ube bar exam essays

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Many state bar associations post former bar exam essay questions and sample answers on their websites. These model answers are useful for studying for the bar and final exams.

Search online for state bar exam questions and answers, or use the list provided at the bottom of this page. Access is free.

• Try writing a response to a practice question, then comparing your response to the model answer.
• Some bar exam questions require the application of state law (e.g., California civil procedure), and may not be helpful if you are studying federal law. Read the question carefully. 
• Subject coverage will vary by exam and by state.

1L Subjects:

• Civil Procedure (federal and state questions)
• Constitutional Law
• Contract Law
• Criminal Law

2L/3L Subjects:

• Business Organizations
• Conflict of Laws
• Criminal Procedure
• Family Law/Community Property
• Professional Responsibility/Ethics
• Secured Transactions (Uniform Commercial Code 2)
• Wills & Trusts

Sample Exam Questions & Answers By State

• Mississippi
• Pennsylvania
• UBE  (Many of the states on this list administer the UBE, but the states offer more recent model essay answers than the UBE)
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The Uniform Bar Examination (UBE) is coordinated by the NCBE and is composed of the MEE, two MPT tasks, and the MBE. It is uniformly administered, graded, and scored and results in a portable score that can be transferred to other UBE jurisdictions. For a list of jurisdictions that administer the UBE, please see the map at the bottom of this page.

Content and Scoring of the Exam

The UBE is administered over two days, with the MBE given on the last Wednesday of February and July and the MEE and MPT given on the Tuesday prior to that. Jurisdictions that use the UBE may also require applicants to complete a  jurisdiction-specific law component . 

NCBE scores the MBE component of the UBE. Jurisdictions grade the MEE and MPT components. The MEE and MPT scores are scaled to the MBE and UBE total scores are calculated by the NCBE. The MBE is weighted 50%, the MEE 30%, and the MPT 20%. UBE total scores are reported on a 400-point scale. Jurisdictions set their own  minimum passing scores  for the UBE. 

According to the NCBE, “[t]he UBE is designed to test knowledge and skills that every lawyer should be able to demonstrate prior to becoming licensed to practice law. It results in a portable score that can be used to apply for admission in other UBE jurisdictions.”

Study Resources for the UBE

The Law Library contains a special  Bar Success Collection  of resources to help you prepare for the bar exam. This collection is located in the Main Reading Room on Level 3A.

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Below is a sampling of the print and electronic resources available from the Law Library: 

There are multiple resources that provide sample questions and answers for the UBE:

• Recent MEE questions and model answers .
• Recent MPT questions, model answers, and point sheets . 
• Sample MBE questions . 

If you’re looking to purchase additional resources yourself:

• The NCBE provides you with some  sample MBE test questios  online. 
• When you register for a Bar Review course they will provide you with multiple simulated MBE exams.
• The NCBE has a list of MBE study aids in their  online store .
• (FREE)  MEE Questions and Analyses  from older administrations are available on the NCBE website. 
• The NCBE provides you with some  sample MEE test questions  online. 
• When you register for a Bar Review course they will provide you with multiple simulated MEE exams.
• The NCBE has a list of MEE study aids in their  online store .
•  (FREE)  MPTs and Point Sheets  from older administrations are available on the NCBE website. 
• (FREE)  Summaries of MPTs  from recent administrations are available on the NCBE website. 
• When you register for a Bar Review course they will provide you with multiple simulated MPT exams.
• The NCBE has a list of MPT study aids in their  online store .

Jurisdictions Administering the UBE

(updated Feb. 22, 2024)

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How to Approach a Uniform Bar Exam Subject Essay (MEE)

March 30, 2016 By Ben Nelson 2 Comments

The Uniform Bar Exam (UBE) is comprised of multiple choice questions, subject essays, and performance tests. Today we’re going to talk about how to approach a subject essay, also known as the Multistate Essay Exam (MEE). It is absolutely critical to have a method for thinking through and writing a subject essay on the UBE because thirty minutes per essay goes by quickly. The end goal is to plug in each of the parts of IRAC as quickly and efficiently as possible.

1. Read the Fact Pattern and Question Prompt

The first thing you need to do is read the fact pattern and question prompt. Take this time to internalize the story presented by the question and consider why the question mentions particular facts. Underline these key facts because you’ll want to make sure to use them in your analysis.

After reading through the fact pattern and question prompt, you’ll want to outline your answer. If you find that using scratch paper helps you, then jot down the key arguments and facts that you want to use (we are big fans of using scratch paper to outline). Make sure to transfer these arguments and key facts to your essay. You’d be surprised how often I read student essays that miss particular issues only to find that those issues are identified on the scratch paper.

Note: if you’re not really the outlining type, then you need to find another way to think through your answer. Here’s what I do: after reading the question, I type out headers that correspond to each of the specific questions asked since this is the structure that the graders want you to use. Then I figure out the answer to each question and think backwards about how to get there. Under the header, I write down each of the rules that I used to reach my answer in the order that I need to apply them. Thus, I’m left with a rule statement that also serves as a roadmap for my analysis.

