The Multistate Bar Exam (MBE) is the multiple-choice section of the Uniform Bar Exam that includes 200 questions. Previously, out of those 200 multiple-choice questions, 10 were pretest questions, which meant that only 190 of the questions that candidates answered actually counted toward their final score.
Incorporating pretest questions on the exam let the National Conference of Bar Examiners know how useful those questions would be on future bar exams. Starting with the 2017 February Bar Exam the number of pretest questions is increasing. The content that the MBE will cover is also going to change. So, if you plan on taking or retaking the February bar exam (or any bar exam after that), here is what you should know:
The MBE now has 175 graded questions and 25 experimental questions. Like previous bar exams, you will not know which ones are the pretest questions. Therefore, you must treat every question as if it will count toward your final score. But with fewer questions being graded, each question will count more. This means answering them all correctly has become much more important.
Because each multiple-choice question will have more impact on your final score, you should practice as many multiple-choice questions as you can beforehand. By honing your test taking, analytical and process-of-elimination skills, you’ll learn the language that the bar exam uses, and you'll be able to spot correct (and incorrect) answers more easily.
Besides a revised grading format, new topics will also be on the MBE, some will be modified and a few will be dropped.
The new topics include:
- Conflicts of law
- Property owners’ associations
- Common interest ownership communities
- Drafting, review and negotiation of closing documents
- Persons authorized to execute real estate documents
Minor modifications include:
- Providing specific examples of rules affecting future interests
- Including security deposits in termination of tenancies
- Providing more detailed zoning
- Including transfers of restrictive covenants
- Transfers of easements, profits and licenses
- Acceleration of loans before foreclosure
Real Property topics will no longer include:
- Application of Article 9 of the Uniform Commercial Code to fixtures
- Abatement of devises