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July 2023 Bar Exam Predictions

Are you preparing for the Bar Exam ? With the July 2023 Uniform Bar Exam just around the corner, candidates are starting to feel curious as to what subjects might appear this year on the Multistate Essay Examination. Below are our July Bar Exam Predictions.

Please note that it is always challenging to accurately predict the specific subjects that will be tested on the bar exam and it is essential not to overlook or skip any topic while studying for the bar. These are  observations  and  recommendations  to review . These are not formal “predictions” of what will be tested. Please review our Bar Exam Materials  for the highly tested topics and be careful not to ignore any subject! *

The Uniform Bar Exam is composed of the Multistate bar exam (MBE); the Multistate Performance Test (MPTs), which do not cover a specific area of law–rather, they test lawyerly skills; and also an essay portion, the Multistate Essay Exam (MEE). Below are the tested subjects on the MEE portion of the Uniform Bar Exam. Note: the Uniform Bar Exam tests the same subjects that the Multistate Essay Exam (MEE) tests.

MEE’s Analysis

For the essay portion, you will have six questions to answer in three hours (so 30 minutes/question).

1. Subjects Appearing on Past Subjects MEE (1995-2023)

The  National Conference of Bar Examiners  lists the following subjects as potential areas of law:

• Business Associations (Agency and Partnership; Corporations and Limited Liability Companies),
• Civil Procedure,
• Conflict of Laws,
• Constitutional Law,
• Criminal Law and Procedure,
• Family Law,
• Real Property,
• Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and
• Uniform Commercial Code (Secured Transactions).

As you can see from the chart above, the single most highly tested subject on the essay portion of the Uniform Bar Exam is Civil Procedure. The least tested is usually Conflict of Law.

2. July 2023 MEE Predictions

The highly tested subjects on the Uniform Bar Exam are the following:

• Civil Procedure (18 full essays plus 1 combined with another subject)
• Agency and Partnership (12 full essays plus 4 combined with another subject)
• Contracts (15 full essays)
• Secured Transactions (12 full essays)
• Real Property (12 full essays)
• Corporations and LLCs (10 full essays plus 4 combined with another subject)
• Evidence (9 full essays plus 3 combined with another subject)
• Trusts and Future Interests (9 full essays plus 3 combined with another subject)
• Decedents’ Estates (Wills) (8 full essays plus 4 combined with another subject)
• Constitutional Law (8 full essays plus 2 combined with another subject)
• Torts (7 full essays plus 3 combined with another subject)

The least tested subjects on the Uniform Bar Exam are the following (in order from most to the least):

• Family Law (9 full essays)
• Criminal Procedure (5 full essays plus 2 combined with another subject)
• Criminal Law (6 full essays plus 1 combined with another subject)
• Conflict of Laws (This is usually combined with Decedents’ Estates, Family Law, Civil Procedure, or Corporations/LLCs. It is not tested on its own.) (0 full essays, 6 essays combined with another subject)

Based on this, it is reasonable to believe that the following will be tested . Cautious: some students rely too much on predictions, so please remember that all subjects are fair game for the exam . The following list is just for fun: we might be right.. but we might be wrong too!

(1) Civil Procedure

Civil Procedure was most recently tested in February 2023. Although Civil Procedure has been tested on nearly every exam in the past, it only appeared on one of the five exams given in 2020. Due to the COVID-19 pandemic, five bar exams were administered in 2020 (February 2020, July 2020, two exams in September 2020, and a modified version of the exam in October 2020). Although Civil Procedure has not been tested as frequently as it was in the past, Civil Procedure is ripe for testing on the July 2023 UBE.

(2) Real Property

The most recent examination that included Real Property as a tested subject was in February 2023. In recent years, Real Property has followed a pattern of being tested on consecutive exams. Real Property questions often present more open-ended scenarios, requiring nuanced answers compared to some other subjects. Given these factors, Real Property is highly likely to be tested on the July 2023 UBE.

There are several Real Property issues that are particularly relevant and could be tested:

• Adverse possession: Exploring the requirements and legal implications when someone gains ownership of property through adverse possession.
• Implied warranty of fitness and habitability for new homes sold by a builder-seller: Understanding the responsibilities and liabilities of builder-sellers regarding the implied warranty of fitness and habitability for newly constructed homes.
• Recording acts (common law versus a recording act): Examining the differences and consequences of common law versus statutory recording acts in property transactions.
• Warranty deeds: Familiarizing oneself with the features and implications of warranty deeds in conveying real property.

By studying these Real Property issues, you will be well-prepared to tackle potential questions on the upcoming bar exam.

(3) Partnership

In the February 2021 bar exam, Partnership was tested alongside Agency, with the majority of the essay focusing on Agency issues. As a result, Partnership is highly likely to be tested on the upcoming July 2023 UBE. The last time Partnership was the primary focus of an essay was in October 2020, indicating the potential for a pure Partnership question or a combination of Agency and Partnership in the upcoming exam.

Several Partnership issues are particularly relevant and could be tested:

• Limited liability of a new partner for obligations that existed prior to their admission into the partnership.
• Dissolution of a partnership, exploring the various circumstances and legal implications surrounding partnership dissolution.
• Liability considerations when a general partnership undergoes a transformation into a Limited Liability Partnership (LLP) or a Limited Partnership (LP).
• Withdrawal from a partnership, examining the rights and obligations of partners when one partner decides to withdraw.

