MEE Frequency Chart July 2019

MEE Frequency Analysis
(Sorted by Frequency)
For the UBE/MEE
July 2019 Edition
Purchased by Bethany Taylor, [email protected] #13486265

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Table of Contents
Description Page
MEE Subject Frequency – Past 49 Exams

(Sorted by Overall Frequency) .................................................................................................................. 1
MEE Subject Frequency Chart – Past 24 Exams ................................................................................ 2

MEE Rule Frequency

MEE Rule Frequency

(Sorted by Frequency within Each Subject) ..................................................................................... 27

SmartBarPrep Frequency Analysis 1
Subjects Appearing on Past MEE’s

(Feb. 1995 to Feb. 2019)

(Sorted by Overall Frequency)
Number of Times Subject Percentage (%) Subject

Subject
Appeared on Past Exams Appeared on Past Exams
Civil Procedure 46 out of 49 exams 94%

Agency 41 out of 49 exams 84%
Family Law 41 out of 49 exams 84%
Wills & Estates 38 out of 49 exams 78%
Secured Transactions 36 out of 49 exams 73%
Trusts & Future Interests 35 out of 49 exams 71%
Corporations & LLC's 34 out of 49 exams 69%
Partnerships 33 out of 49 exams 67%
Contracts*† 14 out of 24 exams 58%
Real Property* 14 out of 24 exams 58%
Criminal Law & Procedure* 13 out of 24 exams 54%
Evidence* 12 out of 24 exams 50%
Torts* 12 out of 24 exams 50%
Constitutional Law* 11 out of 24 exams 46%
Conflict of Laws 21 out of 49 exams 43%
* These six subjects were not tested on the Multistate Essay Exam (MEE) until July 2007.
† The subject of Sales (UCC Article 2) was tested on a few exams prior to July 2007; those exams
were not included in this subject frequency chart because it would artificially inflate the testing
percentage. However, the rules tested from those exams are included in the SmartBarPrep Priority
Outlines.


(July 2007 to Feb. 2019)
MEE Subject Frequency Chart – Past 24 Exams
Civil Procedure 21
Trusts & Future Interests 16
Family Law 15
Corporations & LLC's 15
Secured Transactions 14
Real Property 14
Contracts 14
Criminal Law & Procedure 13
Agency 13
Torts 12
Evidence 12
Wills & Estates 11
Constitutional Law 11
Partnerships 11
Conflict of Laws 7
0 5 10 15 20
# of Times Tested


(July 2007 to Feb. 2019)

Number of Times Subject Percentage (%) Subject

Subject
Appeared on Past Exams Appeared on Past Exams
Civil Procedure 21 out of 24 exams 88%

Trusts & Future Interests 16 out of 24 exams 67%
Corporations & LLC's 15 out of 24 exams 63%
Family Law 15 out of 24 exams 63%
Contracts 14 out of 24 exams 58%
Real Property 14 out of 24 exams 58%
Secured Transactions 14 out of 24 exams 58%
Agency 13 out of 24 exams 54%
Criminal Law & Procedure 13 out of 24 exams 54%
Evidence 12 out of 24 exams 50%
Torts 12 out of 24 exams 50%
Partnerships 11 out of 24 exams 46%
Constitutional Law 11 out of 24 exams 46%
Wills & Estates 11 out of 24 exams 46%
Conflict of Laws 7 out of 24 exams 29%

Rules Appearing on Past

UBE/MEE Essays
MEE Rule Frequency

Total Bar Exams Analyzed 49

Total # of Essays 358
Total # of Rules Analyzed 572
# of Times % out of Page # in

Rule
Subject Rule Appeared on Exams Priority
Past Exams Tested Outline
Secured
Article 9 of the UCC Governs Secured Transactions 36 73.5% 207
Transactions
Secured
Attachment and Perfection 23 46.9% 209
Transactions
Civil Procedure Subject Matter Jurisdiction: Diversity of Citizenship 19 38.8% 47
Secured Priority for Perfected Interests & Unperfected
18 36.7% 214
Transactions Interests
Evidence Hearsay, Multiple Hearsay, & Non-Hearsay 8 33.3% 157
UCC Article 2 Governs Contracts for the Sale of
Contracts 7 29.2% 104
Goods
Evidence Probative Value: Relevancy & Rule 403 Exclusions 7 29.2% 149
Torts Prima Facie Case of Negligence 6 25.0% 224
Torts Causation: Actual and Proximate Cause 6 25.0% 229
Civil Procedure Venue (Proper Venue & Transfer of Venue) 11 22.4% 54


Rule
Subject Rule Appeared on
Exams Priority
Criminal Law & Confessions: 5th Amendment Privilege Against

5 20.8% 141
Procedure Self-Incrimination & Miranda Rights
Torts Standard of Care: Reasonable Person Standard 5 20.8% 225
Torts Proximate Cause: Intervening Causes 5 20.8% 229
Agency Actual Authority 10 20.4% 2
Agency Apparent Authority 10 20.4% 2
Civil Procedure Subject Matter Jurisdiction: Federal Question 10 20.4% 47
Secured
Purchase Money Security Interests (PMSI’s) 10 20.4% 211
Transactions
Civil Procedure Personal Jurisdiction 9 18.4% 51
Family Law Division of Property: Marital vs. Separate Property 9 18.4% 170
Secured
Buyers in the Ordinary Course of Business 9 18.4% 213
Transactions
Trusts & Future
Class Gifts 9 18.4% 256
Interests
Wills & Estates Intestate Succession 9 18.4% 257
Wills & Estates Incorporation by Reference 9 18.4% 259
Wills & Estates Class Gifts 9 18.4% 267
Contracts Mutual Assent: Offer & Acceptance 4 16.7% 105
Modification of Contracts: Pre-Existing Duty Rule &
Exceptions
Evidence Character Evidence 4 16.7% 151
Hearsay Exclusion: Statements by a Party
Evidence 4 16.7% 158
Opponent
Evidence Hearsay Exception: Present Sense Impression 4 16.7% 158
General Warranty Deed, Special Warranty Deed, &
Real Property 4 16.7% 199
Quitclaim Deed
Real Property Bona Fide Purchasers & The Shelter Rule 4 16.7% 201
Partnerships Authority to Bind the Partnership 8 16.3% 10
Personal Liability of General Partners & Judgment
Partnerships 8 16.3% 11
Enforcement
Partnerships Dissolution of a General Partnership 8 16.3% 19
Corporations &
Fiduciary Duties of Directors: Duty of Care 8 16.3% 36
LLC’s
Subject Matter Jurisdiction: Supplemental
Civil Procedure 8 16.3% 49
Jurisdiction
Family Law Jurisdiction: Marital/Divorce & Support Actions 8 16.3% 167
Family Law Child Custody: Best Interests of the Child Standard 8 16.3% 174


Rule
Exams Priority
Secured
Types of Collateral: Equipment 8 16.3% 208
Transactions
Secured Security Interest in the Sale of Collateral &
8 16.3% 212
Transactions Identifiable Proceeds
Partnerships Creation of a General Partnership 7 14.3% 9
Modification & Enforcement of Child/Spousal
Family Law 7 14.3% 173
Support Orders
Secured
Types of Collateral: Inventory 7 14.3% 208
Transactions
Trusts & Future
Trust Formation Elements 7 14.3% 241
Interests
Wills & Estates Will Execution Formalities 7 14.3% 257
Wills & Estates Revocation by Physical Act 7 14.3% 260
Consideration: Bargained for Exchange &
Substitutes
Statute of Frauds: Contracts Requiring a Signed
Writing
Criminal Law &
Theft Crimes & Receiving Stolen Property 3 12.5% 129
Procedure
Evidence Lay Witness Testimony & Opinions 3 12.5% 156
Evidence Hearsay Exception: Excited Utterance 3 12.5% 158
Evidence Hearsay Exception: Business Records 3 12.5% 159
Hearsay Exception: Statements Made for Medical
Diagnosis/Treatment
Real Property Chain of Title and Wild Land Records 3 12.5% 200
Torts Negligence Per Se 3 12.5% 227
Causation: Eggshell Plaintiff Rule & Emotional
Torts 3 12.5% 229
Distress Stemming from Physical Injury
Strict Products Liability: Liability for Manufacturing
Torts 3 12.5% 238
Defect, Design Defect, & Failure to Warn
Partnerships Duty of Loyalty 6 12.2% 17
Corporations &
Direct & Derivative Actions 6 12.2% 40
LLC’s
Law Applied by Federal Courts: Erie Doctrine,
Substance vs. Procedure, & Supremacy Clause
Conflict of Law Applied by Federal Courts: Erie Doctrine,
6 12.2% 79
Laws Substance vs. Procedure, & Supremacy Clause
Conflict of
Full Faith and Credit: Family Law Judgments 6 12.2% 81
Laws
Family Law Premarital Agreements: Enforceability 6 12.2% 165


Rule
Exams Priority
Family Law Premarital Agreements: Child Custody & Support 6 12.2% 166
Family Law Adoption & Parental Consent 6 12.2% 180
Secured Secured Party’s Right to Take Possession of
6 12.2% 216
Transactions Collateral
Secured
Secured Party’s Right to Dispose of Collateral 6 12.2% 216
Transactions
Trusts & Future
Cy Pres Doctrine 6 12.2% 244
Interests
Trusts & Future
Rights of Creditors 6 12.2% 245
Interests
Trusts & Future Trustee Duty of Care: Investments & Prudent
6 12.2% 251
Interests Investor Rule
Wills & Estates Ademption 6 12.2% 264
Wills & Estates Disclaimers 6 12.2% 266
Agency Agent’s Contractual Liability 5 10.2% 4
Agency Employee vs. Independent Contractor 5 10.2% 6
Vicarious Liability of Employer: Doctrine of
Agency 5 10.2% 7
Respondeat Superior
Corporations &
Personal Liability & Piercing the Veil 5 10.2% 25
LLC’s
Corporations &
Fiduciary Duties of Directors: Duty of Loyalty 5 10.2% 37
LLC’s
Civil Procedure Motion for Summary Judgment 5 10.2% 69
Family Law Common Law Marriage 5 10.2% 164
Family Law Jurisdiction: Child Custody & Adoption Matters 5 10.2% 168
Family Law Child Support 5 10.2% 173
Secured Scope of Article 9 of the UCC: Substance Over
5 10.2% 207
Transactions Form Controls
Secured
Types of Collateral: Consumer Goods 5 10.2% 209
Transactions
Secured
Priority of Judgment Lien Creditors 5 10.2% 215
Transactions
Torts 5 10.2% 231
Respondeat Superior
Torts Employee vs. Independent Contractor 5 10.2% 232
Trusts & Future
Pour-over Provision in a Will 5 10.2% 242
Interests
Trusts & Future
Discretionary Trusts 5 10.2% 243
Interests


Rule
Exams Priority
Trusts & Future

Spendthrift Trusts 5 10.2% 245
Interests
Trusts & Future
Trustee Duty to Administer the Trust 5 10.2% 249
Interests
Trusts & Future
Trustee Duty of Loyalty: Self-Dealing 5 10.2% 249
Interests
Trusts & Future Common Law Rule Against Perpetuities & Modern
5 10.2% 255
Interests Modifications
Wills & Estates Holographic Wills & Codicils 5 10.2% 259
Wills & Estates Advancements/Satisfaction 5 10.2% 263
Wills & Estates Lapsed Gifts & Anti-Lapse Statutes 5 10.2% 264
Wills & Estates Legal Definition of Children 5 10.2% 269
Constitutional
State Sovereign Immunity (11th Amendment) 2 8.3% 83
Law
Constitutional State Immunity from Federal Law (10th
2 8.3% 87
Law Amendment)
Constitutional
Negative Commerce Clause 2 8.3% 88
Law
Constitutional
Governmental Action (“State Action”) 2 8.3% 89
Law
Constitutional
Equal Protection Analysis 2 8.3% 91
Law
Constitutional Freedom of Speech: Public Forum, Limited Public
2 8.3% 96
Law Forum, & Non-Public Forum
Mutual Assent: Timing of Acceptance/Revocation &
the Mailbox Rule
UCC Acceptance of Goods & Revocation of
Acceptance
Contracts Anticipatory Repudiation & Adequate Assurances 2 8.3% 118
Contracts Warranty of Title 2 8.3% 120
Contracts Common Law Expectation Damages 2 8.3% 122
Contracts UCC Seller’s Remedies & Damages 2 8.3% 123
Contracts UCC Buyer’s Remedies & Damages 2 8.3% 124
Contracts Restitution (Unjust Enrichment) 2 8.3% 125
Criminal Law &
Elements of a Crime: Causation 2 8.3% 126
Procedure
Criminal Law &
Elements of a Crime: Mental States 2 8.3% 127
Procedure
Criminal Law &
Murder 2 8.3% 128
Procedure


