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Bar Points: “Big Ticket” Items on the Multistate Bar Exam

As most bar takers are well aware, the Multistate Bar Exam (MBE) tests six areas of law: Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Torts, and Real Property. Many examinees are, quite naturally, a bit overwhelmed by the sheer breadth of material tested.

What many bar takers don’t realize is that the MBE tests certain subtopics within each area of law more frequently than others. What this means for you is that there are a higher number of points to be earned in certain areas of law than others. Once you’ve identified those areas, you will be able to focus your studies and maximize your score.

So, what are the big ticket MBE topics, you ask? Let’s break it down:

Constitutional Law: First Amendment issues comprise about 50% of the questions tested on the MBE. This includes questions on freedom of speech, freedom of the press, and the Establishment Clause. You can bone up on these topics here.

Contracts: Formation, conditions, and remedies make up approximately 60% of the questions you’ll face in this subject. You can refresh your knowledge on those topics here.

Criminal Law & Procedure: This subject is split pretty evenly between crimes—predominantly homicide—and procedural due process issues. You will need to memorize the elements of every crime, so get up to speed here.

Evidence: Hearsay, relevance, and presentation each make up around 33% of this subject. The hearsay questions can be pretty challenging, so make sure to get plenty of practice in this area. You can review your Evidence concepts here.

Real Property: This subject is among the most challenging on the bar exam, largely because much of what is tested is not taught in most first-year law school classes. Bar takers, on average, only answer 50% of these questions correctly on the actual exam, so this is a prime subject for claiming extra points. Mortgages and landlord/tenant issues dominate this subject, so focus your energies there. You can delve deeper into these topics here.

Torts: Negligence questions represent 50% of the Torts questions you will encounter on the MBE. Intentional Torts and other torts represent the remaining 50% of this topic. You can brush up on your Torts here.

If you need more help learning your MBE subjects, check out this free iPhone/iPod Touch MBE flashcard app.

However you choose to prepare for the MBE, make sure to study wisely and spend your time learning the areas of law that will help you reap the most points on test day!

Have a question about preparing for the bar exam? Email Kimber Russell at Kimber.Russell@kaplan.com

Check back here every Monday and Wednesday for more Bar Points. And get extra practice with our MBE Questions of the Day every Tuesday and Thursday at Facebook.com/KaplanPMBR.

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