3. Write the Header

The first things that you need to write down on your exam answer are the headers to each part of the question. The good news about the UBE’s subject essays is that they almost always give you the headers that they want you to use. Each of your headers should give the grader an answer to the part of the question that it is addressing. For example, a two-part question will have two headers corresponding to each of the two parts of the question. A three-part question will have three headers corresponding to each of the three parts. Practically the only time you’ll have to think through how to structure your essay is when you’re dealing with a one-part question, but these are rare.

4. Rule Statement

After the header, you need to write the rule statement in its own paragraph. You should only mention the rules that are essential to reaching your answer. For example, if you have a question about the First Amendment, and you’re dealing with an obviously content-based restriction, don’t give the grader the rule for content-neutral time, place, and manner restrictions. You should write the rules in the order that you plan to apply them, so they serve as a road map to your analysis.

5. Write the Analysis

Following the rule paragraph, you’ll write your analysis paragraph. Analyze each of the rules that you wrote in the order that you wrote them. (If you wrote your rules in an order that doesn’t make sense, then you need to reorganize them). Make sure to use all of the facts from the fact pattern at least once in your answer. Explain to the grader how each side would argue the point, and specifically mention the facts that each side would use to make its argument.

6. Summarize with a Conclusion

Finally, you need to summarize what you wrote with a single-sentence conclusion in its own paragraph. The purpose of the conclusion is to tell the grader your answer to the question asked and what law and facts you think were key. The most important thing that your conclusion does is tell the grader why you reached your conclusion. Avoid introducing any new law, facts, or arguments in your conclusion. If you find yourself wanting to state anything that you haven’t already written, go back to your rule statement or analysis and edit accordingly.

Did you find this post helpful? Check out some other great articles:

• Deciding Whether to Take the UBE or California Bar Exam? 
• Steps to Making Your Own Bar Exam Schedule
• Are You Wasting Time Studying for the Bar Exam 
• What are You Waiting For? It’s Time to Study for the Bar Exam

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About Ben Nelson

Ben Nelson is a law school and California bar exam tutor for Law School Toolbox and Bar Exam Toolbox. As the oldest child of two professors, he realized from an early age that he wanted to strike out on his own. He eventually settled on law school and graduated from Columbia in 2014 as a Kent Scholar and a Stone Scholar. While in school, Ben served as the Notes Editor for the Columbia Journal of Race & Law, helping eight 2Ls conceptualize and write law review notes. In 2016, he will be clerking for a federal district court judge.

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What is the uniform bar exam (ube) - complete guide.

Reviewed by:

David Merson

Former Head of Pre-Law Office, Northeastern University, & Admissions Officer, Brown University

Reviewed: 4/3/24

If you’re curious about what the Uniform Bar Exam is, keep reading. We’ll walk through its structure, content, and where you can take it.

Since 2011, the Uniform Bar Examination (UBE) has steadily gained ground across the US. Over time, more and more states are adopting the UBE as a means to streamline the process of attorney licensure. It's designed to make sure that everyone who passes meets the same high standards of legal know-how, no matter where they plan to practice.

In this guide, we'll cover the basics of the UBE, including its components, the states and jurisdictions where it's accepted, how it's graded, the subjects it covers, the exam schedule, and the portability of UBE scores. Whether you're thinking about taking the exam or just want to understand what it's all about, this overview has got you covered.

What Is the Uniform Bar Exam?

The Uniform Bar Exam is a standardized test conducted by the National Conference of Bar Examiners (NCBE). Its main aim is to assess the essential knowledge and skills needed for practicing law effectively. 

This exam includes multiple-choice questions, essays, and performance tests covering various legal topics like constitutional law, contracts, criminal law, and evidence. 

What sets the UBE apart is its portability; once you've taken it, you can use your scores to apply for admission to the bar in different jurisdictions that accept the UBE. This saves you the hassle of taking separate bar exams for each place you want to practice law.

UBE Components

The UBE is made up of three main sections: 

• The Multistate Bar Examination (MBE)
• The Multistate Essay Examination (MEE)
• The Multistate Performance Test (MPT)

Multistate Bar Examination (MBE)

The MBE is the first step in the UBE. It tests whether candidates understand important legal principles and can analyze legal situations.

This section consists of 200 multiple-choice questions covering a range of legal topics, such as civil procedure, Constitutional Law, Contracts, Criminal Law, and Evidence. It is split into morning and afternoon sessions, each lasting three hours. Candidates face both scored and unscored pretest questions. 

The MBE contributes 50% to the total UBE score, so it plays a significant role in determining candidates' readiness for the legal profession.

Multistate Essay Examination (MEE)

Following the MBE is the MEE , which focuses on assessing candidates' writing and analytical skills. Through six essay questions spanning subjects such as Business Associations, Torts, and Trusts and Estates, candidates must provide clear and concise responses within a 30-minute timeframe per question. 

Graded by individual jurisdictions, the MEE constitutes 30% of the overall UBE score, offering valuable insights into candidates' ability to articulate legal concepts effectively.

Multistate Performance Test (MPT)

The MPT evaluates candidates' practical application of legal knowledge and skills. With two 90-minute tasks, candidates are presented with case materials, including a File containing relevant facts and a Library with reference materials. 

