MBE Prep

Constitutional Law on the MBE tests your ability to apply foundational principles of governmental structure and individual rights. The exam emphasizes the separation of powers between the federal branches, federalism and the limits of federal and state authority, and the protections afforded by the Bill of Rights and the Fourteenth Amendment.

Contracts is typically the highest-weighted MBE subject. The exam tests both common law contract principles and UCC Article 2 (sales of goods). You must quickly identify which body of law applies: if the transaction involves goods, the UCC governs; for services, real estate, and employment, the common law applies. Mixed contracts (goods and services) are governed by the predominant purpose test.

Torts on the MBE covers intentional torts, negligence, strict liability, and products liability. Negligence dominates the exam, typically representing more than half of the Torts questions. Within negligence, duty, breach, causation (both actual and proximate), and damages are all heavily tested. You must be comfortable applying the reasonable person standard and understanding when a heightened or diminished duty applies.

Criminal Law and Procedure on the MBE is split roughly evenly between substantive criminal law and criminal procedure. Substantive criminal law focuses on the elements of crimes (actus reus, mens rea), inchoate offenses (attempt, conspiracy, solicitation), defenses (self-defense, insanity, intoxication, duress), and homicide distinctions. Criminal procedure focuses on Fourth Amendment search and seizure, Fifth Amendment rights (Miranda, double jeopardy, self-incrimination), Sixth Amendment rights (right to counsel, right to jury trial, confrontation clause), and Eighth Amendment protections.

Civil Procedure on the MBE tests the rules governing the mechanics of federal litigation. The exam draws heavily from the Federal Rules of Civil Procedure and key constitutional principles underlying the federal court system. Subject matter jurisdiction (federal question, diversity, supplemental), personal jurisdiction (minimum contacts, specific vs. general), and the Erie doctrine are perennial high-yield topics.

Evidence on the MBE tests the Federal Rules of Evidence (FRE). The exam focuses on relevance (FRE 401-403), character evidence (FRE 404-405), hearsay (FRE 801-807), privileges, and witness examination rules. Hearsay is by far the most tested topic, typically appearing in 8-12 of the 27 questions. You must know the hearsay definition, the exemptions (prior statements, admissions), and the major exceptions under both FRE 803 (availability immaterial) and FRE 804 (declarant unavailable).

Real Property on the MBE covers estates in land, future interests, concurrent ownership, landlord-tenant law, land transactions (contracts, deeds, recording acts), easements, covenants, servitudes, and zoning. The exam tests both traditional common law rules and modern statutory modifications.