The New York State Court of Appeals adopted the Uniform Bar Exam (UBE®) in July 2016. Since then, an increasing number of people have been taking the New York Bar Exam. The UBE is a standardized bar examination comprised of the Multistate Bar Examination (MBE®), the Multistate Essay Examination (MEE®), and the Multistate Performance Test (MPT®). Due to its uniformity among participating states, interstate score transfer is much easier. This article will provide detailed information on New York Bar Exam dates, format, subjects, costs, results, and more.
New York Bar Exam Structure
The Uniform Bar Exam format consists of three components that span two days:
- Day 1 : Multistate Performance Test (MPT), Multistate Essay Exam (MEE)
- Day 2 : Multistate Bar Exam (MBE)
The MPT presents test-takers with a simulated case file based on a realistic scenario with a packet of various legal materials. Examinees will show their lawyering skills by using the materials provided to respond to the assignment(s). These assignments frequently involve law not tested on the bar exam (e.g., Professional Responsibility). Examinees will have to answer two such cases in 90 minutes each for a testing time of three hours.
Examinees take the MEE in the afternoon of day one. You will have 3 hours to complete six 30-minute MEE essay questions. Jurisdictions that have adopted the UBE weigh it at 30%.
With a weight of 50%, the MBE is the most heavily weighted portion of the New York Bar Exam. The MBE consists of 200 multiple-choice questions administered in two three-hour sessions on day two.
New York Bar Exam Requirements, Dates, and Scheduling
Registration deadlines are the most important dates to remember as you prepare your New York Bar Exam application. The filing period for the February 27-28, 2024 exam is November 1-30, 2023, and for the July 30-31, 2024 exam, it is April 1-30, 2024. The New York State Board of Law Examiners does not allow late filing. If you miss the deadline, you will not be able to take the exam. Fortunately, they have listed application filing dates for the next several years (see Exam Dates below).
Requirements
Thousands of hopeful examinees sit for the New York Bar Exam every year. To qualify as an applicant, you must meet one of the following five criteria, each requiring some form of classroom study in a law school.
- ABA Approved Law School Study (JD graduates) — Graduate with a Juris Doctorate from an ABA-approved law school in the US.
- Law Office Study/Clerkship — Earn a minimum of 28 credit hours at an approved law school and study law at a New York State law office. The combination of all studies must be four years. (520.4)
- Unapproved Law School Study — Graduates with a JD from unapproved law schools in the US can sit for the New York Bar Exam if they have practiced law for at least 5 of the 7 years leading up to their application.
- Foreign Law School Study — Graduate from a law school program outside of the United States that is equivalent to an approved law school in the US; additional programs within the US may be required. (520.6)
- Pro Bono Scholars Program — Devote the last semester of study at an ABA-approved law school to performing pro bono legal services through an approved program. Qualifying students may sit for February bar examination following graduation.
Exam Dates
The New York State Board of Law Examiners has posted application filing periods up to 2025. If you fail to submit your application within the following filing periods, you will not be permitted to sit the New York Bar Exam for that period.
| New York Bar Exam Dates and Application Deadlines 2023-2025 | |
|---|---|
| Dates of Bar Exam | Application Filing Dates |
| February 21-22, 2023 | November 1-30, 2022 |
| July 25-26, 2023 | April 1-30, 2023 |
| February 27-28 2023 | November 1-30, 2023 |
| July 20-31, 2024 | April 1-30, 2024 |
| February 25-26, 2025 | November 1-30, 2024 |
| July 29-30, 2025 | April 1-30, 2025 |
Scheduling
You must submit applications and fees for the New York Bar Exam through your BOLE account's Applicant Services Portal. To create an account, you must provide your name, date of birth, email address, and valid National Conference of Bar Examiners (NCBE®) number. You can get an NCBE number here. After you've created your BOLE account, you will receive an email with your BOLE ID.
Test center assignments are based on availability and on a first-come, first-serve basis. No applicant is guaranteed a seat in any particular city or test center, even if the applicant lives or attended law school in that city. Approximately six to seven weeks prior to the bar exam, you will be emailed a link instructing you to select your preferred testing location. First-time applicants who graduated with a JD from a NY law school are given first priority.