From drafting legal documents to analyzing case materials, candidates demonstrate their legal research, analysis, and writing abilities. Accounting for 20% of the UBE score, the MPT provides an opportunity for candidates to showcase their readiness for the challenges of legal practice.

UBE States and Jurisdictions

Below is a breakdown of the UBE states and jurisdictions that have embraced the UBE, along with when they first introduced it.

Jurisdictions That Have Adopted the UBE

States and jurisdictions that have not adopted the ube.

The following states and jurisdictions have not adopted the UBE:

• Mississippi

Additionally, the following territories and jurisdictions have not adopted the UBE:

• Northern Mariana Islands
• Puerto Rico

Source : NCBE

Grading of the UBE

The UBE is graded through a combination of scoring by the NCBE for the MBE component, while the MEE and the MPT components are graded by individual jurisdictions. 

After grading, the scores from the MEE and MPT are scaled to align with the MBE scores, and the UBE total scores are calculated by the NCBE. These total scores are reported on a 400-point scale, with the MBE weighted at 50%, the MEE at 30%, and the MPT at 20%. 

Each jurisdiction sets its own minimum passing score for the UBE, and NCBE automatically reports UBE scores to jurisdictions, which then report the scores to examinees. If a jurisdiction does not report scores to examinees, individuals may request their scores from NCBE via UBE Score Services.

UBE Bar Exam Subjects

The Uniform Bar Exam covers key legal subjects like Contracts, Constitutional Law, Criminal Law and Procedure, Evidence, Real Property, Torts, and Civil Procedure. 

Additionally, the MEE includes topics such as Business Associations, Conflict of Laws, Family Law, UCC Art. 9 (Secured Transactions), and Trusts & Estates. This broad range of subjects ensures that candidates have a well-rounded understanding of essential legal principles needed for the practice of law.

UBE Schedule

To prepare for the UBE, candidates typically put in around 35-40 hours of study time per week for nine to 10 weeks, totaling about 300-400 hours. 

The strategy is to take things one step at a time. Instead of trying to tackle everything at once, candidates focus on mastering one part of the exam before moving on to the next. 

Your first aim should be to learn the material. This involves listening to lectures, going through practice questions , and getting to grips with the nuts and bolts of each section. Once that's done, it's all about practice, practice, practice.

By breaking it down and building a study schedule , candidates can dig deep into each component of the exam. This approach not only builds up knowledge but also helps develop those all-important test-taking strategies. So when exam day rolls around, candidates are ready to handle anything that comes their way.

UBE Score Portability

Score portability on the UBE allows candidates who pass the exam in one jurisdiction to transfer their scores for admission to other UBE jurisdictions. This simplifies the process for lawyers who want to practice in multiple states by providing a standardized measure of their legal competence across different jurisdictions. 

However, it's important to check the specific requirements of the jurisdiction where admission is sought, as procedures may vary slightly.

Final Thoughts

To wrap it up, understanding what the Uniform Bar Exam is key. It provides a standardized way for future lawyers to prove their skills, making it easier to practice across different states. 

And when it comes to acing the UBE, look no further than our customized Uniform Bar Exam tutoring . Our skilled tutors provide customized online sessions designed to target your areas for improvement, guiding you toward reaching your full potential.

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I was very worried about the bar exam because I had a lot going on personally and the bar prep course I had was not working for me. All I knew is that I did not want to take this test again! I used JD Advising when I took the MPRE and received a great score. I had already been using the free materials and attended the free practice sessions. When my family was going through yet another obstacle, I knew that I needed extra help. I purchased one-pagers and later the outlines plus tutoring with Julia. It was the best investment I could have made. The one-pagers were great for quick review at the end of my studies for the day. The outlines were easy to follow and memorize. Julia was patient and understanding, allowing me to vent and helping me see the progress I was making when everything else in my life was falling apart. I am forever grateful for JD Advising. I know I couldn’t have passed the bar (with a score high enough to be licensed in any UBE jurisdiction) without you! Thank you all so much!

I usually don’t leave reviews BUT I cannot rave enough about JD Advising. This course came highly recommended by a friend, another repeat-taker. I passed the NYS Bar for the third time with 10 points over the passing score – the tears still stream down! Having studied with Bar Prep materials from other companies, the JD ADVISING UBE Course is PHENOMENAL!!!

The outlines are precise, nuanced yet not overwhelming compared to others. The 2 course instructors, Meagan and Heather are AMAZING – their lectures are engaging and just so well structured. The entire course strikes a results-driven balance between not being overwhelming yet extracting key information to understand and memorize. Also, Heather’s approach to the MPT is spot on!!! Check out her free MPT webinar. After consistently following her advice and tips, I was able to understand key strategies to gain points while delivering a cohesive finished product.

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Which subjects are tested on the Uniform Bar Exam?

This Uniform Bar Exam frequency chart has been updated with the July 2023 exam. Please click on the image to make it larger and open it in a new tab!   If your state offers the Uniform Bar Exam (UBE), you may wonder which subjects are tested on the Uniform Bar Exam. To be the most efficient when you study, you will want to study the subjects that are the most highly tested. Below we reveal the highly tested subjects on both the multiple-choice portion and essay portion of the Uniform Bar Exam. (You can also click on the picture to make it larger!)