Rule
Exams Priority
Criminal Law &

Manslaughter 2 8.3% 128
Procedure
Criminal Law &
Burglary 2 8.3% 130
Procedure
Criminal Law &
Insanity 2 8.3% 135
Procedure
Criminal Law & Warrant Requirement for All Searches, Unless an
2 8.3% 139
Procedure Exception Applies
Criminal Law & Exclusionary Rule & the Fruit of the Poisonous Tree
2 8.3% 145
Procedure Doctrine
Criminal Law & Burden of Proof, Presumptions, & Sufficiency of
2 8.3% 147
Procedure Evidence
Evidence Habit or Routine Practice 2 8.3% 153
Evidence Impeachment: Specific Instances of Conduct 2 8.3% 155
Evidence Refreshing Recollection 2 8.3% 156
Evidence Hearsay Exclusion: Prior Statements by a Witness 2 8.3% 158
Evidence Sixth Amendment Right to Confront Witnesses 2 8.3% 161
Real Property Types of Leasehold Interests 2 8.3% 186
Real Property Landlord Duties: Duty to Mitigate Damages 2 8.3% 189
Real Property Assignment of a Lease 2 8.3% 189
Real Property Termination of Leases: Surrender 2 8.3% 190
Easements by Grant, Prescription, Implication, &
Necessity
Real Property Termination of an Easement 2 8.3% 194
Real Property Adverse Possession 2 8.3% 195
Real Property Home Builder’s Implied Warranty 2 8.3% 198
Real Property Future-Advance Mortgage 2 8.3% 203
Torts Battery 2 8.3% 220
Torts Intentional Tort Defenses: Consent 2 8.3% 223
Torts Intentional Tort Defenses: Privileges 2 8.3% 223
Torts Affirmative Duty to Act & Rendering Aid 2 8.3% 224
Torts Standard of Care: Children 2 8.3% 225
Torts Standard of Care: Professionals 2 8.3% 225
Standard of Care: Land Owner/Possessor’s Duty to
Torts 2 8.3% 226
Entrants
Torts Res Ipsa Loquitur 2 8.3% 228
Torts Comparative Negligence & Contributory Negligence 2 8.3% 230


Rule
Exams Priority
Torts Negligent Infliction of Emotional Distress 2 8.3% 230

Doctrines of Alternative Liability, Joint Enterprise,
Torts 2 8.3% 234
& Market Share Liability
Agency Creation of Agency Relationship 4 8.2% 1
Agency Fiduciary Duties Owed by the Agent to the Principal 4 8.2% 8
Partnerships Duty of Care 4 8.2% 17
Partnerships Dissociation (Withdrawal of a Partner) 4 8.2% 19
Corporations & Shareholder Meetings: Proxy Voting & Revocation
4 8.2% 29
LLC’s of a Proxy
Civil Procedure Removal 4 8.2% 50
Civil Procedure Service of Process and Notice 4 8.2% 53
Motion to Dismiss & Motion for Judgment on the
Pleadings
Civil Procedure Appeals: Final Judgment Rule & Exceptions 4 8.2% 72
Conflict of Full Faith and Credit: Ceremonial & Common Law
4 8.2% 81
Laws Marriage
Spousal Support: When Support May be Awarded,
Amount, & Termination
Family Law Agreements Between Unmarried Cohabitants 4 8.2% 177
Establishing Paternity, Presumption of Legitimacy,
& Paternity by Estoppel
Secured
Types of Collateral: Accounts 4 8.2% 208
Transactions
Secured
Types of Collateral: Proceeds 4 8.2% 209
Transactions
Secured Damages Available to a Debtor for a Secured
4 8.2% 218
Transactions Party’s Failure to Comply with Applicable Rules
Secured
Deficiency Judgments 4 8.2% 218
Transactions
Trusts & Future
Revocable & Irrevocable Trusts 4 8.2% 242
Interests
Trusts & Future
Termination of a Trust 4 8.2% 248
Interests
Trusts & Future
Principal and Income Allocations 4 8.2% 252
Interests
Trusts & Future
Remainder Beneficiary of a Trust 4 8.2% 252
Interests
Trusts & Future
Powers of Appointment 4 8.2% 254
Interests
Wills & Estates Interested Witnesses 4 8.2% 258


Rule
Exams Priority
Wills & Estates Codicils 4 8.2% 259

Wills & Estates Dependent Relative Revocation Doctrine 4 8.2% 260
Wills & Estates Abatement 4 8.2% 265
Wills & Estates Slayer Statutes 4 8.2% 266
Divorce Revokes Testamentary Provisions to a
Wills & Estates 4 8.2% 266
Former Spouse
Wills & Estates Undue Influence 4 8.2% 271
Agency Termination of Agency Relationship 3 6.1% 1
Agency Inherent Agency Power 3 6.1% 3
Partnerships Authority to Bind a Partnership After Dissolution 3 6.1% 11
Partnerships Personal Liability of Limited Partners 3 6.1% 12
Partnerships Personal Liability of Limited Liability Partners 3 6.1% 14
Partnerships Transfer of Ownership Interest in a Partnership 3 6.1% 14
Partnerships Right to Partnership Property 3 6.1% 15
Partnerships Duty to Provide Full Information 3 6.1% 18
Corporations & Liability of Promoter for Pre-Incorporation
3 6.1% 24
LLC’s Contracts
Corporations &
Authority of Officers 3 6.1% 33
LLC’s
Corporations & Fiduciary Duties Owed by Members/Managers of an
3 6.1% 38
LLC’s LLC
Corporations &
Sale of All or Substantially All of Corporate Assets 3 6.1% 43
LLC’s
Corporations & Dissenter’s Appraisal Rights for Fundamental
3 6.1% 43
LLC’s Changes
Civil Procedure Temporary Restraining Order (TRO) 3 6.1% 57
Civil Procedure Amendments to Pleadings & Relation Back Doctrine 3 6.1% 57
Civil Procedure Permissive Joinder of Parties 3 6.1% 61
Civil Procedure Attorney Work Product Doctrine 3 6.1% 66
Civil Procedure Pretrial Conference and Order 3 6.1% 67
Civil Procedure Motion for Judgment as a Matter of Law 3 6.1% 69
Civil Procedure Issue Preclusion (Collateral Estoppel) 3 6.1% 72
Conflict of Choice of Law Theories: Most Significant
3 6.1% 75
Laws Relationship Approach
Conflict of Choice of Law Theories: Interest Analysis
3 6.1% 75
Laws Approach


Rule
Exams Priority
Conflict of
Choice of Law Rules: Contracts 3 6.1% 77
Laws
Family Law Bigamous Marriage 3 6.1% 164
Setting Aside Separation & Divorce Settlement
Agreements
Family Law Child Custody: Parent vs. Third-Party Custody 3 6.1% 174
Family Law Visitation: Third-Party Visitation Rights 3 6.1% 175
Family Law Modification of a Child Custody Order 3 6.1% 176
Family Law Unmarried Biological Father’s Rights 3 6.1% 178
Secured
Financing Statements 3 6.1% 210
Transactions
Secured
Transfers of Collateral & The Shelter Principle 3 6.1% 213
Transactions
Secured
Consumer-to-Consumer Rule 3 6.1% 214
Transactions
Secured
Fixtures 3 6.1% 215
Transactions
Secured
Right to Collect Directly from an Account Debtor 3 6.1% 217
Transactions
Trusts & Future
Precatory Language & Promises to Create a Trust 3 6.1% 241
Interests
Trusts & Future
Support Trusts 3 6.1% 244
Interests
Trusts & Future
Trustee Duty of Loyalty: Duty to Act Impartially 3 6.1% 250
Interests
Trusts & Future
Vested Remainder Interest 3 6.1% 253
Interests
Trusts & Future
Vested Interests: Condition on Survivorship 3 6.1% 253
Interests
Trusts & Future
Acceleration of Future Interests 3 6.1% 254
Interests
Trusts & Future
Powers of Appointment: Ineffective Appointments 3 6.1% 255
Interests
Wills & Estates Revocation by Subsequent Will or Codicil 3 6.1% 260
Wills & Estates Contractual Wills 3 6.1% 261
Wills & Estates Stock Splits and Dividends 3 6.1% 265
Wills & Estates Pretermitted Children 3 6.1% 270
Wills & Estates Testamentary Capacity 3 6.1% 271
Constitutional
Commerce Clause 1 4.2% 85
Law


Rule
Exams Priority
Constitutional Power to Enforce the 13th, 14th, and 15th

1 4.2% 85
Law Amendments
Constitutional
Spending Power 1 4.2% 86
Law
Constitutional
Takings (5th Amendment) 1 4.2% 92
Law
Constitutional
Unprotected Speech: Fighting Words 1 4.2% 98
Law
Constitutional Unprotected Speech: Incitement of Imminent
1 4.2% 98
Law Lawless Action
Constitutional
Freedom of Speech: Public School Students 1 4.2% 99
Law
Constitutional
Freedom of Speech: Vague & Overbroad Laws 1 4.2% 101
Law
Constitutional Freedom of the Press: Defamation & Actual Malice
1 4.2% 102
Law Standard
Constitutional Freedom of the Press: Disclosure of Private Facts
1 4.2% 102
Law & Generally Applicable Laws
Contracts Applicable Law: UCC Article 2 vs. Common Law 1 4.2% 105
Mutual Assent: Battle of the Forms (Mirror Image
Rule and UCC Exception)
Contracts Duress 1 4.2% 110
Contracts Misrepresentation 1 4.2% 111
Contracts Parol Evidence Rule 1 4.2% 114
Contracts Condition Precedent 1 4.2% 114
Minor Breach (Substantial Performance Doctrine)
vs. Material Breach
Divisible Performance (Part Performances as
Agreed Equivalents)
Contracts Express Warranty 1 4.2% 119
Contracts Third-Party Beneficiaries & Enforcement of Rights 1 4.2% 120
Contracts Assignment of Rights 1 4.2% 121
Contracts Delegation of Duties 1 4.2% 122
Contracts Consequential Damages 1 4.2% 123
Contracts Punitive Damages 1 4.2% 123
Contracts Waste Doctrine & Diminution in Value Damages 1 4.2% 124
Contracts Mitigation of Damages 1 4.2% 125
Criminal Law &
Attempt 1 4.2% 132
Procedure


Rule
Exams Priority
Criminal Law &

Accomplice Liability 1 4.2% 133
Procedure
Criminal Law &
Duress 1 4.2% 134
Procedure
Criminal Law & Fourth Amendment Right – Government Action &
1 4.2% 137
Procedure Standing
Criminal Law &
Arrests 1 4.2% 138
Procedure
Criminal Law & Request for Information, Stop and Inquire, & Stop
1 4.2% 138
Procedure and Frisk
Criminal Law & Exception to Warrant Requirement: Plain View
1 4.2% 139
Procedure Doctrine
Criminal Law & Exception to Warrant Requirement: Automobile
1 4.2% 140
Procedure Exception
Criminal Law & Confessions: 14th Amendment Due Process
1 4.2% 141
Procedure Clause
Criminal Law &
Confessions: 6th Amendment Right to Counsel 1 4.2% 143
Procedure
Criminal Law &
Right to a Jury Trial 1 4.2% 146
Procedure
Criminal Law &
Competence to Stand Trial 1 4.2% 146
Procedure
Criminal Law &
Double Jeopardy 1 4.2% 147
Procedure
Evidence Subsequent Remedial Measures 1 4.2% 149
Evidence Compromise/Settlement Offers & Negotiations 1 4.2% 150
Evidence Offers to Pay Medical Expenses 1 4.2% 150
Evidence Prior Bad Acts 1 4.2% 153
Evidence Impeachment: Prior Inconsistent Statements 1 4.2% 154
Evidence Impeachment: Prior Convictions 1 4.2% 154
Impeachment: Ability to Observe, Remember, or
Evidence 1 4.2% 155
Relate Accurately
Evidence Impeachment: Hearsay Declarants 1 4.2% 155
Evidence Expert Witness Testimony 1 4.2% 157
Evidence Hearsay Exception: Past Recollection Recorded 1 4.2% 160
Spousal Privileges: Spousal Immunity &
Evidence 1 4.2% 161
Confidential Marital Communications
Evidence Physician-Patient Privilege 1 4.2% 162
Real Property Present Estates: Defeasible Fees 1 4.2% 182


