JD Advising’s July 2021 MEE Predictions

JD Advising’s July 2021 MEE Predictions

Are you starting to prepare for the July 2021 Uniform Bar Exam? Are you curious as to what subjects might appear on the July 2021 MEE? We have taken a close look at the trends on the MEE  and created our July 2021 MEE predictions. Below is a survey of the essay subjects we think are worth extra attention.

Note: This post ended up turning into a 10-page July 2021 UBE study guide. If you would like to receive a PDF version of it, please download it here! The entire text of the MEE portion is below, if you prefer not to download it! We hope you find it helpful!

 

Update: please see a recap of the February 2021 MEE here!

JD Advising’s July 2021 MEE Predictions

Disclaimer: You should NOT solely rely on these July 2021 MEE predictions when you study! You should review all subjects when preparing for the UBE 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! Please review our free MEE guide for the highly tested topics and be careful not to ignore any subject! Now, onto our July 2021 MEE predictions.

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 September 2020.

Agency & Partnership UPDATE: NOT TESTED

Agency

Agency was recently tested in February 2021 and it was combined with Partnership. It is common for it to be tested by itself, combined with Partnership, or combined with Torts.

To get some practice with Agency essays, we recommend taking a look 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)

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 recently tested in February 2021 and it was combined with Agency. However, because the majority of the essay focused on agency law, Partnership is ripe for testing. It is possible to see a pure Partnership question or an Agency/Partnership crossover.

• July 2009 (General partnership liability; procedure of collection for creditors of the partnership)
• February 2014 (A new partner is not liable for obligations that pre-dated 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.

Civil Procedure UPDATE: TESTED

Civil Procedure was most recently tested in February 2021. While Civil Procedure used to be tested on nearly every exam, it only appeared on one exam in 2020, which was quite surprising. It does have the potential to be tested in 2021, despite the fact that it has not been as popular lately!

We recommend taking a look at the following MEEs for Civil Procedure:

• 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)
• 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)

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.

Conflict of Laws UPDATE: TESTED

Conflict of Laws was lasted tested in July 2019 and it was combined with Wills (Decedents’ Estates). This subject is never tested by itself. Rather, it is typically combined with Civil Procedure, Decedents’ Estates, or Family Law.

We recommend taking a look at the following MEEs for Conflict of Laws:

• February 2008—Combined with Family Law (enforceability of premarital agreements)
• 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)

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.

Constitutional Law UPDATE: NOT TESTED

Except for the February 2020 exam, Constitutional Law was tested during each administration in 2020. Due to the COVID-19 pandemic, five bar exams 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 the majority of the exams. As this subject has become more popular on the essays and was not tested in February 2021, we think it is ripe for testing on the July 2021 bar exam.

Constitutional Law is generally tested by itself on the essays. However, it was recently combined with Civil Procedure in July 2019 and Corporations in July 2020. So, do not be surprised if you do encounter a Constitutional Law essay that also tests an issue from another subject.

Constitutional Law essays typically focus upon nuanced topics, including but not limited to the dormant commerce clause, sovereign immunity, whether Congress may “commandeer” the states, and the various speech tests under the First Amendment to the United States Constitution.

We recommend taking a look at the following MEEs for Constitutional Law:

• July 2010 (First Amendment—public forum, designated public forum, nonpublic forum)
• July 2011 (Equal Protection Clause; state action)
• July 2012 (Commerce power; sovereign immunity)
• February 2016 (Dormant Commerce Clause)
• July 2018 (Commandeering states)

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 February 2021. It is generally tested on two consecutive administrations and then omitted from the essay portion of the following exam. It could definitely be coming up.

We recommend taking a look at the following MEEs for Contracts:

• February 2011 (Offer and counteroffer; expectation damages; punitive damages)
• 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)

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.

Corporations & LLCs UPDATE: TESTED

Corporations & LLCs was most recently tested on the first September 2020 exam. This essay question, however, was combined with Agency and focused predominantly on LLC and agency rules. In fact, the July 2020 exam is the most recent administration that heavily featured Corporations issues (and it was also combined with Constitutional Law). The July 2020 question tested a shareholder’s right to inspect records, as well as shareholder resolutions and board approval thereof. Thus, we would not be surprised if it appeared on the July 2021 exam.

It is likely that the Examiners may test other issues on the upcoming exam than what appeared on the July 2020 exam. Some commonly tested issues include duty of care, duty of loyalty, the business judgment rule, direct versus derivative actions, piercing the veil, rules concerning directors’ meetings, and LLCs.

We recommend taking a look at the following MEEs for Corporations and LLCs:

• February 2012 (Directors’ meetings)
• July 2012 (LLCs; direct versus derivative actions; piercing the LLC veil)
• July 2014 (Shareholder amendment of bylaws; direct versus derivative actions)
• 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)

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.

