our amazing outlines here!

Disclaimer: You should NOT rely solely on these predictions when you study! You should review all subjects when preparing for the Uniform Bar Exam. All subjects are fair game for the exam. This is just our educated guess on what will appear on the exam, which we do for fun! Sometimes we are right. Sometimes we are not!

 February 2025 Multistate Essay Exam Predictions

Civil Procedure

Civil Procedure was most recently tested in July 2024. Civil Procedure has been tested frequently in the past and has appeared on seven of the last nine UBEs. Given the frequency with which Civil Procedure is tested, this subject is ripe for testing in February 2025.

Some Civil Procedure issues that are ripe for testing include the following:

• Personal jurisdiction
• Subject-matter jurisdiction
• Venue
• Service of process
• Pleadings (sanctions, amendments)
• Summary judgment
• Claim preclusion (res judicata) and issue preclusion (collateral estoppel)

To get some practice with Civil Procedure essays, we recommend looking at the following MEEs:

• July 2012 (summary judgment; leave to amend)
• February 2015 (service of process; diversity jurisdiction; impleader)
• July 2016 (personal jurisdiction; subject-matter jurisdiction; venue)
• February 2018 (Rule 11 sanctions)
• February 2019 (diversity jurisdiction; personal jurisdiction)
• February 2021 (joinder of plaintiffs; claim preclusion; issue preclusion; Erie doctrine)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Civil Procedure topics.

Constitutional Law

Constitutional Law was most recently tested in July 2024. Prior to July 2024, Constitutional Law had not been tested since October 2020. During 2020, Constitutional Law appeared on four of the five UBEs. Due to the COVID-19 pandemic, five UBEs were administered in 2020 (February 2020, July 2020, two exams in September 2020, and a modified version of the exam in October 2020). Prior to 2020, Constitutional Law was tested every other administration or every two administrations. Because the frequency with which Constitutional Law has been tested since 2019 has been extremely irregular, it is difficult to determine whether Constitutional Law is ripe for testing in February 2025.

Constitutional Law is generally tested by itself on the essay portion of the UBE. However, Constitutional Law was combined with Civil Procedure in July 2019 and with Corporations in July 2020. So, it is possible to encounter a Constitutional Law essay that also tests an issue from another subject.

Constitutional Law essays often focus upon nuanced topics including, but not limited to, the Dormant Commerce Clause, sovereign immunity, regulatory takings, whether Congress may “commandeer” the states, and the various free speech tests under the First Amendment to the United States Constitution.

Some Constitutional Law issues that are ripe for testing include the following:

• Congress’s commerce power
• The Dormant Commerce Clause
• The Eleventh Amendment (sovereign immunity)
• The Equal Protection Clause
• The First Amendment freedom of speech

To get some practice with Constitutional Law essays, we recommend looking at the following MEEs:

• July 2012 (Congress’s commerce power; commandeering states; Eleventh Amendment)
• February 2015 (Equal Protection Clause)
• February 2016 (Congress’s commerce power; Dormant Commerce Clause)
• July 2017 (Eleventh Amendment; Congress’s commerce power; Dormant Commerce Clause)
• July 2018 (commandeering states)
• October 2020 (First Amendment freedom of speech)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Constitutional Law topics.

Contracts

Contracts was last tested in July 2024 and was also tested in February 2024. Contracts is usually tested on its own and not in combination with another subject.

Frequently tested Contracts topics include contract formation, the Statute of Frauds, and damages.  However, Contracts is a subject that lends itself well to more nuanced areas of the law being tested, so be sure to review the less highly tested topics as well given that the examiners seem to be trending toward testing less predictable and more nuanced topics.

Some Contracts issues that are ripe for testing include the following:

• Contract formation
• Anticipatory repudiation
• Firm offer and option contracts
• Revocation of acceptance
• Substantial performance
• Damages

To get some practice with Contracts essays, we recommend looking at the following MEEs:

• February 2013 (Article 2; adequate assurances; anticipatory repudiation)
• July 2014 (modification of contract under common law and Article 2; economic duress defense)
• February 2017 (Article 2; firm offer; option contract; revocation of offer)
• July 2019 (expectation damages; consequential damages; duty to mitigate)
• February 2020 (Article 2 vs. common law [predominant purpose test]; substantial performance; damages)
• February 2022 (contract formation under Article 2; Statute of Frauds, merchants’ confirmatory memo; course of dealing; damages)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Contracts topics.

