What Exactly Is Tested On The MBE?
Studying for the bar exam requires a huge investment in time. There’s seemingly endless material you could be tested on but it’s important to understand exactly what is tested on the MBE to better guide your studying. Focusing on learning subjects that are tested on both the MBE and the essays will make your studying more efficient.
In this post, we breakdown what exactly is tested on the MBE.
What Exactly Is Tested On The MBE?
Below we have bolded the highly tested areas of law on the MBE. The list below is based on the National Conference of Bar Examiners’ subject matter outline.
Torts: 25 Questions
The topic of negligence accounts for half of the torts questions you are likely to see on the MBE! As a result, it’s exceptionally important that you know all the negligence rule statements cold. Doing this will prepare you for, what will likely be, a large percentage of the torts questions tested.
- Negligence – 12-13 questions
- Strict Liability and Products Liability – 3-5 questions
- Intentional Torts – 3-5 questions
- Other Torts – 3-5 questions
Evidence: 25 Questions
Expect to see a similar amount of relevancy, admissibility of hearsay, as well as presentation of evidence questions on the MBE. Therefore, it’s important to focus on all three of these subjects equally.
- Relevancy and Reasons for Excluding Relevant Evidence – 8-9 questions
- Hearsay and Circumstances of its Admissibility – 6-7 questions
- Presentation of Evidence – 6-7 questions
- Privileges and Other Policy Exclusions – approx. 2 questions
- Writings, Recordings, and Photographs – approx. 2 questions
Real Property: 25 Questions
You are going to see an even mix of questions regarding the five topics below. There is no one topic that is more heavily tested, below, than the others so it’s good to spend your time reviewing everything.
- Real Estate Contracts – approx. 5 questions
- Mortgages/Security Devices – approx. 5 questions
- Ownership of Property – approx. 5 questions
- Rights in Land – approx. 5 questions
- Title to Property – approx. 5 questions
Contracts and Sales: 25 Questions
Formation of contracts and performance, breach, and discharge will likely account for half of the Contracts MBE questions. Also, be sure to note that only a quarter of the questions will be on UCC Article 2 and Article 1.
- Formation of Contracts – 6-7 questions
- Performance, Breach, and Discharge – 6-7 questions
- Defenses to Contract Enforceability – 3-4 questions
- Parol Evidence and Interpretation – 3-4 questions
- Contract Remedies – 3-4 questions
- Third-Party Rights – 3-4 questions
(About 6-7 of the questions will be on UCC Article 2 and revised Article 1)
Civil Procedure: 25 Questions
Jurisdiction and venue, pretrial procedures, and motions are tested the most. There are lot of topics tested for civil procedure that all require your attention but give additional time to those areas.
- Jurisdiction and Venue – 5-6 questions
- Pretrial Procedures – 5-6 questions
- Motions – 5-6 questions
- Law Applied by Federal Courts – 2-3 questions
- Jury Trials – 2-3 questions
- Verdicts and Judgments 2-3 questions
- Appealability and Review – 2-3 questions
Criminal Law and Criminal Procedure: 25 Questions
Constitutional protection of accused persons (Criminal Procedure) accounts for half of the Criminal Law and Procedure questions you are likely to see. With such a focus on this area of law, be sure to spend a proportionate amount of time learning the ins and outs.
- Constitutional Protections of Accused Persons (Criminal Procedure) – 12-13 questions
- Homicide – 3-4 questions
- Other Crimes – 3-4 questions
- Inchoate Crimes, Parties – 3-4 questions
- General Principles of Criminal Law – 3-4 questions
Constitutional Law: 25 Questions
Spend a good deal of time memorizing rule statements regarding the topic of individual rights. Again, individual rights account for many more of the constitutional law questions tested than any of the other subject matters. Spend a significant amount of time on individual rights to best prepare for what you’re likely to see on the exam.
- Individual Rights – 12-13 questions
- The Nature of Judicial Review – 3-5 questions
- Separation of Powers – 3-5 questions
- The Relation of Nation and States (Federalism) – 3-5 questions
Check out our Free MBE Guide: How to Pass the MBE for more tips and tricks!
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