The Smart Guide To The MBE
The Smart Guide To The MBE
Smart study tools that simplify and optimize your bar exam prep
by helping you learn faster, practice more effectively, and priori-
tize the highly tested topics & rules.
1. Prioritize
Color-coded Priority Outlines, Attack
Sheets, & Frequency Charts to streamline
the mountain of information you need to
know for the bar exam.
2. Optimize
Smart flashcards that use cognitive
science & adaptive learning to acceler-
ate the learning experience. Printable
flashcards are also available.
3. Practice
Real questions licensed from the bar ex-
aminers along with our smart strategy to
practice more effectively for the Essays,
MBE, and PT’s.
The MBE is the key to passing the bar exam, but most advice makes studying complicated.
Our goal at SmartBarPrep is to simplify the studying process… so we created this guide
breaking down the MBE into simple parts with strategies and tips to master the exam.
Everything in this guide is based upon our work with thousands of examinees, constant
research, and what really works to achieve a high MBE score. The creator of SmartBarPrep
scored in the top 5% on the MBE (a 171.1 scaled score – see here), and we want you to do
the same or better!
Ready to start?
Chapter 01 1
Format & Overview of the MBE
Chapter 02 3
MBE Scope and Topics Tested (with a Chart of the # of Questions
per Subject & Sub-Topic)
Chapter 03 7
Applicable Law on the MBE
Chapter 04 9
MBE Testing Fundamentals
Chapter 05 10
Structure of MBE Questions & Answer Choices
Chapter 06 12
A Step-by-Step Approach on How to Study & Prepare for the MBE
(with 10 MBE Study Tips)
Chapter 07 21
What MBE Practice Questions to Use & Where to Find Them
(including Free MBE Question Sets)
Chapter 08 24
5 MBE Test Day Tips & Strategies to Maximize Your Score
Chapter 09 29
MBE Scoring
Chapter 10 33
Congratulations! Here’s what to do next
MBE Format
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.
To finish 100 MBE questions within each 3-hour session, you have 1.8 minutes (1 minute
48 seconds) per question.
Seven (7) Subjects are Tested on the MBE, with 25 scored questions from each subject
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.
The official MBE Subject Matter Outline is a document you MUST read!
The MBE Subject Matter Outline is prepared and released by the drafters of the exam, the
National Conference of Bar Examiners (“NCBE”), and indicates the MBE’s scope of
coverage.
The 2019 MBE Subject Matter Outline can be found here or here.
Take the time to familiarize yourself with this document. It outlines the scope of topics
tested for each Subject Area and spells out how many questions will come from each
Topic-Category. As an example, the section for Constitutional Law specifies that:
These are important “clues” that you should use to prioritize your studying (i.e. focusing
on Individual Rights more than other topics when studying Constitutional Law).
To simplify things for you, below is a chart we made with the breakdown of each subject
and sub-topic taken from the most recently released MBE Subject Matter Outline.
Constitutional Law
Contracts
Evidence
Real Property
Torts
*Note, the additional 25 unscored pretest questions may be from any of the seven subject
areas.
In addition to the scope, the MBE Subject Matter Outline also gives “instructions” as to
what rules/statutes apply for specific subject areas. For example, it specifies to assume
that joint and several liability with pure comparative negligence applies for Torts questions
(unless noted otherwise).
2
See, http://www.ncbex.org/exams/mbe/preparing/
Other than the above, assume that there is NO applicable statute unless otherwise
noted in the question.
You MUST KNOW these default MBE instructions going into the exam, as they could dictate
the applicable rules of law, and thus could affect which answer you choose. This is
especially true for Torts questions, where the examiners have stated the default rules to
apply (i.e. comparative negligence, joint and several liability).
Below are key aspects of the MBE that every examinee must know when taking the exam.
• Choose the BEST answer choice (and choose only one answer per question).
Multiple answer selections will result in an incorrect response.
• Answer EVERY Question (even if you aren’t sure of the answer). Scores are
calculated only by the number of questions answered correctly – points will NOT be
subtracted for incorrect answers. Thus, make sure you answer EVERY question, even
if it’s a complete guess.
