Torts

Torts may be the most straightforward of the subjects tested on the MBE. If there's a wrinkle, it's that some questions in non-Torts subjects may initially look like a Torts question based on the facts. For example, a procedural Civ Pro question may be set up by some facts involving a Torts issue. A good approach for handling this is to look briefly at the call of the question first to help you identify the question's subject (more on this in Test-Taking Tips).

In terms of specific topics, negligence is most frequently tested, along with intentional torts. Defamation and third-party claims for emotional distress seem to come up a bit as well. Finally, expect to see lots of questions concerning car accidents of some sort. The MBE loves car accidents.

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