MEE and Essay Subjects: Rule-Based Writing That Earns Points
What the MEE tests
The Multistate Essay Examination is six 30-minute essays. NCBE’s MEE subject list includes Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates, and UCC Articles 3 and 9. Several subjects are not on the MBE-business associations, conflict of laws, family law, trusts and estates, and secured transactions-so separate outlines are essential. On the UBE, the MEE is weighted 30%.
Core approach
Use IRAC or CRAC. State the governing rule with enough specificity to earn points, apply each element to the facts, and conclude. Answer every sub-question in the call. If an essay combines subjects, separate the analysis under headings. Do not recite policy unless the call invites it.
Worked example
Alice and Bob form a general partnership to run a bakery. Alice buys a commercial oven on credit without telling Bob. The supplier sues the partnership. Under partnership law, each partner is an agent of the partnership for acts in the ordinary course of business. Buying an oven is ordinary course. The partnership is bound unless the supplier knew Alice lacked authority. Bob’s secret objection does not defeat the supplier’s claim. The partnership is liable, and the partners may be liable for the partnership obligation under the applicable partnership act.
Traps
Essays often test the subject you skip. Do not write a general essay; use the facts. Distinguish majority and minority rules only when the call requires it. A conclusion without rule and application earns little. Watch for combined subjects and for call wording such as ‘discuss’ versus ‘is the client likely to prevail.’