Since 2007, Business Association has been one of the most tested MEE subjects on the UBE. Examinees should have a thorough understanding of the principles of agency rooted in business relationships and review the following:
- Agency relationships
- Power of agent to bind principal
- Vicarious liability of principal for acts of agent
- Fiduciary duties between principal and agent
- Creation of partnerships
- Power and liability of partners
- Rights of partners among themselves
- Dissolution
- Special rules concerning limited partnerships
- Corporations and Limited Liability Companies
- Formation of organizations
- Pre-organization transactions
- Piercing the veil
- Financing the organization
- Management and control
Civil Procedure has appeared quite frequently on the UBE over the past decade. Spend time trying to understand the theoretical underpinnings of the rules and the distinctions between personal and subject matter jurisdiction.
Assume that the Federal Rules of Civil Procedure and the sections of Title 28 of the US Code pertaining to trial and appellate jurisdiction, venue, and transfer are in effect. The topic breakdown is as follows:
- Jurisdiction and venue
- Law applied by federal courts
- Pretrial procedures
- Jury trials
- Motions
- Verdicts and judgments
- Appealability and review
Conflict of Laws is the least tested subject on the UBE, and questions regarding Conflict of Laws don’t appear independently. Instead, it is always combined with other subjects, most often with Civil Procedure, followed by Family Law, Decedents’ Estates, and Corporations/LLCs.
Questions regarding Conflict of Law frequently appear with issues regarding the Klaxon Doctrine, transfer to a more appropriate forum, recognition of marriage, full faith and credit clause, personal property, real property, mergers, dissenter’s rights, and foreign corporations. Here is the topic breakdown:
- Domicile
- Jurisdiction of courts
- Choice of law
- Recognition and enforcement of other states’ judgments and foreign judgments
Savvy examinees will memorize the most important constitutional amendments and clauses. Constitutional law questions frequently involve matters regarding the commerce and dormant commerce clause and their exceptions, the equal protection clause (EPC), and the First Amendment. Note that “Constitution,” “constitutional,” and “unconstitutional” indicate the Federal Constitution unless otherwise stated. See the topic breakdown below:
- The nature of judicial review
- The separation of powers
- The relation of nation and state in a federal system
- Individual rights
Contract Law is typically tested on its own. Some critical issues to focus on are contract formation and performance obligations. Examinees should assume that articles 1 and 2 of the UCC are in effect. The following details the NCBE’s breakdown of the topic:
- Formation of contracts
- Defenses to enforceability
- Contract content and meaning
- Performance, breach, and discharge
- Remedies
- Third-party rights
There is a good chance you’ll come across Criminal Law and Procedure on the MEE. Highly tested issues include homicide, defense of insanity, and the Fifth and Fourth Amendments. Be sure that you can define commonly used ideas like “malice aforethought in murder,” “Miranda warnings,” “Interrogation,” and “Custody.” See the breakdown of topics below.
- Homicide
- Other crimes
- Inchoate crimes; parties
- General principles
- Constitutional protection of accused persons
Evidence is typically tested annually, so you should be prepared to see it on the MEE. While it’s usually tested independently, it has occurred alongside Criminal Procedure in the past. Students have difficulty studying Evidence, but luckily the same issues are often tested: Hearsay, impeachment, and, less frequently, character evidence, relevancy, witness testimony, and policy exclusions. Here is a subject breakdown:
- Presentation of evidence
- Relevancy and reasons for excluding relevant evidence
- Privileges and other policy exclusions
- Writings, recording, and photographs
- Hearsay and circ*mstances of its admissibility
Family Law sometimes appears alongside Conflict of Laws issues but is more often tested independently. Examinees will likely come across issues regarding child custody and support. The Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) are usually applied to Family Law issues. See the topic breakdown below:
- Getting married
- Being married
- Separation, divorce, dissolution, and annulment
- Child custody
- Rights of unmarried cohabitants
- Parent, child, and state
- Adoption
- Alternatives to adoption
Real Property is tested about yearly and is usually seen with other subjects. Examinees should focus their study on deeds, recording acts, landlord-tenant law, and important real property vocabulary like warranty deed, merger, and quitclaim deed. See the topic outline below for a subject overview.
- Ownership of real property
- Rights in real property
- Real estate contracts
- Mortgages/security devices
- Titles
You have a good chance of coming across Torts on the MEE, and it is often seen with Agencies regarding the vicarious liability of an employer. The MEE typically tests basic tort principles. Issues to focus on include negligence, children and duty, eggshell-skull rule, premises liability, negligence per se, and strict liability.
The NCBE notes that examinees should assume survival actions and claims for wrongful death are available. Relevant rules (unless otherwise indicated) are joint and several liability, pure comparative fault. See below for the topic breakdown.
- Intentional torts
- Negligence
- Strict liability and products liability
- Other torts
Trusts has been seen less frequently on the MEE in recent years but have consistently been a popular subject. Trust questions will generally regard validity, revocability, types of trusts, pour-over will, discretionary trusts, and charitable trusts. The following outline provides important subtopics:
- Descendants’ Estates
- Wills
- Family protection
- Living wills and durable health care powers
- Trusts
- Future interests
- Construction problems
Secured Transactions is middle of the road in terms of frequency. While it has been tested with Contracts and Sales, and Real Property, it’s typically seen on its own. This subject can be complex for examinees, but what’s tested often revolves around the application of Article 9, the four types of goods, attachment, and perfection.
The NCBE notes that examinees should assume that the Official Texts of Articles 1 and 9 of the UCC are in effect. See the following outline:
- General UCC principles
- Applicability and definitions
- Validity of security agreements and rights of parties
- Right of third parties; perfected and unperfected security interests; rules of priority
- Default
