MBE Frequency Chart
To simplify your MBE studying, below is a frequency breakdown of each Subject and Sub-topic tested on the MBE compiled from the most recent MBE Subject Matter Outline (the official MBE scope outline released by the NCBE). 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 will still show up on your exam.
|I. Jurisdiction and Venue|
|II. Law Applied by Federal Courts|
|III. Pretrial Procedures|
|IV. Jury Trials|
|VI. Verdicts and Judgments|
|VII. Appealability and Review|
|Total Scored Questions: Civil Procedure|
|I. The Nature of Judicial Review|
|II. The Separation of Powers|
|III. The Relation of Nation and States in a Federal System|
|IV. Individual Rights|
|Total Scored Questions: Constitutional Law|
|I. Formation of Contracts|
|II. Defenses to Enforceability|
|III. Contract Content and Meaning|
|IV. Performance, Breach, and Discharge|
|VI. Third-Party Rights|
|*1/4 of all questions will be based on UCC Article 1 and 2|
|Total Scored Questions: Contracts|
|Criminal Law & Procedure|
|II. Other Crimes|
|III. Inchoate Crimes; Parties|
|IV. General Principles|
|V. Constitutional Protection of Accused Persons|
|Total Scored Questions: Criminal Law & Procedure|
|I. Presentation of Evidence|
|II. Relevancy and Reasons for Excluding Relevant Evidence|
|III. Privileges and Other Policy Exclusions|
|IV. Writings, Recordings, and Photographs|
|V. Hearsay and Circumstances of its Admissibility|
|Total Scored Questions: Evidence|
|I. Ownership of Real Property|
|II. Rights in Real Property|
|III. Real Estate Contracts|
|IV. Mortgages/Security Devices|
|Total Scored Questions: Real Property|
|I. Intentional Torts|
|III. Strict Liability and Products Liability|
|IV. Other Torts|
|Total Scored Questions: Torts|
|Total Scored Questions: All 7 Subjects|
|Total Unscored Questions*|
*Note, the additional 25 unscored pretest questions may be from any of the seven subject areas.
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