The written portion of the exam (essay questions and Performance Test) is typically administered on the first day, with three essay questions given in the morning session and two essay questions plus the Performance Test given in the afternoon session. The MBE is typically administered on the second day, with 100 questions given in the morning and 100 questions given in the afternoon.
Applicants taking the California Bar Exam may be required to answer questions involving issues from all of the subjects listed below:
The following provisions of the Uniform Commercial Code should be used where pertinent in answering the essay questions:
Applicants should be prepared to answer questions that have issues concerning a variety of Business Associations, including, but not limited to Corporations, Sole Proprietorships, Partnerships (General Partnerships, Limited Partnerships, Limited Liability Partnerships), Joint Ventures, Limited Liability Companies, and the principles of Agency inherent in business relationships.
Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Civil Procedure and the California Code of Civil Procedure. Applicants should be prepared to discuss the differences between the Federal Rules and the California Rules, especially those California procedures of pleading and practice that have no specific counterparts in the Federal Rules.
Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Evidence and the California Evidence Code. Applicants should be prepared to compare and contrast the differences between the Federal Rules and the California Evidence Code, especially where the California rules of evidence have no specific counterparts in the Federal Rules.
Applicants should be prepared to answer questions that test knowledge of the California Rules of Professional Conduct, relevant sections of the California Business and Professions Code, and leading federal and state case law on the subject in addition to the ABA Model Rules of Professional Conduct and ABA Model Code of Professional Responsibility. Professional responsibility issues may be included in conjunction with any subject tested on the examination.
The Multistate Professional Responsibility Examination (MPRE) is a separate requirement for admission to practice law in California. More information concerning the MPRE can be found on the National Conference of Bar Examiners’ website.
Applicants should be familiar with the following provisions of the California Probate Code and understand California law in the specific areas noted:
Division 2. General Provisions
Part 1. Effect of Death of Married Person on Community and Quasi-Community Property, Sections 100-103
Part 3. Contractual Arrangements Relating to Rights at Death, Sections 140-147
Part 5. Simultaneous Death, Sections 220, 222-224
Part 6. Distribution Among Heirs or Beneficiaries, Section 240
Division 6 Wills and Intestate Succession
Part 1. Wills
Chapter 1. General Provisions, Sections 6100, 6101, 6104, 6105
Chapter 2. Execution of Wills, Sections 6110-6113
Chapter 3. Revocation and Revival, Sections 6120, 6121, 6123
Part 2. Intestate Succession, Sections 6400-6402
Division 11. Construction of Wills, Trusts and Other Instruments
Part 1. Rules of Interpretation of Instruments, Sections 21105, 21109, 21110
Part 6. Family Protection: Omitted Spouses and Children [for decedents dying on or after January 1, 1998]
Chapter 2. Omitted Spouses, Sections 21610-21612
Chapter 3. Omitted Children, Sections 21620-21623
The MBE is developed and typically graded by the National Conference of Bar Examiners (NCBE). This portion of the General Bar Examination is an objective six-hour examination containing 200 questions, divided into two, three-hour sessions during which 100 questions are administered. The MBE tests seven subjects: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.
Information regarding the MBE and an online practice examination are available through the NCBE’s website.