July 2023 Bar Exam Predictions

Are you preparing for the Bar Exam? With the July 2023 Uniform Bar Exam just around the corner, candidates are starting to feel curious as to what subjects might appear this year on the Multistate Essay Examination. Below are our July Bar Exam Predictions.

Please note that it is always challenging to accurately predict the specific subjects that will be tested on the bar exam and it is essential not to overlook or skip any topic while studying for the bar. These are observations and recommendations to review. These are not formal “predictions” of what will be tested. Please review our Bar Exam Materials for the highly tested topics and be careful not to ignore any subject! *

The Uniform Bar Exam is composed of the Multistate bar exam (MBE); the Multistate Performance Test (MPTs), which do not cover a specific area of law–rather, they test lawyerly skills; and also an essay portion, the Multistate Essay Exam (MEE). Below are the tested subjects on the MEE portion of the Uniform Bar Exam. Note: the Uniform Bar Exam tests the same subjects that the Multistate Essay Exam (MEE) tests.

MEE’s Analysis

For the essay portion, you will have six questions to answer in three hours (so 30 minutes/question).

1. Subjects Appearing on Past Subjects MEE (1995-2023)

The National Conference of Bar Examiners lists the following subjects as potential areas of law:

• Business Associations (Agency and Partnership; Corporations and Limited Liability Companies),
• Civil Procedure,
• Conflict of Laws,
• Constitutional Law,
• Contracts,
• Criminal Law and Procedure,
• Evidence,
• Family Law,
• Real Property,
• Torts,
• Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and
• Uniform Commercial Code (Secured Transactions).

As you can see from the chart above, the single most highly tested subject on the essay portion of the Uniform Bar Exam is Civil Procedure. The least tested is usually Conflict of Law.

2. July 2023 MEE Predictions

The highly tested subjects on the Uniform Bar Exam are the following:

• Civil Procedure (18 full essays plus 1 combined with another subject)
• Agency and Partnership (12 full essays plus 4 combined with another subject)
• Contracts (15 full essays)
• Secured Transactions (12 full essays)
• Real Property (12 full essays)
• Corporations and LLCs (10 full essays plus 4 combined with another subject)
• Evidence (9 full essays plus 3 combined with another subject)
• Trusts and Future Interests (9 full essays plus 3 combined with another subject)
• Decedents’ Estates (Wills) (8 full essays plus 4 combined with another subject)
• Constitutional Law (8 full essays plus 2 combined with another subject)
• Torts (7 full essays plus 3 combined with another subject)

The least tested subjects on the Uniform Bar Exam are the following (in order from most to the least):

• Family Law (9 full essays)
• Criminal Procedure (5 full essays plus 2 combined with another subject)
• Criminal Law (6 full essays plus 1 combined with another subject)
• Conflict of Laws (This is usually combined with Decedents’ Estates, Family Law, Civil Procedure, or Corporations/LLCs. It is not tested on its own.) (0 full essays, 6 essays combined with another subject)

Based on this, it is reasonable to believe that the following will be tested. Cautious: some students rely too much on predictions, so please remember that all subjects are fair game for the exam. The following list is just for fun: we might be right.. but we might be wrong too!

(1) Civil Procedure

Civil Procedure was most recently tested in February 2023. Although Civil Procedure has been tested on nearly every exam in the past, it only appeared on one of the five exams given in 2020. Due to the COVID-19 pandemic, five bar exams were administered in 2020 (February 2020, July 2020, two exams in September 2020, and a modified version of the exam in October 2020). Although Civil Procedure has not been tested as frequently as it was in the past, Civil Procedure is ripe for testing on the July 2023 UBE.

(2) Real Property

The most recent examination that included Real Property as a tested subject was in February 2023. In recent years, Real Property has followed a pattern of being tested on consecutive exams. Real Property questions often present more open-ended scenarios, requiring nuanced answers compared to some other subjects. Given these factors, Real Property is highly likely to be tested on the July 2023 UBE.

