The Multistate Essay Exam (MEE) is the essay portion of the UBE, testing the applicant’s knowledge of 12 areas of substantive law through a series of six 30-minute essays. It is administered on the afternoon of the first day of the UBE in one three-hour session. Missouri and North Dakota became the first two jurisdictions to adopt the UBE, administering the first UBE in February 2011. By June 2020, over 67% of the jurisdictions in the United States had adopted the UBE. The list of UBE jurisdictions continues to grow, so always check the NCBE’s website for the most up-to-date list of UBE jurisdictions.  

As a whole, the MEE section of the UBE is weighted as 30 percent of an examinee’s UBE score. That means that each MEE is worth 5 percent of your total UBE score. While the weight of the MEE section is set by the NCBE, it is up to each UBE jurisdiction to decide how it grades its examinee’s MEEs. Some states use a 6-point grading rubric for MEEs, whereas other states use a 10-point grading rubric. If your state uses a 6-point scale, you want to aim for at least a 4 on each MEE. If your state uses a 10-point scale, you want to aim for at least a 7 on each MEE.  

Sometimes it is stressful to think about practicing enough essays to cover all the subjects that may be tested on the day of the exam as well as all the possible sub-topics that may be tested within each subject. We suggest that you do a combination of writing, outlining, and reading essays for each subject that is tested so that you practice your writing and outlining skills while maximizing your exposure to the “types” of essays tested within a subject. 

And to make life a little bit easier for you, we have done specific breakdowns per subject on the sub-topics tested for each topic on the MEE. 

Below is a list of all of the contracts sub-topics tested on the Multistate Essay Examination between 2011-2020, along with the accompanying year.  

I. Governing Law
   A. Article II (Feb 2013, July 2013, July 2014, July 2015, Feb 2017, July 2018, Sept 2020)
   B. Predominant Purpose Test (Feb 2018)
II. Mutual Assent and Contract Formation (Feb 2011, Feb 2017)
   A. Mailbox Rule (Feb 2017)
   B. UCC Acceptance (Sept 2020)
      1. UCC Post-Formation (Sept 2020)
   C. Consideration (July 2014)
      1. Preexisting Duty (Feb 2011, July 2014)
   D. Acceptance
      1. Revocation (Feb 2017)
   E. Irrevocable Offers (July 2018)
   F. Revocation (July 2018)
III. Defenses to Formation
   A. Statute of Frauds (July 2015)
   B. Duress (July 2014)
IV. Terms
   A. Warranties
      1. Fitness for a particular purpose (Sept 2020)
   B. Parol Evidence
      1. Parties’ intent to be fully integrated (Feb 2018)
   C. Modification
      1. Common Law Modification and Consideration (July 2014, Feb 2018)
V. Performance and Excuse of Non-Performance
   A. Conditions (Feb 2011)
   B. Anticipatory Repudiation (Feb 20131, July 2015)
VI. Breach
   A. Material Breach/Substantial Performance (Feb 2012, Feb 202015)
VII. Remedies
   A. Monetary remedies
      1. Expectation Damages (Feb 2011, July 2019, Feb 202016)
      2. Consequential Damages (July 2019)
      3. Punitive Damages (Feb 2011)
      4. Restitution (Feb 2012)
      5. UCC Remedies – Buyer’s Damages (Sept 2020)
      6. UCC Remedies – Seller’s Damages (July 2015)
      7. Mitigation (July 2019)
      8. Damages related to divisible contracts (Feb 2012)
VIII. Third Parties
   A. Identifying Third Party Beneficiaries (July 2016)
   B. Assignment of Rights (July 2016)
   C. Delegation of Duties (July 2016)