September 2013

 

Multistate Bar Examination News

Effective with the February 2015 bar exam, Civil Procedure will appear on the Multistate Bar Examination (MBE) along with the current MBE topics. The subject matter outline for Civil Procedure is shown below. Sample Civil Procedure questions will be released in fall of 2014. 

 

The MBE contains 200 multiple-choice questions, 190 of which are scored (the 10 unscored questions are being evaluated for future use and are indistinguishable from the scored questions). With the addition of Civil Procedure, the 190 scored questions on the MBE will be distributed as follows: Civil Procedure (27), Constitutional Law (27), Contracts (28), Criminal Law and Procedure (27), Evidence (27), Real Property (27), and Torts (27).

 

Also effective with the February 2015 bar exam, the Multistate Essay Examination (MEE) Federal Civil Procedure subject matter outline will be modified to conform to the MBE Civil Procedure subject matter outline so that there will be one unified set of Civil Procedure specifications for both exams.

 

Multistate Bar Examination Civil Procedure Subject Matter Outline (effective February 2015)

NOTE: Examinees are to assume the application of 1) the amendments to the Federal Rules of Civil Procedure through 2012; and 2) the sections of Title 28 to the U.S. Code pertaining to jurisdiction, venue, and transfer. Approximately two-thirds of the Civil Procedure questions on the MBE will be based on categories I, III, and V, and approximately one-third will be based on the remaining categories II, IV, VI, and VII.


I.     Jurisdiction and venue

A.  Federal subject matter jurisdiction (federal question, diversity, supplemental, and removal)
B. Personal jurisdiction
C. Service of process and notice
D. Venue, forum non conveniens, and transfer

II.  Law applied by federal courts

A. State law in federal court
B. Federal common law

III.  Pretrial procedures

A. Preliminary injunctions and temporary restraining orders
B. Pleadings and amended and supplemental pleadings
C. Rule 11
D. Joinder of parties and claims (including class actions)
E. Discovery (including e-discovery), disclosure, and sanctions
F. Adjudication without a trial
G. Pretrial conference and order

IV.   Jury trials 

A. Right to jury trial
B. Selection and composition of juries
C. Requests for and objections to jury instructions

V.    Motions

A. Pretrial motions, including motions addressed to face of pleadings, motions to dismiss, and summary judgment motions
B. Motions for judgments as a matter of law (directed verdicts and judgments notwithstanding the verdict)
C. Posttrial motions, including motions for relief from judgment and for new trial

VI.   Verdicts and judgments

A. Defaults and involuntary dismissals
B. Jury verdicts—types and challenges
C. Judicial findings and conclusions
D. Effect; claim and issue preclusion

VII.  Appealability and review

A. Availability of interlocutory review
B. Final judgment rule
C. Scope of review for judge and jury