OK Bar Essay 3 — Questions and Answers
Question 1: Which of the following subjects is tested on the MEE but NOT on the multiple-choice MBE?
- Family law (Correct answer)
- Torts
- Real property
- Criminal law
Correct answer: Family law
Family law is an MEE-only subject, while torts, real property, and criminal law also appear on the MBE.
Question 2: An MEE trusts essay asks whether a settlor can revoke a trust when the instrument is silent on revocability. Under the Uniform Trust Code approach, the trust is:
- Revocable unless the instrument expressly makes it irrevocable (Correct answer)
- Irrevocable unless the instrument expressly makes it revocable
- Revocable only with beneficiary consent
- Automatically revoked upon the settlor's incapacity
Correct answer: Revocable unless the instrument expressly makes it irrevocable
The Uniform Trust Code presumes a trust is revocable unless the terms expressly provide otherwise.
Question 3: A secured transactions essay describes a lender who filed a financing statement before a competing lender but perfected second. Who generally has priority under Article 9?
- The first lender to file or perfect (Correct answer)
- The lender who perfected first regardless of filing
- The lender with the larger loan
- The lender who first demanded payment
Correct answer: The first lender to file or perfect
Under UCC 9-322, priority among conflicting security interests goes to the first party to file or perfect.
Question 4: In an MEE civil procedure essay, a defendant wants to challenge personal jurisdiction in federal court. When must this defense be raised to avoid waiver?
- In the first Rule 12 motion or responsive pleading (Correct answer)
- Any time before trial begins
- Any time before final judgment
- Only at a special appearance hearing after discovery
Correct answer: In the first Rule 12 motion or responsive pleading
Under Rule 12(h), personal jurisdiction is waived if omitted from the first Rule 12 motion or responsive pleading.
Question 5: An MEE family law essay involves a premarital agreement waiving spousal support. Under the prevailing UPAA approach, such an agreement is enforceable unless:
- It was involuntary or unconscionable when executed without adequate financial disclosure (Correct answer)
- Either spouse later regrets signing it
- It was signed more than one year before the wedding
- It was not approved in advance by a court
Correct answer: It was involuntary or unconscionable when executed without adequate financial disclosure
Under the Uniform Premarital Agreement Act, enforcement is denied for involuntariness or for unconscionability coupled with inadequate disclosure.
Question 6: What is the biggest scoring mistake examinees make on MEE essays, according to bar graders?
- Reciting rules without applying them to the specific facts (Correct answer)
- Writing conclusions that are too short
- Using headings to separate issues
- Citing the correct rule by its formal name
Correct answer: Reciting rules without applying them to the specific facts
Graders consistently report that failing to apply law to the given facts costs more points than any other error.
Question 7: A conflict of laws issue on the MEE most often appears in what form?
- Embedded within another subject, such as family law or torts (Correct answer)
- As a standalone essay testing only choice-of-law theory
- Only in criminal procedure questions
- It is never tested on the MEE
Correct answer: Embedded within another subject, such as family law or torts
Conflict of laws is tested on the MEE only in combination with other subjects, never as a standalone essay.
OK Bar Essay 3
Which of the following subjects is tested on the MEE but NOT on the multiple-choice MBE?