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Exam Review

Key Facts: NextGen Bar Exam

July 28-29, 2026

First Administration

NCBE

10

Pilot Jurisdictions

NCBE

9 hours

Exam Duration

Over 1.5 days, 3 sessions

8 subjects

Tested Areas

+ 7 foundational skills

~50

Adopting Jurisdictions

July 2026-July 2028

$159,670

Median Lawyer Salary

BLS May 2025

The NextGen UBE was first given July 28-29, 2026 in 10 jurisdictions: CT, GU, ID, MD, MO, MP, OR, PW, VI, and WA. About 50 jurisdictions have adopted it for first administrations between July 2026 and July 2028, and the legacy UBE ends after February 2028. The exam runs 9 hours over 1.5 days in 3 sections, each with 40 multiple-choice questions, 1 performance task, and 2 integrated question sets. It tests 8 subjects (Civil Procedure, Contracts, Evidence, Torts, Criminal Law & Constitutional Protections, Constitutional Law, Real Property, Business Associations) with 7 foundational lawyering skills. The median annual wage for lawyers was $159,670 in May 2025 (BLS).

Sample NextGen Bar Practice Questions

Try these sample questions to review concepts for the NextGen Bar exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 128+ question experience with AI tutoring.

1A plaintiff files a federal civil complaint in the District of Oregon. The defendant lives in Idaho and the events occurred in Washington. Defendant timely moves to dismiss for improper venue. The court should:
A.Deny the motion because venue is proper wherever the plaintiff resides
B.Grant the motion because federal venue requires a connection to the defendant's residence or where events occurred
C.Transfer the case sua sponte to the District of Columbia
D.Deny the motion because all federal districts have nationwide venue
Explanation: Under 28 U.S.C. § 1391(b), venue is proper in (1) a district where any defendant resides if all defendants reside in the same state, (2) a district where a substantial part of the events occurred, or (3) a fallback district when no other venue is available. Oregon satisfies none of these. The court should grant the motion to dismiss or transfer under § 1406. Issue-spotting venue rules is a core NextGen Civil Procedure skill.
2A diversity action between a New York plaintiff and a California defendant seeks $80,000 in damages. Plaintiff later amends to add a related state-law claim for $10,000 against a co-defendant from New York. Does the federal court have subject-matter jurisdiction over the added claim?
A.Yes, because supplemental jurisdiction extends to all related claims
B.No, because adding a non-diverse defendant destroys complete diversity
C.Yes, because the amount in controversy exceeds $75,000 in aggregate
D.No, because the amended claim must independently satisfy the amount in controversy
Explanation: Complete diversity (Strawbridge v. Curtiss) requires that no plaintiff share citizenship with any defendant. Adding a New York defendant destroys diversity, and 28 U.S.C. § 1367(b) restricts supplemental jurisdiction in diversity cases over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 when doing so would defeat diversity. The amendment defeats jurisdiction.
3A plaintiff serves a request for production seeking the defendant corporation's privileged internal investigation memo prepared by in-house counsel. The defendant objects on attorney-client privilege grounds. Plaintiff argues the memo also contains business advice. The court should:
A.Order production because in-house counsel communications are never privileged
B.Order production only of business-advice portions, protecting legal-advice portions
C.Deny production entirely because internal investigations are absolutely privileged
D.Order production only if plaintiff shows substantial need
Explanation: Attorney-client privilege protects communications made for the purpose of obtaining legal advice (Upjohn v. United States). Mixed business-and-legal communications are protected only to the extent the primary purpose was legal advice. Courts conduct in-camera review and order production of severable business-purpose portions. This tests both Civil Procedure discovery rules and the foundational skill of legal analysis.
4Under Federal Rule of Civil Procedure 12(b), which defense is waived if not raised in the first responsive pleading or pre-answer motion?
A.Failure to state a claim upon which relief can be granted
B.Lack of subject-matter jurisdiction
C.Lack of personal jurisdiction
D.Failure to join an indispensable party
Explanation: Personal jurisdiction, improper venue, insufficient process, and insufficient service of process are waivable defenses under Rule 12(h)(1) if not raised in the first Rule 12 motion or responsive pleading. Subject-matter jurisdiction can be raised at any time. Failure to state a claim and failure to join an indispensable party are preserved through trial.
5A federal court sitting in diversity must apply which body of law to determine whether a state statute of limitations applies?
A.Federal common law
B.The state's substantive law under Erie
C.The Federal Rules of Civil Procedure
D.International conflict-of-laws principles
Explanation: Under Erie R.R. v. Tompkins and Guaranty Trust v. York, statutes of limitations are substantive for Erie purposes because applying a different limitations period would produce different outcomes in state versus federal court. The federal court applies the forum state's limitations law. The NextGen exam removes Conflict of Laws as a stand-alone subject, but Erie analysis remains within Civil Procedure.
6A plaintiff moves for summary judgment, attaching deposition excerpts showing the defendant admitted negligence. Defendant responds with an affidavit denying negligence but offers no documentary support. Should the court grant summary judgment?
A.Yes, because the defendant's affidavit is a sham
B.No, because credibility determinations are for the jury
C.Yes, because the moving party met its burden and the response is conclusory
D.No, because summary judgment cannot be based on depositions
Explanation: Under Celotex Corp. v. Catrett, once the movant points to evidence showing no genuine dispute, the nonmovant must come forward with specific facts. A conclusory affidavit that contradicts the affiant's own sworn deposition without explanation does not create a genuine dispute. The court grants summary judgment. This question integrates fact analysis with Rule 56 procedure.
7A defendant served outside the forum state is subject to personal jurisdiction in a federal court if:
A.The plaintiff resides in the forum state
B.The defendant has minimum contacts and the long-arm statute authorizes service
C.The defendant has ever conducted any business in the United States
D.The federal court has subject-matter jurisdiction over the claim
Explanation: A federal court generally borrows the forum state's long-arm statute under Rule 4(k)(1)(A) and must satisfy due process minimum contacts (International Shoe v. Washington). Both statutory authorization and constitutional contacts are required. Plaintiff's residence is irrelevant to personal jurisdiction over the defendant.
8A petitioner seeks a divorce in State A, where she has lived for one year. Her spouse lives in State B and has never visited State A. State A's long-arm statute authorizes jurisdiction over absent spouses for divorce. Can State A grant the divorce and divide marital property?
A.Yes, State A can do both because of the long-arm statute
B.State A can grant the divorce but cannot divide property in State B
C.State A can do neither without the spouse's consent
D.State A must transfer the case to State B
Explanation: Under the divisible-divorce doctrine, a state with one spouse's domicile has jurisdiction to dissolve the marital status (ex parte divorce) but lacks personal jurisdiction over the absent spouse to adjudicate property division or support without minimum contacts. NextGen retains Family Law-removed Conflict of Laws scenarios within Civil Procedure jurisdictional doctrine.
9Under Federal Rule of Civil Procedure 11, an attorney who signs a frivolous pleading may be sanctioned only if:
A.The opposing party files an immediate motion
B.The attorney is given a 21-day safe-harbor period to withdraw the pleading
C.The court sanctions the client instead of the attorney
D.The pleading is verified under oath
Explanation: Rule 11(c)(2) requires a 21-day safe harbor: the moving party must serve the motion on the opposing attorney and wait 21 days before filing, giving the attorney time to withdraw or correct the pleading. The court may also sanction sua sponte under Rule 11(c)(3) without the safe harbor. Professional ethics integration is a NextGen foundational skill.
10A class action plaintiff seeks certification under Rule 23(b)(3). Which factor is NOT required for certification?
A.Numerosity
B.Commonality
C.Predominance of common questions
D.Punitive damages exceeding actual damages
Explanation: Rule 23(a) requires numerosity, commonality, typicality, and adequacy of representation. Rule 23(b)(3) additionally requires predominance and superiority. Punitive damages are unrelated to certification standards. Wal-Mart v. Dukes clarified that commonality requires a common question whose answer will resolve a central issue.

