Uniform Bar Examination

The Uniform Bar Examination (UBE) is a standardized bar examination, developed by the National Conference of Bar Examiners (NCBE). It consists solely of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT), and offers portability of scores across state lines. As of November 2017, the Uniform Bar Exam had been adopted in 28 states, the US Virgin Islands, and the District of Columbia.[1] In addition, the American Bar Association also endorsed the UBE at its 2016 Midyear Meeting.[2]

History

Starting in 2011, the first states to administer the UBE were Missouri[3] and North Dakota. In 2016, New York and the District of Columbia began using the UBE.[4][5] South Carolina, Connecticut and New Jersey began using the UBE in February 2017.[6] Maine, West Virginia, and the U.S. Virgin Islands started using the UBE in July 2017. Massachusetts will begin using the UBE in July 2018, North Carolina will begin using it in February 2019, and Ohio in July 2020,[7] bringing the total number of jurisdictions using the UBE to 32 (30 states plus the District of Columbia and the U.S. Virgin Islands).

However, some of the largest legal markets – including California and Florida – have not adopted the UBE. Concerns include the lack of questions on state law, and that the test provides NCBE with control over the bar credentialing process.[8]

Multistate Bar Examination (MBE)

The Multistate Bar Examination (MBE) is a standardized, multiple-choice examination created and sold to participating state bar examiners.[9]

Description

It is administered on a single day of the bar examination in 49 states and the District of Columbia, as well as in Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the Republic of Palau. The only state that does not administer the MBE is Louisiana, which follows a civil law system slightly different from the law in other states. The MBE is given twice a year: on the last Wednesday of July in all jurisdictions that require that examination, and on the last Wednesday of February in the same jurisdictions, except for Delaware and North Dakota.

The 200 MBE questions test seven subjects based upon principles of common law and Article 2 of the Uniform Commercial Code (covering sales of goods) that apply throughout the United States. The questions are not broken down into sections and the seven topics are distributed more or less evenly throughout the course of the exam. Exam-takers receive three hours during the morning session to complete the first 100 questions, and another three hours during the afternoon session to complete the second 100 questions.

Of the 200 MBE questions, only 175 are graded. The remaining 25 are pretest questions that are "indistinguishable" from the real questions.[10] Test takers receive a scaled score ranging between 0 and 200.[11]

In February 2015, the NCBE added the seventh topic, civil procedure, to the examination.

Transfer of MBE scores

Taking the MBE in one jurisdiction may allow an applicant to use their MBE score to waive into another jurisdiction or to use their MBE score with another state's bar examination.[12]

Multistate Essay Examination (MEE)

The Multistate Essay Examination (MEE) is a collection of essay questions largely concerning the common law administered as a part of the bar examination in 33 jurisdictions of the United States: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maryland (beginning 2018), Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina (beginning 2019), North Dakota, Northern Mariana Islands, Oregon, Palau, Rhode Island, South Dakota, Utah, Washington, West Virginia, Wisconsin, and Wyoming.[13]

The MEE can cover any of the following areas:[14][15]

MEE questions are actually drafted by the NCBE Drafting Committee, with the assistance of outside academics and practitioners who are experts in the fields being tested. After initial drafting, the questions are pretested, analyzed by outside experts and a separate NCBE committee, reviewed by boards of bar examiners in the jurisdictions that use the test, and then revised by the Drafting Committee in accordance with the results of this process. Each MEE question is accompanied by a grading guide, and the NCBE sponsors a grading workshop on the weekend following the bar exam whose results are provided to bar examiners.[16]

The examination is always administered on a single day of the bar examination, specifically the day before the Multistate Bar Examination (MBE). Through February 2007, the MEE consisted of seven questions, with most jurisdictions selecting six of the seven questions to administer. Unlike the MBE, which is graded and scored by the NCBE, the MEE is graded exclusively by the jurisdiction that administers the bar examination. Each jurisdiction has the choice of grading MEE questions according to general U.S. common law or the jurisdiction's own law.[14]