Studying these Partnership issues will help ensure readiness for the bar exam and a solid understanding of the subject matter.

(4) Family Law

The most recent administration that included Family Law as a tested subject was in July 2021. Since July 2012, Family Law has been consistently tested every two administrations or every other administration. While Family Law is typically tested as a standalone topic, there have been instances where it has been combined with Conflict of Laws. Considering this pattern, Family Law is highly likely to be tested on the upcoming July 2022 UBE.

In Family Law essay questions, a wide range of issues may be covered, including child custody, spousal support, premarital agreements, property division, the validity of common law marriage, the Uniform Interstate Family Support Act (UIFSA), and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is worth noting that examiners have consistently focused on UIFSA, UCCJEA, and other jurisdictional issues in recent exams. Therefore, it is crucial to have a strong understanding of these areas while preparing for the exam.

(5) Conflict of Laws

Conflict of Laws was last tested in July 2021, where it was combined with Corporations & LLCs—a unique combination never before seen on the Multistate Essay Examination (MEE). Conflict of Laws has never been tested as a standalone subject, commonly appearing in conjunction with Civil Procedure, Decedents’ Estates, or Family Law. It is crucial to thoroughly review Conflict of Laws, along with all potential MEE subjects, in preparation for the upcoming bar exam.

There are several Conflict of Laws issues that are particularly likely to be tested:

• When combined with Civil Procedure, topics such as the Klaxon rule and determining which state’s law applies in the case of a change of venue may be explored.
• When combined with Family Law, areas like common law marriage and the recognition of marriage validity between states may be assessed.

(6) Secured Transactions 

The most recent occurrence of Secured Transactions on the MEE was in February 2022. Traditionally, Secured Transactions has followed a pattern of being tested every other administration or consecutively on two administrations and then not appearing on the subsequent exam. Therefore, it is crucial to thoroughly review this subject, along with all potential MEE subjects, in preparation for the upcoming bar exam.

There are several Secured Transactions issues that are particularly relevant and likely to be tested:

• Account debtors: This involves the rights and obligations of parties involved in transactions with account debtors.
• Buyer not in the ordinary course of business: Understanding the implications and legal considerations when a buyer is not conducting transactions in the ordinary course of business.
• Consumer-to-consumer transactions: Exploring the specific regulations and rules applicable to transactions between consumers.
• Default and foreclosure via self-help: Examining the procedures and legal requirements for default and foreclosure processes carried out by a creditor without court involvement.
• Priority (first to file or perfect; perfected security interest takes priority over an unperfected security interest): Understanding the rules regarding priority in secured transactions, including the importance of filing or perfecting security interests.

* The International Lawyer makes NO WARRANTIES or GUARANTEES as to what subject areas and/or legal rules the National Conference of Bar Examiners or any other bar examiners will test on the upcoming UBE/MEE or any future examinations. Please review our Bar Exam Materials  for the highly tested topics and be careful not to ignore any subject!

Keywords: July Bar Exam Predictions

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JD Advising’s February 2024 UBE Predictions

Note :  All the suggested essays noted below can be found for free using the links below. We use links to essays from the following sites: the National Conference of Bar Examiners, the Minnesota State Board of Law Examiners, the New Jersey Board of Bar Examiners, the Maryland Courts, and the New York State Board of Law Examiners.

Disclaimer: You should NOT rely solely on these February 2024 Uniform Bar Exam predictions when you study! You should review all subjects when preparing for the Uniform Bar Exam. All subjects are fair game for the exam. This is just our educated guess on what will appear on the exam, which we do for fun! Sometimes we are right. Sometimes we are not! Please review our FREE Highly Tested MEE Topics Guide for the highly tested topics and be careful not to ignore any subject! Now, onto our February 2024 Uniform Bar Exam predictions.

Essays and MPTs without links should be available in your commercial course, or they are available for purchase in our organized  MPT Books or MEE Books !

If you would like a PDF version of this post, please input your information below!

You can find our predictions for MEE and MPT subjects by downloading our PDF. You can do so by filling out the form.  Note: you will get our predictions as well as this UBE study guide.

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Civil Procedure

Civil Procedure was most recently tested in July 2023 . Civil Procedure has been tested frequently in the past and has appeared on six of the last seven UBEs. Although Civil Procedure has been tested recently, the frequency with which this subject is tested means that it may be ripe for testing on the February 2024 UBE.

Some Civil Procedure issues that are ripe for testing include the following:

• Personal jurisdiction
• Subject-matter jurisdiction
• Service of process
• Claim preclusion (res judicata) and issue preclusion (collateral estoppel)

To get some practice with Civil Procedure essays, we recommend looking at the following MEEs:

• July 2012 (summary judgment; leave to amend)
• July 2013  (diversity jurisdiction; how to determine an individual’s domicile; how to determine venue for a corporation)
• February 2014 (discovery)
• February 2015 (service of process; diversity jurisdiction; impleader)
• July 2015 (personal jurisdiction; federal-question jurisdiction; supplemental jurisdiction)
• July 2016 (personal jurisdiction; subject-matter jurisdiction; venue)
• February 2019 (diversity jurisdiction; personal jurisdiction)
• February 2021 (joinder of plaintiffs; claim preclusion; issue preclusion; Erie doctrine)

Note:   Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Civil Procedure topics.