The New York Bar Exam is administered in person in the following locations:
| City | Address |
|---|---|
| Albany | Empire State Plaza Convention Hall (Concourse Level) S Mall Arterial Albany, NY 12242 |
| Buffalo | Buffalo-Niagara Convention Center 153 Franklin Street Buffalo, NY 14202 |
| New York City | Armory Track & Field Center 216 Fort Washington Avenue at West 168 Street New York, NY 10032 |
| White Plains | New York State Judicial Institute and Pace Law School 78 North Broadway White Plains, NY 10603 |
NY Bar Exam Costs and Fees
NY Bar Exam Costs and Fees must be submitted through your BOLE account’s Applicant Services Portal. Exam application fees are tabulated below.
| Status | Fee |
|---|---|
| JD received from an ABA-approved law school | $250 |
| Law office study | $250 |
| Unapproved law school | $250 |
| Studied law in foreign country | $750 |
| Pro Bono Scholars Program | $250 |
Applicants may use personal laptops with pre-installed security software to answer questions on the MEE and the MPT for a $100 fee. If applicants wish to type their answers during the written portions of the exam, they must use their laptops when completing the online application. Otherwise, they will be required to handwrite their responses. After the application period is closed, applicants who opted into the Laptop Program will receive an email that provides instructions about purchasing the required software and registering the laptop used at the examination.
Payment Policies
Applicants must pay for the UBE with a Visa or MasterCard credit card. Debit cards are not accepted, and credit card payments cannot be made by mail or phone. All payments must be submitted through the BOLE Applicant Services Portal.
Cost-Saving Options
Students in their final year at a New York law school can devote their last semester (12 weeks) to performing pro bono service through an approved externship program, law school clinic, legal services provider, law firm, or corporation.
Students accepted into the program can take the NY Bar Exam in February of their final year of law school before they graduate. Those who successfully complete the program will be eligible for accelerated admission to the NY Bar Exam. For more information on the Pro Bono Scholars Program and how to apply, please click here.
New York Bar Exam Subjects and Topics
Overall, the UBE assesses examinees’ knowledge and understanding of general legal principles, factual analysis, legal analysis and reasoning, and communication skills to evaluate their competencies and readiness to practice law in any jurisdiction.
Testable Subjects on the MEE
The MEE challenges students with six 30-minute essays lasting three hours in total. The MEE tests on the following subjects, which include seven subjects that are also tested on the Multistate Bar Exam:
Since 2007, Business Association has been one of the most tested MEE subjects on the UBE. Examinees should have a thorough understanding of the principles of agency rooted in business relationships and review the following:
- Agency relationships
- Power of agent to bind principal
- Vicarious liability of principal for acts of agent
- Fiduciary duties between principal and agent
- Creation of partnerships
- Power and liability of partners
- Rights of partners among themselves
- Dissolution
- Special rules concerning limited partnerships
- Corporations and Limited Liability Companies
- Formation of organizations
- Pre-organization transactions
- Piercing the veil
- Financing the organization
- Management and control
Civil Procedure has appeared quite frequently on the UBE over the past decade. Spend time trying to understand the theoretical underpinnings of the rules and the distinctions between personal and subject matter jurisdiction.
Assume that the Federal Rules of Civil Procedure and the sections of Title 28 of the US Code pertaining to trial and appellate jurisdiction, venue, and transfer are in effect. The topic breakdown is as follows:
- Jurisdiction and venue
- Law applied by federal courts
- Pretrial procedures
- Jury trials
- Motions
- Verdicts and judgments
- Appealability and review
Conflict of Laws is the least tested subject on the UBE, and questions regarding Conflict of Laws don’t appear independently. Instead, it is always combined with other subjects, most often with Civil Procedure, followed by Family Law, Decedents’ Estates, and Corporations/LLCs.
Questions regarding Conflict of Law frequently appear with issues regarding the Klaxon Doctrine, transfer to a more appropriate forum, recognition of marriage, full faith and credit clause, personal property, real property, mergers, dissenter’s rights, and foreign corporations. Here is the topic breakdown:
- Domicile
- Jurisdiction of courts
- Choice of law
- Recognition and enforcement of other states’ judgments and foreign judgments
Savvy examinees will memorize the most important constitutional amendments and clauses. Constitutional law questions frequently involve matters regarding the commerce and dormant commerce clause and their exceptions, the equal protection clause (EPC), and the First Amendment. Note that “Constitution,” “constitutional,” and “unconstitutional” indicate the Federal Constitution unless otherwise stated. See the topic breakdown below:
- The nature of judicial review
- The separation of powers
- The relation of nation and state in a federal system
- Individual rights
Contract Law is typically tested on its own. Some critical issues to focus on are contract formation and performance obligations. Examinees should assume that articles 1 and 2 of the UCC are in effect. The following details the NCBE’s breakdown of the topic:
- Formation of contracts
- Defenses to enforceability
- Contract content and meaning
- Performance, breach, and discharge
- Remedies
- Third-party rights
There is a good chance you’ll come across Criminal Law and Procedure on the MEE. Highly tested issues include homicide, defense of insanity, and the Fifth and Fourth Amendments. Be sure that you can define commonly used ideas like “malice aforethought in murder,” “Miranda warnings,” “Interrogation,” and “Custody.” See the breakdown of topics below.
