MBE Frequency Chart

To simplify things for you, below is a chart we made with the frequency breakdown of each Subject and Sub-topic tested on the MBE taken from the most recently released MBE Subject Matter Outline. The chart also spells out how many questions will come from each Sub-topic category.

Remember, the Sub-topic categories within each Subject area are NOT created equal, as some are tested in a higher percentage than others.

To optimize your MBE performance, you can use this chart to prioritize your studying by focusing on the HIGHLY tested MBE topics more than the lesser tested topics. Just don’t ignore the lesser tested Sub-topic areas, as they may still show up on your exam.

Subject
Sub-Topic Category
Ratio Tested
% Tested
# of
Scored
Questions
Civil Procedure
I. Jurisdiction and Venue
2/9
22.2%
5 or 6
II. Law Applied by Federal Courts
1/12
8.3%
2 or 3
III. Pretrial Procedures
2/9
22.2%
5 or 6
IV. Jury Trials
1/12
8.3%
2 or 3
V. Motions
2/9
22.2%
5 or 6
VI. Verdicts and Judgments
1/12
8.3%
2 or 3
VII. Appealability and Review
1/12
8.3%
2 or 3
Total Scored Questions: Civil Procedure
25
Constitutional Law
I. The Nature of Judicial Review
1/6
16.7%
4 or 5
II. The Separation of Powers
1/6
16.7%
4 or 5
III. The Relation of Nation and States in a Federal System
1/6
16.7%
4 or 5
IV. Individual Rights
1/2
50.0%
12 or 13
Total Scored Questions: Constitutional Law
25
Contracts
I. Formation of Contracts
1/4
25.0%
6 or 7
II. Defenses to Enforceability
1/8
12.5%
3 or 4
III. Contract Content and Meaning
1/8
12.5%
3 or 4
IV. Performance, Breach, and Discharge
1/4
25.0%
6 or 7
V. Remedies
1/8
12.5%
3 or 4
VI. Third-Party Rights
1/8
12.5%
3 or 4
*1/4 of all questions will be based on UCC Article 1 and 2
Total Scored Questions: Contracts
25
Criminal Law & Procedure
I. Homicide
1/8
12.5%
3 or 4
II. Other Crimes
1/8
12.5%
3 or 4
III. Inchoate Crimes; Parties
1/8
12.5%
3 or 4
IV. General Principles
1/8
12.5%
3 or 4
V. Constitutional Protection of Accused Persons
1/2
50.0%
12 or 13
Total Scored Questions: Criminal Law & Procedure
25
Evidence
I. Presentation of Evidence
1/4
25.0%
6 or 7
II. Relevancy and Reasons for Excluding Relevant Evidence
1/3
33.3%
8 or 9
III. Privileges and Other Policy Exclusions
1/12
8.3%
2 or 3
IV. Writings, Recordings, and Photographs
1/12
8.3%
2 or 3
V. Hearsay and Circumstances of its Admissibility
1/4
25.0%
6 or 7
Total Scored Questions: Evidence
25
Real Property
I. Ownership of Real Property
1/5
20.0%
5 or 6
II. Rights in Real Property
1/5
20.0%
5 or 6
III. Real Estate Contracts
1/5
20.0%
5 or 6
IV. Mortgages/Security Devices
1/5
20.0%
5 or 6
V. Titles
1/5
20.0%
5 or 6
Total Scored Questions: Real Property
25
Torts
I. Intentional Torts
1/6
16.7%
4 or 5
II. Negligence
1/2
50.0%
12 or 13
III. Strict Liability and Products Liability
1/6
16.7%
4 or 5
IV. Other Torts
1/6
16.7%
4 or 5
Total Scored Questions: Torts
25
TOTAL SCORED QUESTIONS: ALL SUBJECTS
175

*Note, the additional 25 unscored pretest questions may be from any of the seven subject areas.