Constitutional Law

Constitutional Law was last tested in October 2020 . During 2020, Constitutional Law appeared on four of the five UBEs. Due to the COVID-19 pandemic, five UBEs were administered in 2020 (February 2020, July 2020, two exams in September 2020, and a modified version of the exam in October 2020). We were surprised to see that Constitutional Law appeared on most of the exams in 2020. Because Constitutional Law has recently been tested frequently on the UBE and has not been tested since October 2020, it is ripe for testing on the February 2024 UBE.

Constitutional Law is generally tested by itself on the essay portion of the UBE. However, Constitutional Law was recently combined with Civil Procedure in July 2019 and with Corporations in July 2020 . So, it is possible to encounter a Constitutional Law essay that also tests an issue from another subject.

Constitutional Law essays often focus upon nuanced topics including, but not limited to, the Dormant Commerce Clause, sovereign immunity, regulatory takings, whether Congress may “commandeer” the states, and the various free speech tests under the First Amendment to the United States Constitution.

Some Constitutional Law issues that are ripe for testing include the following:

• Congress’s commerce power
• The Dormant Commerce Clause
• The Eleventh Amendment (sovereign immunity)
• The Equal Protection Clause
• The First Amendment freedom of speech

To get some practice with Constitutional Law essays, we recommend looking at the following MEEs:

• July 2012 (Congress’s commerce power; commandeering states; Eleventh Amendment)
• February 2015 (Equal Protection Clause)
• February 2016 (Congress’s commerce power; Dormant Commerce Clause)
• July 2017 (Eleventh Amendment; Congress’s commerce power; Dormant Commerce Clause)
• July 2018 (commandeering states)
• October 2020 (First Amendment freedom of speech)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Constitutional Law topics.

Contracts was most recently tested in July 2022 . Contracts is sometimes tested on two consecutive UBE administrations and then omitted from the essay portion of the following exam. Contracts was tested in both February 2022 and July 2022. Contracts is usually tested on its own and not in combination with another subject. Because Contracts is a frequently tested subject on the UBE and was not tested in February 2023 or July 2023 , it is a subject that is ripe for testing on the February 2024 UBE.

Some Contracts issues that are ripe for testing include the following:

• Contract formation
• Anticipatory repudiation
• Firm offer and option contracts
• Revocation of acceptance
• Substantial performance

To get some practice with Contracts essays, we recommend looking at the following MEEs:

• February 2013 (Article 2; adequate assurances; anticipatory repudiation)
• July 2014 (modification of contract under common law and Article 2; economic duress defense)
• February 2017 (Article 2; firm offer; option contract; revocation of offer)
• July 2019 (expectation damages; consequential damages; duty to mitigate)
• February 2020 (Article 2 vs. common law [predominant purpose test]; substantial performance; damages)
• February 2022 (contract formation under Article 2; Statute of Frauds, merchants’ confirmatory memo; course of dealing; damages)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Contracts topics.

Criminal Law

Criminal Law was last tested in February 2022 . Criminal Law was tested infrequently before February 2018 but from February 2018 to September 2020, it appeared on every other exam. Criminal Law is generally tested by itself but once in a while is combined with Evidence ( February 2020 ) or Criminal Procedure ( July 2009 ). Criminal Law is ripe for testing on the February 2024 UBE.

Some Criminal Law issues that are ripe for testing include the following:

• Accomplice liability
• Homicide (involuntary manslaughter; second-degree murder)
• Insanity as a defense
• Attempt and defenses to attempt
• Receiving stolen goods

To get some practice with Criminal Law essays, we recommend looking at the following MEEs:

• July 2009 (attempt and defenses to attempt)
• July 2012 (involuntary manslaughter; legal cause of death; accomplice liability)
• February 2018 (insanity as a defense; incompetency to stand trial)
• February 2019 (larceny; embezzlement; burglary; receipt of stolen property)
• September 2020 (homicide: first-degree murder; voluntary manslaughter; defense of others)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Criminal Law topics.

Criminal Procedure

Criminal Procedure was most recently tested in July 2023 . Criminal Procedure is usually tested by itself but has been combined with Evidence ( July 2016 ,  July 2017 ) and with Criminal Law ( July 2009 ).

Some Criminal Procedure issues that are ripe for testing include the following:

• The Fourth Amendment (search warrant requirement, warrant exceptions)
• The Fifth Amendment ( Miranda warnings)
• The Sixth Amendment (right to counsel, right to jury trial)
• Double jeopardy

To get some practice with some Criminal Procedure essays, we recommend looking at the following MEEs:

• February 2014 (Double jeopardy; Sixth Amendment right to jury trial)
• July 2014 (Sixth Amendment right to counsel; Fifth Amendment  Miranda  warnings)
• July 2019 (Fifth Amendment Miranda warnings)
• July 2021 (Fourth Amendment warrant exceptions)
• February 2023 (Proper execution of a search warrant; knock-and-announce rule; Terry search scope)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Criminal Procedure topics.

Evidence was last tested in February 2023 . Evidence is usually tested by itself. However, in  July 2016 and  July 2017 , Evidence was tested in combination with Criminal Procedure. In February 2020 , the Evidence essay question also tested issues from Criminal Law.

