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Exam Review

Key Facts: DE Bar Exam

143/200

Minimum Passing Score

Delaware Board of Bar Examiners

200

MBE Questions (Day 2)

Delaware Board of Bar Examiners

4 essays + 2 MPTs

Written Components (Day 1)

Delaware Board of Bar Examiners (since 2023 reforms)

50% / 50%

Written / MBE Weight

Delaware Board of Bar Examiners

$700

Exam Fee

NCBE jurisdiction chart ($900 late filing)

100+

Practice Questions Here

OpenExamPrep question bank

The Delaware Bar Exam requires a combined scaled score of 143 on a 200-point scale, with the written portion and the MBE each weighted 50%. Day 1 (written): 4 Delaware essay questions drawn from ten subjects, including business entities, civil procedure in Delaware courts, criminal law and procedure, and equity, plus 2 MPTs. Day 2: the 200-question MBE in two 3-hour sessions. Delaware cut the essays from 8 to 4 and the passing score from 145 to 143 in 2023, and plans to give the NextGen bar exam from February 2028.

Sample DE Bar Practice Questions

Try these sample questions to review concepts for the DE Bar exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1Under the Delaware General Corporation Law (DGCL), which court has original and exclusive jurisdiction over most internal corporate governance disputes?
A.Delaware Superior Court
B.Delaware Court of Chancery
C.Delaware Family Court
D.United States District Court for the District of Delaware
Explanation: Under 10 Del. C. § 341, the Court of Chancery has original and exclusive jurisdiction over all matters and causes in equity, including internal corporate governance disputes under the DGCL. The Chancery Court is a court of equity without a jury, and is the nation's leading business court for corporate litigation.
2A Delaware corporation's certificate of incorporation contains a provision under DGCL § 102(b)(7) eliminating personal liability of directors for monetary damages. In which of the following situations would this exculpation provision NOT protect a director?
A.A breach of the duty of care resulting in an uninformed business decision
B.A breach of the duty of loyalty involving a self-dealing transaction
C.A good-faith decision that resulted in significant financial losses
D.A decision made without obtaining an independent fairness opinion
Explanation: DGCL § 102(b)(7) permits a corporation to eliminate director personal liability for monetary damages for breach of the duty of care, but it expressly excludes breaches of the duty of loyalty, acts not in good faith, intentional misconduct, knowing violations of law, and improper personal benefits. A self-dealing transaction implicates the duty of loyalty and is therefore not exculpable.
3Under Delaware law, which standard of judicial review applies when the board of directors of a target company adopts defensive measures in response to a hostile takeover bid?
A.The business judgment rule, which presumes directors acted in good faith
B.The entire fairness standard, requiring fair dealing and fair price
C.The Unocal enhanced scrutiny standard, requiring the board to show a reasonable threat and proportionate response
D.The Revlon standard, requiring directors to maximize immediate shareholder value
Explanation: Under Unocal Corp. v. Mesa Petroleum Co. (1985), when a board adopts defensive measures against a hostile takeover, the court applies enhanced scrutiny. The board must demonstrate that it had reasonable grounds to believe a danger to corporate policy existed and that the defensive measure was reasonable in relation to the threat posed. This is an intermediate standard between the deferential business judgment rule and the rigorous entire fairness test.
4A shareholder of a Delaware corporation seeks to inspect the corporation's books and records. Under DGCL § 220, what must the shareholder demonstrate to obtain a court order compelling inspection?
A.That the shareholder owns at least 5% of the outstanding shares
B.That the shareholder has a proper purpose reasonably related to the shareholder's interest as a stockholder
C.That the corporation has committed fraud or other wrongdoing
D.That the shareholder has held shares for at least one year prior to making the demand
Explanation: DGCL § 220(b) requires a stockholder demanding inspection to state the purpose of the demand and demonstrate that it is a proper purpose — one reasonably related to the person's interest as a stockholder. There is no minimum ownership threshold or holding period requirement. Common proper purposes include investigating suspected mismanagement or wrongdoing, valuing shares, and communicating with fellow stockholders.
5Under DGCL § 262, a stockholder who did not vote in favor of a merger may exercise appraisal rights. Which of the following correctly describes the appraisal remedy?
A.The stockholder can block the merger from going forward until a fair price is determined
B.The Court of Chancery determines the fair value of the shares, which may be higher or lower than the merger price
C.The stockholder automatically receives a premium of 10% above the merger price
D.Appraisal rights are available only if the stockholder holds more than 1% of the outstanding shares
Explanation: Under DGCL § 262, appraisal is a statutory remedy allowing dissenting stockholders to have the Court of Chancery determine the fair value of their shares. The court's determination may result in a price higher or lower than the merger consideration. The stockholder cannot block the merger — appraisal is a cash-out remedy. There is no minimum ownership threshold, though market-out exceptions apply to listed shares in certain merger types.