• Mark ALL answers on the separate Answer Sheet. You must indicate all answers
on the separate answer sheet DURING the 3-hour time limit of each MBE exam
session. We cannot stress this enough… ONLY the answer sheet will be scored (no
credit will be given for anything written in the test booklet). Thus, make sure you
build in time during the exam to transfer all of your answers to the answer sheet.
According to the NCBE, the format of an MBE question is divided into three (3) parts:3
Options → The choices available for answering the question – each question has
four (4) answer choices.
3
See, The Bar Examiner, August 2008, Recent Changes in NCBE’s Multiple-Choice Examination
Programs, at pg. 26.
Most Answer Choices can be further broken down into the following components:
Result → the legal result that occurred (i.e. prevail, guilty, liable)
Logical Connector → the kind of relationship between the reason and the result
(i.e. if, because, since, unless)
Reason → the reason why the result occurred (i.e. plaintiff failed to
exercise reasonable care)
| | |
Result Logical Reason
connector
Understanding the structure of MBE questions and answers allows you to break each
question into its components so you can understand the question being asked and the
answer choices presented. This is especially important as the examiners have included
answer choices intentionally meant to trick you.
Knowing the structure is also advantageous because you will then have a good
understanding of the test itself, which allows you to maximize your performance and score
extra points on the MBE!
A high MBE score is the KEY to passing the bar exam for three reasons.
• First, if your MBE score is high enough it can compensate for weaknesses in other
sections of the exam (i.e. essays, performance test).
• Second, the MBE is worth the most of any section on the bar exam (50% in UBE
states and normally between 40-50% in other states).
• Third, studying for the MBE pays double dividends because there is usually a
substantial overlap in the subjects tested on the MBE and essay portions of the
exam (especially in UBE states).
Since there are now only 175 scored questions,4 gaining every point is crucial to passing.
That is why having a great strategy is essential to your bar preparation.
Below you will find OUR Smart Study Strategy to excel on the MBE. This is the same
strategy the creator of SmartBarPrep used to score in the top 5% on the MBE (a 171.1
scaled score – see here).
4
Prior to the July 2017 bar exam, the MBE consisted of 190 scored questions and 10 unscored
pretest questions.
Taking practice MBE questions prior to developing a good grasp of the law for a subject
area is a waste of time and serves no purpose because you don’t know the law yet. Don’t
make this mistake. Instead, you should have a good working knowledge of the law before
attempting MBE questions for the subject area. That way you can make the most
productive use of your time, and review those questions to build on your knowledge of the
subject matter.
You can learn the subjects by bar review classes/lectures, books, or outlines. Keep in mind,
you don’t need to have everything memorized perfectly – you just need a good working
knowledge of the subject (a.k.a. a good grasp of the law). It’s your choice what to use to
learn the law, but make it fast and then start your MBE practice.
MBE TIP
If possible, it’s best to learn the MBE subjects first (before the
essay subjects) when preparing for the bar exam. This way you can
start practice questions sooner, as you will be learning the MBE
material earlier in the study cycle.
After learning the law for a subject, you should condense that subject into something
you can use for future review (outline, mini-outline, attack sheets, flashcards, etc.).
This is essential for breaking down and committing the legal rules tested to memory, and
will be your go-to document while studying. You can then add to this document later on as
you continue your studying and taking MBE practice questions.
If you don’t have time to create your own document, you can also use an outline from a
friend or bar review company and then add your notes to it.
Practice makes perfect, and for the MBE taking a lot of practice questions must be a
priority. Once you learn a subject area, you can start taking questions for that subject – this
is why prioritizing learning the MBE subjects first is important. Then, as you learn more
subjects you can start taking mixed question sets. Taking 25-30 practice questions per day
gives you enough practice, while also allowing you time to review your answers that same
day. Closer to the exam, and after you have built up your mental stamina and focus, you
should increase the amount of questions you take in each sitting, eventually building up to
simulated half and full exams.
MBE TIP
Only take MBE practice questions that have explanations.
After you take practice questions, you MUST review your answers to
see why you got a question correct/incorrect. This is KEY, and why
question sets with explanations should always be taken. You
CANNOT waste your valuable time researching why you got a
question wrong because no explanations were provided, or simply
not review why you got the question wrong and moving on.
The NCBE released 210 questions drawn from previous MBE’s, with
30 questions for each of the seven MBE subject areas (including Civil
Procedure). An answer key is included, but not explanations.*
Why should the MBE Study Aid be used even without explanations?
