What Are The Most Highly Tested MBE Topics? - JD Advising
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What Are The Most Highly Tested MBE Topics?

The Multistate Bar Exam (MBE) tests many areas of law. It does not, however, necessarily test these areas equally! To get a high MBE score, you need to focus your attention most strongly on the areas most likely to appear within a topic. For example, Civil Procedure questions on the MBE are more likely to touch on jurisdiction and venue issues than appealability and review ones. So, what are the most highly tested MBE topics?

What Are The Most Highly Tested MBE Topics?

Torts: (25 questions)

  • Negligence—12-13 questions
  • Strict Liability and Products Liability—3-5 questions
  • Intentional Torts – 3-5 questions
  • Other Torts – 3-5 questions

Evidence: (25 questions)

  • Relevancy and Reasons for Excluding Relevant Evidence – 8-9 questions
  • Hearsay and Circumstances of its Admissibility – 6-7 questions
  • Presentation of Evidence – 6-7 questions
  • Privileges and Other Policy Exclusions – approx. 2 questions
  • Writings, Recordings, and Photographs – approx. 2 questions

Real Property: (25 questions)

  • Real Estate Contracts – approx. 5 questions
  • Mortgages/Security Devices – approx. 5 questions
  • Ownership of Property – approx. 5 questions
  • Rights in Land – approx. 5 questions
  • Title to Property – approx. 5 questions

Contracts and Sales: (25 questions)

  • Formation of Contracts – 6-7 questions
  • Performance, Breach, and Discharge – 6-7 questions 
  • Defenses to Contract Enforceability – 3-4 questions
  • Parol Evidence and Interpretation – 3-4 questions
  • Contract Remedies – 3-4 questions
  • Third-Party Rights – 3-4 questions

(About 6-7 of the questions will be on UCC Article 2 and revised Article 1)

Civil Procedure (25 questions)

  • Jurisdiction and Venue – 5-6 questions
  • Pretrial Procedures – 5-6 questions
  • Motions – 5-6 questions
  • Law Applied by Federal Courts – 2-3 questions
  • Jury Trials – 2-3 questions
  • Verdicts and Judgments 2-3 questions
  • Appealability and Review – 2-3 questions

Criminal Law and Criminal Procedure: (25 questions)

  • Constitutional Protections of Accused Persons (Criminal Procedure) – 12-13 questions
  • Homicide – 3-4 questions
  • Other Crimes – 3-4 questions
  • Inchoate Crimes, Parties – 3-4 questions
  • General Principles of Criminal Law – 3-4 questions

Constitutional Law: (25 questions)

  • Individual Rights – 12-13 questions
  • The Nature of Judicial Review – 3-5 questions
  • Separation of Powers – 3-5 questions
  • The Relation of Nation and States (Federalism) – 3-5 questions

This chart sums up the highly tested MBE topics in order of most-to-least tested:

Highly Tested Areas of Law on the MBEThis chart and these percentages are based on the National Conference of Bar Examiners’ subject matter outlines which you can find here.

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