UBE MBE Subjects List Overview
The Seven Core Subjects
The Multistate Bar Exam topics are limited to seven specific areas of law: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. While this list may seem narrow compared to the broader range of subjects covered in law school, the depth required for each is substantial. Candidates must distinguish between common law principles and modern statutory trends, such as the Uniform Commercial Code (UCC) for contracts or the Federal Rules of Evidence. The National Conference of Bar Examiners (NCBE) provides specific subject matter outlines that serve as the definitive scope for what is testable. Understanding that these seven subjects are the only ones appearing on the afternoon portion of the UBE allows candidates to focus their analytical energy on high-yield rules rather than peripheral legal theories.
Weight of Each Subject on the Exam
When reviewing the MBE subject breakdown, it is vital to note that the 175 scored questions are distributed almost equally across the seven subjects. Specifically, you can expect 25 scored questions for each subject. There are also 25 unscored pre-test questions interspersed throughout the exam, bringing the total to 200. This equal weighting means that a deficiency in one area, such as Real Property, cannot easily be offset by a perfect score in another without significant risk. The scoring system relies on a statistical process called equating, which adjusts for variations in difficulty across different exam administrations. Consequently, consistent performance across all seven topics is the most reliable path to achieving a scaled score of 130–140, which is typically required for UBE passage.
Connection Between MBE and MEE Topics
There is a strategic advantage in mastering the MBE subjects because they are also frequently tested on the Multistate Essay Examination (MEE). While the MEE includes additional topics like Family Law or Secured Transactions, the "Big Seven" from the MBE often appear as the primary focus of essay prompts. For instance, a Contracts question on the MEE might require a deep dive into the Mirror Image Rule or the Battle of the Forms under UCC 2-207, concepts you must already know for the MBE. By studying these subjects through a dual lens—recognizing the correct answer in a multiple-choice format and articulating the rule in an essay—you maximize your study efficiency and build a more robust framework for legal analysis.
Civil Procedure: Federal Rules and Key Concepts
Personal Jurisdiction and Subject Matter Jurisdiction
Civil Procedure joined the MBE in 2015 and focuses exclusively on the Federal Rules of Civil Procedure (FRCP). Personal Jurisdiction (PJ) questions often center on the "minimum contacts" analysis derived from International Shoe and its progeny. Candidates must determine if a defendant has purposefully availed themselves of the forum state and if the exercise of jurisdiction comports with traditional notions of fair play and substantial justice. Conversely, Subject Matter Jurisdiction (SMJ) involves the court's power over the type of case. You must master the requirements for Diversity Jurisdiction under 28 U.S.C. § 1332—requiring complete diversity and an amount in controversy exceeding $75,000—as well as Federal Question Jurisdiction under § 1331. Supplemental Jurisdiction (§ 1367) is a common "distractor" area, requiring candidates to know when a federal court can hear state-law claims that share a common nucleus of operative fact.
Venue, Transfer, and Forum Non Conveniens
Venue determines which specific federal district is the proper location for a trial. Under 28 U.S.C. § 1391, venue is generally proper where any defendant resides (if all reside in the same state) or where a substantial part of the events occurred. The MBE frequently tests the distinction between a Transfer of Venue under § 1404 (where the original venue was proper) and § 1406 (where the original venue was improper). Candidates must also understand the doctrine of forum non conveniens, where a court dismisses a case because a foreign or different judicial system is much better suited to hear it. This requires balancing private interest factors, like witness access, against public interest factors, such as the burden on local juries.
Pleadings, Amendments, and Joinder of Claims/Parties
Questions regarding pleadings often test the "plausibility" standard established by Twombly and Iqbal. You must know the timelines for filing an Answer or a Rule 12 motion (generally 21 days after service). A high-yield area is the Relation Back Doctrine under Rule 15(c), which allows an amendment to a pleading to be treated as though it were filed on the date of the original pleading for statute of limitations purposes. Joinder rules are equally critical; you must distinguish between Permissive Joinder (Rule 20) and Compulsory Joinder (Rule 19). For example, if a "necessary" party cannot be joined without destroying diversity, the court must determine under Rule 19(b) whether the action should proceed or be dismissed, effectively labeling the party "indispensable."
Summary Judgment and Pretrial Adjudication
Rule 56 Summary Judgment is a staple of the Civil Procedure MBE. The moving party must show there is no genuine dispute as to any material fact and that they are entitled to judgment as a matter of law. Candidates must recognize that the court views evidence in the light most favorable to the non-moving party. Other pretrial adjudications include Rule 12(b)(6) motions to dismiss for failure to state a claim and Rule 41 voluntary/involuntary dismissals. Understanding the Erie Doctrine is also essential here; in diversity cases, federal courts apply federal procedural law but state substantive law. If a conflict exists, the court applies the "outcome-determinative" test to ensure that the choice of law does not unfairly encourage forum shopping.