- Homicide
- Other crimes
- Inchoate crimes; parties
- General principles
- Constitutional protection of accused persons
Evidence is typically tested annually, so you should be prepared to see it on the MEE. While it’s usually tested independently, it has occurred alongside Criminal Procedure in the past. Students have difficulty studying Evidence, but luckily the same issues are often tested: Hearsay, impeachment, and, less frequently, character evidence, relevancy, witness testimony, and policy exclusions. Here is a subject breakdown:
- Presentation of evidence
- Relevancy and reasons for excluding relevant evidence
- Privileges and other policy exclusions
- Writings, recording, and photographs
- Hearsay and circumstances of its admissibility
Family Law sometimes appears alongside Conflict of Laws issues but is more often tested independently. Examinees will likely come across issues regarding child custody and support. The Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) are usually applied to Family Law issues. See the topic breakdown below:
- Getting married
- Being married
- Separation, divorce, dissolution, and annulment
- Child custody
- Rights of unmarried cohabitants
- Parent, child, and state
- Adoption
- Alternatives to adoption
Real Property is tested about yearly and is usually seen with other subjects. Examinees should focus their study on deeds, recording acts, landlord-tenant law, and important real property vocabulary like warranty deed, merger, and quitclaim deed. See the topic outline below for a subject overview.
- Ownership of real property
- Rights in real property
- Real estate contracts
- Mortgages/security devices
- Titles
You have a good chance of coming across Torts on the MEE, and it is often seen with Agencies regarding the vicarious liability of an employer. The MEE typically tests basic tort principles. Issues to focus on include negligence, children and duty, eggshell-skull rule, premises liability, negligence per se, and strict liability.
The NCBE notes that examinees should assume survival actions and claims for wrongful death are available. Relevant rules (unless otherwise indicated) are joint and several liability, pure comparative fault. See below for the topic breakdown.
- Intentional torts
- Negligence
- Strict liability and products liability
- Other torts
Trusts has been seen less frequently on the MEE in recent years but have consistently been a popular subject. Trust questions will generally regard validity, revocability, types of trusts, pour-over will, discretionary trusts, and charitable trusts. The following outline provides important subtopics:
- Descendants’ Estates
- Wills
- Family protection
- Living wills and durable health care powers
- Trusts
- Future interests
- Construction problems
Secured Transactions is middle of the road in terms of frequency. While it has been tested with Contracts and Sales, and Real Property, it’s typically seen on its own. This subject can be complex for examinees, but what’s tested often revolves around the application of Article 9, the four types of goods, attachment, and perfection.
The NCBE notes that examinees should assume that the Official Texts of Articles 1 and 9 of the UCC are in effect. See the following outline:
- General UCC principles
- Applicability and definitions
- Validity of security agreements and rights of parties
- Right of third parties; perfected and unperfected security interests; rules of priority
- Default
While Civil Procedure is also tested on the MBE, it is the most frequently tested subject on the MEE. Since February 2014, Civil Procedure has been tested more than 71% of the time (either as a component or an entire essay). During this period, the most frequently tested subjects on the MEE have been:
- Civil Procedure (71%);
- Contracts (59%);
- Real Property (59%);
- Constitutional Law (53%)
- Secured Transactions (53%)
Testable Subjects on the MBE
The MBE topics test examinees across the following subjects in 200 multiple-choice questions lasting six hours:
- Contracts
- Constitutional Law
- Criminal Law and Procedure
- Civil Procedure
- Evidence
- Real Property
- Torts
Out of the 200 questions, 25 questions are considered to be “experimental” and not scored. The other 175 questions are divided evenly so that 25 questions are counted toward your score for each subject. For example, there are 25 scored Contracts questions on the MBE.
UWorld MBE Sample Questions
Quality speaks for itself. Try some of our free MBE sample questions below.
A husband and wife were married in State A and lived there for 10 years before separating. One month later, the wife permanently moved to State B and immediately filed for divorce in a federal court in State B. The wife claims that she is entitled to $300,000 in alimony. The husband appeared in the action and has filed a motion to dismiss for lack of subject-matter jurisdiction.
Should the court grant the motion?
- No, because the court has diversity jurisdiction over the case.
- No, because the husband waived a subject-matter jurisdiction challenge by appearing in the case.
- Yes, because state courts have exclusive jurisdiction over this type of action.
- Yes, because the wife did not establish a domicile in State B.
Explanation:
| Federal diversity jurisdiction exceptions |
|
Federal courts cannot exercise diversity jurisdiction over cases involving:
|
A federal court must possess subject-matter jurisdiction to hear the merits of a case before it. Subject-matter jurisdiction can be established through either:
- federal-question jurisdiction – when a claim arises under the U.S. Constitution, a treaty, or federal law (not seen here) or
- diversity jurisdiction – when the amount in controversy exceeds $75,000 and the opposing parties are citizens of different states.
