Multistate Bar Examination

The Multistate Bar Examination (MBE), administered by the National Conference of Bar Examiners (NCBE), is a 200-question, multiple-choice exam that covers seven substantive areas of law. For 2026, the exam consists of 175 scored questions and 25 unscored pretest questions, with a heavy focus on foundational legal principles and legal reasoning.

Core Subject Areas and Topics

The MBE covers seven key subjects, which are usually tested evenly (approximately 25 questions each):

• Civil Procedure: Jurisdiction and venue, law applied by federal courts, pretrial procedures (pleadings, discovery), motions, jury trials, verdicts and judgments, and appeals.
• Constitutional Law: Judicial review, separation of powers, the relation of nation and states, individual rights (First Amendment, Equal Protection, Due Process).
• Contracts: Formation (offer/acceptance/consideration), defenses to enforceability, contract content, performance, breach, and discharge, remedies, and third-party rights.
• Criminal Law & Procedure: Homicide, other crimes (theft, robbery, burglary), inchoate crimes, general principles, and constitutional protections of accused persons (search and seizure, Miranda).
• Evidence: Presentation of evidence (witnesses, authentication), relevancy, hearsay, privilege, and judicial notice.
• Real Property: Ownership (present/future interests), rights in land (easements, covenants), contracts, mortgages, and titles.
• Torts: Negligence (approx. 50% of questions), intentional torts, strict liability, products liability, defamation, and privacy.

2026 Exam Notes and Updates

• Applicable Law: Examinees should assume the application of the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence, and the Uniform Commercial Code (UCC) Articles 1 and 2, unless otherwise indicated.
• NextGen Bar Exam: Starting in July 2026, some jurisdictions will transition to the NextGen Bar Exam, which will test a slightly modified, more integrated set of topics. However, the core seven subjects largely remain the foundation of legal knowledge.
• Focus on Key Topics: While subjects are tested evenly, certain topics within them appear more frequently. For example, negligence is the most tested area in Torts, while contract formation is central to the Contracts section.

Detailed subject matter outlines are available directly from the NCBE website.