Multistate Performance Test (MPT)

The MEE is partnered with the Multistate Performance Test (MPT), a written performance test developed by the NCBE and used in 34 U.S. jurisdictions.[17]

UBE Jurisdictions

State/TerritoryIn-State ScoreTransfer ScoreFirst UBE AdministrationAdditional exam/courseUBE Transfer Eligibility
Alabama2602602011 JulyYes25 months
Alaska2802802014 JulyNo60 months
Arizona2732732012 JulyYes60 months
Colorado[18]2762762012 FebruaryNo36 months[lower-alpha 1]
Connecticut[19]2662662017 FebruaryNo36 months
District of Columbia[20]2662662016 JulyNo60 months
Idaho[21]2722802012 FebruaryNo37 months
Illinois[22]2662662019 JulyNo48 months
Iowa2662662016 February[23]No60 months[lower-alpha 2]
Kansas2662662016 FebruaryNo36 months
Maine2762762017 JulyNo36 months
MarylandTBDTBD2019 July[24]YesTBD
Massachusetts[25]2702702018 July[26]Yes36 months
Minnesota2602602014 FebruaryNo36 months
Missouri2602602011 FebruaryYes24 months
Montana[27]2662662013 July[28]Yes36 months
Nebraska2702702012 FebruaryNo36 months
New Hampshire2702702014 FebruaryNo36 months[lower-alpha 3]
New Jersey2662662017 FebruaryNo36 months
New Mexico2602602016 FebruaryYes36 months
New York[29]2662662016 July[30]Yes36 months
North Carolina[31]2702702019 FebruaryYes36 months
North Dakota2602602011 FebruaryNo24 months
Ohio[32]TBDTBD2020 JulyNo60 months
Oregon[33]2742742017 JulyNo36 months
Rhode Island[34]2762762019 FebruaryYes24 months
South Carolina2662662017 FebruaryYes36 months
Tennessee[35]2702702019 February[36]No36 months Texas270TBA2021 FebruaryYes60 months
Utah[37]2702702013 FebruaryNo24 months[lower-alpha 4]
Vermont2702702016 JulyNo36 months[lower-alpha 5]
Washington[38]2702702013 JulyYes40 months
West Virginia[39]2702702017 JulyNo36 months
Wyoming2702702013 JulyNo36 months
U.S. Virgin Islands[40]2662662017 JulyYes36 months
  1. ↑ 3 years + 2 years active practice immediately preceding
  2. ↑ with proof upon filing of regular practice 2 of 3 years immediately preceding
  3. ↑ if older than 3 years, applicant must show practice for prior 2 years and was in good standing for the whole duration
  4. ↑ with proof of full-time law practice
  5. ↑ if engaged in the practice of law for 2 years and in good standing