See a July 2023 recap of our one-sheets here .

The Uniform Bar Exam is composed of the Multistate Bar Exam (MBE), the Multistate Performance Tests (MPT) do not cover a specific area of law; they test lawyerly skills), and an essay portion. Below are the subjects tested on the MBE and the essay portion of the Uniform Bar Exam:

Multistate Bar Exam (MBE)

For the Multistate Bar Exam portion, you will have 200 multiple-choice questions to answer over a period of six hours. The MBE covers the following seven subjects (which are equally tested):

• Contracts and Sales (25 multiple-choice questions)
• Constitutional Law (25 multiple-choice questions)
• Criminal Law and Procedure (25 multiple-choice questions)
• Civil Procedure (25 multiple-choice questions)
• Evidence (25 multiple-choice questions)
• Real Property (25 multiple-choice questions)
• Torts (25 multiple-choice questions)

Because all seven subjects are tested equally (and they also all appear in some capacity on the essay portion of the Uniform Bar Exam, as discussed below) it is very important to know these subjects well!

[If you are wondering why the number of questions does not add up to 200, it is because as of the February 2017 exam, only 175 are scored. The other 25 are “test questions”]

Subjects tested on the Essay Portion of the Uniform Bar Exam—Multistate Essay Exam

For the essay portion, you will have six questions to answer in three hours (30 minutes/question). the Uniform Bar Exam tests the same subjects that the Multistate Essay Exam (MEE) tests. (The MEE is a six-question exam used by Uniform Bar Exam states as well as other states that do not offer the Uniform Bar Exam.)

The National Conference of Bar Examiners lists the following subjects as potential areas of law:

• Business Associations (Agency and Partnership; Corporations and Limited Liability Companies),
• Civil Procedure,
• Conflict of Laws,
• Constitutional Law,
• Criminal Law and Procedure,
• Family Law,
• Real Property,
• Trusts and Estates (Decedents’ Estates; Trusts and Future Interests), and
• Uniform Commercial Code (Secured Transactions).

As you can see from the chart above, the single most highly tested subject on the essay portion of the Uniform Bar Exam is Civil Procedure. We’ve also divided up the subjects so you can see the most highly-tested to least-tested subjects.

[Note: the data below comes from the February 2011 bar exam to the last administered bar exam.]

Tier One: Highly Tested Subjects on the Uniform Bar Exam  (In Order of Most-to-Least Tested)

• Civil Procedure (20 full essays plus 1 combined with another subject)
• Agency and Partnership (12 full essays plus 5 combined with another subject)
• Contracts (15 full essays)
• Secured Transactions (14 full essays)
• Real Property (13 full essays)
• Corporations and LLCs (10 full essays plus 5 combined with another subject)
• Evidence (10 full essays plus 3 combined with another subject)
• Trusts and Future Interests (10 full essays plus 3 combined with another subject)
• Decedents’ Estates (Wills) (9 full essays plus 4 combined with another subject)
• Constitutional Law (8 full essays plus 2 combined with another subject)
• Torts (8 full essays plus 3 combined with another subject)
• Family Law (9 full essays)

Tier Two: Lesser-Tested Subjects on the Uniform Bar Exam (In Order of Most-to-Least Tested)

• Criminal Procedure (7 full essays plus 2 combined with another subject)
• Criminal Law (6 full essays plus 1 combined with another subject)
• Conflict of Laws (This is usually combined with Decedents’ Estates, Family Law, Civil Procedure, or Corporations/LLCs. It is not tested on its own.) (0 full essays, 6 essays combined with another subject)

A few additional notes

• Sometimes the National Conference of Bar Examiner’s (NCBE) labels a subject “Criminal Law and Procedure” when really it is just one or the other being tested. We listed the true amount of times those subjects were tested above.
• We started collecting data from 2011 on because that is when the first Uniform Bar Exam was administered.

Feel free to download the UBE chart (or email us at [email protected] if you are having difficulty downloading it!) If you repost it somewhere on the internet, we would appreciate a link to this site :) Thank you!

Lastly, just like all subjects are not treated equally, neither are all topics!

The NCBE tends to test certain topics within each subject more than other topics. If you are looking for a free overview of highly tested MEE topics, please review our free MEE Guide !

For a more detailed overview of the highly tested topics on the MEE, check out our MEE One-Sheets . These give you an overview of the highly-tested areas of the MEE in one sheet, front and back. We sell them in our online store.

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Preparing for the MEE

Test Format 

The MEE consists of six 30-minute questions. Areas of law that may be covered on the MEE include the following: Business Associations (Agency and Partnership; Corporations and Limited Liability Companies), Civil Procedure, Conflict of Laws, Constitutional Law, Contracts (including Article 2 [Sales] of the Uniform Commercial Code), Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates (Decedents' Estates; Trusts and Future Interests), and Article 9 (Secured Transactions) of the Uniform Commercial Code. Some questions may include issues in more than one area of law. The particular areas covered vary from exam to exam.  

Effective with the July 2026 bar exam, the following areas will no longer be tested on the MEE: Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions.

For instructions provided with each MEE, see  Instructions for Taking the MEE .

