The Multistate Bar Examination (MBE) is a standardized test developed by the National Conference of Bar Examiners (NCBE®) to assess how well you can apply legal principles and reasoning to fact patterns. It is a core component of the bar exam in every U.S. jurisdiction except Louisiana and Puerto Rico.
MBE Format
The MBE consists of 200 multiple-choice questions, 175 scored and 25 unscored experimental ones. It accounts for 50% of the Uniform Bar Examination (UBE®) score. Exam day is split into two 3-hour sessions, each containing 100 questions. All questions are weighted equally, and no outside materials are allowed.
Civil Procedure
Civil Procedure is all about how lawsuits work. Jurisdiction, venue, pleadings, discovery, trials — it's the playbook for litigation. The MBE loves to test federal jurisdiction, motions, and pretrial procedures, so don't gloss over those, or you're setting yourself up for trouble.
Read more: Civil Procedure
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Jurisdiction and Venue | 22.2% | 5-6 |
| Pretrial Procedures | 22.2% | 5-6 |
| Motions | 22.2% | 5-6 |
| Law Applied by Federal Courts | 8.3% | 2-3 |
| Jury Trials | 8.3% | 2-3 |
| Verdicts and Judgments | 8.3% | 2-3 |
| Appealability and Review | 8.3% | 2-3 |
Constitutional Law
Two big themes here: government powers and individual rights. Half the questions will address topics like separation of powers and judicial review. The other half focuses on due process, equal protection, and First Amendment rights. The fact patterns will try to trip you up, so don't just memorize the rules — learn how to apply them.
Read more: Constitutional Law
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Individual Rights | 50% | 12–13 |
| The Nature of Judicial Review | 16.7% | 4–5 |
| The Separation of Powers | 16.7% | 4–5 |
| The Relation of Nation and States in a Federal System | 16.7% | 4–5 |
Contracts
Offer, acceptance, consideration — basic stuff. But don't forget breach and remedies, plus the Uniform Commercial Code (UCC) rules for the sale of goods. The test won't just ask what the rule is. It will give you a tricky fact pattern and ask you to figure out who wins and why.
Read more: Contracts
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Formation of Contracts | 25% | 6–7 |
| Performance, Breach, and Discharge | 25% | 6–7 |
| Defenses to Enforceability | 12.5% | 3–4 |
| Contract Content and Meaning | 12.5% | 3–4 |
| Remedies | 12.5% | 3–4 |
| Third-Party Rights | 12.5% | 3–4 |
Criminal Law and Procedure
Criminal Law covers crimes and defenses. Criminal Procedure is all about the constitutional protections of the accused: search and seizure, confessions, and the right to counsel. The MBE loves to test Fourth, Fifth, and Sixth Amendment rights, so get comfortable with Miranda, exclusionary rules, and tricky police conduct scenarios.
Read more: Criminal Law and Procedure
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Constitutional Protection of Accused Persons | 50% | 12–13 |
| Homicide | 12.5% | 3–4 |
| Other Crimes | 12.5% | 3–4 |
| Inchoate Crimes, Parties | 12.5% | 3–4 |
| General Principles | 12.5% | 3–4 |
Evidence
Hearsay. Relevance. Privileges. Witness impeachment. If you're unsure when hearsay exceptions apply, this section will be brutal. The MBE tests whether you know what gets in and what stays out in court.
Read more: Evidence
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Relevancy and Reasons for Excluding Relevant Evidence | 33.3% | 8–9 |
| Hearsay and Circumstances of its Admissibility | 25% | 6–7 |
| Presentation of Evidence | 25% | 6–7 |
| Privileges and Other Policy Exclusions | 8.3% | 2 |
| Writings, Recordings, and Photographs | 8.3% | 2 |
Real Property
Ownership, landlord-tenant law, easements, future interests, mortgages — if it involves land, it's here. The MBE often tests tricky transfers of property and rights that turn on one small legal detail, so don't rush these questions.
Read more: Real Property
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Ownership of Real Property | 20% | 5-6 |
| Rights in Real Property | 20% | 5-6 |
| Real Estate Contracts | 20% | 5-6 |
| Mortgages/Security Devices | 20% | 5-6 |
| Titles | 20% | 5-6 |
Torts
In Torts, negligence is huge. Expect about half the questions to focus on it. Intentional torts, strict liability, product liability, defamation — know them all. The fact patterns can be messy, but if you break them down methodically, you'll be fine.
Read more: Torts
Highly Tested Topics
| Subtopic Topic | Distribution | No. of Questions |
|---|---|---|
| Negligence | 50% | 12-13 |
| Intentional Torts | 16.7% | 4-5 |
| Strict Liability and Products Liability | 16.7% | 4-5 |
| Other Torts | 16.7% | 4-5 |
What Are the Hardest MBE Subjects?
While every subject has its difficulties, test-takers consistently find these to be the most challenging due to complex fact patterns, technical rules, and dense legal language:
- Real Property: Requires detailed knowledge of ownership, mortgages, and future interests, including the Rule Against Perpetuities.
- Contracts: Involves lengthy fact patterns and heavily tested topics like contract formation, breach, and remedies.
- Civil Procedure: The newest MBE subject, with challenging questions on jurisdiction, motions, and pretrial procedures.
Check out our full breakdown of the hardest MBE subjects.
Frequently Asked Questions (FAQ
How is the MBE scored?
Your raw score is scaled to adjust for difficulty, and most jurisdictions require a scaled score between 130 and 140 to pass.
What’s the best way to prepare for the MBE?
Master the black-letter law, practice timed questions, review explanations, and simulate exam conditions.
How much time should I spend studying?
Most candidates study for the bar exam for 6-8 weeks, aiming for 300-400 total hours, which breaks down to about 4-6 hours per day.
Are some subjects tested more than others?
No, each subject has 25 scored questions, but within subjects, certain topics like negligence, hearsay, and constitutional protections appear more frequently.
How do I know if I’m ready?
If you’re consistently scoring 65-70% correct on timed practice tests, you’re in a solid position.