Criminal Law & Procedure

Criminal Law

Criminal Law was most recently tested in February 2022. Criminal Law was tested infrequently before February 2018 but from February 2018 to September 2020, it appeared on every other exam. Criminal Law is generally tested by itself but once in a while is combined with Evidence (February 2020) or Criminal Procedure (July 2009).

Because it has been several administrations since Criminal Law was last tested, Criminal Law is ripe for testing in February 2025.

Some Criminal Law issues that are ripe for testing include the following:

• Accomplice liability
• Homicide (involuntary manslaughter; second-degree murder)
• Insanity as a defense
• Attempt and defenses to attempt
• Receiving stolen goods

To get some practice with Criminal Law essays, we recommend looking at the following MEEs:

• July 2009 (attempt and defenses to attempt)
• July 2012 (involuntary manslaughter; legal cause of death; accomplice liability)
• February 2018 (insanity as a defense; incompetency to stand trial)
• February 2019 (larceny; embezzlement; burglary; receipt of stolen property)
• September 2020 (homicide: first-degree murder; voluntary manslaughter; defense of others)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Criminal Law topics.

Criminal Procedure

Criminal Procedure was last tested in February 2024 and was also tested in February 2023 and July 2023. Criminal Procedure is usually tested by itself but has been combined with Evidence (July 2016, July 2017) and with Criminal Law (July 2009).

Some Criminal Procedure issues that are ripe for testing include the following:

• The Fourth Amendment (search warrant requirement, warrant exceptions)
• The Fifth Amendment (Miranda warnings)
• The Sixth Amendment (right to counsel, right to jury trial)

To get some practice with some Criminal Procedure essays, we recommend looking at the following MEEs:

• February 2014(Double jeopardy; Sixth Amendment right to jury trial)
• July 2014 (Sixth Amendment right to counsel; Fifth Amendment Miranda warnings)
• July 2019 (Fifth Amendment Miranda warnings)
• July 2021 (Fourth Amendment warrant exceptions)
• February 2023 (Proper execution of a search warrant; knock-and-announce rule; Terry search scope)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Criminal Procedure topics.

Evidence

Evidence was most recently tested in February 2024. Evidence is usually tested by itself. However, in July 2016 and July 2017, Evidence was tested in combination with Criminal Procedure. In February 2020, the Evidence essay question also tested issues from Criminal Law. Except for the time between October 2020 and July 2022, Evidence has frequently been tested every administration or every other administration. Thus, Evidence may be ripe for testing in February 2025.

Some Evidence issues that are ripe for testing include the following:

• Hearsay
• Impeachment
• Lay witnesses and expert witnesses
• Confrontation Clause
• Policy exclusions

To get some practice with Evidence essays, we recommend looking at the following MEEs:

• July 2014 (impeachment based on prior convictions and prior bad acts)
• February 2016 (hearsay; Confrontation Clause; character evidence)
• July 2018 (hearsay; lay witnesses; expert witnesses; doctor-patient privilege; habit evidence; relevancy)
• July 2020 (hearsay; doctor-patient privilege; authentication; best-evidence rule)
• February 2023 (policy exclusions; character evidence; hearsay; impeachment)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Evidence topics.

Real Property

Real Property was last tested in July 2024 and was also tested in February 2024. Real Property is usually tested on its own and not in combination with other subjects. Real Property questions tend to be more open-ended in nature, and the answers more nuanced than those in some other subjects.

Some Real Property issues that are ripe for testing include the following:

• Recording acts
• Warranty deeds
• Merger doctrine
• Easement creation and termination
• Cotenancies
• Adverse possession
• Landlord-tenant issues

To get some practice with Real Property essays, we recommend looking at the following MEEs:

• February 2010 (recording acts; shelter rule; warranty deed)
• February 2013 (constructive eviction; surrender; duty to mitigate)
• February 2015 (adverse possession; warranty deed)
• July 2018 (zoning ordinance and nonconforming use; future advance mortgage)
• February 2020 (severance of a joint tenancy)
• February 2021 (easement creation and termination)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Real Property topics.