There are several Real Property issues that are particularly relevant and could be tested:

1. Adverse possession: Exploring the requirements and legal implications when someone gains ownership of property through adverse possession.
2. Implied warranty of fitness and habitability for new homes sold by a builder-seller: Understanding the responsibilities and liabilities of builder-sellers regarding the implied warranty of fitness and habitability for newly constructed homes.
3. Recording acts (common law versus a recording act): Examining the differences and consequences of common law versus statutory recording acts in property transactions.
4. Warranty deeds: Familiarizing oneself with the features and implications of warranty deeds in conveying real property.

By studying these Real Property issues, you will be well-prepared to tackle potential questions on the upcoming bar exam.

(3) Partnership

In the February 2021 bar exam, Partnership was tested alongside Agency, with the majority of the essay focusing on Agency issues. As a result, Partnership is highly likely to be tested on the upcoming July 2023 UBE. The last time Partnership was the primary focus of an essay was in October 2020, indicating the potential for a pure Partnership question or a combination of Agency and Partnership in the upcoming exam.

Several Partnership issues are particularly relevant and could be tested:

1. Limited liability of a new partner for obligations that existed prior to their admission into the partnership.
2. Dissolution of a partnership, exploring the various circumstances and legal implications surrounding partnership dissolution.
3. Liability considerations when a general partnership undergoes a transformation into a Limited Liability Partnership (LLP) or a Limited Partnership (LP).
4. Withdrawal from a partnership, examining the rights and obligations of partners when one partner decides to withdraw.

Studying these Partnership issues will help ensure readiness for the bar exam and a solid understanding of the subject matter.

(4) Family Law

The most recent administration that included Family Law as a tested subject was in July 2021. Since July 2012, Family Law has been consistently tested every two administrations or every other administration. While Family Law is typically tested as a standalone topic, there have been instances where it has been combined with Conflict of Laws. Considering this pattern, Family Law is highly likely to be tested on the upcoming July 2022 UBE.

In Family Law essay questions, a wide range of issues may be covered, including child custody, spousal support, premarital agreements, property division, the validity of common law marriage, the Uniform Interstate Family Support Act (UIFSA), and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is worth noting that examiners have consistently focused on UIFSA, UCCJEA, and other jurisdictional issues in recent exams. Therefore, it is crucial to have a strong understanding of these areas while preparing for the exam.

(5) Conflict of Laws

Conflict of Laws was last tested in July 2021, where it was combined with Corporations & LLCs—a unique combination never before seen on the Multistate Essay Examination (MEE). Conflict of Laws has never been tested as a standalone subject, commonly appearing in conjunction with Civil Procedure, Decedents’ Estates, or Family Law. It is crucial to thoroughly review Conflict of Laws, along with all potential MEE subjects, in preparation for the upcoming bar exam.

There are several Conflict of Laws issues that are particularly likely to be tested:

• When combined with Civil Procedure, topics such as the Klaxon rule and determining which state’s law applies in the case of a change of venue may be explored.

• When combined with Family Law, areas like common law marriage and the recognition of marriage validity between states may be assessed.

(6) Secured Transactions 

The most recent occurrence of Secured Transactions on the MEE was in February 2022. Traditionally, Secured Transactions has followed a pattern of being tested every other administration or consecutively on two administrations and then not appearing on the subsequent exam. Therefore, it is crucial to thoroughly review this subject, along with all potential MEE subjects, in preparation for the upcoming bar exam.

There are several Secured Transactions issues that are particularly relevant and likely to be tested:

1. Account debtors: This involves the rights and obligations of parties involved in transactions with account debtors.
2. Buyer not in the ordinary course of business: Understanding the implications and legal considerations when a buyer is not conducting transactions in the ordinary course of business.
3. Consumer-to-consumer transactions: Exploring the specific regulations and rules applicable to transactions between consumers.
4. Default and foreclosure via self-help: Examining the procedures and legal requirements for default and foreclosure processes carried out by a creditor without court involvement.
5. Priority (first to file or perfect; perfected security interest takes priority over an unperfected security interest): Understanding the rules regarding priority in secured transactions, including the importance of filing or perfecting security interests.

* The International Lawyer makes NO WARRANTIES or GUARANTEES as to what subject areas and/or legal rules the National Conference of Bar Examiners or any other bar examiners will test on the upcoming UBE/MEE or any future examinations. Please review our Bar Exam Materials for the highly tested topics and be careful not to ignore any subject!

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