Constitutional Law: Individual Rights and Government Powers
Judicial Review and Separation of Powers
Constitutional Law MBE questions frequently begin with the concept of Justiciability. To reach the merits of a case, a plaintiff must have standing—demonstrating injury-in-fact, causation, and redressability. The exam also tests the "Political Question Doctrine" and "Ripeness/Mootness." Regarding the separation of powers, focus on the President's executive authority versus Congress's legislative power. The Taxing and Spending Power is a frequent correct answer, as it allows Congress to spend for the "general welfare," a broad standard that supports many federal programs. Remember that there is no general federal "police power" except for limited areas like the District of Columbia or federal lands.
The Commerce Clause and Federalism
The Commerce Clause (Article I, Section 8) is perhaps the most tested power of Congress. It allows for the regulation of the channels and instrumentalities of interstate commerce, as well as activities that have a substantial aggregate effect on it. Conversely, the Dormant Commerce Clause limits state power; a state law that discriminates against out-of-state commerce is usually unconstitutional unless it is necessary to achieve an important, non-economic state interest and no non-discriminatory alternatives exist. You must also be familiar with the 10th Amendment's prohibition on "commandeering" state legislatures or executive officials to enforce federal regulatory programs.
Individual Rights: Due Process and Equal Protection
This section requires a mastery of the tiers of scrutiny. Strict Scrutiny applies to "suspect classifications" like race or national origin, or laws infringing on fundamental rights; the government must prove the law is narrowly tailored to achieve a compelling interest. Intermediate Scrutiny applies to "quasi-suspect" classes like gender and illegitimacy, requiring a law to be substantially related to an important government interest. Substantive Due Process protects fundamental rights not explicitly mentioned in the Constitution, such as the right to privacy. Procedural Due Process, under the 5th and 14th Amendments, requires the government to provide notice and a hearing before depriving a person of "life, liberty, or property."
First Amendment Freedoms
The First Amendment covers speech, religion, and association. For speech, the distinction between content-based and content-neutral restrictions is paramount. Content-neutral "Time, Place, and Manner" restrictions in a public forum are valid if they are narrowly tailored to serve a significant interest and leave open alternative channels. Regarding the Establishment Clause, the Lemon test (or its modern functional equivalents focusing on historical practices) is used to determine if a government action improperly supports religion. Free Exercise Clause questions often hinge on whether a law is a neutral law of general applicability; if it is, it generally does not violate the First Amendment even if it incidentally burdens religious practice.
Offer, Acceptance, and Consideration
Contracts questions require you to first determine if the Common Law or the Uniform Commercial Code (UCC) Article 2 applies. The UCC governs the sale of goods, while common law governs services and real estate. Formation requires an offer (objective manifestation of intent), acceptance, and consideration (bargained-for exchange). Watch for the Mailbox Rule, which states that acceptance is generally effective upon dispatch, whereas revocations are effective upon receipt. Consideration must involve a legal detriment; however, under the UCC, modifications to a contract for the sale of goods do not require new consideration if made in good faith, whereas common law requires new consideration under the Pre-existing Duty Rule.
Statute of Frauds and Parol Evidence Rule
The Statute of Frauds (SOF) requires certain contracts to be in writing to be enforceable. These include contracts for the sale of land, contracts that cannot be performed within one year, and the sale of goods for $500 or more. The Parol Evidence Rule prevents the introduction of prior or contemporaneous oral statements that contradict a final written agreement. You must distinguish between "total integrations" (no outside evidence allowed) and "partial integrations" (evidence allowed to supplement, but not contradict, the writing). Exceptions such as proving a condition precedent or showing a defense to formation (like fraud or duress) are frequently tested highly tested MBE rules.
A party’s duty to perform may be subject to a condition. If a condition is not met, the duty to perform is discharged. In common law, a "material breach" allows the non-breaching party to suspend performance and sue for damages, whereas a "minor breach" only allows for damages while performance must continue. The UCC follows the Perfect Tender Rule, allowing a buyer to reject goods if they fail in any respect to conform to the contract. Anticipatory Repudiation occurs when a party clearly indicates they will not perform before the time of performance is due; the non-breaching party can sue immediately or wait until the date of performance.