It includes 210 of the most recent questions released by the drafters
of the exam, which is the closest thing to the actual MBE
questions still used on the test today. Plus, it includes the first
ever actual used Civil Procedure questions released – 30 in total
(previously, only 10 sample Civil Procedure questions were released
in the past by the NCBE).
MBE TIP
Practice like it’s the ACTUAL exam.
MBE TIP
Track Your Progress.
MBE TIP
Take the NCBE Practice Exams, but not until the final
2-3 weeks before the exam.
Between 2014 and 2017, the NCBE has released 610 real MBE
questions. You can find these questions in the NCBE Study Aid
Store or from a bar exam company that has licensed them
(including us!). These are the closest example of the real
questions you’ll see on exam day, and are often easier than the
practice questions released by the big bar review companies.
Taking these right before the exam can give you a much-needed
confidence boost.
The quality of your review is more important than the quantity of questions taken. If you
do 1000’s of questions, but never review explanations of why your answer was correct or
incorrect, then you’re missing the point of doing the practice questions in the first place.
The main goal of taking practice questions is to figure out your weak spots and
correct them – to learn why you got a question wrong so it doesn’t happen in the
future. Passively checking your answers and reading the explanations just DOESN’T help
you do that effectively. Instead, you MUST perform what we call “Active Review”.
If you don’t prefer a rule sheet, you can always make flash cards for these rules OR add
the rule statements into the body of your subject outlines.
By performing active review, you will also become familiar with the type of questions asked
and what they are REALLY asking. Understanding the questions and how the law is tested
is key to working faster as well. This is a tactic of studying the test itself, not just studying
the law. Scoring high on the MBE depends upon not only knowing the law tested cold, but
also recognizing which rule or issue is being tested.
If you have the time, you should even review the answer
explanations for every question you take.
You should be constantly reviewing your Outlines and Personalized MBE Rule Statement
Sheets (or flashcards) during the entire course of the bar exam review period. During your
“active review” you should be adding notes and rules to these documents as well. This way
you are constantly reinforcing your knowledge of the law and reviewing what tripped you
up in the past.
MBE TIP
Optimize your MBE performance by focusing on the HIGHLY
tested MBE topics.
Remember the topic categories within each subject are NOT created
equal as some are tested in a higher percentage than others. You can
use the chart we made in Chapter 2 of this guide to prioritize your
studying – it shows the percentage each topic is tested for a subject
and how many questions to expect for that topic.
MBE TIP
Focus on recalling the law and applying it to factual
situations, unlike the essay section where you need to
recite a rule word-for-word in your answer.
After taking a lot of MBE questions and reviewing your answers, you should start noticing
patterns in how you answer questions. Try to recognize and diagnose any weak areas or
bad patterns. Once diagnosed, you should fix that weak spot or implement a “default
For example, I noticed that whenever I changed my answer choice, I usually got
the question wrong and my first choice was correct. To fix this, I implemented
this default strategy: I would read all answer choices, and decide on an answer.
Once decided, my default strategy was to never change an answer choice unless
I was 100% positive of the new changed answer choice. If there was any doubt
(even a .001% chance), I was not allowed to change the answer. This strategy
limited my bad habit of changing answer choices when my first choice was
usually correct.
Default Strategies also set the stage for automating things you should not be spending time
on when taking the exam (i.e. having a system for bubbling the answer sheet; never
changing an answer unless you are 100% positive of the second answer). Knowing yourself
and developing strategies to address your problem areas is KEY to obtaining a high score
on the bar exam.
We are often asked what practice questions to use when preparing for the MBE?
Our answer is always the same… take practice questions from as many different sources
as possible. If you can afford it, you should take a mix of NCBE, BarBri, and Kaplan
questions. You can also use Adaptibar, as their software contains all of the released NCBE
questions. This will get you acclimated to different styles and difficulty of questions, so
you’ll be more prepared on exam day.
Here are some sources of practice questions, and where to find them.
The NCBE has released 610 real MBE Questions in the last few years. Here’s a breakdown
of each set:
• 400 MBE Questions & Explanations (released in 2014 & 2017): These questions
were formerly referred to as “Online Practice Exams (OPE’s).” The OPE’s contain
questions from six MBE subject areas: Constitutional Law, Contracts, Criminal Law
and Procedure, Evidence, Real Property, and Torts. NOTE: The OPE’s do not include
Civil Procedure, which was added to the MBE in February 2015.
