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July 2019 UBE Predictions

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 July 2019 UBE Predictions — by JD Advising

Are you wondering what subjects might be tested on the July 2019 Uniform Bar Exam (UBE)? We have analyzed which subjects have come up on previous UBE administrations and formulated our own July 2019 UBE predictions. Read further to see our thoughts on which subjects and MPTs are likely to show up on the exam.

Disclaimer: You should NOT solely rely on these July 2019 UBE predictions when you study! (For example, see this post on the accuracy of our February 2019 UBE predictions — some were correct and some were not.) You should study all subjects when preparing for the UBE exam. All subjects have a chance of appearing on the exam.

Note: If you would like an overview of the most highly tested MEE topics as well as an overview of the topics that are most ripe for testing, sign up for our Multistate Essay Exam seminar! Our seminar covered over 90% of the topics tested on the July 2017 bar exam. We also covered many of the topics tested in July 2018 (though we did not cover 90%!). 

July 2019 UBE Predictions — by JD Advising 

1. Civil Procedure

The Examiners favorite essay subject is Civil Procedure. When Civil Procedure has been tested, it is usually tested consistently for at least several administrations. It was just tested on the February 2019 exam and is a strong contender for the July 2019 exam. Note: Since Civil Procedure has been added to the MBE portion of the test, we think it will be tested less frequently on the essay portion of the exam in upcoming administrations. However, because the Examiners have only omitted Civil Procedure on the essays three times since July 2011, it is too soon to predict how often it will be omitted.

2. Criminal Procedure (possibly combined with Evidence)

Criminal Procedure was last tested in July 2017 so we think it may appear on the July 2019 UBE. Take a close look at past essay questions that have tested the Fourth Amendment warrant exceptions, Miranda and the Sixth Amendment right to counsel. On recent tests, the Examiners have favored Criminal Procedure/Evidence crossovers and we think that trend may continue. Evidence was last tested in July 2018 and the Examiners typically include an Evidence question every other administration or two. If you see a crossover question be on the lookout for hearsay, nonhearsay and Confrontation Clause issues.

3. Constitutional Law 

Constitutional Law has typically been tested every other exam since February 2012. Since Constitutional Law was last tested in July 2018 we think it possible that it may be tested in July 2019. The Constitutional Law questions typically focus upon more nuanced issues (e.g., dormant commerce clause, sovereign immunity, defamation, whether Congress may commandeer the states and public and private forums for speech) so we suggest taking a close look at Constitutional Law essay questions and the corresponding Examiners’ Analyses to get a feel for how such issues may come up on the July 2019 UBE.

4. Contracts

Generally, the Examiners prefer to alternate between Contracts and Torts on the exam. Because Torts was tested on the February 2019 Exam, it is likely that Contracts will come up on the July 2019 exam. In the past, some of the Contracts fact patterns had very open-ended questions (e.g., Will P prevail in its suit for damages?). For such questions it is a good idea to go chronologically, paragraph by paragraph, to see what issues are present.

5. Corporations and LLCs 

Corporations is a frequently tested subject on the UBE. It was last tested in July 2018 so we think it could be coming up. Take the time to review the rules regarding LLCs as the Examiners have tested this entity several times on past exams (e.g., July 2013 and July 2016). Note: On the February 2019 exam some students report that LLCs constituted part of the essay question while other students said the fact pattern touched upon LLPs. When the Examiners release the exam questions for the February 2019 exam we will review them and update our predictions as needed.

6. Decedents’ Estates (Wills)

For the most part, the Examiners take turns testing Decedents’ Estates and Trusts. But on the last two exams, the Examiners have tested Trusts each time! Decedents’ Estates hasn’t been tested since July 2017! This makes it more likely that Decedents’ Estates will appear on the July 2019 UBE.

Wild Card: Secured Transactions

In choosing our wild card subject we were deciding between Real Property and Secured Transactions. Secured Transactions just appeared in February 2019, but we wouldn’t be surprised if it came around again this July. The Examiners usually like to alternate between testing Secured Transactions and Real Property. However, Secured Transactions appears more often over the course of the past few years. Therefore, we ultimately chose Secured Transactions for our wild card subject. One frequently tested issue is whether the security interest survives upon the sale of the collateral, so take some time to review buyers in the ordinary course, buyers not in the ordinary course and consumer-to-consumer transactions. Note: Nevertheless, we strongly recommend that students carefully review the Real Property essays too!

Note: We want to emphasize that you should not rely on these predictions! You should still study all of the subjects and focus on the most highly tested topics within each subject. We are simply letting you know our July 2019 UBE predictions.

Note: If you would like an overview of the most highly tested MEE topics as well as an overview of the topics that are most ripe for testing, sign up for our Multistate Essay Exam seminar! Our seminar covered over 90% of the topics tested on the July 2017 bar exam. We also covered many of the topics tested in July 2018 (though we did not cover 90%!). 

 

July 2019 MPT Predictions

On the July 2019 UBE you will also have to complete two performance tests. If you are wondering what tasks you might be asked to complete on the MPT this July, here are our thoughts.

1. Objective Memorandum

Our first MPT prediction is an objective memorandum. Since July 2005, the objective memo has appeared on almost every exam! This makes the objective memo the most frequently tested task. For the February 2019 administration, students needed to produce an objective memo and a persuasive brief. But it is not uncommon to see one of the tasks from the previous exam appear on the following one. The persuasive brief has been tested on each exam since July 2017. Until now, however, the persuasive brief has not been tested on five consecutive exams. This is why we ultimately chose the objective memo for our first prediction. If you are unsure about how to format this task, take a look at our blog post on how to format an objective memo.

2. A Letter 

The second of our MPT predictions is a letter. Objective memos and persuasive briefs are the most common tasks, but the next most common tasks are opinion letters and demand letters. If you are asked to complete a memo or a brief for one of the tasks, the other task will most likely be an opinion letter or a demand letter.  Generally, opinion letters are written to clients and provide them an objective overview of the possible courses of action available to them and the pros and cons associated with each one. If you are curious how to format an opinion letter, check out our post on how to draft an opinion letter here. Demand letters typically ask the recipient of the letter to take a particular action (e.g., to settle a claim). Therefore, demand letters require the author to use a persuasive tone. If you are looking for tips for this task, take a look at our post on how to format a demand letter.

Note: We want to emphasize that you should not rely on these predictions! You should take the time to review all of the commonly tested tasks on the MPT in addition to a few uncommon tasks.

Note: If you would like an overview of the most highly tested MEE topics as well as an overview of the topics that are most ripe for testing, sign up for our Multistate Essay Exam seminar! Our seminar covered over 90% of the topics tested on the July 2017 bar exam. We also covered many of the topics tested in July 2018 (though we did not cover 90%!).