MEE Subject Matter

For the MEE's scope of coverage, see the MEE Subject Matter Outline.

MEE Study Aids for Purchase

To learn about NCBE’s study aids available for purchase, see our Study Aids page.

Free MEE Questions

For the six MEE questions administered in July 2023 (without analyses), see the MEE Questions.

Bar Admission Online Guide

Jurisdiction-specific bar admission  requirements and  directory of state bar admission agencies.

Free MEE Questions and Analyses from Older Administrations

MEE Questions and Analyses from older administrations are available by accessing the following files.

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INSTRUCTIONS

1. This Questionnaire contains ten (10) pages including this page. Check the number of pages and their proper sequencing. You may write notes on this Questionnaire.

Read each question very carefully and write your answers in your Bar Examination Notebook in the same order as the questions. Write your answers only on the front page of every sheet. Note well the allocated percentage points for each question or sub-question. In your answers, use the numbering system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

3. Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the pertinent laws, rules, and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK.

4. Do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or identifying mark in the Notebook is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE MARIANO C. DEL CASTILLO Chairperson 2018 Bar Examinations

Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional based on, among others, the following grounds:

(a) It violates the right to life, since it practically sanctions abortion. Despite express terms prohibiting abortion, petitioners claim that the family planning products and supplies oppose the initiation of life, which is a fundamental human right, and the sanction of contraceptive use contravenes natural law and is an affront to the dignity of man.

(b) It violates the constitutional prohibition against involuntary servitude because it requires medical practitioners to render 48 hours of pro bono reproductive health services which may be against their will.

(c) It violates the Freedom of Religion, since petitioners' religious beliefs prevent them from using contraceptives, and that any State- sponsored procurement of contraceptives, funded by taxes, violates the guarantee of religious freedom.

Rule on each of the above objections. (2.5% each)

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was brought to several military camps where she was interrogated, beaten, mauled, tortured, and threatened with death if she would not confess her membership in the New People's Army (NPA) and point to the location of NPA camps. She suffered for several days until she was released after she signed a document saying that she was a surenderee, and was not abducted or harmed by the military. After she was released, and alleging that her rights to life, liberty and security had been violated and continued to be threatened by violation of such rights, she filed with the Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary Protection Orders, Inspection of Place, and Production of Documents and Personal Properties. The case was filed against President Amoyo (who was the President of the Philippines when the abduction, beating, mauling and life threats were committed), General Altamirano, and several military men whom Agnes was able to recognize during her ordeal. The Court, after finding the petition to be in order, issued the writ of amparo and the writ of habeas data and directed the respondents to file a verified return on the writs, and directed the Court of Appeals (CA) to hear the petition. The respondents duly filed their return on the writs and produced the documents in their possession. After hearing, the CA ruled that there was no more need to issue the temporary protection orders since the writ of amparo had already been issued, and dismissed the petition against President Amoyo on the ground that he was immune from suit during his incumbency as President. Agnes appealed the CA ruling to the Court. The appeal was lodged after President Amoyo's term had ended.

(a) Was the CA correct in saying that the writ of amparo rendered unnecessary the issuance of the temporary protection order? (2.5%)

(b) Will the President's immunity from suit continue even after his term has ended, considering that the events covered by the Petition took place during his term? (2.5%)

What and whose vote is required for the following acts: (2% each)

(a) the repeal of a tax exemption law;

(b) a declaration of the existence of a state of war;

(c) the amendment of a constitutional provision through a constituent assembly;

(d) the resolution of a tie in a presidential election; and

(e) the extension of the period for the suspension of the privilege of the writ of habeas corpus?

The Province of Amaya is one of the smallest provinces in the Philippines with only one legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro.

Andres, a resident and registered voter of Cuatro municipality, ran and was elected as member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local elections.

While Andres was serving his second term as ·sp member, a law was enacted re-apportioning the four towns of Amaya into two legislative districts: Uno and Dos comprising the First District, and Tres and Cuatro comprising the Second District.

In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya representing the Second District.

Andres seeks your legal advice regarding his intention to run as a member of the SP of Amaya for the Second District in the next local elections in 2019. What will you advise Andres? (2.5%)

State whether or not the following acts are constitutional: (2% each)

(a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar;

(b) A law requiring all candidates for national or local elective offices to be college degree holders;

(c) The designation by the President of an acting Associate Commissioner of the Civil Service Commission;

(d) The appointment by the President as Deputy Ombudsman of a lawyer who has been engaged in the practice of law for five years; and

(e) The nomination by a national party-list of a person who is not one of its bona fide members.

Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative.

About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion and replacement by Andoy.

The Comelec considered Alejandro's petition as an intra-party dispute which it could resolve as an incident of its power to register political parties; it proceeded to uphold the expulsion.

Is the Comelec's ruling correct? (5%)

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders.

Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto's Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used the same passport several times to travel to and from Manila and Madrid or Barcelona.

In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and minor children.

(a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto's CoC? (2.5%)

(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of Ardania City: Arnaldo, who obtained the second highest number votes, or Andrea, the duly-elected Vice Mayor of the City? (2.5%)

Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns.