• 210 MBE Questions (released in Dec. 2017, updated in 2019): These questions
were formerly referred to as the “MBE Study Aid.” The MBE Study Aid contains 210
questions drawn from previous MBE’s, with 30 questions for each of the seven MBE
subject areas (including Civil Procedure). The questions are grouped by subject. An
answer key is included, but not explanations.
These recent MBE questions can be found on the NCBE’s new mobile-friendly eLearning
platform here (just note that the NCBE no longer refers to the questions as “OPE’s” or the
“MBE Study Aid”).
SmartBarPrep has also licensed all of these MBE questions & explanations. You can find
them in our practice materials!
• The NCBE has released 10 MBE Civil Procedure Sample Test Questions. These
include an answer key and explanations. These can be downloaded for free here.
• The NCBE has also released 21 MBE Sample Test Questions. An answer key is
provided, but not explanations. These can be downloaded for free here.
• 1,181 past MBE questions have been released from very old exams (1972-1998), and
can be downloaded for free via the links below.
• We recommend that you DO NOT use these questions for three reasons. First, no
explanations are provided. Second, the question format and law tested is now
Besides the official released NCBE questions, you should also use practice MBE questions
from commercial bar review courses, such as BarBri or Kaplan.
If you can afford it, you should use both BarBri and Kaplan questions as part of your bar
preparation. Each company’s questions are drafted slightly differently, which will acclimate
you to different types of question styles. We believe these questions are usually more
difficult than the actual questions on the MBE. Because of this, these questions are
extremely helpful because it really trains you to spot the nuances in the law, and if you’re
scoring well on these “harder” questions then it’s likely you’ll do well on the actual MBE.
Even if you aren’t enrolled in their bar review course, MBE Question books from BarBri and
Kaplan can generally be found on eBay from past examinees (just make sure to buy a book
without any markings).
Scores are calculated only by the number of questions answered correctly – points will NOT
be subtracted for incorrect answers. Thus, make sure you answer EVERY question, even if
it’s a complete guess.
If you are almost out-of-time and still have questions left, you are better off bubbling-in
random selections for the questions you have left (rather than leaving them blank). Even by
randomly guessing, you still have a 1-of-4 chance statistically of getting the question
correct.
Don’t leave potential points on the table… make sure every question on the answer sheet
has an answer bubbled-in!
This may sound obvious, but you wouldn’t believe the amount of test takers that don’t do
this and loose valuable points.
Pick an answer choice within the 1.8-minute time limit, and keep moving! It’s important to
not spend too much time on any particular MBE question – even the most difficult ones.
One question will not dictate whether you pass or fail, so don’t dwell on it. Examinees that
usually struggle with time have a tendency to get stuck and spend 5-6 minutes per question
a number of times on the exam. This wastes valuable time, and can mess with your
confidence as you get further into the exam. DON’T fall into this trap!
Read through the question and answer choices carefully, pick one answer, and then move
on. Don’t second guess yourself – you need complete focus for the next MBE question.
Understanding and keeping myself aware of this simple fact played a big part in cutting
down my overall time per question so I could finish all questions within the allotted time.
To complete 100 MBE questions within each 3-hour session, you have 1.8 minutes (1
minute 48 seconds) per question.
This will put you on pace to complete at least 33-34 questions per hour during each
session.
On exam day, it is recommended that you use a timer to keep track of the point you
should be at while taking the exam. You can use the following intervals as your guide:
Question 17 30 minutes
Question 34 1 hour
Question 67 2 hours
Have a System for WHEN and HOW you will transfer answers to the Answer Sheet.
DO NOT bubble in your answers at the end of each session…this is a recipe for disaster.
What if you run out of time, and then get no credit! Plus, transferring at the end is likely to
result in you rushing when bubbling in your answer choices, possibly leading to mistakes.
Since only the answers marked on the Answer Sheet will be scored, you should have a pre-
determined system of how/when you’ll transfer your answers from the test booklet to the
Answer Sheet. Here is ours!
WHEN TO TRANSFER:
We recommend that you take two (2) full pages of questions – an open
booklet – at a time (noting your answers in the test booklet). Once finished,
then transfer those answers to the Answer Sheet.
