UBE® vs MBE®
Understand the Difference Between the Exams
The Uniform Bar Examination (UBE®) was developed by the National Conference of Bar Examiners (NCBE®) to increase bar exam score portability between participating jurisdictions. The UBE consists of three components: the Multistate Essay Examination (MEE®), the Multistate Performance Test (MPT®), and the Multistate Bar Examination (MBE®).
There are many bar exams and bar exam components and their many acronyms may confuse first year law students. This article will discuss key differences between the UBE and MBE, including their structure and format, rules regarding score transfer, and costs.
What Exactly are the UBE and MBE?
The MBE and UBE are not necessarily different exams. Rather, the MBE is a component of the UBE. All UBE jurisdictions administer the MBE, but even non-participating jurisdictions use the MBE (except Louisiana and Puerto Rico).
Why were the UBE and MBE formed by NCBE?
The UBE and MBE represent the culmination of centuries of measuring an individual's competence and character before empowering them to practice law.
At the close of the 18th century, the first US bar examinations were administered in oral form after a period of study under a lawyer or judge. From 1870 to the 1920s, bar admission was typically granted following graduation from a law school and without examination. Wanting a more meritocratic system, many state boards and the ABA began implementing standardized testing, and eventually, the MBE and the UBE were developed.
Uniform Bar Examination
The UBE was created by the NCBE in 2011 to standardize bar examinations across the US and streamline interstate score portability. Missouri and North Dakota were the first to administer the UBE, but it has since been adopted by a total of 41 jurisdictions and endorsed by the American Bar Association (ABA) in 2016.
The UBE assesses various competencies through its three different components. Each component offers examinees an opportunity to display their legal knowledge and demonstrate the skills required to practice law.
Multistate Bar Exam
Graduation from a law school initiated automatic admission to the bar for much of the late 19th and early 20th centuries. In the 1920s, the ABA and various state boards retaliated against a system that they saw as championing institutional prestige over practical merit. This backlash against "diploma privilege" developed over the decades, and in 1972 the NCBE introduced its first multiple-choice exam covering key areas of law.
Today, the MBE continues to test an examinee's ability to reason through a given fact pattern using fundamental legal principles.
It’s not watching lengthy video lectures or reading textbooks. It’s practicing with real MBE questions!
Which Jurisdictions have Adopted UBE & MBE?
All jurisdictions that have adopted the UBE administer the MBE, but not all jurisdictions that administer the MBE have adopted the UBE. Remember that the MBE is a component of the UBE. However, some states use the MBE as a supplement component to their state bar exam while rejecting the MEE and MPT.
To date, 41 jurisdictions have adopted the UBE (39 states), while nearly every jurisdiction administers the MBE, with the exception of Louisiana and Puerto Rico.
UBE vs MBE - Exam Structure, Topics, and Costs
The MBE typically falls under the umbrella of exams known as the UBE. The sections below provide a blueprint for the structure of these exams and enumerate the subjects covered by each.
UBE Structure, Subjects, and Cost
While the weightage, format, and subject matter of the UBE is uniform throughout participating jurisdictions, each state has a unique fee schedule. Check with your state's Board of Bar Examiners or Supreme Court, as UBE fees and deadlines can vary dramatically between jurisdictions.
| UBE Structure and Subjects | |||
|---|---|---|---|
| Component | Weightage | Format | Subjects |
| MEE | 30% | Six 30-minute essay questions administered over one 3-hour session | Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts and Sales,
Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates, Secured Transactions |
| MPT | 20% | Two 90-minute tasks that simulate real-world lawyering assignments | Covers application of legal reasoning over pure knowledge |
| MBE | 50% | 200 multiple-choice questions administered over two 3-hour sessions | Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Torts |
MBE Structure, Subjects and Cost
The MBE is typically administered over two 3-hour sessions on the second day of the bar exam. Note that only 175 of the 200 multiple-choice questions are graded. The remaining 25 are pilot questions for future exams. However, there is no way of knowing which questions will be graded, so it's important to answer each carefully.
As with the UBE, fees, and deadlines for the MBE vary from state to state. However, every state uses the MBE to test an examinee's knowledge of the following MBE subjects.
- Civil Procedure
- Constitutional Law
- Contracts
- Criminal Law and Procedure
- Evidence
- Real Property
- Torts
UBE vs MBE Score Portability
UBE scores are portable, meaning they can be transferred to participating UBE jurisdictions. However, each jurisdiction dictates its own minimum UBE passing scores. Your passing score must reflect the minimum passing score of the jurisdiction to which you wish to transfer to be admitted to that jurisdiction's bar.
Transferring MBE scores from UBE to non-UBE jurisdictions
MBE score portability is a bit more complicated. If a jurisdiction administers the MBE but has not adopted the UBE, your ability to transfer your score depends on that jurisdiction's rules. The same is true if you've taken the MBE as a component of the UBE and wish to transfer to a non-UBE jurisdiction.
The following jurisdictions accept transferred MBE scores:
| Alabama | Florida | Idaho | Indiana |
| Illinois | Kansas | Kentucky | Michigan |
| Minnesota | Mississippi | Missouri | Northern Mariana Islands |
| Oklahoma* | Palau | South Dakota | Virgin Islands |
| Virginia | West Virginia | Wisconsin | - |
Contact jurisdictions directly for details and up-to-date information, including fees, maximum scores, ages, and transfer eligibility.
UBE vs MBE: Key Differences
The key differences between the UBE and MBE are summarized in the table below.
| UBE vs MBE: Key Differences | ||
|---|---|---|
| Details | UBE | MBE |
| Introduction | 2011 | 1972 |
| Format | Consists of three components administered over two days. | 200 multiple choice questions administered over two 3-hour sessions. |
| Subjects | In addition to all MBE subjects: Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts and Sales, Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates, Secured Transactions |
Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Torts |
| Participating Jurisdictions | 41 | All US States except Louisiana and Puerto Rico |
| Score Portability | Yes - to other UBE jurisdictions depending on the admission criteria | MBE scores can be transferred to other states via MBE score services |
