The Uniform Bar Examination (UBE®) was developed by the National Conference of Bar Examiners (NCBE®) toincrease bar exam score portability between participating jurisdictions. The UBE consists of three components: theMultistate Essay Examination (MEE®), the Multistate Performance Test (MPT®), and the Multistate BarExamination (MBE®).
There are many bar exams and bar exam components and their many acronyms may confuse first year law students. Thisarticle will discuss key differences between the UBE and MBE, including their structure and format, rules regardingscore transfer, and costs.
What Exactly are the UBE and MBE?
The MBE and UBE are not necessarily different exams. Rather, the MBE is a component of the UBE. All UBE jurisdictionsadminister the MBE, but even non-participating jurisdictions use the MBE (except Louisiana and Puerto Rico).
Why were the UBE and MBE formed by NCBE?
The UBE and MBE represent the culmination of centuries of measuring an individual's competence and character beforeempowering them to practice law.
At the close of the 18th century, the first US bar examinations were administered in oral form after a period ofstudy under a lawyer or judge. From 1870 to the 1920s, bar admission was typically granted following graduation froma law school and without examination. Wanting a more meritocratic system, many state boards and the ABA beganimplementing standardized testing, and eventually, the MBE and the UBE were developed.
Uniform Bar Examination
The UBE was created by the NCBE in 2011 to standardize bar examinations across the US and streamline interstate scoreportability. Missouri and North Dakota were the first to administer the UBE, but it has since been adopted by atotal of 41 jurisdictions and endorsed by the American Bar Association (ABA) in 2016.
The UBE assesses various competencies through itsthree different components. Each component offers examinees an opportunity to display their legal knowledge anddemonstrate the skills required to practice law.
Multistate Bar Exam
Graduation from a law school initiated automatic admission to the bar for much of the late 19th and early 20thcenturies. In the 1920s, the ABA and various state boards retaliated against a system that they saw as championinginstitutional prestige over practical merit. This backlash against "diploma privilege" developed over the decades,and in 1972 the NCBE introduced its first multiple-choice exam covering key areas of law.
Today, the MBE continues to test an examinee's abilityto reason through a given fact pattern using fundamental legal principles.
It’s not watching lengthy video lectures or reading textbooks. It’s practicing with real MBE questions!
Which Jurisdictions have Adopted UBE & MBE?
All jurisdictions that have adopted the UBE administer the MBE, but not all jurisdictions that administer the MBEhave adopted the UBE. Remember that the MBE is a component of the UBE. However, some states use the MBE as asupplement component to their state bar exam while rejecting the MEE and MPT.
To date, 41 jurisdictions have adopted the UBE (39 states),while nearly every jurisdiction administers the MBE, with the exception of Louisiana and Puerto Rico.
UBE vs MBE - Exam Structure, Topics, and Costs
The MBE typically falls under the umbrella of exams known as the UBE. The sections below provide a blueprint for thestructure of these exams and enumerate the subjects covered by each.
UBE Structure, Subjects, and Cost
While the weightage, format, and subject matter of the UBE is uniform throughout participating jurisdictions, eachstate has a unique fee schedule. Check with your state's Board of Bar Examiners or Supreme Court, as UBE fees anddeadlines can vary dramatically between jurisdictions.
| UBE Structure and Subjects | |||
|---|---|---|---|
| Component | Weightage | Format | Subjects |
| MEE | 30% | Six 30-minute essay questions administered over one 3-hour session | Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts and Sales,Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates,Secured Transactions |
| MPT | 20% | Two 90-minute tasks that simulate real-world lawyering assignments | Covers application of legal reasoning over pure knowledge |
| MBE | 50% | 200 multiple-choice questions administered over two 3-hour sessions | Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property,Torts |
MBE Structure, Subjects and Cost
The MBE is typically administered over two 3-hour sessions on the second day of the bar exam. Note that only 175 ofthe 200 multiple-choice questions are graded. The remaining 25 are pilot questions for future exams. However, thereis no way of knowing which questions will be graded, so it's important to answer each carefully.
As with the UBE, fees, and deadlines for the MBE vary from state to state. However, every state uses the MBE to testan examinee's knowledge of the following MBEsubjects.
- Civil Procedure
- Constitutional Law
- Contracts
- Criminal Law and Procedure
- Evidence
- Real Property
- Torts
UBE vs MBE Score Portability
UBE scores are portable, meaning they can be transferred to participating UBE jurisdictions. However, eachjurisdiction dictates its own minimum UBEpassing scores. Your passing score must reflect the minimum passing score of the jurisdiction to which youwish to transfer to be admitted to that jurisdiction's bar.
Transferring MBE scores from UBE to non-UBE jurisdictions
MBE score portability is a bit more complicated. If a jurisdiction administers the MBE but has not adopted the UBE,your ability to transfer your score depends on that jurisdiction's rules. The same is true if you've taken the MBE as a component of the UBE andwish to transfer to a non-UBE jurisdiction.
The following jurisdictions accept transferred MBE scores:
| Alabama | Florida | Idaho | Indiana |
| Illinois | Kansas | Kentucky | Michigan |
| Minnesota | Mississippi | Missouri | Northern Mariana Islands |
| Oklahoma* | Palau | South Dakota | Virgin Islands |
| Virginia | West Virginia | Wisconsin | - |
Contact jurisdictions directly for details and up-to-date information, including fees, maximum scores, ages, andtransfer eligibility.
UBE vs MBE: Key Differences
The key differences between the UBE and MBE are summarized in the table below.
| UBE vs MBE: Key Differences | ||
|---|---|---|
| Details | UBE | MBE |
| Introduction | 2011 | 1972 |
| Format | Consists of three components administered over two days. | 200 multiple choice questions administered over two 3-hour sessions. |
| Subjects | In addition to all MBE subjects: Business Associations, Civil Procedure, Conflict of Laws,Constitutional Law, Contracts and Sales, Criminal Law and Procedure, Evidence, Family Law, RealProperty, Torts, Trusts and Estates, Secured Transactions | Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property,Torts |
| Participating Jurisdictions | 41 | All US States except Louisiana and Puerto Rico |
| Score Portability | Yes - to other UBE jurisdictions depending on the admission criteria | MBE scores can be transferred to other states via MBE score services |
Frequently Asked Questions (FAQs)
Is the UBE and the MBE the same?
No, the UBE and the MBE are not the same. The MBE is one of three components that comprise the UBE.
Is UBE easier than the state bar exam?
Yes, the UBE is easier than state bar exams because it tests fewer subjects, is more predictable, and sometimes is shorter. However, these factors vary by state.
Which states use the MBE?
Every US jurisdiction administers the MBE, with the exception of Louisiana and Puerto Rico.
How many states accept the UBE?
To date, 39 states, or 41 jurisdictions, accept the UBE.