Torts

Torts was most recently tested in July 2023. Torts has appeared less frequently on the essay portion of the UBE recently. For example, Torts did not appear in July 2019, on any of the exams in 2020, in February 2021, on either exam in 2022, or in February 2023. Torts is generally tested by itself but is occasionally combined with Agency. Some of the common issues tested in Torts include negligence; negligence per se; strict products liability; vicarious liability; and battery.

Some Torts issues that are ripe for testing include the following:

• Negligence
• Negligence per se
• Strict products liability
• Vicarious liability of employer and indemnification
• Comparative negligence

To get some practice with Torts essays, we recommend looking at the following MEEs:

• February 2008 (strict products liability; res ipsa loquitur)
• February 2011 (battery; strict products liability; eggshell-skull rule; vicarious liability)
• February 2012 (false imprisonment; negligent infliction of emotional distress; vicarious liability)
• February 2015 (negligence per se; vicarious liability and indemnification)
• July 2015 (negligence [premises liability]; attractive nuisance; comparative versus contributory negligence)
• February 2019 (negligence)

Note: Your review should NOT be limited solely to the essays listed above. Please review our free MEE Guide for the highly tested Torts topics.

Agency & Partnership

Agency

Agency was most recently tested in July 2023 in combination with Partnership and Corporations & LLCs. It is common for Agency to be tested by itself, combined with Partnership, or combined with Torts. The examiners often alternate between testing Corporations & LLCs and Agency & Partnership, all of which are tested frequently. Agency is ripe for testing in February 2025.

Some Agency issues that are ripe for testing include the following:

• Actual authority; apparent authority; ratification
• Employee versus independent contractor
• Respondeat superior; vicarious liability
• Undisclosed principal
• Fiduciary duties of agents

To get some practice with Agency essays, we recommend looking at the following MEEs:

• February 2015 (respondeat superior)
• February 2017 (ratification; liability of agent if principal is undisclosed or partially disclosed)
• February 2020 (actual authority; apparent authority; liability of agent if principal is disclosed; vicarious liability)
• February 2021 (combined with Partnership: employee versus independent contractor, respondeat superior; vicarious liability: “masters” liable for torts of servants in course of employment; principal not liable for independent contractor’s negligence)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Agency topics.

Partnership

Partnership was last tested in February 2024, after having just been tested in July 2023 (combined with Agency and Corporations). Prior to that, October 2020 was the last time Partnership was the primary focus of an essay on the UBE. Given the trend toward testing less predictable subjects on the MEEs, it is entirely possible to see Partnership tested again in February 2025, either on its own or combined with another subject like Corporations or Agency.

Some Partnership issues that are ripe for testing include the following:

• Definition and formation of a partnership
• Fiduciary duties of partners
• New partner not liable for obligations that predated her admission into the partnership
• Withdrawal and dissolution of a partnership
• Liability when a general partnership transforms into an LLP or an LP

To get some practice with Partnership essays, we recommend looking at the following MEEs:

• July 2009 (general partnership liability; procedure for collection for creditors of the partnership)
• February 2014 (a new partner is not liable for obligations that predated her admission into the partnership; liability when a general partnership transforms into a limited liability partnership)
• February 2018 (dissolution; fiduciary duties of care and loyalty; withdrawal from partnership)
• February 2019 (formation of a general partnership; general partnership powers; partners are agents and comanagers of the partnership; dissolution)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Partnership topics.

Conflict of Laws

Conflict of Laws has not been tested since July 2021. During that administration, Conflict of laws was tested in combination with Corporations & LLCs. This was the first time Conflict of Laws had been tested in combination with Corporations & LLCs on the UBE. Conflict of Laws is not tested by itself. Conflict of Laws is typically combined with Civil Procedure, Decedents’ Estates, or Family Law.