The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua which carried the accessory penalty of perpetual absolute disqualification. While Anselmo was in prison, the President commuted his sentence and he was discharged from prison.

The second petition was against Ambrosio. Ambrosio's residency was questioned because he was allegedly a "green card holder," i.e., a permanent resident of the US, as evidenced by a certification to this effect from the US Embassy.

Acting on the recommendations of its Law Department, the Comelec en banc motu proprio issued two resolutions granting the petitions against Anselmo and Ambrosio.

Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the resolutions cancelling their respective CoCs. Both claimed that the Comelec en bane acted with grave abuse of discretion amounting to lack or excess of jurisdiction because the petitions should have first been heard and resolved by one of the Comelec's Divisions.

Are Anselmo and Ambrosio correct? (5%)

In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225.

In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections. Agripina's political rivals lost no time in causing the filing of various actions to question her candidacy. They questioned her eligibility to run as member of Congress. Since Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship.

Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was deemed never to have lost, her Philippine citizenship.

Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)

Ascertain the constitutionality of the following acts: (2.5% each)

(a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct.

(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman.

(c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an administrative proceeding, except through a petition for review on certiorari filed before the Supreme Court.

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a United States (US) personnel who becomes subject to criminal prosecution before a Philippine court shall be with the US military authorities, if the latter so requests. The custody shall begin from the commission of the offense until the completion of all judicial proceedings. However, when requested, the US military authorities shall make the US personnel available to Philippine authorities for any investigative or judicial proceeding relating to the offense with which the person has been charged. In the event that the Philippine judicial proceedings are not completed within one year, the US shall be relieved of any obligation under Section 6.

The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all courts in the Philippines; and (2) it violates the equal protection clause to the extent that it allows the transfer of the custody of an accused to a foreign power as providing a different rule of procedure for that accused.

Rule on the challenge. (5%)

Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court.

Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions "en bane [to] promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights."

Section 16(3) of Article VI of the Constitution states that "Each House may determine the rules of its proceedings." Section 21, Article VI of the Constitution further provides that "The Senate or the House of Representatives or any of its respective committees may conduct inquiries... in accordance with its duly published rules of procedure."

Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall promulgate its rules on impeachment to effectively carry out the purposes of this section."

Are the rules promulgated pursuant to these provisions subject to review and disapproval by the Supreme Court? (5%)

PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light.

After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian was charged with violation of Section 15, Article II of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

PO1 Adrian argues against the admissibility of the urine test results and seeks its exclusion. He claims that the mandatory drug test under R.A. No. 9165 is a violation of the accused's right to privacy and right against self-incrimination.

Are PO1 Adrian's contentions correct? (2.5%)

Amoroso was· charged with treason before a military court martial. He was acquitted.

He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy.

The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a "competent court."

Should the Regional Trial Court grant Amoroso's motion to quash on the ground of double jeopardy? (2.5%)

Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities and a water system on the property donated, and to build an office building and parking lot thereon, which should have been constructed and made ready for occupancy on or before the date fixed in the deed of donation.

The Republic invoked state immunity and moved for the dismissal of the case on the ground that it had not consented to be sued. Should the Republic's motion be granted? (2.5%)

Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their checked-in luggage, they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to place their luggage on the examiner's table for inspection.

The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath the clothes inside the foreigners' bags. The examiner discovered white crystalline substances inside the boxes that he inspected and proceeded to bundle all of the boxes by putting masking tape around them. He thereafter handed the boxes over to Bureau of Customs agents. The agents called out the names of the foreigners one by one and ordered them to sign their names on the masking tape placed on the boxes recovered from their respective bags. The contents of the boxes were thereafter subjected to tests which confirmed that the substance was shabu.

Can the shabu found inside the boxes be admitted in evidence against the five foreigners for the charge of illegal possession of drugs in violation of the Comprehensive Dangerous Drugs Act of 2002? (2.5%)

The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high school student. While on the way to the police station, one of the police officers who served the warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded and said, "Opo." Upon arriving at the police station, Ariston saw the City Mayor, whom he approached and asked if they could talk privately. The Mayor led Ariston to his office and, while there in conversation with the Mayor, Ariston broke down and admitted that he raped and killed the student. The Mayor thereafter opened the door of the room to let the public and media representatives witness Ariston's confession. In the presence of the Mayor, the police and the media, and in response to questions asked by some members of the media, Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

Which of these extrajudicial confessions, if any, would you consider as admissible in evidence against Ariston? (5%)

Two police teams monitored the payment of ransom in a kidnapping case.

The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked at the Angola Commercial Center in Mandaluyong City.

The first police team, stationed in an area near where the car was parked, witnessed the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and proceeded towards the direction of Amorsolo St. in Makati City where the second police team was waiting.

Upon confirmation by radio report from the first police team that the kidnappers were heading towards their direction, the second police team proceeded to conduct surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial Center in Makati City, and the police team finally blocked it when it slowed down. The members of the second police team approached the vehicle and proceeded to arrest the kidnappers.

Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo's Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the Senate, voting separately.

(a) Is Anna Maria's assumption as Vice President valid? (2.5%)

(b) Can Anastasia run as President in the next election? (2.5%)

Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADS) in its headquarters in Manila. Both were charged with criminal acts before the local trial courts.