Here, diversity jurisdiction is established since the wife claims that she is entitled to $300,000 and the parties are citizens of different states (States A and B). However, federal courts cannot exercise diversity jurisdiction over cases involving probate matters or domestic relations. Instead, state courts have exclusive jurisdiction over these types of actions (Choice A).* Therefore, the husband's motion to dismiss should be granted.
(Choice B) A challenge to subject-matter jurisdiction is never waived. However, a challenge to personal jurisdiction is waived if the defendant has voluntarily appeared in the case, unless it was a special appearance for the express purpose of objecting to personal jurisdiction.
(Choice D) An individual is a citizen of the state where he/she is domiciled—ie, physically present with the intent to remain indefinitely. Since the wife permanently moved to State B, she has established her domicile there.
Educational objective:
Federal courts cannot exercise diversity
jurisdiction over cases involving probate matters or domestic relations. Instead, state courts
have exclusive jurisdiction over these types of cases.
Bluebook Citations :
- Ankenbrandt v. Richards, 504 U.S. 689, 703–04 (1992) (explaining the domestic-relations exception to diversity jurisdiction).
A congressional committee investigated the pharmaceutical industry and found that the high cost of prescription drugs purchased and sold in the United States negatively impacted the nation's economy and the health of its citizens. In response, Congress passed a statute that regulates "the retail prices of every purchase or sale of prescription drugs in the United States."
A group of pharmaceutical companies challenged the constitutionality of this statute in federal court.
What is the strongest argument in support of the constitutionality of this statute?
- Congress may enact statutes for the general welfare.
- Congress may regulate the prices of all domestic purchases and sales of goods.
- The Constitution grants Congress the power to regulate the interstate transportation of prescription drugs.
- The purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate.
Explanation:
The commerce clause gives Congress broad power to regulate interstate and foreign commerce. This includes:
- the channels of interstate and foreign commerce (eg, roadways)
- the instrumentalities of interstate and foreign commerce (eg, vehicles)
- persons and things moving in interstate or foreign commerce (eg, goods and services) and
- in-state activities that, singly or in the aggregate, substantially impact interstate or foreign commerce.
Since Congress's commerce power is broad, federal statutes are constitutional if there is any rational basis for concluding that the regulated activity substantially affects interstate or foreign commerce. This can be shown through express congressional findings.
Here, the federal statute regulates the retail prices of prescription drugs in the United States. Congress has the authority to regulate such products' interstate transportation, but this statute also regulates in-state purchases and sales (Choice C). Since the congressional committee found that the high cost of prescription drugs negatively impacted the nation's economy, it is rational to conclude that their aggregated in-state purchases and sales substantially impact interstate commerce. Therefore, this is the strongest argument to support this statute.
(Choice A) The taxing and spending clause empowers Congress to tax and spend for the general welfare. But regulating prices is not equivalent to taxing or spending.
(Choice B) Congress cannot regulate the prices of every domestic purchase and sale of goods since it cannot regulate purely in-state sales that do not substantially affect interstate commerce.
Educational objective:
The commerce clause empowers Congress to regulate (1)
channels and instrumentalities of, (2) persons and things moving in, and (3) in-state activities
that—singly or in the aggregate—substantially affect interstate or foreign commerce.
Bluebook Citations :
- Gonzales v. Raich, 545 U.S. 1, 17 (2005) (explaining Congress's broad authority under the commerce clause).
The owner of a new office building contracted with a well-known landscaper to design and install landscaping around the building for $30,000. The agreement was memorialized in writing, was signed by both parties, and called for a budget of $5,000 for trees, shrubs, sod, and materials. The contract required the landscaper to complete the work within six months. Due to an unexpected increase in the price of trees and shrubs, the landscaper abandoned the project and never completed any of the work.
Three years after the landscaper's deadline, the building owner sued the landscaper for breach of contract. In the jurisdiction, the statute of limitations for breach of a services contract is two years after the breach, and the statute of limitations for breach of a sale-of-goods contract is four years.
Can the owner recover damages from the landscaper?
- No, because the contract is divisible with respect to the services and goods, and the landscaper's breach is therefore subject to the two-year statute of limitations.
- No, because the contract primarily calls for services, and the landscaper's breach is therefore subject to the two-year statute of limitations.
- Yes, because the landscaper's breach was a result of an increase in the price of goods, and his breach is therefore subject to the four-year statute of limitations.
- Yes, because the landscaper's breach was willful, and he is therefore estopped from denying that his breach is subject to the four-year statute of limitations.
