MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Civil Procedure MCQs
Jurisdiction & Venue; Pretrial Procedures; Motions
Law Applied by Federal Courts; Jury Trials;
Verdicts & Judgments; Appealability & Review
15-16 Questions 8-10 Questions
Jurisdiction & Venue Law Applied by Federal Courts
• Subject-Matter Jurisdiction • State Law in Federal Court
• Personal Jurisdiction • Federal Common Law
• Service and Notice
Jury Trials
• Venue, Forum Non Conveniens, and
Transfer • Right to Jury Trial
• Jury Selection and Composition
Pretrial Procedures • Request for and Objections to
• Preliminary Injunctions and Temporary Jury Instructions
Restraining Orders
• Pleadings Verdicts & Judgments
• Rule 11 • Defaults and Dismissals
• Joinder • Verdicts
• Discovery • Findings and Conclusions
• Adjudication without Trial • Claim and Issue Preclusion
• Pretrial Conference and Order
Appealability & Review
Motions • Availability
• Pretrial • Final Judgment Rule
• Motions for Judgment as Matter of Law • Scope of Review
• Posttrial
MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Constitutional Law MCQs
Individual Rights
Judicial Review; Separation of Powers;
Relation of the Nation & State in the Federal System
12-13 Questions 12-13 Questions
Individual Rights Judicial Review
• State Action • Organization and Relationship
• Due Process of State and Federal Courts
• Equal Protection • Jurisdiction
• Takings • Judicial Review in Operation
• Other Protections
Separation of Powers
• Congress
• President
• Inter-branch Relationships
Relation of the Nation & State in the
Federal System
• Inter-government Immunities
• Limits on State Authority
MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Contracts & Sales MCQs
Formation of Contracts; Performance, Breach, and Discharge
Defense & Enforceability; Contract Content & Meaning;
Remedies; Third-Party Rights
12-13 Questions 12-13 Questions
Formation of Contracts Defense and Enforceability
• Mutual Assent • Incapacity
• Indefiniteness and Absence of Terms • Duress/Undue Influence
• Consideration • Mistake
• Enforceable Obligations • Fraud, Misrepresentation, and Nondisclosure
• Modification • Illegality, Unconscionability, and Public Policy
Performance, Breach, and Discharge • Statute of Frauds
• Condition Contract Content and Meaning
• Excuse • Parol Evidence
• Breach • Interpretation
• Good Faith and Fair Dealing • Omitted and Implied Terms
• Express/Implied Warranties
• Other Performance Matters Remedies
• Impossibility, Impracticability, Frustration • Expectation
of Purpose • Causation, Certainty, and Foreseeability
• Discharge of Duties • Liquidated Damages and Limitation of Remedies
• Mitigation
• Rescission and Reformation
• Specific Performance and Injunction
• Reliance and Restitution
• Remedial Rights of Breaching Parties
Third-Party Rights
• Third-Party Beneficiaries
• Assignment and Delegation of Duties
MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Criminal Law & Criminal Procedure MCQs
Constitutional Protections of Accused Persons
Homicide; Other Crimes; Inchoate Crimes & Parties to a Crime;
General Principles
12-13 Questions 12-13 Questions
Constitutional Protections of Accused Persons Homicide
• Arrest, Search, and Seizure • Intended Killings
• Confessions and Self-Incrimination • Unintended Killings
• Line-ups and Identification Other Crimes
• Right to Counsel
• Fair Trial and Guilty Pleas • Theft and Receiving Stolen Goods
• Double Jeopardy • Robbery
• Cruel and Unusual Punishment • Burglary
• Burdens of Proof and Persuasion • Assault and Battery
• Appeal and Error • Rape; Statutory Rape
• Kidnapping
• Arson
• Possession Offenses
Inchoate Crimes & Parties to a Crime
• Inchoate Offenses
• Parties to a Crime
General Principles
• Acts/Omissions
• State of Mind
• Responsibility (Mental Disorders/Intoxication)
• Causation
• Justification/Excuse
• Jurisdiction
MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Evidence MCQs
Presentation of Evidence
Relevancy & Reasons for Excluding Relevant Evidence
Hearsay
Privileges and Other Policy Exclusions; Writings, Recordings,
and Photographs
6 Questions 6 Questions 5 Questions
Presentation of Evidence Hearsay Privileges & Other Policy Exclusions
• Introduction of Evidence • Definition • Spousal Immunity and
• Presumptions • Present Sense Marital Communications
• Mode and Order Impression and Excited • Attorney-Client and Work
• Impeachment, Utterances Product
Contradiction, and • Statements of Mental, • Physician/
Rehabilitation Emotional, or Physical Psychotherapist-Patient
• Proceedings to Which Condition • Other Privileges
Evidence Rules Apply • Statements for Medical • Insurance
Diagnosis/Treatment • Remedial Measures
8 Questions • Past Recollection • Compromise, Payment of
Recorded Medical Expenses, Plea
• Business Records Negotiations
Relevancy & Reasons for • Public Records/Reports • Past Sexual Conduct of
Excluding Relevant Evidence • Learned Treatises Victim
• Probative Value • Former Testimony, Writings, Recordings, and
• Authentication/ Depositions
Photographs
Identification • Statements Against
• Character Interest • Requirements of Original
• Expert Testimony • Other Exceptions • Summaries
• Real, • Right to Confront • Completeness Rule
Demonstrative, and Witnesses
Experimental
Evidence
MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Real Property MCQs
Ownership of Real Property
Mortgages/Security Devices
Real Estate Contracts
Titles
Rights in Real Property
5 Questions 5 Questions 5 Questions
Ownership of Real Property Real Estate Contracts Rights in Real Property
• Present/Future Interest • Real Estate Brokerage • Restrictive Covenants
• Cotenancy • Creation and Construction • Easements, Profits,
• Landlord/Tenant • Marketability of Title and Licenses
• Special Problems • Equitable Conversion • Fixtures
RAP • Options and Rights of First • Zoning
Alienability, Descendibility, Refusal
and Devisability • Fitness and Suitability
Fair Housing/Discrimination • Merger
Conflicts of Law
5 Questions 5 Questions
Mortgages/Security Titles
Devices • Adverse Possession
• Types • Transfer by Deed
• Security • Transfer by Operation
Relationships of Law and Will
• Transfers • Title Assurance
• Discharge of the Systems
Mortgage • Special Problems
• Foreclosure
MBE ®
BREAKDOWN
*BASED ON NCBE® GUIDELINES
Torts MCQs
Negligence
Intentional Torts; Strict & Products Liability; Other Torts
12-13 Questions 12-13 Questions
Negligence Intentional Torts
• Duty • Harm to Persons and Property
• Standard of Care • Defenses
• Proof of Fault and Res Ipsa Loquitur Strict & Products Liability
• Causation
• Limitations on Liability • Abnormally Dangerous Activities
• Liability for Acts of Others • Products (Manufacture and Distribution)
• Defenses Other Torts
• Nuisance and Defenses
• Defamation, Invasion of Privacy, Defenses,
and Constitutional Limitations
• Misrepresentation and Defenses
• Intentional Interference with Business
Relations and Defenses