Criminal Law & Procedure UPDATE: BOTH TESTED

Criminal Law

Criminal Law was last tested in September 2020. Criminal Law used to be tested less frequently, but since February 2018, it has appeared on almost every other exam.  Criminal Law is generally tested by itself, but once in a while, it is combined with Evidence (February 2020) or Criminal Procedure (July 2009). To get some practice with Criminal Law essays, we recommend taking a look at the following MEEs:

• July 2009 (Attempted robbery; abandonment)
• July 2012 (Involuntary manslaughter; legal cause of death; accomplice liability)
• February 2018 (Not guilty by reason of insanity defense; incompetency to stand trial)
• February 2019 (Larceny; embezzlement; burglary; receipt of stolen property)

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 has not been tested since July 2019, which makes this subject incredibly ripe for testing. It is most commonly tested by itself, but recently it has been combined with Evidence (July 2016, July 2017). Criminal Procedure is rarely tested together with Criminal Law (July 2009).

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

• February 2008 (Fourth Amendment—search and seizure in a Terry context; Fifth Amendment Miranda warnings; Fourteenth Amendment – voluntariness of confession)
• July 2011 (Fourth Amendment—search and seizure; warrant exceptions; Fifth Amendment Miranda warnings)
• February 2014 (Double jeopardy; Sixth Amendment right to jury trial)
• July 2014 (Sixth Amendment right to counsel; Fifth Amendment Miranda warnings)

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 (possibly combined with Criminal Law & Procedure) UPDATE: NOT TESTED

Evidence was last tested on the latter of the September bar exams in 2020. Exam takers may see a pure Evidence question. However, Evidence could also be tested in a crossover essay with Criminal Law & Procedure. In July 2016 and July 2017, the Evidence essay question also tested issues from Criminal Procedure. In February 2020, the Evidence essay question also tested issues from Criminal Law.

If there is a crossover with Criminal Law, pay close attention to any crimes or defenses to crimes that may need to be addressed.

If there is a crossover with Criminal Procedure, pay close attention to a suspect’s Miranda rights (most frequently tested!) and a defendant’s Sixth Amendment right to counsel.

We recommend taking a look at the following MEEs for Evidence:

• 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)
• 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.

Family Law UPDATE: TESTED

Family Law was last tested on the latter of the of the September bar exams in 2020 (note: the same Family question was repeated on the modified bar exam in October). Sometimes the Examiners have gone several administrations without testing Family Law, while other times Family Law has been tested on every other exam. It did not appear on the February 2021 exam, so we would not be surprised if it appeared on the July 2021 exam. Typically, Family Law is tested by itself, but occasionally it is combined with Conflict of Laws.

Family Law essays 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).

We recommend taking a look at the following MEEs for Family Law:

• 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 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; best interest of the child factors)

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.

Real Property UPDATE: NOT TESTED

Real Property was most recently tested in February 2021. However, the Examiners tend to repeat one or two subjects from the previous administration. Further, in more recent years, Real Property has been tested on consecutive exams. As such, we would not be surprised if Real Property appeared on the July 2021 UBE. Real Property essays tend to be more open-ended in nature and more nuanced.

We recommend taking a look at the following MEEs for Real Property:

• February 2010 (Recording acts; shelter rule; warranty deed)
• February 2013 (Constructive eviction; surrender; duty to mitigate)
• July 2013 (Implied warranty in properties sold by a builder; warranty deed; taking a home “subject to” the mortgage versus assuming the mortgage)
• February 2015 (Adverse possession; warranty deed)
• 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.

Secured Transactions UPDATE: NOT TESTED

Secured Transactions last appeared on the MEE in February 2021. Traditionally, Secured Transactions has generally been tested on every other administration, or it has been tested consecutively on two administrations and then commonly does not appear on the following exam.

We recommend taking a look at the following MEEs for Secured Transactions:

• 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 and 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)

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.

Torts UPDATE: TESTED

Torts was last tested in February 2019. As it did not appear on any of the five bar exams in 2020 or in February 2021, Torts is ripe for testing and we would not be surprised to see it on the July 2021 exam. Torts is generally tested by itself, but occasionally, it is combined with Agency. Some of the common issues tested in Torts include negligence; negligence per se; strict products liability; vicarious liability; and battery.

We recommend taking a look at the following MEEs for Torts:

• February 2008 (Strict products liability; res ipsa loquitor)
• 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 vs. contributory 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.

Trusts UPDATE: NOT TESTED

Typically, the Examiners alternate between testing Decedents’ Estates (Wills) and Trusts. Usually, Trusts is tested by itself, but sometimes, it is combined with Wills. Trusts was most recently tested on the latter exam in September 2020.

To familiarize yourself with some of the commonly tested issues in Trusts, we recommend taking a look 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 and Principal Act)
• February 2019 (Discretionary support trust subject to spendthrift clause; duty of loyalty)

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.

Wills (Decedents’ Estates) UPDATE: TESTED

Wills was most recently tested in February 2021.  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.

To familiarize yourself with some of the commonly tested issues, we recommend taking a look at the following MEEs:

• July 2009 (Undue influence; fraud; general power of appointment; parentelic vs. consanguinity method for intestacy)
• 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 Wills topics.

That brings the MEE portion of our July 2021 UBE predictions to an end. As a reminder, please review all of the highly tested topics for each subject for FREE in our free MEE guide here! (We also have an additional MEE guide on how to study for the MEE here!)

If you have money to invest, we highly recommend our MEE one-sheets and our MEE seminar. These are two of our best-selling products and are perfectly paired with our July 2021 UBE predictions.

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