Rule
Exams Priority
Real Property Present Estates: Statute of Limitations 1 4.2% 183

Real Property Future Estates: Reverter & the Right of Re-Entry 1 4.2% 183
Real Property Future Estates: Vested and Contingent Remainders 1 4.2% 184
Real Property Tenancy in Common 1 4.2% 184
Real Property Joint Tenancy: Formation 1 4.2% 185
Real Property Joint Tenancy: Severance 1 4.2% 185
Real Property Landlord Duties: Implied Warranty of Habitability 1 4.2% 188
Real Property Landlord Duties: Constructive Eviction 1 4.2% 188
Real Property Fixtures 1 4.2% 195
Real Property Warranty of Marketable Title 1 4.2% 196
Warranty of Marketable Title: Damages
Recoverable
Real Property Doctrine of Equitable Conversion & Risk of Loss 1 4.2% 197
Real Property Deed Requirements 1 4.2% 199
Real Property Recording Statutes & Notice 1 4.2% 200
Owner by Adverse Possession vs. Subsequent
Bona Fide Purchasers
Real Property Assumption & Transfer Subject to a Mortgage 1 4.2% 204
Mortgages: Foreclosure, Order of Preference, and
Deficiency Judgments
Real Property Zoning Ordinances: Previous Non-Conforming Use 1 4.2% 205
Real Property Choice of Law Rules: Real Property Cases 1 4.2% 205
Torts False Imprisonment 1 4.2% 221
Torts Standard of Care: Landlord’s Duty to Tenants 1 4.2% 227
Torts Joint and Several Liability 1 4.2% 233
Torts Indemnification 1 4.2% 233
Torts Strict Liability: Abnormally Dangerous Activity 1 4.2% 238
Torts Products Liability: Liability for Negligence 1 4.2% 240
Torts Products Liability: Liability for Breach of Warranty 1 4.2% 240
Agency Ratification of Agent’s Contracts 2 4.1% 4
Vicarious Liability of Employer: Liability Where
Agency 2 4.1% 7
Respondeat Superior Doctrine Inapplicable
Vicarious Liability for Acts of Independent
Agency 2 4.1% 8
Contractors
Partnerships Formation of a Limited Partnership (LP) 2 4.1% 9
Partnerships Formation of a Limited Liability Partnership (LLP) 2 4.1% 10


Rule
Exams Priority
Partnerships Right to Management & Control 2 4.1% 14

Partnerships Management & Control in a Limited Partnership 2 4.1% 16
Partnerships Limited Partner’s Right to Inspect Records 2 4.1% 16
Partnerships Winding Up & Termination of the Partnership 2 4.1% 21
Corporations & Formation of a Corporation (Articles of
2 4.1% 22
LLC’s Incorporation)
Corporations &
Bylaws 2 4.1% 22
LLC’s
Corporations & Liability of Corporation for Pre-Incorporation
2 4.1% 24
LLC’s Contracts
Corporations &
Authorized, Outstanding, & Reacquired Shares 2 4.1% 27
LLC’s
Corporations &
Dividends & Distributions to Shareholders 2 4.1% 28
LLC’s
Corporations &
Shareholder Meetings: Right to Vote & Record Date 2 4.1% 28
LLC’s
Corporations &
Shareholder Meetings: Quorum & Voting 2 4.1% 30
LLC’s
Corporations &
Shareholder’s Right to Inspect Books and Records 2 4.1% 31
LLC’s
Corporations &
Amending the Articles of Incorporation 2 4.1% 42
LLC’s
Corporations &
Voluntary Dissolution of a Corporation 2 4.1% 44
LLC’s
Corporations &
Dissolution & Winding Up of an LLC 2 4.1% 46
LLC’s
Civil Procedure Abstention Doctrines 2 4.1% 50
Civil Procedure Preliminary Injunction 2 4.1% 56
Civil Procedure Counterclaims 2 4.1% 58
Civil Procedure Rule 11 – Representations to the Court 2 4.1% 59
Civil Procedure Rule 11 – Sanctions Imposed 2 4.1% 60
Civil Procedure Required Joinder of Parties 2 4.1% 61
Civil Procedure Claim Preclusion (Res Judicata) 2 4.1% 71
Conflict of Choice of Law Theories: Traditional Vested Rights
2 4.1% 75
Laws Approach
Conflict of Choice of Law Rules: Contractual Forum-Selection
2 4.1% 78
Laws Clause
Conflict of Choice of Law Rules: Inheritance of Real &
2 4.1% 79
Laws Personal Property


Rule
Exams Priority
Family Law Premarital Agreements: Spousal Support 2 4.1% 166

Rights & Responsibilities of Spouses: Payment for
Necessities
Family Law Divorce Grounds 2 4.1% 169
Division of Property: Professional License or
Degree
Family Law Division of Property: Marital & Economic Fault 2 4.1% 171
Family Law Modification of a Property Division Award 2 4.1% 172
Family Law Division of Property of Unmarried Cohabitants 2 4.1% 177
Family Law Right to Control the Child’s Upbringing 2 4.1% 179
Family Law Artificial Insemination & In Vitro Fertilization 2 4.1% 181
Secured
Types of Collateral: Chattel Paper 2 4.1% 209
Transactions
Secured
Future Advances 2 4.1% 213
Transactions
Secured
Debtor’s Right of Redemption 2 4.1% 218
Transactions
Torts 2 4.1% 232
Respondeat Superior Doctrine is Inapplicable
Torts 2 4.1% 232
Contractors
Trusts & Future
Modification of a Trust 2 4.1% 246
Interests
Trusts & Future
Conditions that Prohibit Marriage or Require Divorce 2 4.1% 248
Interests
Trusts & Future
Trustee Duty of Loyalty: Conflicts of Interest 2 4.1% 250
Interests
Trusts & Future Trustee Acting in Accordance with the Settlor’s
2 4.1% 251
Interests Wishes
Trusts & Future
Future Interests: Substituted Takers 2 4.1% 253
Interests
Trusts & Future Powers of Appointment: Special Power of
2 4.1% 255
Interests Appointment
Will Execution Formalities: Strict Compliance &
Substantial Compliance Doctrine
Wills & Estates Revival of a Will 2 4.1% 261
Wills & Estates Will Takes Effect at the Time of Death 2 4.1% 262
Wills & Estates Per Stirpes Distribution 2 4.1% 262
Wills & Estates Simultaneous Death 2 4.1% 263


Rule
Exams Priority
Wills & Estates Residue of a Residue Approach 2 4.1% 263

Wills & Estates Conditions that Prohibit Marriage or Require Divorce 2 4.1% 264
Wills & Estates Inheritance Rights of Children & Disinheritance 2 4.1% 268
Wills & Estates Inheritance by Equitable Adoption 2 4.1% 269
Wills & Estates Spouse’s Elective Share 2 4.1% 269
Wills & Estates Standing to Challenge a Will 2 4.1% 272
Joint Bank Accounts & Convenience Account
Exception
Wills & Estates Life Insurance Beneficiary 2 4.1% 273
Durable Health-Care Power of Attorney &
Advanced Directives
Durable Health Care Power of Attorney & Living
Wills: Insulation of Agent’s Liability
Wills & Estates Family Consent Laws 2 4.1% 275
Agency Types of Agency Relationships 1 2.0% 1
Partnerships Sharing of Profits and Losses 1 2.0% 14
Partnerships Remuneration (Payment for Partner’s Services) 1 2.0% 15
Partnerships Partnership Ownership of Inventions 1 2.0% 16
Advance of Funds to the Partnership &
Reimbursement
Partnerships Action Against a Partner for Misconduct 1 2.0% 18
Partnerships Dissolution of a Limited Partnership 1 2.0% 21
Corporations &
Amending the Bylaws 1 2.0% 23
LLC’s
Corporations &
Powers of a Corporation 1 2.0% 23
LLC’s
Corporations &
Formation of an LLC 1 2.0% 23
LLC’s
Corporations &
Defective Incorporation & Owner Liability 1 2.0% 24
LLC’s
Corporations &
Common & Preferred Shares 1 2.0% 26
LLC’s
Corporations &
Consideration in Exchange for Shares 1 2.0% 27
LLC’s
Corporations & Shareholder Meetings: Annual Meetings, Special
1 2.0% 29
LLC’s Meetings, & Notice
Corporations &
Shareholder Meetings: Election of Directors 1 2.0% 30
LLC’s


Rule
Exams Priority
Corporations &
Shareholder Voting Agreements 1 2.0% 31
LLC’s
Corporations &
Board of Directors Meeting: Quorum 1 2.0% 31
LLC’s
Corporations &
Board of Directors Meeting: Notice & Waiver 1 2.0% 32
LLC’s
Corporations &
Board Action by Written Consent 1 2.0% 32
LLC’s
Corporations &
Removal of Directors 1 2.0% 33
LLC’s
Corporations &
Removal of Officers 1 2.0% 34
LLC’s
Corporations &
Management of an LLC 1 2.0% 34
LLC’s
Corporations &
Authority of Members and Managers of an LLC 1 2.0% 34
LLC’s
Corporations &
Preemptive Rights 1 2.0% 35
LLC’s
Corporations &
Restrictions on Share Transfers 1 2.0% 36
LLC’s
Corporations &
Fiduciary Duties of Shareholders 1 2.0% 38
LLC’s
Corporations & Restricting/Eliminating Fiduciary Duties in a
1 2.0% 38
LLC’s Corporation
Corporations &
Restricting/Eliminating Fiduciary Duties in an LLC 1 2.0% 39
LLC’s
Corporations & Derivative Actions: Dismissal by the Board of
1 2.0% 41
LLC’s Directors
Corporations &
Federal Securities Law – Rule 10b-5 1 2.0% 41
LLC’s
Corporations &
Mergers and Share Exchanges 1 2.0% 42
LLC’s
Corporations &
Judicial Dissolution of a Corporation 1 2.0% 44
LLC’s
Corporations &
Dissociation of a Member from an LLC 1 2.0% 45
LLC’s
Subject Matter Jurisdiction: Domestic Relations
Exception
Civil Procedure Cross-Claims 1 2.0% 59
Civil Procedure Rule 11 – Procedure for Filing a Sanctions Motion 1 2.0% 61
Civil Procedure Intervention as of Right & Permissive Intervention 1 2.0% 62