Some Conflict of Laws issues that are ripe for testing include the following:

• Combined with Civil Procedure: Klaxon rule; which state law applies if there is a change of venue
• Combined with Family Law: common law marriage; validity of marriage in one state when recognized in another state
• Combined with Family Law: enforceability of premarital agreements
• Combined with Decedents’ Estates: validity and enforceability of wills

To get some practice with Conflict of Laws essays, we recommend looking at the following MEEs:

• February 2012: combined with Civil Procedure (which state law applies when there is a change of venue; Klaxon rule)
• February 2017: combined with Family Law (common law marriage; validity of marriage in one state when recognized in another state)
• July 2019: combined with Decedents’ Estates (validity of a will; which state law applies)
• July 2021: combined with Corporations & LLCs (duties of directors are determined by the state of incorporation, not by the state where the corporation operates or the state where the suit is brought)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Conflict of Laws topics.

Corporations & LLCs

Corporations & LLCs was most recently tested in July 2024. In July 2023, Corporations & LLCs was tested in combination with Agency & Partnership (specifically, LLCs were tested). Prior to that, LLCs were last tested in September 2020 in combination with Agency. Corporations & LLCs was recently tested in three consecutive administrations of the UBE (July 2021, February 2022, July 2022), making it clear that this is a favorite subject of the examiners. Some commonly tested Corporations & LLCs issues include duty of care, duty of loyalty, the business-judgment rule, direct versus derivative shareholder actions, piercing the corporate veil, rules concerning directors’ meetings, and LLCs.

Some Corporations & LLCs issues that are ripe for testing include the following:

• Limited liability companies (LLCs)
• Piercing the corporate veil
• Shareholder’s right to inspect corporate records
• Fiduciary duties of directors and members
• Dissolution of a corporation
• Role of directors, shareholders, and officers

To get some practice with Corporations & LLCs essays, we recommend looking at the following MEEs:

• July 2012 (LLCs; direct versus derivative actions; piercing the LLC veil)
• July 2014 (shareholders amendment of bylaws; direct versus derivative actions)
• February 2017 (shareholder’s right to inspect corporate records; duty of care; dismissal of a derivative action)
• July 2019 (fiduciary duties of controlling shareholders; dividends; duty of care; duty of loyalty and defenses thereto)
• July 2021 (fundamental change [merger]; dissenting shareholder’s rights)
• July 2023 (LLC manager as an agent; piercing the corporate veil)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Corporations & LLCs topics.

Decedents’ Estates

Decedents’ Estates was most recently tested in February 2024. Decedents’ Estates was also tested in July 2023 on its own and July 2022 in combination with Trusts & Future Interests. Additionally, It was tested on both the February and July exams in 2021. In the past, it has been common for the examiners to test Decedents’ Estates on one exam and then Trusts & Future Estates on the following exam. However, neither Decedents’ Estates nor Trusts & Future Interests were tested in July 2024. Decedents’ Estates is most frequently tested by itself but is sometimes combined with Trusts & Future Interests (July 2020, July 2022) or Conflict of Laws (July 2019).

Some Decedents’ Estates issues that are ripe for testing include the following:

• Abatement
• Ademption by extinction
• Holographic wills
• Issues pertaining to children (adopted child, pretermitted child, child born out of wedlock)
• Antilapse statutes
• Incorporation by reference

To get some practice with Decedents’ Estates essays, we recommend looking at the following MEEs:

• July 2009 (undue influence; fraud; general power of appointment; parentelic versus consanguinity method for intestacy)
• February 2011 (abatement)
• February 2012 (ademption by extinction)
• July 2012 (adopted children; children born out of wedlock)
• February 2016 (slayer statute: durable power of attorney)
• July 2019 (holographic will; mistake/ambiguity; antilapse statute; pretermitted child)
• September 2020 (valid execution of a will; holographic will; codicil; incorporation by reference; dependent relative revocation; mental capacity; mistake/ambiguity)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Decedents’ Estates topics.

Family Law

Family Law was last tested in July 2024. Prior to that administration, Family Law had not been tested since July 2021. Between July 2014 and July 2021, Family Law was been tested every two administrations (or every other administration). Typically, Family Law is tested by itself but is occasionally combined with Conflict of Laws. Prior to July 2021, Family Law was often tested on alternating administrations with Secured Transactions.

Family Law essay questions generally draw from a variety of issues including, but not limited to, child custody, spousal support, premarital agreements, property division, the validity of a common law marriage, the Uniform Interstate Family Support Act (UIFSA), and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Lately, the examiners have consistently tested UIFSA, UCCJEA, and other jurisdictional issues, so it is a good idea to be familiar with these concepts.