Some Evidence issues that are ripe for testing include the following:

• Character evidence
• Impeachment
• Lay witnesses and expert witnesses
• Confrontation Clause

To get some practice with Evidence essays, we recommend looking at the following MEEs:

• July 2014 (impeachment based on prior convictions and prior bad acts)
• February 2016 (hearsay; Confrontation Clause; character evidence)
• July 2018 (hearsay; lay witnesses; expert witnesses; doctor-patient privilege; habit evidence; relevancy)
• February 2020 (nonhearsay [opposing party’s statement]; hearsay [then-existing mental, emotional, or physical condition]; relevancy; character evidence; MIMIC evidence; impeachment by conviction and bias)
• July 2020 (hearsay; doctor-patient privilege; authentication; best-evidence rule)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Evidence topics.

Real Property

Real Property was most recently tested in February 2023 . In recent years, Real Property has been tested on consecutive exams (February 2018 and July 2018; February 2020, July 2020, and September 2020). However, Real Property was not tested in July 2021 after being tested in February 2021. Real Property questions tend to be more open-ended in nature, and the answers more nuanced than those in some other subjects.

Some Real Property issues that are ripe for testing include the following:

• Implied warranty of fitness and habitability for new homes sold by a builder-seller
• Recording acts (common law versus a recording act)
• Warranty deeds
• Easement creation and termination
• Landlord-tenant issues

To get some practice with Real Property essays, we recommend looking at the following MEEs:

• February 2010 (recording acts; shelter rule; warranty deed)
• February 2013 (constructive eviction; surrender; duty to mitigate)
• July 2013 (implied warranty in new properties sold by a builder; warranty deed; taking a home “subject to” the mortgage versus assuming the mortgage)
• February 2015 (adverse possession; warranty deed)
• February 2017 (landlord-tenant issues)
• July 2018 (zoning ordinance and nonconforming use; future advance mortgage)

Note:   Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Real Property topics.

Torts was most recently tested in July 2023 . Torts has appeared less frequently on the essay portion of the UBE recently. For example, Torts did not appear in July 2019, on any of the exams in 2020, or in February 2021. Torts is generally tested by itself but is occasionally combined with Agency. Some of the common issues tested in Torts include negligence; negligence per se; strict products liability; vicarious liability; and battery.

Some Torts issues that are ripe for testing include the following:

• Negligence per se
• Strict products liability
• Vicarious liability of employer and indemnification
• Comparative negligence

To get some practice with Torts essays, we recommend looking at the following MEEs:

• February 2008(strict products liability; res ipsa loquitur)
• February 2011 (battery; strict products liability; eggshell-skull rule; vicarious liability)
• February 2012 (false imprisonment; negligent infliction of emotional distress; vicarious liability)
• February 2015 (negligence per se; vicarious liability and indemnification)
• July 2015 (negligence [premises liability]; attractive nuisance; comparative versus contributory negligence)
• February 2019 (negligence)

Note:   Your review should NOT be limited solely to the essays listed above. Please review our  free MEE Guide  for the highly tested Torts topics.

Agency & Partnership

Agency was most recently tested in July 2023 in combination with Partnership and Corporations & LLCs. It is common for Agency to be tested by itself, combined with Partnership, or combined with Torts. The examiners often alternate between testing Corporations & LLCs and Agency & Partnership. Even though Agency was recently tested, it is ripe for testing on the February 2024 UBE.

Some Agency issues that are ripe for testing include the following:

• Actual authority; apparent authority; ratification
• Employee versus independent contractor
• Respondeat superior; vicarious liability
• Undisclosed principal
• Fiduciary duties of agents

To get some practice with Agency essays, we recommend looking at the following MEEs:

• February 2015 (respondeat superior)
• February 2017 (ratification; liability of agent if principal is undisclosed or partially disclosed)
• February 2020 (actual authority; apparent authority; liability of agent if principal is disclosed; vicarious liability)
• February 2021 (combined with Partnership: employee versus independent contractor, respondeat superior; vicarious liability: “masters” liable for torts of servants in course of employment; principal not liable for independent contractor’s negligence)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Agency topics.

Partnership

Partnership was most recently tested in July 2023 in combination with Agency and Corporations & LLCs. However, because only a third of the essay focused on Partnership  issues, Partnership is ripe for testing on the February 2024 UBE. October 2020 was the last time Partnership was the primary focus of an essay on the UBE. It is possible to see an essay question testing Partnership alone or a question testing Partnership in combination with Agency or Corporations & LLCs in February 2024.

Some Partnership issues that are ripe for testing include the following:

• Definition and formation of a partnership
• Fiduciary duties of partners
• New partner not liable for obligations that predated her admission into the partnership
• Withdrawal and dissolution of a partnership
• Liability when a general partnership transforms into an LLP or an LP

To get some practice with Partnership essays, we recommend looking at the following MEEs:

• July 2009 (general partnership liability; procedure for collection for creditors of the partnership)
• February 2014 (a new partner is not liable for obligations that predated her admission into the partnership; liability when a general partnership transforms into a limited liability partnership)
• February 2018 (dissolution; fiduciary duties of care and loyalty; withdrawal from partnership)
• February 2019 (formation of a general partnership; general partnership powers; partners are agents and comanagers of the partnership; dissolution)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Partnership topics.