Rule
Exams Priority
Civil Procedure Impleader (Third-Party Actions) 1 2.0% 63

Civil Procedure Class Action Requirements & Certification 1 2.0% 63
Discoverable Information (Relevant & Proportional
Standard)
Civil Procedure Depositions 1 2.0% 64
Electronically Stored Information & Spoliation
Sanctions
Rule 26(g) – Signing Disclosures & Sanctions for
Improper Certification
Civil Procedure Rule 26(a) Initial Disclosures 1 2.0% 66
Civil Procedure Motion for a New Trial 1 2.0% 70
Civil Procedure Preclusive Effect of a Default Judgment 1 2.0% 71
Conflict of
Choice of Law Rules: Torts 1 2.0% 76
Laws
Conflict of
Choice of Law Rules: Premarital Agreements 1 2.0% 78
Laws
Conflict of
Choice of Law Rules: Real Property Cases 1 2.0% 78
Laws
Conflict of Law Applied by State Courts: Substance vs.
1 2.0% 80
Laws Procedure
Conflict of Full Faith and Credit: State, Federal, and Foreign
1 2.0% 80
Laws Court Judgments
Marriage Requirements (State of Mind &
Procedural)
Premarital Agreements: Eliminating Fundamental
Family Law Marital Duties & Allocating Financial 1 2.0% 166
Responsibilities
Rights & Responsibilities of Spouses: Married
Women’s Property Acts
Family Law Annulment 1 2.0% 169
Family Law Division of Property: No Termination Upon Death 1 2.0% 171
Family Law Spousal Support: Reinstatement of Prior Award 1 2.0% 173
Family Law Child Custody: Joint Custody 1 2.0% 175
Family Law Child Custody: Presumption of Parental Fitness 1 2.0% 175
Family Law Visitation: Parental Visitation Rights 1 2.0% 175
Child Custody: Relocation of the Custodial Parent &
Child
Family Law Putative Spouse Doctrine 1 2.0% 177
Family Law Intra-Family Lawsuits & Immunities 1 2.0% 179


Rule
Exams Priority
Family Law Loss of Consortium Claims 1 2.0% 179

Family Law Adoption: Visitation for Biological Parents 1 2.0% 180
Family Law Surrogacy Arrangements 1 2.0% 181
Secured
Types of Collateral: Deposit Accounts 1 2.0% 208
Transactions
No Interest Retained in a Payment Right Sold &
Secured
Rights/Title with Respect to Creditors and 1 2.0% 211
Transactions
Purchasers
Secured Automatic Perfection for Certain Assignment of
1 2.0% 211
Transactions Accounts
Secured
Consignment 1 2.0% 212
Transactions
Secured
Control of a Deposit Account 1 2.0% 213
Transactions
Secured
Priority of Liens Arising by Law 1 2.0% 215
Transactions
Secured
Accessions & Commingling 1 2.0% 216
Transactions
Trusts & Future
Testamentary Trusts 1 2.0% 242
Interests
Trusts & Future
Charitable Trusts 1 2.0% 243
Interests
Trusts & Future
Illusory Trusts 1 2.0% 243
Interests
Trusts & Future
Resulting Trusts 1 2.0% 243
Interests
Trusts & Future
How Trust Assets Pass 1 2.0% 244
Interests
Trusts & Future
Powers of Invasion 1 2.0% 246
Interests
Trusts & Future Equitable Deviation Doctrine & Modification of
1 2.0% 247
Interests Administrative and Dispositive Trust Provisions
Trusts & Future
Additions Clause in a Trust 1 2.0% 248
Interests
Trusts & Future
Distribution Upon Termination 1 2.0% 248
Interests
Trusts & Future Trustee Duty of Care: Prudent Administration, Take
1 2.0% 249
Interests Control, & Protect Trust Property
Trusts & Future
Trustee Duty of Care: Failure to Test the Market 1 2.0% 250
Interests


Rule
Exams Priority
Trusts & Future

Delegation of Trustee Duties 1 2.0% 251
Interests
Trusts & Future
Damages for Wrongful Invasion of Trust Assets 1 2.0% 252
Interests
Trusts & Future Future Interests: Representation of
1 2.0% 252
Interests Remaindermen
Wills & Estates Doctrine of Integration 1 2.0% 258
Wills & Estates Acts of Independent Significance 1 2.0% 260
Wills & Estates Per Capita at Each Generation Distribution 1 2.0% 262
Modern Per Stirpes (Per Capita by Representation)
Distribution
Wills & Estates Generically Described Property 1 2.0% 263
Wills Provisions Governing when the Testator Dies
With or Without Issue
Wills & Estates Exoneration 1 2.0% 265
Prenuptial Agreement Does Not Apply to Voluntary
Gifts or Bequests
Wills & Estates Specific, General, and Demonstrative Gifts 1 2.0% 267
Wills & Estates Fraud 1 2.0% 271
Wills & Estates No-Contest Clauses 1 2.0% 272
Wills & Estates Modification of a Will Due to Mistake 1 2.0% 272
Wills & Estates Totten Trusts 1 2.0% 273
Wills & Estates Inter Vivos Gifts 1 2.0% 273
Wills & Estates Invasion of Non-Probate Assets to Pay Creditors 1 2.0% 274
Wills & Estates Powers & Duties of Personal Representatives 1 2.0% 274
Corporations & Board of Directors Meeting: Voting & Objection to
0 0.0% 32
LLC’s Actions
Constitutional
Standing 0 0.0% 83
Law
Constitutional
Advisory Opinions, Ripeness, & Mootness 0 0.0% 84
Law
Constitutional
Taxing Power 0 0.0% 86
Law
Constitutional
Executive Powers: Domestic Powers 0 0.0% 86
Law
Constitutional Executive Powers: Treaty and Foreign Affairs
0 0.0% 87
Law Powers
Constitutional Delegation of Congressional Powers & Non-
0 0.0% 87
Law Delegation Doctrine


Rule
Exams Priority
Constitutional
Supremacy Clause & Preemption 0 0.0% 89
Law
Constitutional
Substantive Due Process 0 0.0% 90
Law
Constitutional
Procedural Due Process 0 0.0% 90
Law
Constitutional
Privileges and Immunities Clause 0 0.0% 93
Law
Constitutional
Freedom of Religion: Establishment Clause 0 0.0% 94
Law
Constitutional
Freedom of Religion: Free Exercise Clause 0 0.0% 94
Law
Constitutional Freedom of Speech: Content-Based vs. Content-
0 0.0% 96
Law Neutral Restrictions
Constitutional
Unprotected Speech: Obscenity 0 0.0% 99
Law
Constitutional Freedom of Speech: Regulation of Commercial
0 0.0% 99
Law Speech
Constitutional
Freedom of Speech: Government Employees 0 0.0% 100
Law
Constitutional Freedom of Speech: Regulation of Expressive
0 0.0% 101
Law Conduct
Constitutional
Freedom of Speech: Prior Restraint 0 0.0% 101
Law
Constitutional
Freedom of Association 0 0.0% 103
Law
Contracts Mutual Assent: Implied-in-Fact Contracts 0 0.0% 107
Contracts Indefiniteness or Absence of Terms 0 0.0% 107
Contracts Consideration: Settlement/Release of Legal Claims 0 0.0% 109
Contracts Incapacity 0 0.0% 109
Contracts Undue Influence 0 0.0% 110
Contracts Mutual Mistake & Unilateral Mistake 0 0.0% 110
Contracts Illegality & Public Policy 0 0.0% 112
Contracts Unconscionability 0 0.0% 112
Contracts Implied Obligation of Good Faith and Fair Dealing 0 0.0% 115
Impossibility, Impracticability, & Frustration of
Purpose
Contracts UCC Perfect Tender Rule & Exceptions 0 0.0% 117
Contracts Accord and Satisfaction 0 0.0% 118


Rule
Exams Priority
Contracts Implied Warranty of Merchantability 0 0.0% 119

Implied Warranty of Fitness for a Particular
Purpose
Contracts Limiting Damages for Breach of Warranty 0 0.0% 120
Contracts Specific Performance 0 0.0% 123
Contracts Rescission 0 0.0% 125
Criminal Law &
Elements of a Crime: Acts and Omissions 0 0.0% 126
Procedure
Criminal Law &
Robbery 0 0.0% 130
Procedure
Criminal Law &
Rape & Statutory Rape 0 0.0% 130
Procedure
Criminal Law &
Assault and Battery 0 0.0% 131
Procedure
Criminal Law &
Kidnapping & False Imprisonment 0 0.0% 131
Procedure
Criminal Law &
Arson 0 0.0% 131
Procedure
Criminal Law &
Criminal Possession Offenses 0 0.0% 132
Procedure
Criminal Law &
Conspiracy 0 0.0% 132
Procedure
Criminal Law &
Solicitation 0 0.0% 133
Procedure
Criminal Law &
Justification: Self-Defense & Defense of Others 0 0.0% 135
Procedure
Criminal Law &
Intoxication 0 0.0% 136
Procedure
Criminal Law &
Mistake of Fact or Law 0 0.0% 136
Procedure
Criminal Law & Exception to Warrant Requirement: Exigent
0 0.0% 140
Procedure Circumstances
Criminal Law & Exception to Warrant Requirement: Search
0 0.0% 140
Procedure Incident to Arrest
Criminal Law &
Exception to Warrant Requirement: Consent 0 0.0% 140
Procedure
Criminal Law & Exception to Warrant Requirement: Inventory
0 0.0% 141
Procedure Search
Criminal Law & Right to Counsel & Effective Assistance of Counsel
0 0.0% 144
Procedure at Trial


Rule
Exams Priority
Criminal Law & Line-Ups & Police-Arranged Identification

0 0.0% 144
Procedure Procedures
Criminal Law &
Harmless Error Rule 0 0.0% 148
Procedure
Evidence Pleas & Plea Negotiations 0 0.0% 150
Evidence Liability Insurance 0 0.0% 150
Evidence Authentication of Evidence 0 0.0% 151
Evidence Best Evidence Rule 0 0.0% 151
Evidence Impeachment: Character for Truthfulness 0 0.0% 155
Evidence Judicial Notice 0 0.0% 156
Hearsay Exception: Statements of Mental,
Evidence 0 0.0% 159
Emotional, or Physical Condition
Evidence Hearsay Exception: Dying Declaration 0 0.0% 159
Evidence Hearsay Exception: Statement Against Interest 0 0.0% 160
Evidence Hearsay Exception: Public Records 0 0.0% 160
Evidence Attorney-Client Privilege 0 0.0% 162
Evidence Attorney Work Product Doctrine 0 0.0% 162
Evidence Psychotherapist-Patient Privilege 0 0.0% 163
Real Property Present Estates: Fee Simple Absolute & Fee Tail 0 0.0% 182
Real Property Present Estates: Life Estate 0 0.0% 183
Co-Tenant’s Entitlement to Rent or Reimbursement
for Repairs/Improvements
Real Property Tenant Duties: Duty to Pay Rent 0 0.0% 187
Landlord’s Rights and Liabilities Concerning a Hold-
Over Tenant
Real Property Subleases 0 0.0% 190
Real Property Real Covenants 0 0.0% 191
Real Property Equitable Servitudes 0 0.0% 191
Common Scheme or Plan Doctrine (Reciprocal
Negative Servitude)
Restrictive Covenants: Common Interest
Real Property Ownership Communities & Property Owner 0 0.0% 192
Associations
Real Property Scope of an Easement 0 0.0% 194
Real Property Licenses 0 0.0% 195
Real Property Requirements for a Valid Land Sale Contract 0 0.0% 196
Real Property Time of Performance for Real Estate Contracts 0 0.0% 198


Rule
Exams Priority
Real Property Action for Specific Performance of Real Property 0 0.0% 198
Real Property Estoppel by Deed 0 0.0% 200
Deeds: Drafting, Review, and Negotiation of Closing
Documents
Deeds: Persons Authorized to Execute Real Estate
Documents
Real Property Mortgages & Requirements for a Valid Mortgage 0 0.0% 202
Real Property Purchase Money Mortgage 0 0.0% 203
Real Property Deed of Trust 0 0.0% 203
Real Property Transfer of a Mortgage Note 0 0.0% 204
Real Property Zoning Ordinances 0 0.0% 205
Real Property Zoning Ordinances: Variances 0 0.0% 205
Torts Assault 0 0.0% 220
Torts Intentional Infliction of Emotional Distress 0 0.0% 221
Torts Trespass to Land 0 0.0% 221
Torts Trespass to Chattels & Conversion 0 0.0% 222
Torts Doctrine of Transferred Intent 0 0.0% 222
Torts Assumption of Risk 0 0.0% 230
Torts Contribution 0 0.0% 233
Torts Defamation 0 0.0% 234
Torts Invasion of Privacy Torts 0 0.0% 236
Torts Intentional Interference with Business Relations 0 0.0% 236
Torts Intentional & Negligence Misrepresentation 0 0.0% 237
Torts Public and Private Nuisance 0 0.0% 237
Torts Strict Liability: Wild & Domestic Animals 0 0.0% 238