6A Delaware LLC operating agreement is silent on the allocation of profits among its three members. Under the Delaware Limited Liability Company Act (Title 6, Ch. 18), how are profits allocated?
A.Equally among all members regardless of capital contributions
B.In proportion to each member's agreed value of contributions as stated in the LLC records
C.Based on the percentage of voting power held by each member
D.According to the proportion of services rendered by each member
Explanation: Under 6 Del. C. § 18-504, profits and losses of a Delaware LLC are allocated on the basis of the agreed value of the contributions made by each member, as stated in the records of the LLC, unless otherwise provided in the LLC agreement. Delaware's LLC Act is a default-rule statute — the LLC agreement can override most default provisions, but when the agreement is silent, statutory defaults apply.
7Which of the following statements best reflects Delaware's approach to freedom of contract in LLC agreements under the LLC Act?
A.LLC agreements cannot modify or eliminate fiduciary duties owed by members or managers
B.LLC agreements can modify or eliminate fiduciary duties, including the duty of loyalty, provided the elimination is not made in bad faith
C.LLC agreements are limited to the terms expressly authorized by the LLC Act
D.Delaware requires all LLC agreements to include a mandatory arbitration clause
Explanation: Under 6 Del. C. § 18-1101(c), an LLC agreement may modify, restrict, or eliminate fiduciary duties, including the duty of loyalty and duty of care. However, § 18-1101(e) provides that the LLC agreement may not eliminate the implied contractual covenant of good faith and fair dealing. Delaware's LLC Act is the most freedom-of-contract-oriented LLC statute in the country, reflecting the policy that sophisticated parties should be free to structure their business relationships.
8Under DGCL § 141(a), the business and affairs of a Delaware corporation are managed under the direction of the board of directors. In which situation would a court apply the entire fairness standard rather than the business judgment rule?
A.When the board makes a decision without obtaining outside legal counsel
B.When the board approves a transaction in which a majority of directors have a material financial interest
C.When the board's decision results in significant losses for the corporation
D.When a minority shareholder disagrees with the board's strategic direction
Explanation: The entire fairness standard — the most rigorous standard of review in Delaware corporate law — applies when a majority of the board has a material financial interest in the transaction (self-dealing) or when the transaction involves a controlling shareholder. Under this standard, the defendants must prove both fair dealing (process) and fair price (substance). The business judgment rule's presumption of good faith is rebutted when directors are conflicted.
9A Delaware limited partnership has one general partner and three limited partners. The limited partnership agreement is silent on the matter. Under the Delaware Revised Uniform Limited Partnership Act (DRULPA, Title 6, Ch. 17), can a limited partner participate in management without losing limited liability?
A.No — any participation in management by a limited partner destroys limited liability protection
B.Yes — Delaware eliminated the control rule, so limited partners can participate in management without risking personal liability
C.Only if the limited partner's participation is approved by a majority vote of the other limited partners
D.Only if the limited partner is also an officer of the corporate general partner
Explanation: Under DRULPA § 17-303(a), a limited partner is not liable for the obligations of the limited partnership unless the limited partner is also a general partner or participates in the control of the business. However, Delaware effectively gutted the control rule through § 17-303(b), which provides a safe harbor listing numerous activities that do not constitute participation in control. In practice, Delaware limited partners can engage in extensive management activities without risking personal liability.
10Under DGCL § 251, a merger of two Delaware corporations requires approval by which of the following?
A.A majority vote of each corporation's board of directors only
B.A majority vote of the outstanding stock of each constituent corporation and board approval of each
C.Unanimous consent of all stockholders of both corporations
D.Approval by the Delaware Secretary of State prior to the stockholder vote
Explanation: DGCL § 251(b)-(c) requires that a merger agreement be approved by each corporation's board of directors and then submitted to the stockholders for approval. Stockholder approval requires the affirmative vote of a majority of the outstanding stock entitled to vote. The certificate of incorporation may require a higher vote threshold (supermajority). Short-form mergers under § 253 (parent owns 90%+) do not require a stockholder vote of the subsidiary.

About the DE Bar Exam

The Delaware Bar Examination is a two-day exam testing both Multistate Bar Examination (MBE) subjects and Delaware-specific law. Day 1 features 4 Delaware essays (reduced from 8 starting July 2026) and 2 Multistate Performance Tests (MPTs). Day 2 consists of 200 MBE multiple-choice questions. Delaware is a non-UBE state known for its preeminence in corporate and equity law, with the Court of Chancery serving as the nation's leading business court.