Conflict of Laws

Conflict of Laws was lasted tested in July 2021  in combination with Corporations & LLCs. This was the first time Conflict of Laws had been tested in combination with Corporations & LLCs on the UBE. Conflict of Laws has never been tested by itself. Conflict of Laws is typically combined with Civil Procedure, Decedents’ Estates, or Family Law.

Some Conflict of Laws issues that are ripe for testing include the following:

• Combined with Civil Procedure : Klaxon rule; which state law applies if there is a change of venue
• Combined with Family Law : common law marriage; validity of marriage in one state when recognized in another state
• Combined with Family Law : enforceability of premarital agreements
• Combined with Decedents’ Estates : validity and enforceability of wills

To get some practice with Conflict of Laws essays, we recommend looking at the following MEEs:

• February 2012 : combined with Civil Procedure (which state law applies when there is a change of venue;  Klaxon  rule)
• February 2017 : combined with Family Law (common law marriage; validity of marriage in one state when recognized in another state)
• July 2019 : combined with Decedents’ Estates (validity of a will; which state law applies)
• July 2021 : combined with Corporations & LLCs (duties of directors are determined by the state of incorporation, not by the state where the corporation operates or the state where the suit is brought)

Note:   Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Conflict of Laws topics.

Corporations & LLCs

Corporations & LLCs was most recently tested in July 2023 in combination with Agency and Partnership in the context of LLCs. Prior to that, LLCs were tested in September 2020 in combination with Agency. Corporations & LLCs has been tested on the last three UBEs ( July 2021 , February 2022 , July 2022 ). Some commonly tested Corporations & LLCs issues include duty of care, duty of loyalty, the business-judgment rule, direct versus derivative shareholder actions, piercing the corporate veil, rules concerning directors’ meetings, and LLCs. Because Corporations & LCCs is frequently tested on the UBE, it is ripe for testing in February 2024.

Some Corporations & LLCs issues that are ripe for testing include the following :

• De facto incorporation and corporation by estoppel
• Limited liability companies (LLCs)
• Piercing the corporate veil
• Shareholder’s right to inspect corporate records
• Fiduciary duties of directors and members

To get some practice with Corporations & LLCs essays, we recommend looking at the following MEEs:

• July 2012 (LLCs; direct versus derivative actions; piercing the LLC veil)
• July 2014 (shareholders amendment of bylaws; direct versus derivative actions)
• February 2017 (shareholder’s right to inspect corporate records; duty of care; dismissal of a derivative action)
• July 2018 (de facto incorporation; corporation by estoppel; date of corporation’s existence)
• July 2019 (fiduciary duties of controlling shareholders; dividends; duty of care; duty of loyalty and defenses thereto)
• July 2021 (fundamental change [merger]; dissenting shareholder’s rights)
• July 2023 (LLC manager as an agent; piercing the corporate veil)

Note:   Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Corporations & LLCs topics.

Decedents’ Estates

Decedents’ Estates was recently tested in February 2023 . Decedents’ Estates was also tested in July 2022 in combination with Trusts and Future Interests. Additionally, It was tested on both the February and July exams in 2021. However, it is more common for the examiners to test Decedents’ Estates on one exam and then Trusts on the following exam. Decedents’ Estates is most frequently tested by itself but is sometimes combined with Trusts ( July 2020 , July 2022 ) or Conflict of Laws (July 2019 ). Decedents’ Estates is ripe for testing in February 2024.

Some Decedents’ Estates issues that are ripe for testing include the following:

• Ademption by extinction
• Holographic wills
• Issues pertaining to children (adopted child, pretermitted child, child born out of wedlock)
• Antilapse statutes
• Incorporation by reference

To get some practice with Decedents’ Estates essays, we recommend looking at the following MEEs:

• July 2009 (undue influence; fraud; general power of appointment; parentelic versus consanguinity method for intestacy)
• February 2011 (abatement)
• February 2012 (ademption by extinction)
• July 2012 (adopted children; children born out of wedlock)
• February 2016 (slayer statute: durable power of attorney)
• July 2019 (holographic will; mistake/ambiguity; antilapse statute; pretermitted child)
• September 2020 (valid execution of a will; holographic will; codicil; incorporation by reference; dependent relative revocation; mental capacity; mistake/ambiguity)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Decedents’ Estates topics.

Family Law was most recently tested in July 2021 . Since July 2014 and until February 2023, Family Law has been tested every two administrations or every other administration. Typically, Family Law is tested by itself but is occasionally combined with Conflict of Laws. Family Law is ripe for testing on the February 2024 UBE. Additionally, Family Law often appears on alternating years as Secured Transactions. Secured Transactions appeared on the February 2023 UBE. Because Family Law was not tested since July 2021, Family Law is ripe for testing in February 2024.

Family Law essay questions generally draw from a variety of issues including, but not limited to, child custody, spousal support, premarital agreements, property division, the validity of a common law marriage, the Uniform Interstate Family Support Act (UIFSA), and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Lately, the examiners have consistently tested UIFSA, UCCJEA, and other jurisdictional issues, so it is a good idea to be familiar with these concepts.