Contracts for the sale of goods are governed by Article 2 of the Uniform Commercial Code (UCC), while contracts for services are governed by common law. However, some contracts involve the sale of goods and the rendering of services. To determine which law applies to a "mixed" or "hybrid" contract, courts ask whether its predominant purpose was the sale of goods or the rendering of services. The following factors are relevant to this determination:
- The contract's language
- The nature of the supplier's business (ie, whether it typically provides goods or services)
- The relative value of the goods and services
- The nature of the final product (ie, whether it can be described as a good or service)
Here, the building owner contracted to buy goods (eg, trees, shrubs, sod) and services (ie, designing and installing the landscaping). The owner likely hired the well-known landscaper due to his skill in performing landscaping services, and the $5,000 budget for goods was just one-sixth of the $30,000 contract price. Therefore, the contract primarily calls for services and is subject to the jurisdiction's two-year statute of limitations. And since the owner sued three years after the breach, the owner cannot recover damages from the landscaper.
(Choice A) The predominant-purpose test is unnecessary when a contract is divisible—ie, when the payment for goods can easily be separated from the payment for services. But here, the contract is likely indivisible since it combined the sale of the trees, shrubs, and sod with their installation.
(Choices C & D) The predominant-purpose test focuses on the parties' reason for entering the contract—not for breaching it. Therefore, it is irrelevant that the landscaper's breach was (1) a result of an increase in the price of goods or (2) willful.
Educational objective:
Sale-of-goods contracts are governed by the UCC,
while services contracts are governed by common law. When a contract calls for the sale of goods
AND the rendering of services, the contract's primary purpose determines whether the UCC or
common law applies.
Bluebook Citations :
- Bonebrake v. Cox, 499 F.2d 951, 960 (8th Cir. 1974) (applying the predominant-purpose test to determine which statute of limitations applies to a mixed contract for goods and services).
- Princess Cruises, Inc. v. Gen. Elec. Co., 143 F.3d 828, 833 (4th Cir. 1998) (listing factors that courts consider when applying the predominant-purpose test).
A man and a woman dated for several weeks. During that time, the man repeatedly asked the woman to have sex. Each time, the woman responded that she would not have sex with the man unless they were married. One evening, the man promised the woman that they would elope the following weekend if she would agree to have sex. The woman agreed and the couple had sex. The following weekend, the man told the woman that he had no intention of eloping and only made that promise to get the woman's consent. The woman reported the man to the police, who later arrested and charged the man with rape.
Is the man guilty of rape?
- No, because fraud in factum did not negate the woman's consent.
- No, because fraud in the inducement did not negate the woman's consent.
- Yes, because the woman's consent was obtained by fraud in factum.
- Yes, because the woman's consent was obtained by fraud in the inducement.
Explanation:
| Consent to sexual intercourse obtained by fraud | ||
| Type of fraud | Definition | Effect |
| In factum |
|
Negates victim's consent |
| In inducement |
|
Does not negate victim's consent |
In most modern jurisdictions, rape is defined as sexual intercourse with another without that person's consent.* This means that rape did not occur if the victim consented to sexual intercourse. However, a victim's consent may be ineffective if it was obtained by fraud. There are two types of fraud:
- Fraud in factum – when consent is obtained by fraud regarding the nature of the act itself, leaving the victim unaware that he/she consented to sexual intercourse and negating the victim's consent
- Fraud in the inducement – when consent is obtained by fraud regarding what the victim knows is an act of sexual intercourse, which does not negate the victim's consent
As a result, consent obtained by fraud in factum is not a valid defense to rape, but consent obtained by fraud in the inducement is a valid defense.
Here, the man falsely promised the woman that they would elope if she agreed to have sex with him. Since the woman knew that the act to which she consented was sexual intercourse, her consent was obtained by fraud in the inducement (Choices A & C). This type of fraud did not negate the woman's consent, so the man is not guilty of rape (Choice D).
Educational objective:
Fraud in factum occurs when the fraud pertains to the nature of the act itself and negates a rape victim's consent. In contrast, fraud in the inducement occurs when fraud is used to gain consent to what the victim knows is an act of sexual intercourse and does not negate the victim's consent.
A plaintiff sued a defendant for negligence to recover damages that the plaintiff suffered as a result of a crash between the two parties. At trial, the plaintiff's attorney called the plaintiff's wife to testify as to what she witnessed on the day of the crash. On cross-examination of the wife, the defendant's lawyer elicited several responses that tended to show that the plaintiff's actions constituted contributory negligence. The plaintiff's attorney seeks to ask the wife several questions on redirect examination, but the defendant's attorney objected.
What is the strongest argument that the court must allow redirect examination of the wife?
- The plaintiff's attorney failed to provide all significant information on direct examination.
- The plaintiff's attorney seeks to reiterate the necessary elements of the claim.
- The plaintiff's attorney seeks to reply to all matters raised on cross-examination.