Rules Appearing on Past

UBE/MEE Essays
MEE Rule Frequency

(Sorted by Frequency within Each Subject)
Total Bar Exams Analyzed 49

Total # of Essays 358
Total # of Rules Analyzed 572

Rule
Subject Rule Appeared on Exams Priority
Agency Actual Authority 10 20.4% 2

Agency Apparent Authority 10 20.4% 2
Agency Agent’s Contractual Liability 5 10.2% 4
Agency Employee vs. Independent Contractor 5 10.2% 6
Agency 5 10.2% 7
Respondeat Superior
Agency Creation of Agency Relationship 4 8.2% 1
Agency Fiduciary Duties Owed by the Agent to the Principal 4 8.2% 8
Agency Termination of Agency Relationship 3 6.1% 1
Agency Inherent Agency Power 3 6.1% 3
Agency Ratification of Agent’s Contracts 2 4.1% 4
Agency 2 4.1% 7
Respondeat Superior Doctrine Inapplicable


Rule
Exams Priority

Agency 2 4.1% 8
Contractors
Agency Types of Agency Relationships 1 2.0% 1
Partnerships Authority to Bind the Partnership 8 16.3% 10
Personal Liability of General Partners & Judgment
Enforcement
Partnerships Dissolution of a General Partnership 8 16.3% 19
Partnerships Creation of a General Partnership 7 14.3% 9
Partnerships Duty of Loyalty 6 12.2% 17
Partnerships Duty of Care 4 8.2% 17
Partnerships Dissociation (Withdrawal of a Partner) 4 8.2% 19
Partnerships Authority to Bind a Partnership After Dissolution 3 6.1% 11
Partnerships Personal Liability of Limited Partners 3 6.1% 12
Partnerships Personal Liability of Limited Liability Partners 3 6.1% 14
Partnerships Transfer of Ownership Interest in a Partnership 3 6.1% 14
Partnerships Right to Partnership Property 3 6.1% 15
Partnerships Duty to Provide Full Information 3 6.1% 18
Partnerships Formation of a Limited Partnership (LP) 2 4.1% 9
Partnerships Formation of a Limited Liability Partnership (LLP) 2 4.1% 10
Partnerships Right to Management & Control 2 4.1% 14
Partnerships Management & Control in a Limited Partnership 2 4.1% 16
Partnerships Limited Partner’s Right to Inspect Records 2 4.1% 16
Partnerships Winding Up & Termination of the Partnership 2 4.1% 21
Partnerships Sharing of Profits and Losses 1 2.0% 14
Partnerships Remuneration (Payment for Partner’s Services) 1 2.0% 15
Partnerships Partnership Ownership of Inventions 1 2.0% 16
Advance of Funds to the Partnership &
Reimbursement
Partnerships Action Against a Partner for Misconduct 1 2.0% 18
Partnerships Dissolution of a Limited Partnership 1 2.0% 21
Corporations &
Fiduciary Duties of Directors: Duty of Care 8 16.3% 36
LLC’s
Corporations &
Direct & Derivative Actions 6 12.2% 40
LLC’s
Corporations &
Personal Liability & Piercing the Veil 5 10.2% 25
LLC’s


Rule
Exams Priority
Corporations &
Fiduciary Duties of Directors: Duty of Loyalty 5 10.2% 37
LLC’s
Corporations & Shareholder Meetings: Proxy Voting & Revocation
4 8.2% 29
LLC’s of a Proxy
Corporations & Liability of Promoter for Pre-Incorporation
3 6.1% 24
LLC’s Contracts
Corporations &
Authority of Officers 3 6.1% 33
LLC’s
Corporations & Fiduciary Duties Owed by Members/Managers of an
3 6.1% 38
LLC’s LLC
Corporations &
Sale of All or Substantially All of Corporate Assets 3 6.1% 43
LLC’s
Corporations & Dissenter’s Appraisal Rights for Fundamental
3 6.1% 43
LLC’s Changes
Corporations & Formation of a Corporation (Articles of
2 4.1% 22
LLC’s Incorporation)
Corporations &
Bylaws 2 4.1% 22
LLC’s
Corporations & Liability of Corporation for Pre-Incorporation
2 4.1% 24
LLC’s Contracts
Corporations &
Authorized, Outstanding, & Reacquired Shares 2 4.1% 27
LLC’s
Corporations &
Dividends & Distributions to Shareholders 2 4.1% 28
LLC’s
Corporations &
Shareholder Meetings: Right to Vote & Record Date 2 4.1% 28
LLC’s
Corporations &
Shareholder Meetings: Quorum & Voting 2 4.1% 30
LLC’s
Corporations &
Shareholder’s Right to Inspect Books and Records 2 4.1% 31
LLC’s
Corporations &
Amending the Articles of Incorporation 2 4.1% 42
LLC’s
Corporations &
Voluntary Dissolution of a Corporation 2 4.1% 44
LLC’s
Corporations &
Dissolution & Winding Up of an LLC 2 4.1% 46
LLC’s
Corporations &
Amending the Bylaws 1 2.0% 23
LLC’s
Corporations &
Powers of a Corporation 1 2.0% 23
LLC’s
Corporations &
Formation of an LLC 1 2.0% 23
LLC’s


Rule
Exams Priority
Corporations &
Defective Incorporation & Owner Liability 1 2.0% 24
LLC’s
Corporations &
Common & Preferred Shares 1 2.0% 26
LLC’s
Corporations &
Consideration in Exchange for Shares 1 2.0% 27
LLC’s
Corporations & Shareholder Meetings: Annual Meetings, Special
1 2.0% 29
LLC’s Meetings, & Notice
Corporations &
Shareholder Meetings: Election of Directors 1 2.0% 30
LLC’s
Corporations &
Shareholder Voting Agreements 1 2.0% 31
LLC’s
Corporations &
Board of Directors Meeting: Quorum 1 2.0% 31
LLC’s
Corporations &
Board of Directors Meeting: Notice & Waiver 1 2.0% 32
LLC’s
Corporations &
Board Action by Written Consent 1 2.0% 32
LLC’s
Corporations &
Removal of Directors 1 2.0% 33
LLC’s
Corporations &
Removal of Officers 1 2.0% 34
LLC’s
Corporations &
Management of an LLC 1 2.0% 34
LLC’s
Corporations &
Authority of Members and Managers of an LLC 1 2.0% 34
LLC’s
Corporations &
Preemptive Rights 1 2.0% 35
LLC’s
Corporations &
Restrictions on Share Transfers 1 2.0% 36
LLC’s
Corporations &
Fiduciary Duties of Shareholders 1 2.0% 38
LLC’s
Corporations & Restricting/Eliminating Fiduciary Duties in a
1 2.0% 38
LLC’s Corporation
Corporations &
Restricting/Eliminating Fiduciary Duties in an LLC 1 2.0% 39
LLC’s
Corporations & Derivative Actions: Dismissal by the Board of
1 2.0% 41
LLC’s Directors
Corporations &
Federal Securities Law – Rule 10b-5 1 2.0% 41
LLC’s
Corporations &
Mergers and Share Exchanges 1 2.0% 42
LLC’s


Rule
Exams Priority
Corporations &
Judicial Dissolution of a Corporation 1 2.0% 44
LLC’s
Corporations &
Dissociation of a Member from an LLC 1 2.0% 45
LLC’s
Corporations & Board of Directors Meeting: Voting & Objection to
0 0.0% 32
LLC’s Actions
Civil Procedure Subject Matter Jurisdiction: Diversity of Citizenship 19 38.8% 47
Civil Procedure Venue (Proper Venue & Transfer of Venue) 11 22.4% 54
Civil Procedure Subject Matter Jurisdiction: Federal Question 10 20.4% 47
Civil Procedure Personal Jurisdiction 9 18.4% 51
Subject Matter Jurisdiction: Supplemental
Jurisdiction
Law Applied by Federal Courts: Erie Doctrine,
Substance vs. Procedure, & Supremacy Clause
Civil Procedure Motion for Summary Judgment 5 10.2% 69
Civil Procedure Removal 4 8.2% 50
Civil Procedure Service of Process and Notice 4 8.2% 53
Motion to Dismiss & Motion for Judgment on the
Pleadings
Civil Procedure Appeals: Final Judgment Rule & Exceptions 4 8.2% 72
Civil Procedure Temporary Restraining Order (TRO) 3 6.1% 57
Civil Procedure Amendments to Pleadings & Relation Back Doctrine 3 6.1% 57
Civil Procedure Permissive Joinder of Parties 3 6.1% 61
Civil Procedure Attorney Work Product Doctrine 3 6.1% 66
Civil Procedure Pretrial Conference and Order 3 6.1% 67
Civil Procedure Motion for Judgment as a Matter of Law 3 6.1% 69
Civil Procedure Issue Preclusion (Collateral Estoppel) 3 6.1% 72
Civil Procedure Abstention Doctrines 2 4.1% 50
Civil Procedure Preliminary Injunction 2 4.1% 56
Civil Procedure Counterclaims 2 4.1% 58
Civil Procedure Rule 11 – Representations to the Court 2 4.1% 59
Civil Procedure Rule 11 – Sanctions Imposed 2 4.1% 60
Civil Procedure Required Joinder of Parties 2 4.1% 61
Civil Procedure Claim Preclusion (Res Judicata) 2 4.1% 71
Subject Matter Jurisdiction: Domestic Relations
Exception
Civil Procedure Cross-Claims 1 2.0% 59


Rule
Exams Priority
Civil Procedure Rule 11 – Procedure for Filing a Sanctions Motion 1 2.0% 61

Civil Procedure Intervention as of Right & Permissive Intervention 1 2.0% 62
Civil Procedure Impleader (Third-Party Actions) 1 2.0% 63
Civil Procedure Class Action Requirements & Certification 1 2.0% 63
Discoverable Information (Relevant & Proportional
Standard)
Civil Procedure Depositions 1 2.0% 64
Electronically Stored Information & Spoliation
Sanctions
Rule 26(g) – Signing Disclosures & Sanctions for
Improper Certification
Civil Procedure Rule 26(a) Initial Disclosures 1 2.0% 66
Civil Procedure Motion for a New Trial 1 2.0% 70
Civil Procedure Preclusive Effect of a Default Judgment 1 2.0% 71
Conflict of Law Applied by Federal Courts: Erie Doctrine,
6 12.2% 79
Laws Substance vs. Procedure, & Supremacy Clause
Conflict of
Full Faith and Credit: Family Law Judgments 6 12.2% 81
Laws
Conflict of Full Faith and Credit: Ceremonial & Common Law
4 8.2% 81
Laws Marriage
Conflict of Choice of Law Theories: Most Significant
3 6.1% 75
Laws Relationship Approach
Conflict of Choice of Law Theories: Interest Analysis
3 6.1% 75
Laws Approach
Conflict of
Choice of Law Rules: Contracts 3 6.1% 77
Laws
Conflict of Choice of Law Theories: Traditional Vested Rights
2 4.1% 75
Laws Approach
Conflict of Choice of Law Rules: Contractual Forum-Selection
2 4.1% 78
Laws Clause
Conflict of Choice of Law Rules: Inheritance of Real &
2 4.1% 79
Laws Personal Property
Conflict of
Choice of Law Rules: Torts 1 2.0% 76
Laws
Conflict of
Choice of Law Rules: Premarital Agreements 1 2.0% 78
Laws
Conflict of
Choice of Law Rules: Real Property Cases 1 2.0% 78
Laws
Conflict of Law Applied by State Courts: Substance vs.
1 2.0% 80
Laws Procedure


Rule
Exams Priority
Conflict of Full Faith and Credit: State, Federal, and Foreign

