Recap: JD Advising’s July 2018 MEE One-Sheets
In this post, we discuss the accuracy of JD Advising’s July 2018 MEE one-sheets with respect to the issues that appeared on the Uniform Bar Exam. On the whole, we are pleased to report the MEE One-Sheets contained a great number of the topics on the July 2018 Uniform Bar Exam!
Recap: JD Advising’s July 2018 MEE One-Sheets
Here, we discuss which of the subjects tested on the July 2018 multistate essay exam (MEE) were also covered by the JD Advising MEE one-sheets. We update our one-sheets every administration to ensure that we give students the best chance of reviewing the law that is likely to appear on the MEE.
Our July 2018 MEE One-Sheets included the two issues that appeared to have formed the entirety of the Constitutional Law essay question. First, our One-Sheets explained that Congress can regulate the channels and instrumentalities of interstate commerce, as well as anything that has a “substantial effect” on interstate commerce. Second, our One-Sheets noted that Congress cannot “commandeer” the states and force states to enforce federal laws. While the National Conference of Bar Examiners (NCBE) (the organization that writes the MEE) has not yet released examiners analyses to the MEE questions, it appears as though our MEE one-sheets covered all of the topics tested in this question.
The Contracts question asked about contract formation. Specifically, the NCBE tested whether UCC or common law governs the contract, offer, acceptance, option contracts under common law, revocation of an offer, and counteroffers. The MEE One-Sheets provided guidance on many of these issues, such as how to determine whether the UCC or common law controls, offers, counteroffers, and acceptance.
The Corporations question, in part, tested general incorporation principles, such as filing articles of incorporation and promoter liability. The One-Sheets included information regarding each of these issues. Some students reported that the exam question also focused upon de jure versus de facto incorporation (though again, we are awaiting the examiners analyses before we say for sure!). Since these issues do not appear often, the July 2018 MEE One-Sheets did not include these.
The Evidence question tested hearsay, including statements for the purpose of medical diagnosis/treatment and the business records exception; logical relevancy; character evidence; and habit evidence. The July 2018 MEE One-Sheets discussed all of the issues tested on this exam question!
Real Property (perhaps a crossover question with Secured Transactions)
While we predicted that Real Property would be tested, our One-Sheets did not discuss zoning (grandfather clauses, conforming versus nonconforming use) because it had never been tested on the essays until the July 2018 exam. In addition, the essay question expected students to know how to determine priority between lenders. We included information about this in our July 2018 MEE One-Sheets under Real Property. However, we are unsure if this appeartd purely in a Real Property context or as a crossover with Secured Transactions. The One-Sheets also discuss priority in the Secured Transactions portion. If Real Property was tested in conjunction with Secured Transactions, this would be the first time such a crossover combination has truly come up on the essays. We are waiting for the NCBE to release the questions and Examiners Analyses to confirm the exact issues that appeared on this question.
The Trusts exam question largely focused on the duties of the trustee. We reviewed this topic in detail in the One-Sheets, including the duty of loyalty, duty of care, the duty to diversify and the duty to invest prudently.
On the whole, students who purchased the July 2018 MEE One-Sheets were at a significant advantage going into the UBE. Specifically, the July 2018 MEE One-Sheets contained virtually all the rules for the Constitutional Law and Evidence questions. In addition, the One-Sheets reviewed at least half of the issues in the Trusts question and Contracts question. Furthermore, the One-Sheets covered almost one-third of the issues in the Corporations question. With the exception of the Real Property question, which covered issues that in large part have never appeared (or rarely so), the National Conference of Bar Examiners continued with the trend of focusing on more highly tested issues. We hope that our review of the accuracy of JD Advising’s MEE One-Sheets with respect to the July 2018 Uniform Bar Exam was informative!
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