July 2018 Uniform Bar Exam Recap

A Recap of the July 2018 Uniform Bar Exam (MEE and MPT)

In this post we give you a quick recap of the July 2018 Uniform Bar Exam, including what was tested on the July 2018 Multistate Essay Exam (MEE) and the July 2018 Multistate Performance Test (MPT).

We are generally quite happy that we predicted two-thirds of the subjects on the July 2018 Uniform Bar Exam. We also told students to focus on Evidence in our discussion of our wild card subject (Real Property) though we did not think that was coming up!

July 2018 Uniform Bar Exam Recap

July 2018 Multistate Essay Exam (MEE):

On the whole, the issues tested on the essays were slightly more challenging those on the February 2018 exam, which is very much in line with what we suspected. The Examiners certainly favored the MBE subjects on the essays this time around, continuing the trend from February 2018.

The following MBE subjects were tested on the MEE:

• Constitutional Law: whether Congress can commandeer the states, whether Congress can enact legislation under the Commerce Clause when it substantially affects interstate commerce
• Contracts: whether UCC or common law governs the contract, contract formation, option contracts under common law, revocation of an offer, counteroffer
• Evidence: hearsay (specifically, statement for the purpose of medical diagnosis/treatment, business records exception), relevancy, character evidence, habit evidence
• Real Property (perhaps with Secured Transactions): zoning (grandfather clauses, conforming versus nonconforming use), priority regarding a lender who provides a future advance loan and someone that has a mechanic’s lien (Note: Some examinees have stated that a construction mortgage was tested, in which case this would be a Real Property/Secured Transactions question. We do not have enough information to determine if this is accurate as the questions have not been released.)

The following MEE subjects were tested:

• Corporations: articles of incorporation, promoter liability, liability when someone attempts to incorporate in bad faith versus good faith
• Trusts: duties of the trustee (loyalty, care), anti-lapse statute

Many of the topics that were tested were covered by our Multistate Essay Exam seminar and MEE one-sheets. We will be updating posts over the next week to note exactly which issues were covered in our UBE Course, our MEE Seminar and the MEE one-sheets.

If you are feeling nervous or unsure about what you wrote for any of the essays you are not alone! Many students found the Real Property question to be tricky given that this is the first time that zoning was tested on the essays. Furthermore, numerous examinees reported feeling uncertain about their answers to the Trusts question and the Constitutional Law question. There is no way to change what you wrote today, so please try to leave today’s performance behind you, get a good night’s rest, and start the MBE portion of the exam with a clear mind tomorrow. You still have an opportunity to excel!

Civil Procedure was not tested on the exam. It looks as if the Examiners are shifting their focus from always testing Civil Procedure on the essays now that Civil Procedure is tested on the MBEs. We were suspecting this could happen, and this exam seems to provide evidence for this new trend. But don’t feel bad if you spent a lot of time studying Civil Procedure, as it will definitely comprise twenty-five of the scored MBEs tomorrow!

We were surprised to see that Torts was not tested on this exam, but again you will see twenty-five scored Torts MBEs tomorrow so the rules you have memorized will certainly come in handy!

July 2018 Multistate Performance Test (MPT):

The MPTs were a persuasive brief and an uncommon task.  We suspected the NCBE would test at least one of the traditional tasks this round. And indeed, we were right—we predicted that exam takers would be expected to write a persuasive brief. Examinees were asked to write about the Brady Rule. (For the second MPT we did suspect a letter would be tested but the NCBE asked exam takers to complete an uncommon task – drafting articles of association!). A number of examinees found that it took them longer than ninety minutes to complete the persuasive brief. And many examinees found the uncommon task to be especially tricky so you are not alone!

This was a challenging exam! Try not to get too hung up on what you wrote today. How you feel about your performance does not indicate whether you passed. Do your best to get a good night’s sleep so that you can put your best foot forward tomorrow on the MBE. Remember to carefully read the call of the question and make sure your answer lines up with the facts presented in the questions. We hope you found our recap of the July 2018 Uniform Bar Exam helpful. Good luck on the MBE!

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