1 2.0% 80
Laws Court Judgments
Constitutional
State Sovereign Immunity (11th Amendment) 2 8.3% 83
Law
Constitutional State Immunity from Federal Law (10th
2 8.3% 87
Law Amendment)
Constitutional
Negative Commerce Clause 2 8.3% 88
Law
Constitutional
Governmental Action (“State Action”) 2 8.3% 89
Law
Constitutional
Equal Protection Analysis 2 8.3% 91
Law
Constitutional Freedom of Speech: Public Forum, Limited Public
2 8.3% 96
Law Forum, & Non-Public Forum
Constitutional
Commerce Clause 1 4.2% 85
Law
Constitutional Power to Enforce the 13th, 14th, and 15th
1 4.2% 85
Law Amendments
Constitutional
Spending Power 1 4.2% 86
Law
Constitutional
Takings (5th Amendment) 1 4.2% 92
Law
Constitutional
Unprotected Speech: Fighting Words 1 4.2% 98
Law
Constitutional Unprotected Speech: Incitement of Imminent
1 4.2% 98
Law Lawless Action
Constitutional
Freedom of Speech: Public School Students 1 4.2% 99
Law
Constitutional
Freedom of Speech: Vague & Overbroad Laws 1 4.2% 101
Law
Constitutional Freedom of the Press: Defamation & Actual Malice
1 4.2% 102
Law Standard
Constitutional Freedom of the Press: Disclosure of Private Facts
1 4.2% 102
Law & Generally Applicable Laws
Constitutional
Standing 0 0.0% 83
Law
Constitutional
Advisory Opinions, Ripeness, & Mootness 0 0.0% 84
Law
Constitutional
Taxing Power 0 0.0% 86
Law
Constitutional
Executive Powers: Domestic Powers 0 0.0% 86
Law


Rule
Exams Priority
Constitutional Executive Powers: Treaty and Foreign Affairs

0 0.0% 87
Law Powers
Constitutional Delegation of Congressional Powers & Non-
0 0.0% 87
Law Delegation Doctrine
Constitutional
Supremacy Clause & Preemption 0 0.0% 89
Law
Constitutional
Substantive Due Process 0 0.0% 90
Law
Constitutional
Procedural Due Process 0 0.0% 90
Law
Constitutional
Privileges and Immunities Clause 0 0.0% 93
Law
Constitutional
Freedom of Religion: Establishment Clause 0 0.0% 94
Law
Constitutional
Freedom of Religion: Free Exercise Clause 0 0.0% 94
Law
Constitutional Freedom of Speech: Content-Based vs. Content-
0 0.0% 96
Law Neutral Restrictions
Constitutional
Unprotected Speech: Obscenity 0 0.0% 99
Law
Constitutional Freedom of Speech: Regulation of Commercial
0 0.0% 99
Law Speech
Constitutional
Freedom of Speech: Government Employees 0 0.0% 100
Law
Constitutional Freedom of Speech: Regulation of Expressive
0 0.0% 101
Law Conduct
Constitutional
Freedom of Speech: Prior Restraint 0 0.0% 101
Law
Constitutional
Freedom of Association 0 0.0% 103
Law
UCC Article 2 Governs Contracts for the Sale of
Goods
Contracts Mutual Assent: Offer & Acceptance 4 16.7% 105
Modification of Contracts: Pre-Existing Duty Rule &
Exceptions
Consideration: Bargained for Exchange &
Substitutes
Statute of Frauds: Contracts Requiring a Signed
Writing
Mutual Assent: Timing of Acceptance/Revocation &
the Mailbox Rule


Rule
Exams Priority
UCC Acceptance of Goods & Revocation of

Acceptance
Contracts Anticipatory Repudiation & Adequate Assurances 2 8.3% 118
Contracts Warranty of Title 2 8.3% 120
Contracts Common Law Expectation Damages 2 8.3% 122
Contracts UCC Seller’s Remedies & Damages 2 8.3% 123
Contracts UCC Buyer’s Remedies & Damages 2 8.3% 124
Contracts Restitution (Unjust Enrichment) 2 8.3% 125
Contracts Applicable Law: UCC Article 2 vs. Common Law 1 4.2% 105
Mutual Assent: Battle of the Forms (Mirror Image
Rule and UCC Exception)
Contracts Duress 1 4.2% 110
Contracts Misrepresentation 1 4.2% 111
Contracts Parol Evidence Rule 1 4.2% 114
Contracts Condition Precedent 1 4.2% 114
Minor Breach (Substantial Performance Doctrine)
vs. Material Breach
Divisible Performance (Part Performances as
Agreed Equivalents)
Contracts Express Warranty 1 4.2% 119
Contracts Third-Party Beneficiaries & Enforcement of Rights 1 4.2% 120
Contracts Assignment of Rights 1 4.2% 121
Contracts Delegation of Duties 1 4.2% 122
Contracts Consequential Damages 1 4.2% 123
Contracts Punitive Damages 1 4.2% 123
Contracts Waste Doctrine & Diminution in Value Damages 1 4.2% 124
Contracts Mitigation of Damages 1 4.2% 125
Contracts Mutual Assent: Implied-in-Fact Contracts 0 0.0% 107
Contracts Indefiniteness or Absence of Terms 0 0.0% 107
Contracts Consideration: Settlement/Release of Legal Claims 0 0.0% 109
Contracts Incapacity 0 0.0% 109
Contracts Undue Influence 0 0.0% 110
Contracts Mutual Mistake & Unilateral Mistake 0 0.0% 110
Contracts Illegality & Public Policy 0 0.0% 112
Contracts Unconscionability 0 0.0% 112


Rule
Exams Priority
Contracts Implied Obligation of Good Faith and Fair Dealing 0 0.0% 115
Impossibility, Impracticability, & Frustration of
Purpose
Contracts UCC Perfect Tender Rule & Exceptions 0 0.0% 117
Contracts Accord and Satisfaction 0 0.0% 118
Contracts Implied Warranty of Merchantability 0 0.0% 119
Implied Warranty of Fitness for a Particular
Purpose
Contracts Limiting Damages for Breach of Warranty 0 0.0% 120
Contracts Specific Performance 0 0.0% 123
Contracts Rescission 0 0.0% 125
Criminal Law & Confessions: 5th Amendment Privilege Against
5 20.8% 141
Procedure Self-Incrimination & Miranda Rights
Criminal Law &
Theft Crimes & Receiving Stolen Property 3 12.5% 129
Procedure
Criminal Law &
Elements of a Crime: Causation 2 8.3% 126
Procedure
Criminal Law &
Elements of a Crime: Mental States 2 8.3% 127
Procedure
Criminal Law &
Murder 2 8.3% 128
Procedure
Criminal Law &
Manslaughter 2 8.3% 128
Procedure
Criminal Law &
Burglary 2 8.3% 130
Procedure
Criminal Law &
Insanity 2 8.3% 135
Procedure
Criminal Law & Warrant Requirement for All Searches, Unless an
2 8.3% 139
Procedure Exception Applies
Criminal Law & Exclusionary Rule & the Fruit of the Poisonous Tree
2 8.3% 145
Procedure Doctrine
Criminal Law & Burden of Proof, Presumptions, & Sufficiency of
2 8.3% 147
Procedure Evidence
Criminal Law &
Attempt 1 4.2% 132
Procedure
Criminal Law &
Accomplice Liability 1 4.2% 133
Procedure
Criminal Law &
Duress 1 4.2% 134
Procedure


Rule
Exams Priority
Criminal Law & Fourth Amendment Right – Government Action &

1 4.2% 137
Procedure Standing
Criminal Law &
Arrests 1 4.2% 138
Procedure
Criminal Law & Request for Information, Stop and Inquire, & Stop
1 4.2% 138
Procedure and Frisk
Criminal Law & Exception to Warrant Requirement: Plain View
1 4.2% 139
Procedure Doctrine
Criminal Law & Exception to Warrant Requirement: Automobile
1 4.2% 140
Procedure Exception
Criminal Law & Confessions: 14th Amendment Due Process
1 4.2% 141
Procedure Clause
Criminal Law &
Confessions: 6th Amendment Right to Counsel 1 4.2% 143
Procedure
Criminal Law &
Right to a Jury Trial 1 4.2% 146
Procedure
Criminal Law &
Competence to Stand Trial 1 4.2% 146
Procedure
Criminal Law &
Double Jeopardy 1 4.2% 147
Procedure
Criminal Law &
Elements of a Crime: Acts and Omissions 0 0.0% 126
Procedure
Criminal Law &
Robbery 0 0.0% 130
Procedure
Criminal Law &
Rape & Statutory Rape 0 0.0% 130
Procedure
Criminal Law &
Assault and Battery 0 0.0% 131
Procedure
Criminal Law &
Kidnapping & False Imprisonment 0 0.0% 131
Procedure
Criminal Law &
Arson 0 0.0% 131
Procedure
Criminal Law &
Criminal Possession Offenses 0 0.0% 132
Procedure
Criminal Law &
Conspiracy 0 0.0% 132
Procedure
Criminal Law &
Solicitation 0 0.0% 133
Procedure
Criminal Law &
Justification: Self-Defense & Defense of Others 0 0.0% 135
Procedure
Criminal Law &
Intoxication 0 0.0% 136
Procedure


Rule
Exams Priority
Criminal Law &

Mistake of Fact or Law 0 0.0% 136
Procedure
Criminal Law & Exception to Warrant Requirement: Exigent
0 0.0% 140
Procedure Circumstances
Criminal Law & Exception to Warrant Requirement: Search
0 0.0% 140
Procedure Incident to Arrest
Criminal Law &
Exception to Warrant Requirement: Consent 0 0.0% 140
Procedure
Criminal Law & Exception to Warrant Requirement: Inventory
0 0.0% 141
Procedure Search
Criminal Law & Right to Counsel & Effective Assistance of Counsel
0 0.0% 144
Procedure at Trial
Criminal Law & Line-Ups & Police-Arranged Identification
0 0.0% 144
Procedure Procedures
Criminal Law &
Harmless Error Rule 0 0.0% 148
Procedure
Evidence Hearsay, Multiple Hearsay, & Non-Hearsay 8 33.3% 157
Evidence Probative Value: Relevancy & Rule 403 Exclusions 7 29.2% 149
Evidence Character Evidence 4 16.7% 151
Hearsay Exclusion: Statements by a Party
Opponent
Evidence Hearsay Exception: Present Sense Impression 4 16.7% 158
Evidence Lay Witness Testimony & Opinions 3 12.5% 156
Evidence Hearsay Exception: Excited Utterance 3 12.5% 158
Evidence Hearsay Exception: Business Records 3 12.5% 159
Hearsay Exception: Statements Made for Medical
Diagnosis/Treatment
Evidence Habit or Routine Practice 2 8.3% 153
Evidence Impeachment: Specific Instances of Conduct 2 8.3% 155
Evidence Refreshing Recollection 2 8.3% 156
Evidence Hearsay Exclusion: Prior Statements by a Witness 2 8.3% 158
Evidence Sixth Amendment Right to Confront Witnesses 2 8.3% 161
Evidence Subsequent Remedial Measures 1 4.2% 149
Evidence Compromise/Settlement Offers & Negotiations 1 4.2% 150
Evidence Offers to Pay Medical Expenses 1 4.2% 150
Evidence Prior Bad Acts 1 4.2% 153
Evidence Impeachment: Prior Inconsistent Statements 1 4.2% 154
Evidence Impeachment: Prior Convictions 1 4.2% 154


Rule
Exams Priority
Impeachment: Ability to Observe, Remember, or

Evidence 1 4.2% 155
Relate Accurately
Evidence Impeachment: Hearsay Declarants 1 4.2% 155
Evidence Expert Witness Testimony 1 4.2% 157
Evidence Hearsay Exception: Past Recollection Recorded 1 4.2% 160
Spousal Privileges: Spousal Immunity &
Evidence 1 4.2% 161
Confidential Marital Communications
Evidence Physician-Patient Privilege 1 4.2% 162
Evidence Pleas & Plea Negotiations 0 0.0% 150
Evidence Liability Insurance 0 0.0% 150
Evidence Authentication of Evidence 0 0.0% 151
Evidence Best Evidence Rule 0 0.0% 151
Evidence Impeachment: Character for Truthfulness 0 0.0% 155
Evidence Judicial Notice 0 0.0% 156
Hearsay Exception: Statements of Mental,
Evidence 0 0.0% 159
Emotional, or Physical Condition
Evidence Hearsay Exception: Dying Declaration 0 0.0% 159
Evidence Hearsay Exception: Statement Against Interest 0 0.0% 160
Evidence Hearsay Exception: Public Records 0 0.0% 160
Evidence Attorney-Client Privilege 0 0.0% 162
Evidence Attorney Work Product Doctrine 0 0.0% 162
Evidence Psychotherapist-Patient Privilege 0 0.0% 163
Family Law Division of Property: Marital vs. Separate Property 9 18.4% 170
Family Law Jurisdiction: Marital/Divorce & Support Actions 8 16.3% 167
Family Law Child Custody: Best Interests of the Child Standard 8 16.3% 174
Modification & Enforcement of Child/Spousal
Support Orders
Family Law Premarital Agreements: Enforceability 6 12.2% 165
Family Law Premarital Agreements: Child Custody & Support 6 12.2% 166
Family Law Adoption & Parental Consent 6 12.2% 180
Family Law Common Law Marriage 5 10.2% 164
Family Law Jurisdiction: Child Custody & Adoption Matters 5 10.2% 168
Family Law Child Support 5 10.2% 173
Spousal Support: When Support May be Awarded,
Amount, & Termination
Family Law Agreements Between Unmarried Cohabitants 4 8.2% 177