The standard remedy in contract law is Expectation Damages, which aim to put the non-breaching party in the position they would have been in had the contract been performed. This is calculated as the loss in value plus incidental and consequential damages, minus costs saved. Specific Performance is an equitable remedy available only when legal damages are inadequate, most commonly in land sale contracts or for unique goods. You must also understand "liquidated damages" clauses, which are enforceable only if the amount was a reasonable estimate of potential damages at the time of contracting and actual damages were difficult to prove.
Criminal Law and Procedure
Homicide and Other Crimes Against Persons
Criminal Law and Procedure MBE questions often focus on the mental state or mens rea required for a conviction. For homicide, you must distinguish between First-Degree Murder (premeditated and deliberate), Common Law Murder (malice aforethought, which includes intent to kill, intent to inflict great bodily harm, depraved heart, or felony murder), and Manslaughter. Voluntary Manslaughter involves a "heat of passion" defense, while Involuntary Manslaughter involves criminal negligence. Other crimes against persons include Battery (unlawful application of force), Assault (attempted battery or intentional creation of apprehension), and Kidnapping.
Inchoate Crimes and Parties to Crime
Inchoate crimes include Solicitation, Conspiracy, and Attempt. Conspiracy requires an agreement between two or more people to commit a crime and, in many jurisdictions, an overt act in furtherance of the conspiracy. Under the Pinkerton Rule, a conspirator is liable for all foreseeable crimes committed by co-conspirators in furtherance of the conspiracy. Attempt requires the "specific intent" to commit the crime and a "substantial step" toward its completion. Note that legal impossibility is a defense to attempt, but factual impossibility is not. Parties to a crime include principals and accomplices (those who aid or encourage with the intent that the crime be committed).
Fourth, Fifth, and Sixth Amendment Protections
Criminal Procedure is heavily constitutional. The Fourth Amendment protects against unreasonable searches and seizures. You must analyze whether a "search" occurred (violating a reasonable expectation of privacy) and if a warrant was required. Exceptions to the warrant requirement, such as Search Incident to Lawful Arrest, Plain View, and Exigent Circumstances, are high-yield. The Fifth Amendment "Miranda" rights apply during custodial interrogation. A person is in "custody" if they do not feel free to leave, and "interrogation" includes any conduct the police should know is likely to elicit an incriminating response. The Sixth Amendment provides the right to counsel at all "critical stages" of a prosecution after formal charges have been filed.
Privileges Against Self-Incrimination and Right to Counsel
The privilege against self-incrimination allows a defendant to refuse to testify and prevents the prosecution from commenting on that silence. This privilege is personal and does not apply to corporations. Regarding the right to counsel, the Ineffective Assistance of Counsel claim under Strickland v. Washington requires showing that the attorney's performance fell below an objective standard of reasonableness and that this deficiency prejudiced the defendant. Furthermore, the "Exclusionary Rule" prevents the government from using evidence obtained in violation of the 4th, 5th, or 6th Amendments, subject to exceptions like "Good Faith" or "Inevitable Discovery."
Evidence: Rules of Admissibility
Relevance and Prejudice (Rule 403)
Evidence is relevant if it has any tendency to make a material fact more or less probable than it would be without the evidence. However, under Federal Rule of Evidence 403, a court may exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury. This balancing test is a foundational principle of the Evidence MBE. You must also be aware of "Public Policy Exclusions," which bar evidence of subsequent remedial measures, settlement offers, and payment of medical expenses to prove liability.
Hearsay and Its Exceptions
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless an exception or exemption applies. Exemptions (or "non-hearsay") include prior statements by witnesses and Opposing Party Statements. Exceptions where the declarant's availability is immaterial include Present Sense Impression, Excited Utterance, and Business Records. Exceptions requiring the declarant to be "unavailable" (e.g., due to death or privilege) include Dying Declarations and Statements Against Interest. Distinguishing between these categories is one of the most difficult but essential tasks on the MBE.
Character Evidence and Impeachment
Character evidence is generally inadmissible to prove that a person acted in conformity with a trait on a particular occasion. However, in criminal cases, a defendant may "open the door" by introducing evidence of their own pertinent good character, allowing the prosecution to rebut. Impeachment involves attacking a witness's credibility. Methods include prior inconsistent statements, bias, and Prior Bad Acts (inquiry only on cross-examination, no extrinsic evidence). Under Rule 609, a witness may be impeached with a prior felony conviction or any crime involving dishonesty (crimen falsi), subject to certain time limits and balancing tests.
