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

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What Exactly Is Tested On The MBE?