You may be wondering what the highly tested areas of law on the MBE (Multistate Bar Exam) are. It is worth it to be aware of the highly tested areas of law on the MBE because these are the most worth your time to know well! (This is especially the case if you are reading this about 30 days before the bar exam!)
If you have a half-day to review Torts, for example, it is much better to spend your time on negligence than, say, privacy torts or defamation. Because negligence will compose half of the 25 torts questions! It is also highly-tested on most essay exams. You’ll note that with Real Property, the issues are somewhat equally tested. There are approximately five questions on each area of Real Property. This is good news for students who hate, say, present and future interests (as they will likely be just a couple MBE questions!).
(One caveat is that sometimes areas are not highly tested on the MBE but are highly tested on the essays. So this might not be all you have to know to pass the bar exam.)
Highly Tested Areas of Law on the MBE
Torts (25 questions)
- 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)
- 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)
- 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 – 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 – 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 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)
- 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
This chart and these percentages are based on the National Conference of Bar Examiners’ subject matter outlines which you can find here.
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