Andreas was caught importing illegal drugs into the country as part of his "personal effects" and was thus charged with violation of Comprehensive Dangerous Drugs Act of 2002. Before the criminal proceedings could commence, the President had him deported as an undesirable alien. Aristotle was charged with grave oral defamation for uttering defamatory words against a colleague at work. In his defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from the Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine Government and the ADS, the bank's officers and staff are immune from legal processes with respect to acts performed by them in their official capacity.

(a) Can the President's act of deporting an undesirable alien be subject to judicial review? (2.5%)

(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%)

-NOTHING FOLLOWS-

• California Essays
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About the MEE

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Note that Effective with the July 2026 bar exam, the following areas will  no longer be tested  on the MEE: Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions.

• NCBE Info on the MEE Information on the essay portion of the UBE provided by the NCBE.
• MEE Released Questions The NCBE releases MEEs from past administrations of the exam. The questions are at the bottom of the webpage.

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Government & Public Sector Lawyers Section

The Government & Public Sector Lawyers Section of the Idaho State Bar promotes the education, training, and networking of government and public sector lawyers. The section meets at 12:00 p.m. noon (MT) on the first Thursday of the month at The Law Center, 525 W. Jefferson Street in Boise. Meetings may be hybrid or via Zoom only.  Please check email notices for confirmation of location.

Please note the new Zoom link for this meeting: https://us06web.zoom.us/j/88092766703?pwd=QjlUa0xlSkRqWU9VeHJtRi9ZSXdoQT09

Upcoming Meetings & Material

Next Meeting : Agenda | Materials

To receive CLE credit for the Section Meeting’s CLE, click here .

• Government & Public Sector Lawyers Section Meeting on May 2, 2024 12:00 pm
• Government & Public Sector Lawyers Section Meeting on June 6, 2024 12:00 pm
• Government & Public Sector Lawyers Section Meeting on July 4, 2024 12:00 pm
• Government & Public Sector Lawyers Section Meeting on August 1, 2024 12:00 pm
• Government & Public Sector Lawyers Section Meeting on September 5, 2024 12:00 pm

Upcoming Events & Section Sponsored CLEs

None at this time.

• Past Meetings
• Meeting Minutes
• Section Sponsored Issues of The Advocate
• Section Sponsored CLE Courses On-Demand
• 2024 Local Government Procurement Manual
• April 4, 2024 – Agenda | Materials
• February 1, 2024 – Agenda | Materials
• January 4, 2024 – Agenda | Materials
• December 7, 2023 – Agenda | Materials
• October 5, 2023 – Agenda | Material
• August 3, 2023 – Agenda
• June 1, 2023 – Agenda
• May 4, 2023 – Agenda | Material | Material
• April 6, 2023 – Agenda | Material
• March 2, 2023 – Agenda | Material
• February 2, 2023 – Agenda | Material
• January 5, 2023 – Agenda | Material
• December 1, 2022 – Agenda
• October 6, 2022 – Agenda | Material
• September 1, 2022 – Agenda | Material
• August 4, 2022 – Agenda | Material
• June 2, 2022 – Agenda
• May 5, 2022 – Material
• April 7, 2022 – Agenda | Material
• March 3, 2022 – Agenda
• February 3, 2022 – Agenda | Material
• January 6, 2022 – Agenda | Material
• December 2, 2021 – Agenda
• October 7, 2021 – Agenda | Material
• September 2, 2021 – Agenda | Material
• August 5, 2021 – Agenda
• June 3, 2021 – Agenda | Material
• April 1, 2021 – Agenda | Material
• March 4, 2021 – Agenda | Material
• February 4, 2021 – Agenda
• January 7, 2021 – Agenda | Material
• December 3, 2020 – Agenda
• October 1, 2020 – Agenda | Material
• September 3, 2020 – Agenda | Material
• August 6, 2020 – Agenda | Material
• June 4, 2020 – Agenda | Material
• May 7, 2020 – Agenda | Materials
• March 5, 2020 – Agenda | Materials
• February 6, 2020 – Agenda | Materials
• January 2, 2020 – Agenda | Materials
• December 5, 2019 – Agenda
• October 3. 2019 – Agenda | Materials
• September 5, 2019 – Agenda | Materials
• August 1, 2019 – Agenda | Materials
• May 2, 2019 –  Agenda
• April 4, 2019 –  Agenda
• March 7, 2019 –  Agenda  |  Materials
• February 7, 2019 –  Agenda  |  Materials
• June 7, 2018 –  Agenda
• May 3, 2018 –  Agenda
• April 5, 2018 –  Agenda
• March 1, 2018 –  Agenda
• February 1, 2018 –  Agenda  |  Materials
• January 4, 2018 –  Agenda  |  Materials
• December 7, 2017 –  Agenda
• November 2, 2017 –  Agenda  |  Materials  |  Materials
• October 5, 2017 –  Agenda
• September 7, 2017 –  Agenda  |  Materials
• August 3, 2017 –  Agenda  |  Materials
• July 6, 2017  –  Canceled
• June 1, 2017 –  Agenda
• May 4, 2017 –  Agenda
• April 6, 2017 –  Agenda  | Materials
• March 2, 2017 –  Agenda  |  Materials
• February 2, 2017 –  Agenda  |  Materials
• January 5, 2017 –  Agenda
• September 7, 2023
• June 1, 2023
• May 4, 2023
• April 6, 2023
• March 2, 2023
• January 5, 2023
• December 1, 2022
• October 6, 2022
• September 1, 2022
• August 4, 2022
• May 5, 2022
• March 3, 2022
• February 3, 2022
• December 2, 2021
• September 2, 2021
• August 24, 2021 (Governing Council)
• August 5, 2021
• June 3, 2021
• April 1, 2021
• March 4, 2021
• February 4, 2021
• January 7, 2021
• December 3, 2020
• October 1, 2020
• September 3, 2020
• August 6, 2020
• June 4, 2020
• May 7, 2020
• March 5, 2020
• February 6, 2020
• January 2, 2020
• December 5, 2019
• October 3, 2019
• September 5, 2019
• August 1, 2019
• June 6, 2019
• May 2, 2019
• April 4, 2019
• March 7, 2019
• February 7, 2019
• January 3, 2019
• June 7, 2018
• May 3, 2018
• April 5, 2018
• March 1, 2018
• February 1, 2018
• December 7, 2017
• November 2, 2017
• October 5, 2017
• September 7, 2017
• August 3, 2017
• June 1, 2017
• May 4, 2017
• April 6, 2017
• March 2, 2017
• February 2, 2017
• January 5, 2017
• October 2018
• March/April 2017 –  Co-Sponsored with Idaho Women Lawyers
• February 2015
• February 2013 –  Co-Sponsored with the Idaho Legal History Society
• June/July 2010
• October 2008
• November 2005
• August 2003
• December 2000