- The plaintiff's attorney seeks to reply to significant new matters raised on cross-examination.
Explanation:
Federal Rule of Evidence 611 gives trial courts the authority to exercise reasonable control over the mode and order of examining witnesses at trial. This includes the discretion to determine whether—and to what extent—redirect examination of witnesses should be permitted. But when a party raises a significant new matter while cross-examining a witness, the court must allow the opposing party to address that matter through redirect examination.
Therefore, the strongest argument for allowing redirect examination of the plaintiff's wife is that the plaintiff's attorney seeks to reply to significant new matters that were raised on cross-examination.
(Choice A) A party is expected to elicit all significant information during direct examination of a witness. Therefore, a court need not permit redirect examination to allow the party to provide information inadvertently omitted on direct examination.
(Choices B & C) Redirect examination is generally limited to significant new matters raised on cross-examination. Therefore, a party is not entitled to redirect examination to (1) reiterate information like the necessary elements of the claim or (2) reply to all matters addressed in cross-examination.
Educational objective:
When a party raises a significant new matter on cross-examination of a witness, the court must allow redirect examination by the opposing party to address that matter.
Bluebook Citations :
- Fed. R. Evid. 611 (explaining the mode and order of examining witnesses).
Twenty years ago, a man who owned a 20-acre ranch agreed to sell all of his mineral rights to his neighbor. The man executed a warranty deed conveying the mineral estate to the neighbor, who failed to record the deed.
The following year, a woman moved her mobile home onto an undeveloped five-acre portion of the man's ranch. After the woman had lived on the property for 10 years, a local drilling company began operations on a nearby tract to drill a natural gas well. Believing that the woman owned the property, the drilling company approached the woman about leasing the mineral rights on her property and requested that the woman sign a lease of her mineral rights. The woman signed the lease as requested, and it was promptly and properly recorded. The drilling operations were successful, and the drilling company prepared to distribute profits from royalties. However, a dispute arose between the neighbor and the woman, as both parties claim ownership of the minerals.
The period of time to acquire title by adverse possession in the jurisdiction is 10 years.
In an action to determine title, is the court likely to award title to the mineral estate to the woman?
- No, because the woman actually possessed only the surface estate that had previously been severed from the mineral estate.
- No, because the woman did not actually possess the mineral estate until she signed the lease of the mineral rights.
- Yes, because the neighbor failed to record the warranty deed conveying the mineral estate.
- Yes, because the woman adversely possessed both the surface estate and the mineral estate for the statutory period.
Explanation:
An adverse possessor can acquire title to land owned by another if his/her possession of the land is:
- Open and notorious – apparent or visible to a reasonable owner
- Continuous – uninterrupted for the statutory period
- Exclusive – not shared with the owner
- Actual – physical presence on the land and
- Nonpermissive – hostile and adverse to the owner.
If the surface and mineral estates are owned by the same party, then the adverse possessor will acquire title to both estates—even if only one estate is actually possessed. But if the mineral estate has been severed from the surface estate (ie, the surface and mineral estates are owned by different parties), then the adverse possessor will only acquire title to the estate that is actually possessed. The mineral estate is actually possessed when the adverse possessor mines or drills wells on the land.
Here, the neighbor purchased the mineral estate from the man, thereby severing the mineral estate from the surface estate. And since the woman merely lived on the property for the 10-year statutory period—she did not attempt to mine or drill a well on the mineral estate—she actually possessed only the surface estate during that time (Choice D). This means that the woman did not adversely possess the mineral estate, and the court is not likely to award her title to that estate.
(Choice B) Adverse possession of a mineral estate requires the commencement of drilling or mining operations. Merely signing a lease of the mineral rights is not enough.
(Choice C) A deed need not be recorded to be valid, so the neighbor's failure to record has no impact on whether the woman adversely possessed the mineral estate.
Educational objective:
If a mineral estate has previously been severed from the surface estate (ie, surface and minerals owned by different persons), then an adverse possessor can only acquire title to the mineral estate by actually possessing the minerals (eg, by mining or drilling wells).
A teenager was riding a bicycle when she saw a classmate walking toward her. The teenager rode quickly toward the classmate, knowing that he would think she would run into him on her current trajectory. The teenager was not purposefully trying to harm or touch him. The classmate saw the teenager riding toward him and yelled at her to stop. The teenager swerved at the last moment and avoided hitting him. The classmate had a panic attack because he thought that the teenager would hit him.
Is the classmate likely to succeed if he sues the teenager for assault?
- No, because the teenager did not make contact with the classmate.
- No, because the teenager did not purposefully try to harm or touch the classmate.
- Yes, because the teenager acted with the requisite intent.
- Yes, because the teenager's conduct was extreme and outrageous.
