MBE question breakdown

Courtesy of the NCBE outlines and my beloved S&T book, here’s the approximate breakdown of MBE questions:

Constitutional Law

  • 33 questions total
  • 50% (16-17 questions) on Individual Rights (Due Process, Equal Protection, 1st Amendment, etc.)
  • 50% (16-17 questions) on Judicial Review, Separation of Powers, and Federal/State Powers


  • 34 questions total
  • 25% (6-7 questions) of ALL questions will be based on UCC/Sales of Goods
  • 60% (20-21 questions) on Formation of Contracts, Conditions, and Remedies
  • 40% (13-14 questions) on Consideration, 3rd Party Beneficiaries, Assignment & Delegation, Statutes of Fraud, Parol Evidence Rule, Impossibility of Performance, Frustration of Purpose, and Discharge

Criminal Law and Procedure

  • 33 questions total
  • 40% (13-14 questions) on Criminal Procedure (Search and Seizure, Arrest, Privilege against Self-Incrimination, Confessions, Lineups, Right to Counsel, etc.)
  • 60% (19-20 questions) on Criminal Law (Homicide, Other Crimes, Inchoate Crimes and Parties, State of Mind, Justification and Excuse, etc.)


  • 33 questions total
  • 33% (11 questions) on Presentation of Evidence (Lay and Expert Testimony, Witness Competency, Impeachment, etc.)
  • 33% (11 questions) on Hearsay
  • 33% (11 questions) on Relevancy, Privileges, Writings/Recordings/Photographs

Real Property

  • 33 questions total
  • 75% (24-25 questions) on Ownership (Future Interests, Landlord-Tenant, etc), Rights in Lands (Covenants, Easements, Profits, Licenses, Fixtures, etc.), and Titles (Adverse Possession, Converyances, Recording Acts, etc.)
  • 25% (9 questions) on Real Property Contracts and Mortgages


  • 34 questions total
  • 50% (17 questions) on Negligence
  • 50% (17 questions) on Intentional Torts, Strict Liability, Products Liability, Other Torts (i.e. Nuisance, Defamation, Invasion of Privacy, etc.)

2 thoughts on “MBE question breakdown

  1. Hi, FBE, I would like to buy your past CO bar exams that you purchased, maybe for a discount. If you’re interested, just call me (Mike) at 801-915-8283 or 303-495-3108.

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