JD Advising's February 2023 MEE Predictions

JD Advising’s February 2023 MEE Predictions

Are you preparing for the February 2023 Uniform Bar Exam? Are you curious as to what subjects might appear on the February 2023 MEE? You can see our JD Advising list of recommended topics and essays to review below.

You can find our predictions for MEE and MPT subjects by downloading our PDF. You can do so by filling out the form. Note: you will get our predictions as well as this UBE study guide.

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Recommendation:

Note that we highly recommend that you review all of the subjects and the highly tested topics, as well as other topics ripe for testing. In fact, it is well worth it to focus on the highly tested topics in all of the subjects rather than focusing on predictions (which are, again, just for fun and not to be relied upon!)

In other words, use this guide, download our Free MEE Guide of highly tested topics, and sign up for our new free resource center!

If you are looking for other resources, please check out the following:

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Below is our UBE Study Guide, which includes all of the subjects and topics.

To see the predictions, please download them after agreeing to the terms above.

Uniform Bar Exam Study Guide

Note: All the suggested essays noted below can be found for free using the links below. We use the NCBE links for the essays that appeared on the exam from February 2008 through July 2015. We used the Minnesota State Bar links for the essays that appeared on the exam from February 2016 through February 2022. Some essays come from the New York State Bar Examination website.

Civil Procedure

UPDATE: TESTED

Civil Procedure was most recently tested in July 2022. Civil Procedure has been tested frequently in the past and has appeared on four of the last five UBEs. Although Civil Procedure has been tested recently, the frequency with which this subject is tested makes it ripe for testing on the February 2023 UBE.

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

Personal jurisdiction
Venue
Service of process
Preliminary injunctions and temporary restraining orders
Summary judgment

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

July 2012 (summary judgment; leave to amend)
July 2013 (diversity jurisdiction; how to determine an individual’s domicile; how to determine venue for a corporation)
February 2014 (discovery (work product); sanctions)
July 2014 (intervention as of right; temporary restraining order; preliminary injunction)
February 2015 (service of process; diversity jurisdiction; impleader)
July 2015 (personal jurisdiction; federal-question jurisdiction; supplemental jurisdiction)
July 2016 (personal jurisdiction, subject-matter jurisdiction, venue)

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

UPDATE: NOT TESTED

Constitutional Law was last tested in 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). We were surprised to see that Constitutional Law appeared on most of the exams in 2020. Because Constitutional Law has recently been tested frequently on the UBE and has not been tested since October 2020, it is ripe for testing on the February 2023 UBE.

Constitutional Law is generally tested by itself on the essay portion of the UBE. However, Constitutional Law was recently 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:

February 2015 (Equal Protection Clause)
July 2012 (Congress’s commerce power; sovereign immunity)
February 2016 (Dormant Commerce Clause)
July 2017 (Eleventh Amendment)
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

UPDATE: NOT TESTED

Contracts was most recently tested in July 2022. Contracts is sometimes tested on two consecutive UBE administrations and then omitted from the essay portion of the following exam. Contracts was tested in both February 2022 and July 2022. Contracts is usually tested on its own and not in combination with another subject.

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

Anticipatory repudiation
Firm offer and option contracts
Revocation of acceptance
Substantial performance

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

February 2013 (insecurity; anticipatory repudiation)
July 2014 (modification of common law contract and UCC contract; economic duress defense)
February 2017 (firm offer; option contract; revocation of offer)
July 2019 (expectation damages; consequential damages; duty to mitigate)
February 2020 (substantial performance)

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

UPDATE: NOT TESTED

Criminal Law was last 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).

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

UPDATE: TESTED

Criminal Procedure was most recently tested in July 2021. Criminal Procedure is usually tested by itself but has been combined with Evidence (July 2016, July 2017) and with Criminal Law (July 2009). Although Criminal Procedure is an infrequently tested subject on the UBE, it may be ripe for testing in February 2023, possibly in combination with Evidence.

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

The Fourth Amendment (warrant exceptions)
The Fifth Amendment (Miranda warnings)
The Sixth Amendment (right to counsel, right to jury trial)
Double jeopardy

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

February 2008 (Fourth Amendment (search and seizure in a Terry context); Fifth Amendment Miranda warnings; Fourteenth Amendment (voluntariness of a confession))
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)

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

UPDATE: TESTED

Evidence was last tested in July 2022. In July 2016 and July 2017, Evidence was combined with Criminal Procedure. In February 2020, the Evidence essay question also tested issues from Criminal Law. Although Evidence was recently tested, it may be ripe for testing in February 2023, possibly in combination with Criminal Procedure.

