ube tested issues, uniform bar exam tested issues, new LSAT scoresUBE Tested Issues Breakdown: Highly Tested Issues on the Uniform Bar Exam

UBE tested issues breakdown: Here, we detail a past issue breakdown for the most recent Multistate Essay Cxam (MEE) questions. (Uniform Bar Exam (UBE) states administer the MEE. That is why, we keep referring to the MEE—it is what you will see on the exam!)

In our UBE past issue breakdown for each year, we tell you not only what subjects were tested, but also, which topics have been recently tested.  We use the National Conference of Bar Examiners’ questions and sample answers to develop this MEE past issue breakdown list.

Note: If you are interested in a detailed overview of the MEE topics that have been tested most frequently, check out our MEE One-Sheets. They are one of our most highly rated products!

UBE Tested Issues Breakdown

February 2019 Uniform Bar Exam Tested Issues

  • Question 1: Torts
    • Negligence
      • Standard of care
      • Proximate cause
      • Res ipsa loquitur
    • Joint and several liability
  • Question 2: Secured Transactions
    • Validity and enforceability of security agreements
    • Perfected/unperfected security interests and rules of priority
    • Rights and remedies on default including the secured party’s right to take possession and dispose of collateral
  • Question 3: Agency and Partnership
    • Formation of general partnerships
    • Powers and liability of partners
    • Dissolution/winding up
  • Question 4: Civil Procedure
    • Diversity jurisdiction
    • Determining citizenship of individuals and corporations
    • Peraonal jurisdiction
  • Question 5: Trusts and Future Interests
    • Discretionary support trust subject to spendthrift clause
    • Powers and duties of trustees—duty of care, duty to act impartially, principal and income allocations
    • The necessaries doctrine
  • Question 6: Criminal Law and Procedure
    • Burglary
    • Larceny
    • Embezzlement
    • Receiving stolen property
    • Required mental state

July 2018 Uniform Bar Exam Tested Issues

  • Question 1: Constitutional Law
    • The federal government cannot “commandeer” states to enforce a federal regulatory scheme
    • Congress may use its spending power on state and local law enforcement activities
  • Question 2: Contracts
    • UCC governs transactions of goods (lawn mowers)
    • Consideration is needed to make a promise to hold open an offer binding under common law but it is not needed under Article 2
    • An offer cannot be accepted once it is revoked
  • Question 3: Real Property
    • An expansion is a nonconforming use under a zoning ordinance if it results in a substantial change of use
    • Recording act when a mechanic’s lien is involved
  • Question 4: Trusts and future interests
    • Breach of duty of loyalty and breach of duty of care
    • the Uniform Principal and Income Act
    • How the trust principal will pass when a remainder interest is involved
  • Question 5: Evidence
    • Relevancy
    • Lay vs. Expert testimony
    • Hearsay and business records exception for records kept in the ordinary course of business
  • Question 6: Corporations & LLCs
    • A corporation comes into being at the time of filing the Articles
    • A promoter is liable for pre-incorporation contracts but if a court applied the “de facto corporation” or “corporation by estoppel” doctrine, the promoter is likely not liable
    • Partners are liable for debts and obligations of partnership

February 2018 Uniform Bar Exam Tested Issues

  • Question 1: Family Law
    • A premarital agreement is binding if entered into voluntarily and with reasonable disclosure of assets
    • Separate property can become marital property but generally inheritance and property acquired before marriage is separate
    • Custody decisions are based on the best interest of the child and one parent’s fault (adultery) will not preclude that parent from exercising parenting rights
  • Question 2: Criminal Law
    • Incompetency to stand trial
    • M’Naghten test for insanity
  • Question 3: Contracts
    • Article 2 versus common law – which law applies (examinees could have argued either way)
    • Parol evidence rule
    • Modifications not precluded by the parol evidence rule
  • Question 4: Real Property 
    • Notice of an encumbrance, such as an easement, will prevent a party from obtaining damages for breach of covenant
    • Notice can be actual or constructive
    • Implied warranty of habitability
  • Question 5: Civil Procedure
    • Rule 11 requires a reasonable pre-filing inquiry into the facts
    • Twenty-one-day safe harbor allows attorney to correct pleading
    • The court may choose not to impose sanctions
    • Sanctions for asserting a legal contention unwarranted by existing law can be imposed on the attorney and not the defendants
  • Question 6: Agency (really Partnership, but classified as Agency by the NCBE) 
    • Withdrawal not wrongful if partnership does not set limits on withdrawal
    • Dissolution does not terminate fiduciary duties
    • A purchase by one party of a partnership opportunity during the winding up phase violates the duty of loyalty

