MBE Frequency Chart

For the Multistate Bar Exam (MBE)

February 2022 Edition

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The SmartBarPrep MBE Frequency Chart (hereinafter “Study Guide”) is

designed to assist you in studying for the Multistate Bar Exam (MBE) and the
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Table of Contents

Description Page

MBE Question Breakdown........................................................................................................................ 1

MBE Frequency Chart ................................................................................................................................ 3

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 MBE Frequency Chart 1

What You’ll Learn

 Format & Number of MBE Questions – scored vs. unscored questions
 MBE Test Day Sessions – time and how many questions per session
 How Much Time to Spend Per MBE Question
 The 7 Subjects Tested on the MBE

Format & Number of MBE Questions

200 Multiple-Choice
Questions

25 Unscored Pretest
175 Scored Questions
Questions

*The unscored questions are indistinguishable and distributed evenly, so you must answer ALL 200
questions.
questions

MBE Test Day

The number MBE questions per session depends on if your jurisdiction is administering the exam
remotely or in-person.

In-person bar exam jurisdictions use two 3-hour sessions with 100 MBE questions per session.

In-Person Exam Jurisdictions

MBE Test Day – Two 3-hour Sessions

MBE Session # 1 3 Hours 100 Questions

MBE Session # 2 3 Hours 100 Questions

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 MBE Frequency Chart 2

Remote bar exam jurisdictions use four 90-minute sessions with 50 MBE questions per session.

Remote Exam Jurisdictions

MBE Test Day – Four 90-minute Sessions

MBE Session # 1 1.5 Hours 50 Questions

MBE Session # 2 1.5 Hours 50 Questions

MBE Session # 3 1.5 Hours 50 Questions

MBE Session # 4 1.5 Hours 50 Questions

Timing & Pace

To finish all MBE questions within each session, you have 1.8 minutes (1 minute 48 seconds) per
question.
question

Subjects Tested on the MBE

Seven (7) Subjects are Tested on the MBE, with 25 scored questions from each subject area:
area

 Civil Procedure1
 Constitutional Law
 Contracts
 Criminal Law & Procedure
 Evidence
 Real Property
 Torts
*Note, the additional 25 unscored pretest questions may be from any of the seven subject areas.

1
Civil Procedure was added to the MBE in February 2015.

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 MBE Frequency Chart 3

To simplify your MBE studying, below is a frequency breakdown of each Subject and Sub- 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.

Ratio # of Scored
Subject Sub-Topic Category % Tested
Tested 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
1/6 16.7% 4 or 5
Federal System
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

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 MBE Frequency Chart 4

Ratio # of Scored
Subject Sub-Topic Category % Tested
Tested Questions

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
1/3 33.3% 8 or 9
Relevant Evidence
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 7 Subjects 175

Total Unscored Questions* 25

Total # of MBE Questions 200

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

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 OUR STUDY TOOLS
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