Some Family Law issues that are ripe for testing include the following:

• Adoption
• Common law marriage
• Spousal and child support
• Divorce settlement agreements
• Premarital agreements and property division
• Child custody

To get some practice with Family Law essays, we recommend looking at the following MEEs:

• February 2011(divorce settlement agreement; child support modification; whether a divorce property division award may be modified)
• July 2011(common law marriage; validity of common law marriage in another state; adoption; UCCJEA)
• February 2016 (premarital agreements; property division upon divorce)
• February 2017 (common law marriage; validity of common law marriage in another state; property division; bigamy; visitation rights of a party who is not a parent)
• July 2020 (whether a state may grant a divorce even if there is no personal jurisdiction over other spouse; whether a state may grant custody even if there is no personal jurisdiction over other respondent parent; whether a state may grant property if there is no personal jurisdiction over the respondent; fault-based divorce; factors for determining the best interests of the child)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Family Law topics.

Secured Transactions

Secured Transactions last appeared on the MEE in July 2023. Secured Transactions has generally been tested on every other administration or tested consecutively on two administrations and then not on the following exam (which occurred when it was tested in February 2023 and again in July 2023, but then not in February 2024). Additionally, Secured Transactions has historically appeared on alternating administrations with Family Law. Family Law and Secured Transactions have been tested in the same administration only once, in July 2020. Secured Transactions may be ripe for testing in February 2025. However, because Secured Transactions will not be tested on the NextGen Bar Exam, the examiners may be moving away from testing this subject on the UBE.

Some Secured Transactions issues that are ripe for testing include the following:

• Account debtors
• Sale of collateral to a third party
• Default and foreclosure via self-help
• Attachment and perfection
• Priority (first to file or perfect; perfected security interest takes priority over an unperfected security interest)

To get some practice with Secured Transactions essays, we recommend looking at the following MEEs:

• February 2008(name on financing statement cannot be seriously misleading; deposit accounts; rights of judicial lien creditor versus a secured creditor)
• February 2016 (buyer in the ordinary course of business does not take subject to a security interest; consumer-to-consumer transaction; perfection as to proceeds
• July 2016 (fixture filing; perfection as to proceeds; default; foreclosure using self-help)
• July 2017 (attachment of a security interest; account debtor; priority [first to file or perfect])
• February 2019 (perfection and rules of priority [possession]; default; judicial lien creditor rights versus a secured creditor)
• February 2021 (attachment of a security interest; description of collateral; perfection by filing a financing statement; priority of a perfected secured party versus judgment lien creditors)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Secured Transactions topics.

Trusts & Future Interests

Trusts & Future Interests was last tested in July 2023. Typically, the examiners alternate between testing Decedents’ Estates and Trusts & Future Interests. Because Decedents’ Estates was last tested in February 2024, Trusts & Future Interests may be more ripe for testing in February 2025 than Decedents’ Estates. However, please closely review both subjects! And like Secured Transactions, Trusts & Future Interests will not be tested on the NextGen Bar Exam, so it may be less likely to appear on the UBE. Trusts & Future Interests is sometimes tested by itself and is sometimes combined with Decedents’ Estates.

Some Trusts & Future Interests issues that are ripe for testing include the following:

• Requirements for a valid trust
• Class gifts and antilapse statutes
• Duties of the trustee (loyalty, diversify, Uniform Principal and Income Act)
• Pourover will
• Spendthrift trusts
• Powers of appointments

To get some practice with Trusts essays, we recommend looking at the following MEEs:

• July 2011(equitable deviation; cy pres)
• July 2012 (class gifts; termination of a trust under common law and the UPC)
• February 2017 (amendment of a trust; special powers of appointment; elective share)
• July 2018 (duties of the trustee [loyalty, diversify, Uniform Principal and Income Act])
• February 2019 (discretionary support trust subject to spendthrift clause; duty of loyalty)
• October 2020 (definite beneficiaries required for a valid trust; powers of appointment)

Note: Your review should NOT be limited solely to the essays listed above! Please review our free MEE Guide for the highly tested Trusts topics.

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