The Multi-State Bar Examination is a six-hour, two-hundred question multiple choice examination that test on the following six topics: Contracts, Constitutional Law, Criminal Law, Evidence, Property, and Torts. There are 34 questions on contracts and torts law and 33 questions on each of the remaining topics, with the topics dispersed randomly throughout the questions for the day. The test is developed by the National Conference of Bar Examiners, which provides information about, and practice questions from, the MBE Information Booklet.
The Bar Examination
The bar examination in every jurisdiction is at least a two-day examination administered in late July (and also in mid-February) of every year. In every jurisdiction except Louisiana, Washington, and Puerto Rico, one of the two days is for the Multi-State Bar Examination, a six-hour, two-hundred question multiple choice examination. The second day everywhere consists of essay questions on a variety of legal topics and, in an increasing number of jurisdictions, the Multi-state Performance Test. What follows is general information about the bar examination (the Multi-State, the Essay section, and the Multi-State Performance test), followed by specific information about the bar examination in three jurisdictions, Connecticut, Massachusetts and New York. Since states can and do change the format, length and subjects tested on their examinations, you must check with your particular state for accurate, up-to-date, state-specific information on the content of that state’s bar examination for that examination period.
The Multi-State
You will notice that, as part of your legal studies at Western New England College School of Law, you will have taken a required course on each of the six topics tested on the multi-state bar examination. However, you should also know the multi-state bar examination tests on some material not covered in our required courses. The Constitutional Law questions test on First Amendment and Federal Courts issues; the Contracts section includes more Sales/UCC Article 2 questions than are typically covered in our required Contracts course. The Criminal Law multi-state section tests both substantive criminal law and material covered in our Criminal Procedure: Investigations course. The Evidence questions cover Privileges, Presumptions and Expert Witnesses, as well as Relevance, Character, Impeachment and Hearsay. The Property section includes questions on conveyancing and mortgages. In addition to intentional torts and negligence, the Torts section include questions on strict liability, products liability and various torts including defamation, misrepresentation and interference with business relationships. A detailed explanation of the specific issues covered under each topic is provided in a section called “Subject Matter Outlines"; click on National Conference of Bar Examiners webpage and select "The Multistate Bar Examination" and then "MBE Subject Matter Outlines."
The Essay Examination
Every state has an essay examination for all or part of one day of the bar examination. The essay questions are typically short (as compared with law school essay questions) and involve problems that cut across several subject matter areas. Many states are now posting their past essay questions on-line, and some states are also listing model answers. See, e.g., New York and Connecticut.
Each state selects its own topics for the Essay section, and you should consult the jurisdiction in which you plan to take the bar for specific guidance. Notwithstanding this state-by-state variation, most states regularly test on the following subjects: civil procedure, commercial paper/payment systems, conflict of laws, corporations (and partnerships), family law, professional responsibility, remedies, secured transactions, taxation, and trusts & estates, as well as the six topics covered on the multi-state examination.
Fourteen states and the District of Columbia now use the Multi-State Essay Exam (MSEE), developed by the National Board of Bar Examiners. The MSEE is a three-hour test with six essay questions and tests on the following subjects: Agency and Partnership, Commercial Paper, Conflict of Laws, Corporations, Decedents' Estates, Family Law, Federal Civil Procedure, Sales, Secured Transactions, and Trusts and Future Interests. For further information, click on the National Conference of Bar Examiners webpage and select "The Multistate Essay Examination."
Multi-State Performance Test (MPT)
An increasing number of states (nearly 30, including Maine, New Jersey, New York, Rhode Island and Vermont) are now using the Multistate Performance Test (MPT) as part of their bar examination. This test presents one or more 90-minute skills questions covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and client communication.
The MPT uses a case file consisting of factual documents like written summaries of client interviews, police reports and contracts, as well as case law and statutes. Some of the factual documents, and laws presented are ambiguous, conflicting or irrelevant. The case files are approximately fifteen pages in length. The test taker has 90 minutes in which to read and digest the material and to perform the appointed task, whether it be drafting a persuasive memo, writing an objective opinion letter to a client, or drafting a settlement proposal, discovery plan or closing argument. The MPT is further described by the National Conference of Board Examiners.
Multi-State Professional Responsibility Exam (MPRE)
All jurisdictions (except Maryland and Washington, which test on professional responsibility with essay questions) require passage of the MPRE, a 50-question, two-hour multiple choice examination on the rules of professional responsibility. The MPRE is given nationwide three times per year. Most students take it prior to graduation. Some jurisdictions (including Massachusetts) have made MPRE passage a condition precedent to sitting for the bar examination.
Bar Exam In Massachusetts, Connecticut and New York
Massachusetts
The Massachusetts bar examination consists of the multi-state examination on one day and an essay examination on the other day. The Massachusetts essay examination consists of ten essay questions covering the following possible topics: Agency, business organizations, federal and Massachusetts civil procedure, Descent and Distribution of Estates, domestic relations, professional responsibility, trusts, unfair and deceptive practices (Mass. Chapter 93A), Uniform Commercial Code (articles 1-9), Wills, and the six topics covered on the multi-state examination. Questions from past essay examinations are provided by the Commonwealth of Massachusetts Board of Bar Examiners.
Connecticut
Connecticut uses both the multi-state and essay examination. The Connecticut essay examination consists of 12 questions covering the following possible topics: Administrative Law, Business Entities, Conflict of Laws, State Constitutional Law, Professional Responsibility, Uniform Commercial Code (articles 1-9), Trust/Wills/Estates, and the six topics covered on the multi-state examination. Copies of past Connecticut essay questions and answers are provided by the Connecticut Bar Examining Committee.
New York
The New York examination involves the multi-state examination on one day and five essay questions, 50 multiple choice questions and one Multi-State Performance Test question on the second day. The New York essay and multiple choice questions cover the following possible topics, as discussed more fully in the attached report: Business Relationships, Conflict of Laws, New York Constitutional Law, Criminal Procedure, Family Law, Remedies, New York and Federal Civil Jurisdiction and Procedure, Professional Responsibility, Trusts, Wills and Estates including Estate Taxation, and UCC Articles 2, 3, and 9. The essay questions typically involve more than one subject. Copies of past New York essay questions and answers are provided by the New York State Board of Law Examiners. There is good information about the New York exam at this web site, Seperac.com: Advice for the New York Bar Exam.