Rule
Exams Priority
Establishing Paternity, Presumption of Legitimacy,

& Paternity by Estoppel
Family Law Bigamous Marriage 3 6.1% 164
Setting Aside Separation & Divorce Settlement
Agreements
Family Law Child Custody: Parent vs. Third-Party Custody 3 6.1% 174
Family Law Visitation: Third-Party Visitation Rights 3 6.1% 175
Family Law Modification of a Child Custody Order 3 6.1% 176
Family Law Unmarried Biological Father’s Rights 3 6.1% 178
Family Law Premarital Agreements: Spousal Support 2 4.1% 166
Rights & Responsibilities of Spouses: Payment for
Necessities
Family Law Divorce Grounds 2 4.1% 169
Division of Property: Professional License or
Degree
Family Law Division of Property: Marital & Economic Fault 2 4.1% 171
Family Law Modification of a Property Division Award 2 4.1% 172
Family Law Division of Property of Unmarried Cohabitants 2 4.1% 177
Family Law Right to Control the Child’s Upbringing 2 4.1% 179
Family Law Artificial Insemination & In Vitro Fertilization 2 4.1% 181
Marriage Requirements (State of Mind &
Procedural)
Premarital Agreements: Eliminating Fundamental
Family Law Marital Duties & Allocating Financial 1 2.0% 166
Responsibilities
Rights & Responsibilities of Spouses: Married
Women’s Property Acts
Family Law Annulment 1 2.0% 169
Family Law Division of Property: No Termination Upon Death 1 2.0% 171
Family Law Spousal Support: Reinstatement of Prior Award 1 2.0% 173
Family Law Child Custody: Joint Custody 1 2.0% 175
Family Law Child Custody: Presumption of Parental Fitness 1 2.0% 175
Family Law Visitation: Parental Visitation Rights 1 2.0% 175
Child Custody: Relocation of the Custodial Parent &
Child
Family Law Putative Spouse Doctrine 1 2.0% 177
Family Law Intra-Family Lawsuits & Immunities 1 2.0% 179


Rule
Exams Priority
Family Law Loss of Consortium Claims 1 2.0% 179

Family Law Adoption: Visitation for Biological Parents 1 2.0% 180
Family Law Surrogacy Arrangements 1 2.0% 181
General Warranty Deed, Special Warranty Deed, &
Quitclaim Deed
Real Property Bona Fide Purchasers & The Shelter Rule 4 16.7% 201
Real Property Chain of Title and Wild Land Records 3 12.5% 200
Real Property Types of Leasehold Interests 2 8.3% 186
Real Property Landlord Duties: Duty to Mitigate Damages 2 8.3% 189
Real Property Assignment of a Lease 2 8.3% 189
Real Property Termination of Leases: Surrender 2 8.3% 190
Easements by Grant, Prescription, Implication, &
Necessity
Real Property Termination of an Easement 2 8.3% 194
Real Property Adverse Possession 2 8.3% 195
Real Property Home Builder’s Implied Warranty 2 8.3% 198
Real Property Future-Advance Mortgage 2 8.3% 203
Real Property Present Estates: Defeasible Fees 1 4.2% 182
Real Property Present Estates: Statute of Limitations 1 4.2% 183
Real Property Future Estates: Reverter & the Right of Re-Entry 1 4.2% 183
Real Property Future Estates: Vested and Contingent Remainders 1 4.2% 184
Real Property Tenancy in Common 1 4.2% 184
Real Property Joint Tenancy: Formation 1 4.2% 185
Real Property Joint Tenancy: Severance 1 4.2% 185
Real Property Landlord Duties: Implied Warranty of Habitability 1 4.2% 188
Real Property Landlord Duties: Constructive Eviction 1 4.2% 188
Real Property Fixtures 1 4.2% 195
Real Property Warranty of Marketable Title 1 4.2% 196
Warranty of Marketable Title: Damages
Recoverable
Real Property Doctrine of Equitable Conversion & Risk of Loss 1 4.2% 197
Real Property Deed Requirements 1 4.2% 199
Real Property Recording Statutes & Notice 1 4.2% 200
Owner by Adverse Possession vs. Subsequent
Bona Fide Purchasers


Rule
Exams Priority
Real Property Assumption & Transfer Subject to a Mortgage 1 4.2% 204

Mortgages: Foreclosure, Order of Preference, and
Deficiency Judgments
Real Property Zoning Ordinances: Previous Non-Conforming Use 1 4.2% 205
Real Property Choice of Law Rules: Real Property Cases 1 4.2% 205
Real Property Present Estates: Fee Simple Absolute & Fee Tail 0 0.0% 182
Real Property Present Estates: Life Estate 0 0.0% 183
Co-Tenant’s Entitlement to Rent or Reimbursement
for Repairs/Improvements
Real Property Tenant Duties: Duty to Pay Rent 0 0.0% 187
Landlord’s Rights and Liabilities Concerning a Hold-
Over Tenant
Real Property Subleases 0 0.0% 190
Real Property Real Covenants 0 0.0% 191
Real Property Equitable Servitudes 0 0.0% 191
Common Scheme or Plan Doctrine (Reciprocal
Negative Servitude)
Restrictive Covenants: Common Interest
Real Property Ownership Communities & Property Owner 0 0.0% 192
Associations
Real Property Scope of an Easement 0 0.0% 194
Real Property Licenses 0 0.0% 195
Real Property Requirements for a Valid Land Sale Contract 0 0.0% 196
Real Property Time of Performance for Real Estate Contracts 0 0.0% 198
Real Property Action for Specific Performance of Real Property 0 0.0% 198
Real Property Estoppel by Deed 0 0.0% 200
Deeds: Drafting, Review, and Negotiation of Closing
Documents
Deeds: Persons Authorized to Execute Real Estate
Documents
Real Property Mortgages & Requirements for a Valid Mortgage 0 0.0% 202
Real Property Purchase Money Mortgage 0 0.0% 203
Real Property Deed of Trust 0 0.0% 203
Real Property Transfer of a Mortgage Note 0 0.0% 204
Real Property Zoning Ordinances 0 0.0% 205
Real Property Zoning Ordinances: Variances 0 0.0% 205


Rule
Exams Priority
Secured
Article 9 of the UCC Governs Secured Transactions 36 73.5% 207
Transactions
Secured
Attachment and Perfection 23 46.9% 209
Transactions
Secured Priority for Perfected Interests & Unperfected
18 36.7% 214
Transactions Interests
Secured
Purchase Money Security Interests (PMSI’s) 10 20.4% 211
Transactions
Secured
Buyers in the Ordinary Course of Business 9 18.4% 213
Transactions
Secured
Types of Collateral: Equipment 8 16.3% 208
Transactions
Secured Security Interest in the Sale of Collateral &
8 16.3% 212
Transactions Identifiable Proceeds
Secured
Types of Collateral: Inventory 7 14.3% 208
Transactions
Secured Secured Party’s Right to Take Possession of
6 12.2% 216
Transactions Collateral
Secured
Secured Party’s Right to Dispose of Collateral 6 12.2% 216
Transactions
Secured Scope of Article 9 of the UCC: Substance Over
5 10.2% 207
Transactions Form Controls
Secured
Types of Collateral: Consumer Goods 5 10.2% 209
Transactions
Secured
Priority of Judgment Lien Creditors 5 10.2% 215
Transactions
Secured
Types of Collateral: Accounts 4 8.2% 208
Transactions
Secured
Types of Collateral: Proceeds 4 8.2% 209
Transactions
Secured Damages Available to a Debtor for a Secured
4 8.2% 218
Transactions Party’s Failure to Comply with Applicable Rules
Secured
Deficiency Judgments 4 8.2% 218
Transactions
Secured
Financing Statements 3 6.1% 210
Transactions
Secured
Transfers of Collateral & The Shelter Principle 3 6.1% 213
Transactions
Secured
Consumer-to-Consumer Rule 3 6.1% 214
Transactions
Secured
Fixtures 3 6.1% 215
Transactions


Rule
Exams Priority
Secured
Right to Collect Directly from an Account Debtor 3 6.1% 217
Transactions
Secured
Types of Collateral: Chattel Paper 2 4.1% 209
Transactions
Secured
Future Advances 2 4.1% 213
Transactions
Secured
Debtor’s Right of Redemption 2 4.1% 218
Transactions
Secured
Types of Collateral: Deposit Accounts 1 2.0% 208
Transactions
No Interest Retained in a Payment Right Sold &
Secured
Rights/Title with Respect to Creditors and 1 2.0% 211
Transactions
Purchasers
Secured Automatic Perfection for Certain Assignment of
1 2.0% 211
Transactions Accounts
Secured
Consignment 1 2.0% 212
Transactions
Secured
Control of a Deposit Account 1 2.0% 213
Transactions
Secured
Priority of Liens Arising by Law 1 2.0% 215
Transactions
Secured
Accessions & Commingling 1 2.0% 216
Transactions
Torts Prima Facie Case of Negligence 6 25.0% 224
Torts Causation: Actual and Proximate Cause 6 25.0% 229
Torts Standard of Care: Reasonable Person Standard 5 20.8% 225
Torts Proximate Cause: Intervening Causes 5 20.8% 229
Torts Negligence Per Se 3 12.5% 227
Causation: Eggshell Plaintiff Rule & Emotional
Torts 3 12.5% 229
Distress Stemming from Physical Injury
Strict Products Liability: Liability for Manufacturing
Torts 3 12.5% 238
Defect, Design Defect, & Failure to Warn
Torts 5 10.2% 231
Respondeat Superior
Torts Employee vs. Independent Contractor 5 10.2% 232
Torts Battery 2 8.3% 220
Torts Intentional Tort Defenses: Consent 2 8.3% 223
Torts Intentional Tort Defenses: Privileges 2 8.3% 223
Torts Affirmative Duty to Act & Rendering Aid 2 8.3% 224
Torts Standard of Care: Children 2 8.3% 225


Rule
Exams Priority
Torts Standard of Care: Professionals 2 8.3% 225

Standard of Care: Land Owner/Possessor’s Duty to
Torts 2 8.3% 226
Entrants
Torts Res Ipsa Loquitur 2 8.3% 228
Torts Comparative Negligence & Contributory Negligence 2 8.3% 230
Torts Negligent Infliction of Emotional Distress 2 8.3% 230
Doctrines of Alternative Liability, Joint Enterprise,
Torts 2 8.3% 234
& Market Share Liability
Torts False Imprisonment 1 4.2% 221
Torts Standard of Care: Landlord’s Duty to Tenants 1 4.2% 227
Torts Joint and Several Liability 1 4.2% 233
Torts Indemnification 1 4.2% 233
Torts Strict Liability: Abnormally Dangerous Activity 1 4.2% 238
Torts Products Liability: Liability for Negligence 1 4.2% 240
Torts Products Liability: Liability for Breach of Warranty 1 4.2% 240
Torts 2 4.1% 232
Respondeat Superior Doctrine is Inapplicable
Torts 2 4.1% 232
Contractors
Torts Assault 0 0.0% 220
Torts Intentional Infliction of Emotional Distress 0 0.0% 221
Torts Trespass to Land 0 0.0% 221
Torts Trespass to Chattels & Conversion 0 0.0% 222
Torts Doctrine of Transferred Intent 0 0.0% 222
Torts Assumption of Risk 0 0.0% 230
Torts Contribution 0 0.0% 233
Torts Defamation 0 0.0% 234
Torts Invasion of Privacy Torts 0 0.0% 236
Torts Intentional Interference with Business Relations 0 0.0% 236
Torts Intentional & Negligence Misrepresentation 0 0.0% 237
Torts Public and Private Nuisance 0 0.0% 237
Torts Strict Liability: Wild & Domestic Animals 0 0.0% 238
Trusts & Future
Class Gifts 9 18.4% 256
Interests
Trusts & Future
Trust Formation Elements 7 14.3% 241
Interests