Some Family Law issues that are ripe for testing include the following:

• Common law marriage
• Spousal and child support
• Divorce settlement agreements
• Premarital agreements and property division
• Child custody

To get some practice with Family Law essays, we recommend looking at the following MEEs:

• February 2011 (divorce settlement agreement; child support modification; whether a divorce property division award may be modified)
• July 2011 (common law marriage; validity of common law marriage in another state; adoption; UCCJEA)
• February 2016 (premarital agreements; property division upon divorce)
• February 2017 (common law marriage; validity of common law marriage in another state; property division; bigamy; visitation rights of a party who is not a parent)
• July 2020 (whether a state may grant a divorce even if there is no personal jurisdiction over other spouse; whether a state may grant custody even if there is no personal jurisdiction over other respondent parent; whether a state may grant property if there is no personal jurisdiction over the respondent; fault-based divorce; factors for determining the best interests of the child)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Family Law topics.

Secured Transactions

Secured Transactions recently appeared on the MEE in July 2023 . Secured Transactions has generally been tested on every other administration or tested consecutively on two administrations and then not on the following exam. Additionally, Secured Transactions often appears on alternating administrations with Family Law. Family Law and Secured Transactions have been tested in the same administration only once, in July 2020 .

Some Secured Transactions issues that are ripe for testing include the following:

• Account debtors
• Sale of collateral to a third party
• Default and foreclosure via self-help
• Attachment and perfection
• Priority (first to file or perfect; perfected security interest takes priority over an unperfected security interest)

To get some practice with Secured Transactions essays, we recommend looking at the following MEEs:

• February 2008 (name on financing statement cannot be seriously misleading; deposit accounts; rights of judicial lien creditor versus a secured creditor)
• February 2016 (buyer in the ordinary course of business does not take subject to a security interest; consumer-to-consumer transaction; perfection as to proceeds
• July 2016 (fixture filing; perfection as to proceeds; default; foreclosure using self-help)
• July 2017 (attachment of a security interest; account debtor; priority [first to file or perfect])
• February 2019 (perfection and rules of priority [possession]; default; judicial lien creditor rights versus a secured creditor)
• February 2021 (attachment of a security interest; description of collateral; perfection by filing a financing statement; priority of a perfected secured party versus judgment lien creditors)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Secured Transactions topics.

Trusts and Future Interests

Trusts was last tested in July 2023 . Typically, the examiners alternate between testing Decedents’ Estates and Trusts. Decedents’ Estates was tested in February 2023 . Trusts is sometimes tested by itself and is sometimes combined with Decedents’ Estates.

Some Trusts issues that are ripe for testing include the following:

• Requirements for a valid trust
• Class gifts and antilapse statutes
• Duties of the trustee (loyalty, diversify, Uniform Principal and Income Act)
• Pourover will
• Spendthrift trusts
• Powers of appointments

To get some practice with Trusts essays, we recommend looking at the following MEEs:

• July 2011 (equitable deviation; cy pres )
• July 2012 (class gifts; termination of a trust under common law and the UPC)
• February 2017 (amendment of a trust; special powers of appointment; elective share)
• July 2018 (duties of the trustee [loyalty, diversify, Uniform Principal and Income Act])
• February 2019 (discretionary support trust subject to spendthrift clause; duty of loyalty)
• October 2020 (definite beneficiaries required for a valid trust; powers of appointment)

Note:  Your review should NOT be limited solely to the essays listed above! Please review our  free MEE Guide  for the highly tested Trusts topics.

JD Advising’s February 2024 MPT Predictions

1. objective memorandum.

The objective memorandum has appeared on 31 out of the 37 MPT exams since July 2006, or on 84% of the exams. The objective memorandum is the most highly tested MPT task. The objective memorandum was most recently tested in February 2023 . However, it is incredibly common for objective memoranda to appear on consecutive administrations. The objective memorandum is ripe for testing on the February 2024 MPT.

If you are unfamiliar with how to format an objective memorandum, take a look at our post  on how to format an objective memorandum on the MPT . It is a good idea to know how to format an objective memorandum because usually formatting instructions are not provided on the exam.

To get some practice with objective memorandum tasks, we suggest that you complete a few tasks under timed conditions to determine your strengths and weaknesses. We recommend taking a look at the following objective memorandum MPTs, most of which are available for free on the  NCBE Study Aids website :

• July 2014 :  In re Kay Struckman
• February 2015 : In re Harrison
• July 2016 : In re Whirley
• February 2017 : In re Ace Chemical
• July 2017 : In re Zimmer Farm
• February 2023 : In re Hill

2. Persuasive Brief

After the objective memorandum, the persuasive brief is the next most frequently tested MPT task, appearing on the MPT 49% of the time since July 2006 and on 18 out of 37 MPT exams. The persuasive brief was most recently tested in July 2023. Lately, the persuasive brief has been tested every other administration. However, in the past, the persuasive brief was tested on about four consecutive exams and then omitted on the following few exams. The persuasive brief may be ripe for testing on the February 2024 MPT.

If you are unfamiliar with how to format a persuasive brief, take a look at our post on how to format a persuasive brief on the MPT . It is good to know how to format a persuasive brief because formatting instructions are often not provided on the exam. Do not assume that the formatting instructions for all persuasive briefs (or any task!) are the same. Please read the formatting memo, if one is provided, very carefully. Formatting memos are always found immediately after the task memo in the MPT’s File.

