Uniform Bar Examination

The Uniform Bar Examination (UBE) is a standardized bar examination, developed by the National Conference of Bar Examiners (NCBE). It consists solely of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and Multistate Performance Test (MPT), and offers portability of scores across state lines. As of October 2016, the Uniform Bar Exam has been adopted in 25 states and the District of Columbia.^[1]

History

Missouri became the first state to adopt the UBE;^[2] both that state and North Dakota were the first to administer the UBE, doing so in February 2011. Following Missouri's lead, several other jurisdictions, all of which were among the 22 that already were using all three components of the UBE, are expected to adopt that examination. However, many of the largest legal markets – California, Florida, Illinois, and Texas – have so far chosen not to adopt the UBE. New York began using the UBE in the summer of 2016,^[3] as did the District of Columbia.^[4] South Carolina and New Jersey will begin using the UBE in February 2017.^[5] Among the concerns cited with the adoption of the UBE were its absence of questions on state law and the fact that it would give the NCBE much greater power in the bar credentialing process.^[6]

Multistate Bar Examination (MBE)

The Multistate Bar Examination (MBE) is a standardized, multiple-choice examination created and sold to participating state bar examiners.^[7]

Description

It is administered on a single day of the bar examination in 49 states and the District of Columbia, as well as in Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the Republic of Palau. The only state that does not administer the MBE is Louisiana, which follows a civil law system slightly different from the law in other states. The MBE is given twice a year: on the last Wednesday of July in all jurisdictions that require that examination, and on the last Wednesday of February in the same jurisdictions, except for Delaware and North Dakota.

The 200 MBE questions test seven subjects based upon principles of common law and Article 2 of the Uniform Commercial Code (covering sales of goods) that apply throughout the United States. The questions are not broken down into sections and the seven topics are distributed more or less evenly throughout the course of the exam. Exam-takers receive three hours during the morning session to complete the first 100 questions, and another three hours during the afternoon session to complete the second 100 questions.

Of the 200 MBE questions, only 175 are graded. The remaining 25 are pretest questions that "indistinguishable" from the real questions.^[8] Test takers receive a scaled score ranging between 0 and 200.^[9]

In February 2015, the NCBE added the seventh topic, civil procedure, to the examination.

Transfer of MBE scores

Taking the MBE in one jurisdiction may allow an applicant to use their MBE score to waive into another jurisdiction or to use their MBE score with another state's bar examination.^[10]

Multistate Essay Examination (MEE)

The Multistate Essay Examination (MEE) is a collection of essay questions largely concerning the common law administered as a part of the bar examination in 26 jurisdictions of the United States: Alabama, Alaska (from July 2014), Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York (from July 2016) North Dakota, Northern Mariana Islands, Oregon, Palau, Rhode Island, South Dakota, Utah, Washington, West Virginia, Wisconsin, Wyoming.^[11]

The MEE can cover any of the following areas:^[12][13]

• Business associations – Agency and partnership, corporations, limited liability companies
• Conflict of laws
• Constitutional law
• Contracts
• Criminal law and procedure
• Evidence
• Family law
• Federal civil procedure
• Real property
• Torts
• Trusts and estates – decedents' estates; trusts and future interests
• Uniform Commercial Code – Article 9, Secured Transactions

MEE questions are actually drafted by the NCBE Drafting Committee, with the assistance of outside academics and practitioners who are experts in the fields being tested. After initial drafting, the questions are pretested, analyzed by outside experts and a separate NCBE committee, reviewed by boards of bar examiners in the jurisdictions that use the test, and then revised by the Drafting Committee in accordance with the results of this process. Each MEE question is accompanied by a grading guide, and the NCBE sponsors a grading workshop on the weekend following the bar exam whose results are provided to bar examiners.^[14]

The examination is always administered on a single day of the bar examination, specifically the day before the Multistate Bar Examination (MBE). Through February 2007, the NCBE consisted of seven questions, with most jurisdictions selecting six of the seven questions to administer. Unlike the MBE, which is graded and scored by the NCBE, the MEE is graded exclusively by the jurisdiction that administers the bar examination. Each jurisdiction has the choice of grading MEE questions according to general U.S. common law or the jurisdiction's own law.^[12]

Multistate Performance Test

The MEE is partnered with the Multistate Performance Test (MPT), a written performance test developed by the NCBE and used in 33 U.S. jurisdictions.^[15]

Jurisdictions

See also

• Admission to the bar in the United States

References