July 2017 Uniform Bar Exam Tested Issues

  • Question 1: Torts
    • Abnormally dangerous activity is subject to strict liability
    • Negligence per se
    • liability for independent contractor–possible to be liable if there is a special danger inherent in the work
  • Question 2: Constitutional Law
    • Eleventh Amendment precludes a private party suing a state in federal court when seeking money damages but a private party may seek injunctive relief only from a state official
    • The Dormant Commerce Clause/burden on interstate commerce
  • Question 3: Secured Transactions
    • A sale of accounts is governed by Article 9,
    • A perfected security interest has priority over an unperfected one,
    • Validity of an assignment of one’s interest
  • Question 4: Decedents’ Estates & Trusts/Future Interests
    • Requirements for a valid will
    • Effect of having an interested witness—at common law the will would have been invalid, but modernly it is valid
    • Incorporation-by-reference doctrine
    • RAP issue
  • Question 5: Evidence & Criminal Law/Procedure
    • Hearsay exclusion
    • Public safety exception to Miranda doctrine
    • Present sense impression
    • Excited utterance
  • Question 6: Civil Procedure/Conflict of Laws
    • Amendment of a motion to dismiss is generally permitted,
    • Service of process not sufficient when served to the home of a parent where the defendant no longer lives,
    • The Klaxon doctrine—a federal court sitting in diversity will apply the choice-of-law rules of the state where it sits

February 2017 Uniform Bar Exam Tested Issues

  • Question 1: Contracts
    • UCC sale of goods
    • Offer and firm offer/option contract
    • Revocation of offer
  • Question 2: Trusts & Future Interests
    • Trustee’s duties to act in accordance with the terms
    • Exercising a special power of appointment
    • Elective share of probate estate for spouse
  • Question 3: Family Law/Conflict of Laws
    • Common law marriage in State A will be recognized by all other states
    • Lottery winnings that are won during the marriage are “marital property”
    • Bigamy and the putative spouse doctrine
    • Visitation rights with non-biological child
  • Question 4: Corporations
    • A “proper purpose” is needed to inspect board minutes
    • Business judgment rule
    • Duty of loyalty
  • Question 5: Agency
    • When an agent binds a principle—to a disclosed, partially disclosed, or undisclosed principal
    • Ratification
  • Question 6: Real Property
    • Duty to mitigate when tenant leaves by rerenting lease,
    • Assignment restraints and validity of such restraints,
    • Surrender

July 2016 Uniform Bar Exam Tested Issues

  • Question 1: Corporations & LLC’s
    • The default rule is that LLC’s are member-managed
    • Actual and apparent authority of an agent
    • Withdrawal of a member results in dissociation but not a dissolving of the LLC
  • Question 2: Evidence/Criminal Law & Procedure
    • Crying not protected by privilege against self-incrimination or Miranda and does not pose a hearsay problem
    • Miranda warnings required in a custodial interrogation and must be honored
    • Past recollection recorded hearsay exception not received as exhibit
    • Party admission
  • Question 3: Torts
    • Negligence and market share liability
    • Defective products
    • Liability of doctor in negligence case
  • Question 4: Secured Transactions/Real Property
    • Security interest in equipment
    • rights upon default
    • Fixtures and requirement of fixture filing
    • Attachment and perfection
  • Question 5: Contracts
    • Assignment
    • Third-party beneficiary
  • Question 6: Civil Procedure
    • Personal service of process give jurisdiction if someone is voluntarily in the state,
    • Federal question jurisdiction,
    • Motion to dismiss for improper venue

February 2016 Uniform Bar Exam Tested Issues

  • Question 1: Secured Transactions
    • Buyer in the ordinary course of business takes free from perfected interest in a consumer good, generally
    • Perfection and attachment
    • Proceeds
  • Question 2: Evidence
    • Present sense impression
    • Excited utterance
    • Sixth Amendment confrontation clause
    • Atatement of identification
    • Character evidence not permitted for conformity purposes
  • Question 3: Agency & Partnership
    • Actual authority
    • Partners in LLPs generally do not incur personal liability
    • Duty of care and loyalty
  • Question 4: Constitutional Law
    • Dormant Commerce Clause—burden on interstate commerce
    • Discriminatory laws
    • The market participant exception
  • Question 5: Decedents’ Estates
    • Agent acting under DPOA can act even if patient’s children object
    • Good faith acts protected
    • Application of state statute to determine child could inherit from will
  • Question 6: Family Law
    • Premarital agreement generally enforced
    • Division of marital property upon divorce—e.g., lottery winnings won during marriage are divided
    • Income that is “active” may be divided
    • Equitable division of property

Note: If you are interested in a detailed overview of the MEE topics that have been tested most frequently, don’t miss out on our MEE one-sheets. They are one of our most highly rated products and we cover years’ worth of highly tested topics in one page (front and back) for each subject!