Topic 3: MBE Frequency Chart: Highly Tested MBE Topics

Here, we discuss the highly tested MBE topics. Before we do so, it is important to note that the MBE subjects are all tested equally. The MBE covers seven subjects:

1. Civil Procedure
2. Constitutional Law
3. Contracts & Sales
4. Criminal Law & Procedure
5. Evidence
6. Real Property
7. Torts

Each subject is apportioned 25 questions, for a total of 175 total scored questions. (There also are an additional 25 test questions, which can be pulled from any subject.)

Highly Tested MBE Topics

While the MBE subjects are tested equally, the MBE topics within each subject are not tested equally. We have listed the MBE subjects in order and ranked the topics from most- to least-tested. You can see which subtopics fall within these topics by downloading the NCBE subject matter outline here.

Why Should I Pay Attention to the Highly Tested MBE Topics?

When you study for the bar exam, your goal is to study efficiently! One of the best ways to study efficiently for the bar exam is by focusing on the highly tested MBE topics. We cover this below in great depth in the subject-matter specific areas of our guide. But a few highlights are as follows:

• Civil Procedure: Personal jurisdiction, subject-matter jurisdiction, venue, pretrial procedures, and motions are tested the most. You should focus on these topics when you study. See more in the Civil Procedure portion of our MBE Guide here.
• Constitutional Law: The topic of individual rights makes up half of the tested Constitutional Law MBE questions. See more in the Constitutional Law portion of our MBE Guide here.
• Contracts and Sales: Contract formation, performance, breach, and contract discharge are highly tested topics and make up 50% of the scored Contracts MBE questions. Notice that 25% of the MBE questions cover UCC Articles 1 and 2. See more in the Contracts and Sales portion of our MBE Guide here.
• Criminal Law and Procedure: Constitutional protection of accused persons (Criminal Procedure) makes up 50% of the scored Criminal Law and Procedure MBE questions. Homicide makes up 12.5% of the Criminal Law questions—a relatively brief topic that is worth a lot of points! See more in the Criminal Law and Procedure portion of our MBE Guide here.
• Evidence: Relevancy of evidence, hearsay, and presentation of evidence are highly tested and should compose the bulk of your studying for Evidence on the MBE. See more in the Evidence portion of our MBE Guide here.
• Real Property: This subject is evenly divided in terms of how it is tested. So, do not overly focus on one topic (like the rule against perpetuities or present and future interests, for example) in your MBE preparation, since you are unlikely to see multiple scored questions on any given topic. Instead, you will see an even spread of Real Property questions. See more in the Real Property portion of our MBE Guide here.
• Torts: Negligence is by far the most important Torts MBE topic, as it makes up half of the scored questions on the Torts section of the MBE. See more in the Torts portion of our MBE Guide here.

If your goal is to study smart for the MBE, it is well worth it to focus on the topics that are worth the most points!

Go to the next topic, Topic 4: Boost Your MBE Score Using This Powerful Method

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