Part of knowing the bar exam like the back of your hand is learning which topics in which subject the bar examiners love to test on. Here are the big ticket items you must know for each Multistate Subject.
Torts
Torts on the bar exam emphasizes negligence, just like in law school. Of course, negligence comes in many shapes and hues, including negligence per se, res ipsa loquitur and differing standards of care.
Property
Property law covers a wide variety of subjects and often feels like a fast road trip through ten states in five days. While basic Property concepts, such as easements, covenants, adverse possession, estates in land and future interests, are covered, the examiners have taken a liking to mortgages in recent years. For many students, mortgages were not even included in their basic property class.
Contracts
The most tested area in contracts is basic formation issues. Conditions and remedies also matter. Also, memorize third party beneficiaries.
Evidence
When you think of evidence the only thing that should be ringing in your ears is the word hearsay. The vast expense of hearsay requires knowledge of what out-of-court assertions are not hearsay, as well as what statements fall within the exceptions. The Best Evidence Rule is on the exam, but not a highlight for examiners.
Constitutional Law
Individual rights matter a lot. These range from Equal Protection, to Due Process, to the Privileges and Immunities Clause to, of course, the First Amendment
Criminal Law and Procedure
It is important to know search and seizure issues from the Fourth Amendment as well as Miranda issues from the Fifth Amendment and right to counsel issues from the Sixth Amendment. Also focus on common law crimes, such as criminal homicide.
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