If you are trying to study “smart” for the multistate essay exam or Uniform Bar Exam (UBE), you will no doubt wonder what the most frequently tested MEE issues are!
The first step to knowing where to focus when you approach the MEE is to be aware of the most frequently tested MEE subjects. You can see a chart of the highly tested MEE subjects here.
You should not “ignore” any MEE subject (as they are all fair game for the bar exam!). However, it makes sense to study the subjects that you are more likely to see with greater intensity! For example, Civil Procedure is probably more important than, say, Conflict of Laws! (Though you definitely don’t want to ignore Conflict of Laws!)
After looking over the highly tested MEE subjects, pay close attention to these frequently tested MEE issues. This is just an overview. We also have a link to a FREE PDF and a youtube video where we cover the below topics in much more depth at the bottom of the page. (If you are looking for each MEE issue in one page — front and back — check out our extremely highly regarded MEE One-Sheets here!)
Frequently Tested MEE (Multistate Essay Exam) / Uniform Bar Exam Issues:
Agency and Partnership
- Know agency formation principles (how to form an agency)
- Remember different types of authority (actual, apparent, and ratification)
- Know that formation of a partnership does not require much. Also, know that partners are agents of a partnership (so sometimes partnership issues overlap with agency issues!)
- Personal jurisdiction is frequently tested
- Subject matter jurisdiction is frequently tested (all types—federal, diversity, and supplemental)
- Transfer to a more appropriate forum in venue is tested
Conflict of Laws
- This is frequently tested with Family Law or Federal Civil Procedure
- Be aware of the full faith and credit clause and how a jurisdiction must recognize final judgments on the merits of other states that have jurisdiction
- Be aware of the Klaxon Rule (a federal district court sitting in diversity must apply the choice-of-law approach prevailing in the state in which it sits
- State action is required to sue under the First, Fourteenth, and Fifteenth Amendments
- The equal protection clause is heavily tested
- Free speech (and the differing levels of scrutiny) are highly tested
Contracts and Sales
- Contract formation is heavily tested (including offer, acceptance, and consideration)
- General damages principles are tested
- Be familiar with the Statute of Frauds
Corporations and LLCs
- The business judgment rule is heavily tested
- Duty of loyalty is highly tested
- Know when a shareholder brings a suit that is direct versus when they should bring a derivative lawsuit
Criminal Law and Procedure
- Murder is tested in Criminal Law questions
- The Fifth Amendment Miranda rights are heavily tested (including when and how to invoke and waive rights)
- The Fourth Amendment search and seizure principles are tested in Criminal Procedure questions
- Hearsay is highly tested
- Impeachment is heavily tested
- Character evidence is heavily tested
- Child support and child custody are heavily tested (including parental rights)
- Property division and alimony are heavily tested
- Jurisdictional issues (e.g., which court may dissolve a marriage or issue child custody and support, the UCCJEA) are highly tested
- Equitable conversion and merger are heavily tested
- Recording acts are tested
- Rights and duties under a lease are heavily tested
- Attachment and perfection is heavily tested
- Know priority rules (If no party perfects, the first to attach has priority. Otherwise, the first to file or perfect has priority!)
- Be familiar with default as well as the debtor’s means of protecting itself and the remedies available if the secured party fails to comply with the requirements. These are tested in details.
- Negligence is the most highly tested topic by far
- Understand vicarious versus direct liability and indemnification
- Strict liability is occasionally tested
- Know that a trust is valid if there is a trustee, beneficiary, and trust property
- Understand the variety of trusts that can be created (pour-over wills, spendthrift trusts, charitable trusts)
- The duty of care (prudent administration) is highly tested
- Will creation is heavily tested
- Will revocation is heavily tested
- Understand who a child is for purposes of intestate succession (adopted children, children born out of wedlock, half-bloods—but not stepchildren)
Looking for the law for some of these highly tested MEE issues in one single place?
We have a fantastic and highly-regarded PDF on How to Pass the Multistate Essay Exam and video on how to pass the Multistate Essay Exam with excellent essay charts as well as an overview of the highly-tested MEE topics and areas of law for each subject.
To have the PDF on how to pass the Multistate Essay Exam sent right to your inbox, just fill out this form.
The video is less than 20 minutes long and the PDF is super-concise but packed with great information. We highly recommend you download the PDF in conjunction with watching the video. These guides will help you if you are in: AL, AK, AZ, AR, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, ME, MA (beginning July 2018), MD, MN, MS, MO, MT, NE, NV, NH, NM, NY, ND, OH, OR, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI, WY, GU, MP, PW, VI
A screenshot of How to Pass the Multistate Essay Exam video and PDF is below. You can see how we tell you the highly tested issues for each subject in the video and PDF.
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