See also

References

  1. ↑ "Jurisdictions That Have Adopted the UBE". National Conference Of Bar Examiners. 2017-11-22. Retrieved 2017-11-22.
  2. ↑ "Midyear Meeting 2016: ABA adopts Resolution 109 on Uniform Bar Examination". ABA News. 2016-02-11. Retrieved 2017-02-06.
  3. ↑ "With Missouri Move, Idea of Uniform Bar Exam Finally Gets Legs". ABA Journal. 2010-04-29. Retrieved 2013-04-30.
  4. ↑ "New York State to Adopt Uniform Bar Exam". The New York Times. 2015-05-05.
  5. ↑ McEntee, Kyle. "Washington D.C. Adopts Uniform Bar Exam". Retrieved 15 February 2016.
  6. ↑ "Big Changes for Those Who Seek to Become an Attorney in South Carolina". George Sink, P.A. Injury Lawyers. 2015-07-01.
  7. ↑ http://www.courtnewsohio.gov/happening/2018/UBE_081418.asp#.W3zwMzOZPoz
  8. ↑ Jones, Leigh (2009-10-12). "Uniform Bar Exam Drawing Closer to Reality". The National Law Journal. Archived from the original on 15 October 2009. Retrieved 2009-11-23.
  9. ↑ Bar Admissions background, PDF Archived 2008-10-10 at the Wayback Machine.
  10. ↑ "Multistate Bar Examination". NCBE. Retrieved 25 Oct 2016.
  11. ↑ "Multistate Bar Examination Scores". NCBE. Retrieved 25 Oct 2016.
  12. ↑ Comprehensive Guide to Bar Admission Requirements 2012 (accessed October 28, 2012)
  13. ↑ "MEE FAQs0". National Conference of Bar Examiners. Retrieved 2014-01-25.
  14. 1 2 "Multistate Essay Examination (MEE)". National Conference of Bar Examiners. Archived from the original on 30 April 2007. Retrieved 2007-04-30.
  15. ↑ "Description of the MEE". Archived from the original on 2009-07-04. Retrieved 2009-06-13. "The Multistate Essay Examination (MEE)...inaugurated in July 1988"
  16. ↑ "Why Jurisdictions May Want to Implement the MEE". National Conference of Bar Examiners. Archived from the original on 2007-07-08. Retrieved 2007-04-30.
  17. ↑ "Jurisdictions Using the MPT in 2007". National Conference of Bar Examiners. Retrieved 2007-04-30.
  18. ↑ "Eligibility Requirements for Application by Uniform Bar Exam Score Transfer". Colorado Supreme Court. Retrieved 2017-07-12.
  19. ↑ "FAQs - Admission by Examination". State of Connecticut - Judicial Branch. Retrieved 2016-09-26.
  20. ↑ "Jurisdiction Information". NCBE. Retrieved 2016-09-26.
  21. ↑ "UBE Score Transfer Information". Idaho State Bar. Retrieved 2017-03-02.
  22. ↑ "Illinois Supreme Court Adopts Uniform Bar Exam". Illinois State Bar Association.
  23. ↑ "Iowa adopts the Uniform Bar Examination (UBE)". National Conference of Bar Examiners.
  24. ↑ "Welcome (Court of Appeals of Maryland)". Retrieved March 26, 2018.
  25. ↑ "Board of Bar Examiners". Massachusetts Court System. 2013-07-19. Retrieved 2017-03-10.
  26. ↑ "UBE hits 24th state with Massachusetts". ABA for Law Students. Archived from the original on 25 August 2016.
  27. ↑ "Admissions Information - State Bar of Montana". www.montanabar.org. Retrieved 2016-09-26.
  28. ↑ , University of Montana School of Law Bar Exam Information
  29. ↑ "Uniform Bar Examination, New York Law Course & New York Law Exam". New York State Bar. Retrieved 2017-03-02.
  30. ↑ New York State to Adopt Uniform Bar Exam - The New York Times, May 6, 2015
  31. ↑ Kubik, Erika (December 4, 2017). "More Than Half of US Jurisdictions Have Adopted the UBE". 2Civility. Illinois Supreme Court Commission on Professionalism. Retrieved December 4, 2017.
  32. ↑ Yeager, Anne. "Ohio Supreme Court Adopts Uniform Bar Examination". www.courtnewsohio.gov. Retrieved 16 August 2018.
  33. ↑ "Jurisdiction Information". NCBE. Retrieved 2016-10-18.
  34. ↑ "RI to Adopt Uniform Bar Examination". Rhode Island Bar Association. Retrieved 2018-06-09.
  35. ↑ "In Re: Amendment of Rule 7, Rules of the Tennessee Supreme Court" (PDF).
  36. ↑ "NCBE Jurisdiction Information: Tennessee".
  37. ↑ "Admission Rules". Utah State Bar. Retrieved 2017-03-02.
  38. ↑ "Uniform Bar Exam". Washington State Bar Association. Retrieved 2017-07-12.
  39. ↑ "WVSC adopts Uniform Bar Examination". The State Journal.
  40. ↑ "PROMULGATION No. 2017-005" (PDF). Virgin Island Supreme Court. Retrieved 2017-07-12.
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