This will ensure you have all of your answers bubbled-in on the Answer
Sheet when time is up.
HOW TO TRANSFER:
Below is the only foolproof way that we have found to make sure the right
answer gets put into the right line of the Answer Sheet.
When bubbling in the Answer Sheet, transfer only 1 answer at a time while
saying the question number and answer letter in your head while
transferring (i.e. 38 is C, look at Answer Sheet line 38, and then say C as you
bubble it in). Although this sounds tedious, this technique will prevent you
from inadvertently bubbling an answer on the wrong question line.
Method # 1 – Linear Approach: Very simply, read the ENTIRE question and all the
answer choices carefully from top to bottom before
selecting an answer. (Facts → Call → Choices). If
needed, look back at the facts to verify, clarify, or
eliminate an answer choice.
Method # 2 – Call-First Approach: This approach is similar to the Linear Approach, except
that you read the Call of the question first – the call
is the short statement/question that follows the fact
pattern. This helps you identify the subject and the
issue being tested before reading the fact pattern.
Under any method, it is usually easy to eliminate two of the answer choices. If you’re
undecided or stuck on two choices, make sure you have identified the legal issue being
tested. This is key to determining the correct answer.
We generally recommend using Method # 1 (the Linear Method) for two reasons. First,
we believe more time is expended in Methods # 2 and 3 by jumping back and forth to
different parts of the question. Second, in some instances we have seen an examinee’s
view of the facts to be skewed as to what the question is really asking because they read
the call and/or answer choices first.
However, different methods work for different people. If you have time, it’s best to test
each method separately under timed conditions, and see what works best for you
(considering timing, number of correct answers, and which method you find easier to use).
Knowing yourself and how you think, and trusting in that, is what will make the difference in
your score.
How Your MBE Score is Calculated – Raw Scores & Scaled Scores
There are 175 scored questions, with 25 scored questions from each subject area
tested (see chart below).
*Note, the additional 25 unscored pretest questions may be from any of the seven subject
areas.
Each scored MBE question is worth one point, for a total of 175 points. This raw score
is then converted to a scaled score between 1-200. The NCBE scales all scores nationally
using a complex statistical formula to adjust for any differences in test difficulty relative to
prior administrations of the MBE (to make sure a scaled score on one examination is
equivalent to a score on any other examination).
Based on our review of past exam examinee score reports, there is a high correlation to
having a high MBE score and passing the exam.
When taking a full MBE practice exam, you can typically add 10-15 points to the number
of questions correct to approximate your scaled score (see formula below).
The above formula is useful to gauge how you are doing when taking practice exams.
BUT, it must be noted that it is an over simplification of the scaling process, and is not how
the MBE is actually graded and scaled – it doesn’t take into account scored vs. unscored
questions and the MBE scale that varies from exam-to-exam.
Don’t concern yourself too much on determining how your scaled score is calculated. For
MBE preparation, your main focus should be on increasing the number of questions
you answer correctly.
6
http://www.ncbex.org/news/february-2019-mbe-score/
7
http://www.ncbex.org/news/july-2018-average-mbe-scores-decrease/
The MBE is worth a large chunk of the total bar exam score:
• 50% if your state is a UBE jurisdiction (New York, New Jersey, etc.), or
• Between 40-50% in most other states.
Below is a chart of showing how much the MBE is worth in each jurisdiction.
You’ve completed The Smart Guide to the MBE, which means you’re part of an exclusive
group of bar examinees who really understand how the MBE works, how to prepare for the
exam, and most importantly how to maximize your score.
Simply by applying the lessons you’ve learned in this Guide, you'll have a huge advantage
over other examinees.
So what’s next?
You must start applying the lessons, strategies, and tips in this guide! The most
important of which is condensing the law for each subject, taking a lot of MBE questions,
and “actively” reviewing the explanations. That’s it! The right strategy does go a long way,
but remember that hard work and practice are required to excel on the MBE.
We hope you found this guide useful. If you have any questions or have your own MBE tips
to share, please don’t hesitate to reach out to us.
Cheers,
Matthew Bates
Creator, SmartBarPrep
“Knowing is not enough; we must apply. Willing is not enough; we must do.”
– Johann Wolfgang von Goethe (German Philosopher, 1749-1832)