To get some practice with persuasive briefs, we suggest you complete a few tasks under timed conditions to determine your strengths and weaknesses. We recommend taking a look at the following MPTs, all of which are available for free on the  NCBE Study Aids website :

• July 2012 : Ashton v. Indigo Construction Co.
• February 2013 : In re Guardianship of Will Fox
• February 2014 : In re Rowan
• July 2016 : Nash v. Franklin Department of Revenue
• July 2017 :   Peek et al. v. Doris Stern and Allied Behavioral Health Services
• February 2018 : State of Franklin v. Clegane

3. Wildcard Task

After the persuasive brief, the wildcard task is the next most frequently tested MPT task, appearing on the MPT 35% of the time since July 2006 and on 13 out of 37 MPT exams. The wildcard task was most recently tested in October 2020 .

If you are unfamiliar with how to format a wildcard task, take a look at our post on how to format a wildcard task on the MPT. Please read the formatting memo, if one is provided, very carefully if you encounter a wildcard task. Formatting memos are always found immediately after the task memo in the MPT’s File.

To get some practice with wildcard tasks, we suggest you complete a few tasks under timed conditions to determine your strengths and weaknesses. We recommend taking a look at the following MPTs:

• July 2011 : In re Social Networking Inquiry
• July 2012 : State of Franklin v. Soper
• July 2018 : Rugby Owners & Players Association
• February 2020 : In re Eli Doran

4. Opinion Letter

After the wildcard task, the opinion letter is the next most frequently tested MPT task, appearing on the MPT 19% of the time since July 2006 and on 7 out of 37 MPT exams. The opinion letter was most recently tested in July 2023.

If you are unfamiliar with how to format an opinion letter, take a look at our post on how to format an opinion letter on the MPT . Do not assume that the formatting instructions for all opinion letters (or any task!) are the same. Please read the formatting memo, if one is provided, very carefully. Formatting memos are always found immediately after the task memo in the MPT’s File.

To get some practice with opinion letters, we suggest you complete a few tasks under timed conditions to determine your strengths and weaknesses. We recommend taking a look at the following MPTs, all of which are available for free on the Maryland Courts’ website and the  NCBE Study Aids website :

• February 2013 : In re Wendy Martel
• July 2015 : In re Bryan Carr
• July 2015 : In re Franklin Acres
• July 2021: In re Canyon Gate Property Owners Association

5. Demand Letter

After the opinion letter, the demand letter is the next most frequently tested MPT task, appearing on the MPT 14% of the time since July 2006 and on 5 out of 37 MPT exams. The demand letter was last tested in February 2016 .

If you are unfamiliar with how to format a demand letter, take a look at our post on how to format a demand letter on the MPT . Do not assume that the formatting instructions for all demand letters (or any task!) are the same. Please read the formatting memo, if one is provided, very carefully. Formatting memos are always found immediately after the task memo in the MPT’s File.

To get some practice with demand letters, we suggest you complete a few tasks under timed conditions to determine your strengths and weaknesses. We recommend taking a look at the following MPTs, all of which are available for free on the  NCBE Study Aids website :

• July 2014 : In re Linda Duram
• February 2015 : In re Community General Hospital
• February 2016 : Miller v. Trapp

Note:   You should take the time to review all of the commonly tested tasks on the MPT (objective memorandum, persuasive brief, demand letter, and opinion letter) in addition to a few wildcard tasks. It is also worthwhile to review our  free MPT One-Sheet (pictured below), our recently revamped MPT Guide , and our  MPT Mastery Class if you need extra guidance.

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Make This Your Last Time

Bar Exam Preparation

Predictions for the Bar Exam (What to Focus On for Efficient Study)

Before every exam, a handful of people come out of the woodwork and shamelessly ask about subject predictions for the bar exam.

“Does anyone know the essay predictions?” “What do you think will be tested?” “I don’t think ____ will appear on the exam.” “Anyone think ____ will be tested?” “I know we’re not supposed to listen to predictions, but…” “What are ____’s predictions?” “Here are my MEE predictions!”

Whose speculations are you going to listen to?

If you’re like many bar takers, or if you’re a repeater, you say: “Haha of course I’m not going to rely on the predictions. I shall adequately study all the subjects. You should too!”

And then you panic and look at the predictions anyway.

Did you want me to tell you, “Aww poor baby, don’t worry. It’s normal and happens to the best of us 🥺”?

You SHOULD worry if you’re secretly tempted to rely on predictions… because this kind of thinking is entirely predictable and avoidable. Sweating about predictions is not a good place to be and requires intervention.

Also, remember when subjects actually leaked for the California exam in 2019 and people got mad over it? Do you want to know the subjects ahead of time or not? Make up your minds!

Maybe you’re too young to remember ancient history. I’ve been dealing with you people for too long.

Here’s why you should look toward essay/MEE predictions for entertainment value and morbid curiosity only (and 3 things you can focus on instead):

ENOUGH! This is just making me mad now.

You already “know” you shouldn’t rely on predictions. You already “know” this isn’t the right way that will help you pass the bar exam. But like a toxic relationship, some people will keep trying to force it to work anyway as you watch in horror.

I’m not saying you can’t take an extra look at the predicted subjects or review them more closely when you’re short on time. Honestly, I’d be doing this too in your position.

All I’m saying is that I’ve never heard of anyone being glad that they gambled on predictions (or worse, paid hundreds of dollars to people who prey on the desperation of bar exam takers).

Sometimes they’re mostly spot on. Sometimes they are way off the mark.

How will you know which it will be this time?

Bottom line, you can’t rely solely on predictions. Hope is not a strategy.