Explanation:
Assault occurs when (1) a defendant intends to cause the plaintiff to anticipate an imminent, and harmful or offensive, contact with the plaintiff's person and (2) the defendant's affirmative conduct causes the plaintiff to anticipate such contact. The intent requirement is met when the defendant acts with either:
- purpose – the desire to cause anticipation of an imminent harmful or offensive contact or
- knowledge – the substantial certainty that the plaintiff will suffer such anticipation.
Here, the teenager rode her bicycle directly at her classmate, causing him to think that she would hit him (anticipation of imminent contact). And since the teenager knew with substantial certainty that the classmate would think she would run into him, she acted with the requisite intent. As a result, the classmate is likely to succeed in a suit against the teenager for assault.
(Choice A) Assault merely requires that the plaintiff be placed in anticipation of imminent contact. Actual bodily contact is not required. Therefore, the fact that the teenager did not make contact with the classmate is irrelevant.
(Choice B) The intent to make contact with the plaintiff is a requirement for battery, but assault merely requires the intent to cause the plaintiff to anticipate imminent contact. Therefore, the fact that the teenager did not purposefully try to harm or touch the classmate does not absolve her of liability for assault.
(Choice D) Extreme and outrageous conduct (i.e., conduct that is unacceptable in civilized society) is an element of intentional infliction of emotional distress—not assault, which only requires intentional conduct.
Educational objective:
For assault, intent exists when a defendant acts with the purpose (desire) or knowledge (substantial certainty) that his/her conduct will cause the plaintiff to anticipate an imminent, and harmful or offensive, contact.
- Restatement (Third) of Torts: Intentional Torts to Persons § 105 (Am. L. Inst., Tentative Draft No. 1, 2015) (providing the elements for assault).
Take a look at a typical competitor sample question. Their practice questions might parody the exam, but ours consistently meet or exceed exam-level difficulty. Their limited explanations address the correct answer choice but do not go the extra mile to explain the wrong choices – so you don’t make the same mistakes on exam day.
A mother gave her land to her two kids, a son, and a daughter, as joint tenants. The son built two adjoining homes on the land. He lived in one house and rented the other. The daughter lived out of the country and never visited the land. The daughter needed money, so she sold her interest in the land to her ex-boyfriend. Her ex-boyfriend immediately hired a developer to build a third home on the land. Soon after the daughter had sold her interest in the land, she was killed in a motorcycle accident. The ex-boyfriend is now asking the court for a judicial partition of the land. The son contends that upon his sister's death, he was now the sole owner of the land.
How should the court rule?
- For the ex-boyfriend, because he plans to live on the land.
- For the ex-boyfriend, because he paid for the son’s interest in the land.
- For the son, because he has the right of survivorship.
- For the son, because he has the sole position of the land.
Explanation:
Correct answer: B
New York Bar Exam Scoring/Grading
The passing UBE score in New York is 266 out of 400. The total score is split between the written section of the test administered on day one, which consists of the MEE (30%) and the MPT (20%), and the 200 multiple-choice MBE administered on day two.
Each of the two sections of the UBE requires a 133 scaled passing score which combines to make a total scaled passing score of 266. However, this combined score is all that matters. For example, if you receive a 120 on the written section and a 146 on the MBE, you will receive a scaled passing score of 266.
Scaled scoring is used to ensure fairness across test versions using a statistical method known as equating. Your raw score is converted into a scaled score based on the relative difficulty of your exam, which a review committee determines. Therefore, a combined MEE and MPT raw score of 100 doesn't necessarily mean you've scored 100 scaled. Unfortunately, the NCBE does not release data on how the calculations transform raw scores into scaled scores.
| Exam Section | Weight | Score Range | Scaled Passing Score |
|---|---|---|---|
| MEE | 30% (5% per essay) | 20 - 80 |
133 |
| MPT | 20% (10% per section) | 20 - 80 | |
| MBE | 50% | 40-200 | 133 |
New York MPRE® Minimum Passing Score
The New York Multistate Professional Responsibility Exam's (MPRE®) minimum score is 85. A passing MPRE score is required to practice law in New York state. It is administered by the NCBE three times per year in March, August, and November. The MPRE measures performance with scaled scoring with a range of 50 to 150. While there is no complex data on exactly how raw scores are turned into scaled scores, it is recommended that students aim for a consistent score of at least 30 on their practice exams.
