Changes to the MBE: Substance

A few months ago I wrote about changes to the MBE in the number of scored questions. Instead of 190 scored questions, there are now 175. In addition to this, the NCBE has changed how it tests Evidence and and what it tests in Real Property.

Evidence: There are five categories in Evidence: I. Presentation of Evidence (including impeachment); II, Relevancy (including character evidence and expert testimony); III. Privileges; IV. Writings, Recordings, and Photographs; and V. Hearsay. Up through 2016, the question breakdown was:

  • 33%- 8.3 questions- Presentation (including impeachment)
  • 33%- 8.3 questions- Hearsay
  • 33% – 8.3 questions-Relevancy, Privileges, Writings, Recordings, and Photographs

What has changed? The substance of each category has not changed but the number of questions per category has. Now the new subject breakdown is:

  • 25%-6.25 questions- Presentation, including impeachment
  • 33%-8.3 questions- Relevancy, including character evidence and expert testimony
  • 25%-6.25 questions- Hearsay
  • 17%-4.25 questions- Privileges and Writings, Recordings, and Photographs

Why should I care? There used to be two “big rocks,” Presentation and Hearsay, but now there are three: Presentation, Hearsay, and Relevancy. In addition to knowing Presentation and Hearsay really well, you also need to have a good understanding of basic relevancy and how character evidence and expert testimony work within the general relevancy rule(s). Relevancy used to be a “pebble” with 2-3 questions so you didn’t have to spend a ton of time on it. Now you cannot afford to skim. So, without sacrificing Presentation and Hearsay you have to figure out how to devote more time to Relevancy.

Real Property: There are five categories in Real Property: I. Ownership; II. Rights in Real Property; III. Real Estate Contracts; IV. Mortgages/Security Devices; and V. Titles.

What has changed? The weight given to each category is the same (20%, 5 questions) but the content has increased. The following six topics have been added to Real Property:

  1. Ownership: Conflicts of law related to disputes involving real property
  2. Rights in Real Property: Property owners’ associations and common interest ownership communities; Transfer of easements, profits, and licenses
  3. Titles: Requirements for transfer by deed; Drafting, review and negotiation of closing documents; Persons authorized to execute documents

Why should I care? You might be thinking, “No big deal. So there might be a question on property owners’ associations, I can do that.” Multiply that by 6. There are 6 topics so there is the very real possibility of getting at least one question from each. This is almost 25% of all the Real Property questions. You might be thinking, “No big deal. They won’t test all 6 new topics.” You could be right but do you know which topics won’t be tested? You might be comfortable taking a chance because, it’s only one topic. So where do you draw the line? 1? 2? 3? What about the other MBE subjects? Is it ok to blow off 1 topic from each? Now you are at 7. It’s a slippery slope and you have to be careful where you draw the line.

The purpose of this post is not to scare you. The purpose is to inform you of what to expect so you can plan and prepare.

-KSK

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