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

Character evidence
Hearsay
Impeachment
Lay witnesses and expert witnesses
Confrontation Clause

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

February 2012 (policy exclusions)
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)
February 2020 (nonhearsay (opposing party’s statement); hearsay (then-existing mental, emotional, or physical condition); relevancy; character evidence; MIMIC evidence; impeachment by conviction and bias)
July 2020 (hearsay; doctor-patient privilege; authentication; best evidence rule)

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

UPDATE: TESTED

Real Property was most recently tested in July 2022. In recent years, Real Property has been tested on consecutive exams (February 2018 and July 2018; February 2020, July 2020, and September 2020). However, Real Property was not tested in July 2021 after being tested in February 2021. 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:

Adverse possession
Implied warranty of fitness and habitability for new homes sold by a builder-seller
Recording acts (common law versus a recording act)
Warranty deeds
Easement creation and termination
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)
July 2013 (implied warranty in new properties sold by a builder; warranty deed; taking a home “subject to” the mortgage versus assuming the mortgage)
February 2015 (adverse possession; warranty deed)
February 2017 (landlord-tenant issues)
July 2018 (zoning ordinance and nonconforming use; future advance mortgage)

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

UPDATE: NOT TESTED

Torts was most recently tested in July 2021. 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, or in February 2021. 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. Torts is ripe for testing on the February 2023 UBE.

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

UPDATE: NOT TESTED

Agency

Agency was most recently tested in July 2022 in combination with 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. Even though Agency was recently tested, it is ripe for testing on the February 2023 UBE, possibly in combination with Partnership and likely with an emphasis on Partnership.

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 most recently tested in February 2021 in combination with Agency. However, because most of the essay focused on Agency issues, Partnership is ripe for testing on the February 2023 UBE. October 2020 was the last time Partnership was the primary focus of an essay on the UBE. It is possible to see an essay question testing Partnership alone or a question testing Partnership in combination with Agency in February 2023.

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

UPDATE: NOT TESTED

Conflict of Laws was lasted tested in July 2021 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 has never been 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 a 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

UPDATE: NOT TESTED

Corporations & LLCs was most recently tested in July 2022 in combination with Agency. Note that LLCs were last tested in September 2020 in combination with Agency. Corporations & LLCs has been tested on the last three UBEs (July 2021, February 2022, July 2022). 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:

De facto incorporation and corporation by estoppel
Limited liability companies (LLCs)
Piercing the corporate veil
Shareholder’s right to inspect corporate records
Fiduciary duties of directors and members

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 2018 (de facto incorporation; corporation by estoppel; date of corporation’s existence)
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)

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

UPDATE: TESTED

Decedents’ Estates was last tested in July 2022 in combination with Trusts and Future Interests. It was also tested on both the February and July exams in 2021. However, it is more common for the examiners to test Decedents’ Estates on one exam and then Trusts on the following exam. Decedents’ Estates is most frequently tested by itself but is sometimes combined with Trusts (July 2020, July 2022) or Conflict of Laws (July 2019). Although Decedents’ Estates has recently been tested, it may be ripe for testing in February 2023.

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

UPDATE: NOT TESTED

Family Law was most recently tested in July 2021. Since July 2014, Family Law has been tested every two administrations or every other administration. Typically, Family Law is tested by itself but is occasionally combined with Conflict of Laws. Family Law is ripe for testing on the February 2023 UBE. Additionally, Family Law often appears on alternating years as Secured Transactions. Neither Family Law nor Secured Transactions appeared on the July 2022 UBE. Because Family Law was not tested in July 2022, Family Law is ripe for testing in February 2023. However, Family Law and Secured Transactions have been tested in the same administration only once, in July 2020, and Secured Transactions is also ripe for testing in February 2023.

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
Adoption

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

UPDATE: TESTED

Secured Transactions last appeared on the MEE in February 2022. Traditionally, Secured Transactions has generally been tested on every other administration or tested consecutively on two administrations and then not on the following exam. Additionally, Secured Transactions often appears on alternating years as Family Law. Neither Secured Transactions nor Family Law appeared on the July 2022 UBE. Because Secured Transactions was not tested in July 2022, Secured Transactions is ripe for testing in February 2023. However, Family Law and Secured Transactions have been tested in the same administration only once, in July 2020, and Family Law is also ripe for testing in February 2023.

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

UPDATE: NOT TESTED

Trusts was last tested in July 2022 in combination with Decedents’ Estates. Typically, the examiners alternate between testing Decedents’ Estates and Trusts. Trusts is sometimes tested by itself and is sometimes combined with Decedents’ Estates.

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

Amendment of a trust
Class gifts and antilapse statutes
Duties of the trustee (loyalty, diversify, Uniform Principal and Income Act)
Pourover will
Powers of appointments
Termination of a trust under common law and UPC

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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