The following courses were sponsored by the Government and Public Sector Law Section. They are available to watch on-demand (self-study) with 24/7 availability so you can easily view programs whenever and wherever it is convenient. Click on the course title to see the description of the course and the cost.

• Advising and Governing in the Idaho Way – Thursday, November 3, 2022 – 3.0 CLE Credits, including 1.0 ethics credit – NAC approved
• Legislative Redistricting in Idaho – Thursday, November 4, 2021 – 3.0 CLE Credits – NAC Approved
• Constitution Day: Democracy in the Age of Social Media: Civic Discourse, Ethics, and the First Amendment – Friday, September 17, 2021 – 1.5 CLE credits of which 0.5 is Ethics
• Idaho Election Law: Everything You’ve Always Wanted to Know and Some Things You Didn’t – Total MCLE Credits 2.75 including NAC 2.75
• Citizenship, Public Discourse, and the Public Sector Attorney -Total MCLE Credits 3.25 including Ethics:1.50
• Criminal Justice Reform: Finding the Idaho Approach – Total MCLE Credits 2.50 including NAC 2.50
• The Division of Government Responsibilities in the COVID-19 Era – Total MCLE Credits 3.0 including 3.0 NAC

INTRODUCTION

The Government and Public Sector Lawyers Section of the Bar is pleased to present the Local Procurement Laws Manual. Efficient and cost-effective procurement of goods, services, and public works construction is an important aspect of local government operations. It is imperative to ensure the fair and equitable treatment of all persons who deal with the procurement system, and to foster effective broad-based competition.

ACKNOWLEDGEMENTS

Special thanks go to the 2022–2023 section leadership for sponsoring this issue, and to the section members and volunteer attorneys who participated in creating this Manual. The contributing authors are listed below.

Mia Bautista, City Attorney, Moscow City Attorney’s Office

Ali Breshears, Section Chair, Deputy Attorney General, Attorney General’s State General Counsel Division

Kristina Fugate, Legal Counsel, Governor’s Office of Energy and Mineral Resources

Rachel Kolts, Section Vice Chair, Deputy City Attorney, Boise City Attorney’s Office

Kurt Starman, Section At-Large Councilmember, Deputy City Attorney, Meridian City Attorney’s Office

Julie Weaver, Lead Deputy Attorney General, Attorney General’s State General Counsel Division

Logan Weis, Deputy City Attorney, Boise City Attorney’s Office

Warren Wilson, City Attorney, Post Falls City Attorney’s Office

To download the 2024 Local Government Procurement Manual, please click here .

Section Membership

If you are interested in joining the Government and Public Sector Lawyers Section, please register using the Section Registration Form .

Membership dues are as follows:

Standard Membership Dues – $25 Law Student Dues – $5

To view the section’s by-laws, select:  Government & Public Sector Lawyers Section By-Laws .

Section Officers

Nichole S. Solberg

Sarah E. Davis

Stephanie C. Nemore

Ryan S. Hunter

Texie C. Montoya

Alexandra (Ali) Breshears

The Government and Public Sector Lawyers Section of the Idaho State Bar presents information on this website as a service to our members and others who provide legal services to or are interested in the field of government and administrative law.  Our goal is to provide sources of information that might be of value to bar members and the general public.

While this website endeavors to be accurate and timely, nothing contained herein should be taken as legal advice.  We make no warranty or guarantee concerning the accuracy or reliability of the content at this site or of other sites which may be linked to this site.