Exam sponsor: Board of Bar Examiners, Delaware Supreme Court. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Questions

200 questions

Time Limit

2 days (Day 1: 4 essays + 2 MPTs; Day 2: 200 MBE)

Passing Score

143/200 (Written 50%, MBE 50%)

Exam / Certification Fees

$700 ($900 late filing)

Exam sponsor website

Reported exam pass rate: ~65–75%. for first-time takers from ABA-accredited schools This describes exam candidates, not OpenExamPrep users or results from using our resources. Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

50%

Multistate Bar Examination (MBE)

200 multiple-choice questions (175 scored, 25 unscored pretest) in two 3-hour sessions: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Torts

Part of written 50%

Delaware Essays (4 questions)

Ten possible subjects: business entities (Delaware corporations, LLCs, limited partnerships), civil procedure (Delaware Supreme Court, Chancery, Superior Court, Family Court, U.S. District Court for Delaware), constitutional law, contracts, criminal law and procedure (including the Delaware Criminal Code), equity, evidence, property, torts, wills and trusts

Part of written 50%

Multistate Performance Test (2 tasks)

Two lawyering tasks (memo, brief, letter) using a closed case file and library

Preparing for the DE Bar Exam

What You Need to Know

  • Passing score: 143/200 (Written 50%, MBE 50%)
  • Exam length: 200 questions
  • Time limit: 2 days (Day 1: 4 essays + 2 MPTs; Day 2: 200 MBE)
  • Exam / certification fees: $700 ($900 late filing) Official sources

Using Our Practice Resources

  • Work through all 200 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

DE Bar: Suggested Study Strategy

1Master the DGCL (Title 8): focus on § 102(b)(7) exculpation, § 141 board authority, § 220 books-and-records inspection, § 251 mergers, and § 262 appraisal rights — these sections appear repeatedly in Delaware essays
2For equity questions, always analyze whether the plaintiff has clean hands, whether laches applies, and whether the remedy sought (injunction, specific performance, rescission) is appropriate — the Court of Chancery applies these equitable defenses strictly
3Learn the LLC Act (Title 6, Ch. 18) default rules vs. provisions that can be modified by the LLC agreement — Delaware strongly favors freedom of contract in LLCs, and essay questions test when contractual provisions override default statutory rules
4For civil procedure, distinguish Court of Chancery practice (no jury, equitable claims, corporate disputes) from Superior Court practice (law cases, jury trials) and Family Court jurisdiction (custody, divorce, juvenile matters)
5Delaware uses modified comparative negligence with a 51% bar — if the plaintiff is 51% or more at fault, recovery is completely barred; below 51%, damages are reduced proportionally
6On the MBE, remember that 25 of the 200 questions are unscored pretests — don't panic if some questions seem unusual. Focus on steady pacing: about 1.8 minutes per question

Frequently Asked Questions

What is the passing score for the Delaware Bar Exam?

The Delaware Bar Exam requires a combined scaled score of 143 out of 200 (reduced from 145 in 2023). The written portion (4 essays + 2 MPTs) and the MBE each count for 50% of the total score. Delaware does not use the Uniform Bar Examination (UBE) and does not accept transferred MBE scores.

How is the Delaware Bar Exam structured?

The Delaware Bar Exam is administered over two days. Day 1 consists of 4 Delaware-specific essay questions (reduced from 8 under the 2023 reforms) and 2 Multistate Performance Tests (MPTs). Day 2 consists of the MBE: 200 multiple-choice questions in two 3-hour sessions (100 questions each). The essays focus on Delaware-specific law including the DGCL, Court of Chancery practice, and equity.

What makes the Delaware Bar Exam unique?

Delaware's bar exam is distinctive because of its heavy emphasis on corporate and business law. The Delaware General Corporation Law (DGCL, Title 8) governs more than 60% of Fortune 500 companies. The Court of Chancery, a separate equity court with no jury trials, is the nation's premier business court. Essay questions frequently test DGCL provisions, LLC Act issues, fiduciary duties of directors and officers, and equitable remedies.

What subjects are tested on the Delaware Bar Exam essays?

Delaware essay questions cover 10 areas: Business Organizations (corporations, LLCs, limited partnerships), Civil Procedure (including Court of Chancery and Family Court practice), Criminal Law & Procedure (Delaware Criminal Code), Equity, plus MBE subjects with Delaware-specific distinctions including Contracts, Constitutional Law, Evidence, Real Property, Torts, and Wills & Trusts.

What is the Court of Chancery and why does it matter for the bar exam?

The Delaware Court of Chancery is a separate court of equity — one of the few remaining in the United States. It has no jury; the Chancellor or Vice Chancellors decide all cases. It has exclusive jurisdiction over equity matters and concurrent jurisdiction over most corporate disputes under the DGCL. Chancery is heavily tested because it handles corporate governance disputes, injunctions, specific performance, fiduciary duty claims, and other equitable remedies.

How should I prepare for the Delaware Bar Exam?

Dedicate 8-10 weeks of full-time study (350-500 hours). Prioritize Delaware corporate law — study the DGCL (Title 8) thoroughly, especially shareholder rights (§ 220 inspection, § 262 appraisal), fiduciary duties (Revlon, Unocal, entire fairness), and LLC default/non-default rules (Title 6, Ch. 18). For equity, master injunction standards, specific performance, and clean hands. Practice essay writing using IRAC format and complete at least 1,500+ MBE questions.