MBE study guide
MBE · Work through your exam, one topic at a time.
The Multistate Bar Examination (MBE) is a six-hour, 200-question multiple-choice examination developed by the National Conference of Bar Examiners and administered by user jurisdictions as part of the bar examination on the last Wednesday in February and the last Wednesday in July of each year. Its stated purpose is to assess the extent to which an examinee can apply fundamental legal principles and legal reasoning to analyze given fact patterns. The MBE study guide has 7 sections and about 2,006 words.
01Civil Procedure
Civil Procedure rewards a fixed sequence. First ask whether the court has subject-matter jurisdiction: federal-question jurisdiction, or diversity with complete diversity and the amount in controversy.
306 words, about 2 min02Constitutional Law
Begin every constitutional question by identifying government action and the right affected. Standing requires injury in fact, causation, and redressability; taxpayer standing is generally unavailable, while organizations may sue for members.
274 words, about 1 min03Contracts
Common-law contracts require mutual assent, consideration, and no defense. An offer must be definite and communicated; acceptance must mirror the offer at common law.
304 words, about 2 min04Criminal Law and Procedure
Criminal law begins with actus reus and mens rea. Voluntary acts satisfy actus reus; status and involuntary conduct generally do not.
272 words, about 1 min05Evidence
Evidence must be relevant, meaning it tends to make a fact of consequence more or less probable. Relevant evidence may still be excluded under Rule 403 if unfair prejudice, confusion, or delay substantially outweighs probative value.
294 words, about 1 min06Real Property
Real Property questions often begin with estates. A fee simple absolute is alienable and inheritable.
265 words, about 1 min07Torts
Negligence requires duty, breach, actual cause, proximate cause, and damages. Duty is generally owed to foreseeable plaintiffs; special relationships and undertakings may create affirmative duties.
291 words, about 1 min