The Frequently Tested Subjects on the MBE, Part 2

The Bar Examiners frequently test the same areas over and over again. Part of your preparation for the bar exam is knowing the areas in which the Bar Examiners like to test. Here are some of the more heavily tested areas on the Multistate.


Torts on the bar exam emphasizes negligence, just like in law school. Of course, negligence comes in many shapes and hues, including negligence per se, res ipsa loquitur and differing standards of care.


When you think of evidence the only thing that should be ringing in your ears is the word hearsay. The vast expense of hearsay requires knowledge of what out-of-court assertions are not hearsay, as well as what statements fall within the exceptions. The Best Evidence Rule is on the exam, but not a highlight for examiners.

Criminal Law and Procedure

 It is important to know search and seizure issues from the Fourth Amendment as well as Miranda issues from the Fifth Amendment and right to counsel issues from the Sixth Amendment. Also focus on common law crimes, such as criminal homicide.

Federal Civil Procedure

Settlements, TROs, Discovery, Appeals, Default Judgments, Subject Matter Jurisdiction and Diversity, Jury and Bench Trials, Venue, Interpleader, Rule 11, Cross and Counter Claims, Personal Jurisdiction, Motions to Dismiss, and Judicial Notice.

The MBE Testing Institute knows that taking the bar exam as a repeat taker can be an isolating experience. The MBE Testing Institute helps the student keep motivated and confident through interaction with an MBE Testing Institute’s bar tutor.

If you need help passing the MBE, contact the MBE Testing Institute at for more information.