Rule
Exams Priority
Trusts & Future

Cy Pres Doctrine 6 12.2% 244
Interests
Trusts & Future
Rights of Creditors 6 12.2% 245
Interests
Trusts & Future Trustee Duty of Care: Investments & Prudent
6 12.2% 251
Interests Investor Rule
Trusts & Future
Pour-over Provision in a Will 5 10.2% 242
Interests
Trusts & Future
Discretionary Trusts 5 10.2% 243
Interests
Trusts & Future
Spendthrift Trusts 5 10.2% 245
Interests
Trusts & Future
Trustee Duty to Administer the Trust 5 10.2% 249
Interests
Trusts & Future
Trustee Duty of Loyalty: Self-Dealing 5 10.2% 249
Interests
Trusts & Future Common Law Rule Against Perpetuities & Modern
5 10.2% 255
Interests Modifications
Trusts & Future
Revocable & Irrevocable Trusts 4 8.2% 242
Interests
Trusts & Future
Termination of a Trust 4 8.2% 248
Interests
Trusts & Future
Principal and Income Allocations 4 8.2% 252
Interests
Trusts & Future
Remainder Beneficiary of a Trust 4 8.2% 252
Interests
Trusts & Future
Powers of Appointment 4 8.2% 254
Interests
Trusts & Future
Precatory Language & Promises to Create a Trust 3 6.1% 241
Interests
Trusts & Future
Support Trusts 3 6.1% 244
Interests
Trusts & Future
Trustee Duty of Loyalty: Duty to Act Impartially 3 6.1% 250
Interests
Trusts & Future
Vested Remainder Interest 3 6.1% 253
Interests
Trusts & Future
Vested Interests: Condition on Survivorship 3 6.1% 253
Interests
Trusts & Future
Acceleration of Future Interests 3 6.1% 254
Interests
Trusts & Future
Powers of Appointment: Ineffective Appointments 3 6.1% 255
Interests


Rule
Exams Priority
Trusts & Future

Modification of a Trust 2 4.1% 246
Interests
Trusts & Future
Conditions that Prohibit Marriage or Require Divorce 2 4.1% 248
Interests
Trusts & Future
Trustee Duty of Loyalty: Conflicts of Interest 2 4.1% 250
Interests
Trusts & Future Trustee Acting in Accordance with the Settlor’s
2 4.1% 251
Interests Wishes
Trusts & Future
Future Interests: Substituted Takers 2 4.1% 253
Interests
Trusts & Future Powers of Appointment: Special Power of
2 4.1% 255
Interests Appointment
Trusts & Future
Testamentary Trusts 1 2.0% 242
Interests
Trusts & Future
Charitable Trusts 1 2.0% 243
Interests
Trusts & Future
Illusory Trusts 1 2.0% 243
Interests
Trusts & Future
Resulting Trusts 1 2.0% 243
Interests
Trusts & Future
How Trust Assets Pass 1 2.0% 244
Interests
Trusts & Future
Powers of Invasion 1 2.0% 246
Interests
Trusts & Future Equitable Deviation Doctrine & Modification of
1 2.0% 247
Interests Administrative and Dispositive Trust Provisions
Trusts & Future
Additions Clause in a Trust 1 2.0% 248
Interests
Trusts & Future
Distribution Upon Termination 1 2.0% 248
Interests
Trusts & Future Trustee Duty of Care: Prudent Administration, Take
1 2.0% 249
Interests Control, & Protect Trust Property
Trusts & Future
Trustee Duty of Care: Failure to Test the Market 1 2.0% 250
Interests
Trusts & Future
Delegation of Trustee Duties 1 2.0% 251
Interests
Trusts & Future
Damages for Wrongful Invasion of Trust Assets 1 2.0% 252
Interests
Trusts & Future Future Interests: Representation of
1 2.0% 252
Interests Remaindermen
Wills & Estates Intestate Succession 9 18.4% 257


Rule
Exams Priority
Wills & Estates Incorporation by Reference 9 18.4% 259

Wills & Estates Class Gifts 9 18.4% 267
Wills & Estates Will Execution Formalities 7 14.3% 257
Wills & Estates Revocation by Physical Act 7 14.3% 260
Wills & Estates Ademption 6 12.2% 264
Wills & Estates Disclaimers 6 12.2% 266
Wills & Estates Holographic Wills & Codicils 5 10.2% 259
Wills & Estates Advancements/Satisfaction 5 10.2% 263
Wills & Estates Lapsed Gifts & Anti-Lapse Statutes 5 10.2% 264
Wills & Estates Legal Definition of Children 5 10.2% 269
Wills & Estates Interested Witnesses 4 8.2% 258
Wills & Estates Codicils 4 8.2% 259
Wills & Estates Dependent Relative Revocation Doctrine 4 8.2% 260
Wills & Estates Abatement 4 8.2% 265
Wills & Estates Slayer Statutes 4 8.2% 266
Divorce Revokes Testamentary Provisions to a
Former Spouse
Wills & Estates Undue Influence 4 8.2% 271
Wills & Estates Revocation by Subsequent Will or Codicil 3 6.1% 260
Wills & Estates Contractual Wills 3 6.1% 261
Wills & Estates Stock Splits and Dividends 3 6.1% 265
Wills & Estates Pretermitted Children 3 6.1% 270
Wills & Estates Testamentary Capacity 3 6.1% 271
Will Execution Formalities: Strict Compliance &
Substantial Compliance Doctrine
Wills & Estates Revival of a Will 2 4.1% 261
Wills & Estates Will Takes Effect at the Time of Death 2 4.1% 262
Wills & Estates Per Stirpes Distribution 2 4.1% 262
Wills & Estates Simultaneous Death 2 4.1% 263
Wills & Estates Residue of a Residue Approach 2 4.1% 263
Wills & Estates Conditions that Prohibit Marriage or Require Divorce 2 4.1% 264
Wills & Estates Inheritance Rights of Children & Disinheritance 2 4.1% 268
Wills & Estates Inheritance by Equitable Adoption 2 4.1% 269
Wills & Estates Spouse’s Elective Share 2 4.1% 269
Wills & Estates Standing to Challenge a Will 2 4.1% 272


Rule
Exams Priority
Joint Bank Accounts & Convenience Account

Exception
Wills & Estates Life Insurance Beneficiary 2 4.1% 273
Durable Health-Care Power of Attorney &
Advanced Directives
Durable Health Care Power of Attorney & Living
Wills: Insulation of Agent’s Liability
Wills & Estates Family Consent Laws 2 4.1% 275
Wills & Estates Doctrine of Integration 1 2.0% 258
Wills & Estates Acts of Independent Significance 1 2.0% 260
Wills & Estates Per Capita at Each Generation Distribution 1 2.0% 262
Modern Per Stirpes (Per Capita by Representation)
Distribution
Wills & Estates Generically Described Property 1 2.0% 263
Wills Provisions Governing when the Testator Dies
With or Without Issue
Wills & Estates Exoneration 1 2.0% 265
Prenuptial Agreement Does Not Apply to Voluntary
Gifts or Bequests
Wills & Estates Specific, General, and Demonstrative Gifts 1 2.0% 267
Wills & Estates Fraud 1 2.0% 271
Wills & Estates No-Contest Clauses 1 2.0% 272
Wills & Estates Modification of a Will Due to Mistake 1 2.0% 272
Wills & Estates Totten Trusts 1 2.0% 273
Wills & Estates Inter Vivos Gifts 1 2.0% 273
Wills & Estates Invasion of Non-Probate Assets to Pay Creditors 1 2.0% 274
Wills & Estates Powers & Duties of Personal Representatives 1 2.0% 274

Subjects
Partnerships / Corporations & LLC’s:
LLC’s The Feb. 2019 MEE (Essay 3) tested the subjects of
Partnerships and LLC's, even though the examiners titled the essay as "Agency & Partnerships".
Agency / Partnerships:
Partnerships The Feb. 2018 MEE (Essay 6) tested the subject of Partnerships, even though
the examiners titled the essay as "Agency".
Contr
Cont racts:
acts The subject of Sales (UCC Article 2) was tested on a few exams prior to July 2007; these
rules have been included in the Contracts subject.
Rules
Parol Evidence Rule:
Rule The July 2010 MEE (Essay 2, Point One) mentioned the UCC rule regarding
partial integrations in the “Note” section, but it was not a tested issue.
Implied Warranty of Merchantability: The Implied Warranty of Merchantability was tested in a

Torts essay on the July 2016 MEE (Essay 3, Point Two[a]) in the products liability context, and said
rule is included in the Torts portion of the outline.
Robbery:
Robbery The crime of armed robbery was mentioned in the July 2009 MEE (Essay 7, Point Two),
but it was not a tested issue. The rule for Attempt was the actual issue tested.
Hearsay:
Hearsay The Public Records Exception to Hearsay was mentioned in the “Note” section of the July
2016 MEE (Essay 2, Point Three), but was not a tested issue because it was inapplicable to the fact
pattern.
Contribution:
Contribution Although this rule has not been tested to date on a Torts essay, the concept of
Contribution was discussed in the “Note” section of the Feb 2015 MEE (Essay 1, Point Four).
Defamation:
Defamation A Constitutional Law question concerning defamation was tested on the July 2008
MEE (Essay 2, Point One), but Torts was not tested. Even though the question involved the tort of
defamation, the rules tested were solely the free speech limits on defamation. Additionally, the bar
examiners noted the subject area for the essay as “Constitutional Law”.


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MEE Frequency Analysis

July 2019 Edition

Purchased by Bethany Taylor, [email protected] #13486265

The SmartBarPrep MEE Frequency Analysis (hereinafter “Study Guide”) is

While we endeavor to provide accurate and up-to-date information in this

Under no circumstances shall we be liable for any losses or damages whatsoever,

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Purchased by Bethany Taylor, [email protected] #13486265

MEE Subject Frequency – Past 49 Exams

MEE Subject Frequency Chart – Past 24 Exams ................................................................................ 2

MEE Subject Frequency – Past 24 Exams

MEE Rule Frequency

MEE Rule Frequency

© 2019 SmartBarPrep | www.smartbarprep.com

Subjects Appearing on Past MEE’s

MEE Subject Frequency – Past 49 Exams

Number of Times Subject Percentage (%) Subject

Civil Procedure 46 out of 49 exams 94%

© 2019 SmartBarPrep | www.smartbarprep.com

Subjects Appearing on Past MEE’s

MEE Subject Frequency Chart – Past 24 Exams

Trusts & Future Interests 16

Corporations & LLC's 15

Criminal Law & Procedure 13

Wills & Estates 11

© 2019 SmartBarPrep | www.smartbarprep.com

Subjects Appearing on Past MEE’s

MEE Subject Frequency – Past 24 Exams

Number of Times Subject Percentage (%) Subject

Civil Procedure 21 out of 24 exams 88%

© 2019 SmartBarPrep | www.smartbarprep.com

Rules Appearing on Past

MEE Rule Frequency

Total Bar Exams Analyzed 49

# of Times % out of Page # in

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

Criminal Law & Confessions: 5th Amendment Privilege Against

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

Trusts & Future

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

Criminal Law &

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

Torts Negligent Infliction of Emotional Distress 2 8.3% 230

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

Wills & Estates Codicils 4 8.2% 259

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

© 2019 SmartBarPrep | www.smartbarprep.com

# of Times % out of Page # in

Constitutional Power to Enforce the 13th, 14th, and 15th