Please see our new, most updated, free MBE Guide here!
Here, we discuss the highly tested MBE topics. If you’re looking for a quick-reference version of the most important rules for each MBE subject, our MBE One-Sheets condense the highest-yield information into a single page per subject, front and back.
MBE Frequency Chart: Highly Tested MBE Topics
Here, we discuss the highly tested MBE topics. Before we do so, it is important to note that the MBE subjects are all tested equally. The MBE covers seven subjects:
- Civil Procedure
- Constitutional Law
- Contracts & Sales
- Criminal Law & Procedure
- Evidence
- Real Property
- Torts
Each subject is apportioned 25 questions, for a total of 175 total scored questions. (There also are an additional 25 test questions, which can be pulled from any subject.)
Highly Tested MBE Topics
While the MBE subjects are tested equally, the MBE topics within each subject are not tested equally. We have listed the MBE subjects in order and ranked the topics from most-to-least tested. You can see which subtopics fall within these topics by downloading the National Conference of Bar Examiners (NCBE) subject matter outline here.
Ready to focus your memorization on what actually gets tested?
Our MBE One-Sheets are built around the exact topic breakdowns above — so every rule you study is one that’s likely to show up on exam day:
- One page per subject covering the most frequently tested rules, front and back
- Recommended by law schools as an essential study aid
- Available as instant download or hard copy
Why pay attention to the highly tested MBE topics?
When you study for the bar exam, your goal is to study efficiently! One of the best ways to study efficiently for the bar exam is by focusing on the highly tested MBE topics.
For example:
- Civil Procedure: Jurisdiction and venue, pretrial procedures, and motions are tested the most. You should focus on these topics when you study.
- Constitutional Law: individual rights make up half of the tested MBE questions.
- Contracts: Focus on formation and performance, breach, and discharge. These make up 50% of the scored Contracts MBE questions. You’ll also notice that only 1/4 of the questions cover UCC Article 2.
- Criminal Law and Procedure: Constitutional protection of accused persons (Criminal Procedure) makes up 50% of the scored Criminal Law and Procedure questions. You can also see that topics like Homicide make up 12.5% of the Criminal Law questions.
- Evidence: relevancy, hearsay, and presentation of evidence are highly tested and should compose the bulk of your studying.
- Real Property: This subject is evenly divided in terms of how it is tested. So, do not over-focus on one topic (like the rule against perpetuities or present and future interests, for example) since you are unlikely to see multiple scored questions on any given topic. Instead, you will see an even spread of Real Property questions.
- Torts: negligence is by far the most important MBE topic, as it makes up half of the scored questions on the bar exam.
If your goal is to study smart for the MBE, it is well worth it to focus on the topics that are worth the most points!
Ready to focus your memorization on what actually gets tested?
Our MBE One-Sheets are built around the exact topic breakdowns above — so every rule you study is one that’s likely to show up on exam day:
- One page per subject covering the most frequently tested rules, front and back
- Recommended by law schools as an essential study aid
- Available as an instant download or a hard copy
Create a Study Schedule for MBE Preparation
To make your study routine efficient and focused, here’s a detailed study schedule for the MBE preparation. It ensures that each subject is covered thoroughly based on its frequency and importance.
For example:
Week 1-2: Civil Procedure & Constitutional Law
- Civil Procedure: Focus on jurisdiction, venue, and pretrial procedures (50% of your time).
- Constitutional Law: Prioritize individual rights like freedom of speech, due process, and rights of the accused (50% of your time).
- Review: Spend one day reviewing key concepts from both subjects.
Week 3-4: Contracts, Criminal Law, and Evidence
- Contracts & Sales: Focus on formation, breach, discharge, and UCC Article 2 (50% of your time).
- Criminal Law & Procedure: Study constitutional protections and homicide (30% of your time).
- Evidence: Cover relevancy, hearsay, and presentation (20% of your time).
- Review: Use one day to reinforce these topics.
Week 5-6: Real Property & Torts
- Real Property: Study future interests, rule against perpetuities, and conveyances (40% of your time).
- Torts: Focus on negligence, duty of care, causation, and damages (60% of your time).
- Review: Spend one day reviewing these subjects.
Week 7: Review & Practice MBE Questions
- Practice: Focus on mixed subjects and practice with released MBE questions.
- Review: Analyze results and target weak areas.
Week 8: Final Review & Mixed Practice Sets
- Practice Sets: Continue practicing with mixed sets from all subjects.
- Review: Final comprehensive review to reinforce your knowledge.
Use a Sort Checklist for MBE Topics
To help you stay on track, here’s a checklist for each MBE subject with the most commonly tested topics. Use this checklist as a reference while studying:
- Civil Procedure: Jurisdiction, venue, motions, pretrial procedures.
- Constitutional Law: Individual rights (half of the questions).
- Contracts & Sales: Formation, breach, discharge, UCC Article 2.
- Criminal Law & Procedure: Constitutional protections, homicide.
- Evidence: Relevancy, hearsay, presentation of evidence.
- Real Property: Future interests, rule against perpetuities, conveyances.
Torts: Negligence (half of the questions), intentional torts, and strict liability.
Frequently Asked Questions
- Q: How do I make sure I am exposed to these highly tested topics?
- A: The best way is to use actual, released MBE questions. We discuss this further in Topic 13. You can also read about where to find real MBE questions here or check out our MBE questions for sale here.
- Q: What is the most common MBE topic?
- A: The most frequently tested MBE topic is negligence in the Torts section, making up 50% of the questions in that subject.
- Q: What topics should I focus on for Civil Procedure on the MBE?
- A: For Civil Procedure, focus on jurisdiction and venue, as well as pretrial procedures—these are the most commonly tested areas on the MBE.
- Q: How should I prioritize studying for Constitutional Law on the MBE?
- A: Focus on individual rights, which make up 50% of Constitutional Law questions. Key areas include free speech, due process, and equal protection.
Go to the next topic, Topic 3: How to Pass the MBE.
Updated for the July 2026 bar exam