Privileges and Witness Competency
Witnesses are generally presumed competent to testify if they have personal knowledge and take an oath to tell the truth. Privileges, such as the Attorney-Client Privilege and the Spousal Communication Privilege, protect confidential communications made for the purpose of seeking legal advice or preserving marital harmony. On the MBE, remember that in diversity cases, the federal court applies state law regarding privileges. The Best Evidence Rule (or Original Document Rule) requires the original writing or recording when trying to prove its contents, though duplicates are usually acceptable unless a genuine question is raised about the original's authenticity.
Real Property: Ownership and Transfers
Present and Future Estates
Real Property questions often begin with the "estate system." You must identify the interest held, such as a Fee Simple Absolute, a Life Estate, or a Leasehold. Each present interest is paired with a future interest; for example, a Life Estate is followed by a Reversion (in the grantor) or a Remainder (in a third party). The "Rule Against Perpetuities" (RAP) still appears on the MBE, though it is often simplified; it invalidates any interest that does not vest or fail within 21 years of a life in being at the creation of the interest. Focus on whether an interest is "vested" or "contingent."
Concurrent Ownership and Landlord-Tenant Law
Concurrent ownership involves Joint Tenancy (with right of survivorship) and Tenancy in Common. A Joint Tenancy is severed—and converted into a Tenancy in Common—if one tenant conveys their interest. In Landlord-Tenant law, the Implied Warranty of Habitability is a key concept for residential leases, requiring the landlord to maintain premises fit for human habitation. If the landlord fails, the tenant may move out and terminate the lease (Constructive Eviction) or repair and deduct the cost. The "Assignment vs. Sublease" distinction is also frequently tested, focusing on "privity of estate" and "privity of contract."
Easements, Covenants, and Equitable Servitudes
These are "encumbrances" on land. An Easement is a non-possessory right to use another's land. It can be created by express grant, necessity, or prescription (similar to adverse possession). Real Covenants and Equitable Servitudes are promises to do or not do something on the land. To "run with the land" and bind future owners, a covenant requires intent, notice, touch and concern, and privity (horizontal and vertical). Equitable servitudes require less—usually just intent, notice, and touch and concern—and are enforced by injunction rather than money damages.
Adverse Possession and Real Estate Transactions
Adverse Possession allows a person to gain title to land by occupying it in a way that is open, notorious, continuous, hostile, and exclusive for the statutory period. In real estate transactions, the Contract of Sale merges into the Deed at closing. Before closing, the contract contains an implied warranty of "marketable title." Deeds must be properly executed and delivered to be effective. You must also master the three types of Recording Acts: Notice, Race-Notice, and Race. These determine who has priority when a rogue seller conveys the same property to two different buyers.
Torts: Intentional, Negligence, and Strict Liability
Intentional Torts and Defenses
Intentional torts include Battery, Assault, False Imprisonment, and Intentional Infliction of Emotional Distress (IIED). The "Transferred Intent" doctrine allows intent for one tort or person to be transferred to another. Defenses to intentional torts include Consent, Self-Defense, and Necessity. For example, Private Necessity allows a person to interfere with another's property to prevent a greater harm, but they remain liable for any actual damages caused. Public Necessity is a complete defense where no damages are owed if the act was to protect the community at large.
Negligence: Duty, Breach, Causation, Damages
Negligence is the most heavily tested area of Torts. A plaintiff must prove a duty of care (usually the "Reasonable Person Standard"), a breach of that duty, causation (both actual and proximate), and actual damages. Negligence Per Se occurs when a defendant violates a statute designed to protect a specific class of people from a specific type of harm. Proximate cause often hinges on "foreseeability"—the defendant is liable for the foreseeable results of their actions. You must also understand the duty of care owed to different types of entrants on land: Trespassers, Licensees, and Invitees.
Strict Liability and Products Liability
Strict liability applies to "abnormally dangerous activities" (like blasting), wild animals, and certain product defects. In Products Liability, a plaintiff can sue under several theories: Negligence, Warranty, or Strict Products Liability. For strict liability, the plaintiff must show the product was defective (manufacturing, design, or warning defect), the defect existed when it left the defendant's control, and the defect caused the injury while the product was being used in a foreseeable way. Commercial sellers in the distribution chain are generally liable regardless of the care they exercised.
Defenses in Tort Actions
In negligence cases, the MBE primarily uses Pure Comparative Negligence unless the question states otherwise; this reduces the plaintiff's recovery by their percentage of fault. Some jurisdictions use "Modified Comparative Negligence," where a plaintiff is barred from recovery if they are more than 50% at fault. Assumption of Risk is another defense where the plaintiff knowingly and voluntarily encountered a known danger. In strict liability, ordinary contributory negligence is often not a defense, but "unforeseeable misuse" of a product can shield a manufacturer from liability.