Stop playing defense hiding behind predictions and huffing hopium. Play OFFENSE from a position of strength and confidence.

There are other better ways to strategize your approach if all you want is to take control of your bar prep.  I can give you these three ideas on what you might try focusing on instead for a better experience.

These are useful hints to make your studies more informed and predictable.

1. The Tripod Approach for studying for the bar exam

I initially proposed this with California takers in mind, but you can apply this to your particular exam based on your score split across essays, PT, and MBE, as well as any other known/predictable factors.

The Tripod Approach (in this example for the California bar) suggests focusing on these three areas that make up the bulk (70%+) of your score:

• Professional Responsibility essay (practically guaranteed to appear)—focus on identifying issues over deep analysis since the call of the question is usually broad. For example, “What ethical violations, if any, has L committed? Discuss under ABA and CA rules.”
• Performance test (~14% of overall score and often neglected despite having a higher concentration of points per time allotted than an essay)
• MBE (50% of overall score and accounts for 3-4 of the subjects tested across the 5 essays )

By stabilizing a few key areas that you  know  will be tested, you can coast a bit on the rest of the exam while letting everyone else cry about predictions.

More details in this article about this approach and how to prepare for each of the three “legs” of the tripod.

• Focusing on the MBE (50%) and the MPTs (10% x 2)?
• Making sure you understand tough MEE subjects that tend to appear like Secured Transactions?
• Selecting an easier and more portable jurisdiction to take the exam in?

2. Identify YOUR strengths and weaknesses over others’ bar exam predictions

Personally, I’d focus more on my weak subjects than subjects that are “likely to appear” in the next exam. Gambling on predicted subjects or only your strong suits makes you a glass cannon.

Don’t risk your bar license and another 6 months of your life based on hope. Hope is not a strategy.

It’s not putting in the time itself that makes you better. Improvement comes from constant feedback and learning every time you try to solve a difficult problem.

So stop ignoring or simply “reading up” on the subjects you don’t like. Techniques that are just shown to you are useless if you don’t get up and try them yourself. Lean into the discomfort so you don’t become a glass cannon.

3. Pay extra attention to MBE subjects (including highly tested MBE topics)

Preparing for the MBE is not only easy to jump into since you’re at least familiar with the subject matter from law school—but the MBE also tests important subjects that also appear in essays.

Moreover, MBE subjects do double duty. If you’re taking the California Bar Exam, at least 3-4 of the 5 essays will touch upon MBE subjects. In other jurisdictions too, MBE subjects will absolutely be tested on some of the essays.

So if you wanted to prioritize your attention in a Hail Mary or do some last-minute review, MBE subjects are where your effort would go (many of which may coincide with the predictions of your choosing).

Of course, make time in your study schedule to hit non-MBE subjects. I said to focus more—not only—on MBE subjects.

There are highly tested areas within the MBE itself you can further focus on, too. Again, don’t only study solely these areas. This is just to guide your prioritization.

If you want to supplement your MBE prep, you have some excellent options:

Emanuel’s Strategies & Tactics for the MBE (8th edition) is a great start. It has a short guide for each subject as well as excellent explanations for NCBE-licensed questions selected to cover a wide range of testable issues.

If you want something more robust and more analytical, you have two main choices: AdaptiBar and UWorld MBE QBank .

Free trials are available for both, so you can try them out yourself. I review AdaptiBar here and UWorld here . Here’s a comparison of both .

• How Doreen Passed One of the HARDEST California Bar Exams (33.9% Pass Rate)

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Marino Bar Review

Marino Bar Review’s February 2024 Bar Exam Essay Predictions!

Multistate Essay Examination

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Test Administration July 30, 2024 Test Administration February 25, 2025

Jurisdictions Administering the MEE

Select a jurisdiction for a summary of bar admission information specific to that jurisdiction and contact information for its bar admission agency.

• MEE Administered
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• District of Columbia
• Northern Mariana Islands
• Puerto Rico
• Virgin Islands

Each jurisdiction will provide specific information regarding materials, including appropriate identification, that examinees are allowed to bring with them to the test center.

About the MEE

The Multistate Essay Examination (MEE) consists of six 30-minute questions. Developed by NCBE, the MEE is administered by user jurisdictions as part of the bar examination on the Tuesday before the last Wednesday in February and July of each year. 

The MEE is only one of a number of measures that a board of bar examiners may use in determining competence to practice. Each jurisdiction grades the MEE and determines its own policy with regard to the relative weight given to the MEE and other scores. Jurisdictions that administer the   Uniform Bar Examination  weight the MEE component 30%.

Registration Information

The MEE is developed by NCBE and administered by user jurisdictions as part of the bar examination. Applicants register for the MEE by applying to a jurisdiction for the bar exam. View our interactive map for jurisdictions administering the MEE and other information.

Preparing for the MEE

The MEE consists of six 30-minute questions. Areas of law that may be covered on the MEE include the following: Business Associations (Agency and Partnership; Corporations and Limited Liability Companies), Civil Procedure, Conflict of Laws, Constitutional Law, Contracts (including Article 2 [Sales] of the Uniform Commercial Code), Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates (Decedents' Estates; Trusts and Future Interests), and Article 9 (Secured Transactions) of the Uniform Commercial Code. Some questions may include issues in more than one area of law. The particular areas covered vary from exam to exam.  

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