NY Bar Exam Pass Rates
As is common with bar exams across the United States, the New York Bar Exam's pass rate for repeaters is considerably lower than for those taking it for the first time. This is likely because many repeat takers don't substantially modify their study habits.
| Exam | Overall Pass Rate |
First-Timer Pass Rate |
Repeater Pass Rate |
Results Release Date |
|---|---|---|---|---|
| July 2023 | 66% | 76% | 29% | October 19 |
| Feb. 2023 | 40% | 56% | 31% | April 21 |
Below are the annual pass rates for the NY Bar Exam since 2015 divided into first-time examinees and repeaters:
| Exam | First Timers | Repeaters | Overall | |||
|---|---|---|---|---|---|---|
| Year | No Of Candidates | Pass Rate | No Of Candidates | Pass Rate | No Of Candidates | Pass Rate |
| 2022 | 9457 | 73% | 3220 | 27% | 12677 | 61% |
| 2021 | 7996 | 76% | 3391 | 23% | 11357 | 60% |
| 2020 | 6313 | 80% | 2400 | 29% | 8713 | 66% |
| 2019 | 9419 | 73% | 4781 | 30% | 14200 | 59% |
| 2018 | 9138 | 71% | 4300 | 23% | 13438 | 56% |
| 2017 | 9269 | 76% | 4825 | 33% | 14094 | 61% |
| 2016 | 9600 | 71% | 4890 | 30% | 14490 | 57% |
| 2015 | 10035 | 68% | 4633 | 29% | 14668 | 56% |
NY Bar Exam Results
It varies each year, but NY Bar Exam results are typically released in October for the July exam and in April for the February exam. You can check your results by visiting the NY BOLE website.
New York Bar Exam for Foreigners
Unlike most jurisdictions, NY permits foreign-trained attorneys to earn a NY Bar license. There are several differences in terms of the application for foreign-trained attorneys and LL.M. graduates. For detailed requirements see rule 520.6.
The application process itself is different for each foreign-trained applicant. It can take six months or more for the NY BOLE to process your application, so be sure to begin your application process early.
For applicants requiring an LL.M. to qualify for the bar exam, the deadlines are as follows:
| Exam | Documents | Deadline |
|---|---|---|
| February | Online Foreign Evaluation AND all Required Foreign Documentation |
May 1 of the year preceding the exam you wish to take. |
| July | Online Foreign Evaluation AND all Required Foreign Documentation |
November 1 of the year preceding the exam you wish to take. |
For applications qualifying for the NY bar without needing an LL.M. degree from a US law school, the deadlines are as follows:
| Exam | Documents | Deadline |
|---|---|---|
| February | Online Foreign Evaluation | November 30 |
| Required Foreign Documentation | February 1 | |
| July | Online Foreign Evaluation | April 30 |
| Required Foreign Documentation | June 15 |
What Makes the NY Bar Exam Unique?
NY’s rules provide for Admission on Motion, meaning that an attorney licensed in other jurisdictions can be admitted into the NY bar without taking the NY Bar Exam when they have been a member of any other bar of any state or territory of the United States in good standing for at least five of the seven years preceding application to the NY bar.
As mentioned above, NY has a jurisdiction-specific component that examinees must complete. Prior to admission, NY bar applicants must complete the New York Law Course (NYLC) and the New York Law Exam (NYLE).
The NYLE and NYLC:
The NYLC is an online, on-demand series of free lectures covering NY-specific law in Administrative Law, Business Relationships, Civil Practice and Procedure, Conflict of Laws, Contracts, Criminal Law & Procedure, Evidence, Matrimonial & Family Law, Professional Responsibility, Real Property, Torts, Trusts, and Wills and Estates.
It consists of approximately 17 hours of pre-recorded lectures with embedded questions that must be answered correctly before an applicant can continue viewing the lecture. Applicants are expected to watch, in good faith, each video in its entirety. The time spent watching each video in the NYLC will be electronically audited by the Board. The entire NYLC must be completed before applying for the NYLE.
The NYLE is a 50-question, multiple-choice, open-book, online exam. Each of the subjects covered in the NYLC will be tested on the NYLE. The NYLE may be completed up to one year prior to or within three years after taking the NY Bar Exam.
Applicants must score at least 30 out of 50 questions (60%) to pass the exam. Applicants who fail the NYLE will be required to retake both the NYLC and NYLE. The NYLE is typically offered four times a year (quarterly in March, June, September, and December).
| Upcoming NYLE Date | Registration/NYLC Deadline | ||
|---|---|---|---|
| April 11, 2024 | 12:00 PM ET | March 12, 2024 | 11:59 PM ET |
| September 19, 2024 | 12:00 PM ET | August 20, 2024 | 11:59 PM ET |
| December 19, 2024 | 12:00 PM ET | November 19, 2024 | 11:59 PM ET |
Contact Details of New York State Bar
| Contact the New York Bar | |
|---|---|
| Mailing Address |
New York State Board of Law Examiners |
| Phone | (518) 453-5990 |
| Fax | (518) 452-5729 |
| Hours | Monday - Friday 8:30 am - 4:30 pm Eastern Time |