About the NextGen Bar Exam

The NextGen Bar Examination is the redesigned, skills-focused bar exam developed by the National Conference of Bar Examiners (NCBE) to replace the Uniform Bar Examination (UBE). Its first administration is July 28-29, 2026 in 10 pilot jurisdictions: Connecticut, Guam, Idaho, Maryland, Missouri, Northern Mariana Islands, Oregon, Palau, U.S. Virgin Islands, and Washington. Approximately 50 jurisdictions will adopt the NextGen format between July 2026 and July 2028. The exam consists of 3 sessions across 1.5 days (9 hours total), with each session containing 40 multiple-choice questions, 1 performance task, and 2 integrated question sets that test 8 substantive subjects integrated with 7 foundational lawyering skills.

Exam sponsor: NCBE / jurisdiction bar examiners. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Questions

120 questions

Time Limit

9 hours over 1.5 days

Passing Score

Jurisdiction-set scaled score

Exam / Certification Fees

Jurisdiction fee + $149 software fee

Exam sponsor website

Reported exam pass rate: TBD. first administration July 28-29, 2026; baseline rates not yet established 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.

Not published

Civil Procedure

Federal procedure: jurisdiction, venue, removal, Erie doctrine and state choice-of-law rules, pleadings, discovery, jury trial, motions, judgments, preclusion

Not published

Contract Law

UCC Article 2 (goods) and common law contracts: formation, performance, breach, remedies, third-party rights

Not published

Evidence

Federal Rules: relevance, hearsay, character, impeachment, experts, privileges, authentication

Not published

Torts

Intentional torts, negligence, strict liability, products liability, defamation, nuisance, remedies

Not published

Criminal Law & Constitutional Protections

Common-law and statutory crimes plus 4th, 5th, and 6th Amendment rights of the accused

Not published

Constitutional Law

Federalism, separation of powers, Commerce Clause, Equal Protection, Due Process, First Amendment, takings

Not published

Real Property

Estates, future interests, landlord-tenant, easements, covenants, mortgages, recording acts, adverse possession

Not published

Business Associations & Relationships

Agency, partnership, corporations, LLCs: formation, authority, fiduciary duties, governance

Preparing for the NextGen Bar Exam

What You Need to Know

  • Passing score: Jurisdiction-set scaled score
  • Exam length: 120 questions
  • Time limit: 9 hours over 1.5 days
  • Exam / certification fees: Jurisdiction fee + $149 software fee Official sources

Using Our Practice Resources

  • Work through all 128 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

NextGen Bar: Suggested Study Strategy

1Cover all 8 subjects evenly: the standalone multiple-choice questions (49% of the score) present them in approximately equal numbers
2Practice integrated question sets and performance tasks regularly — skills testing is a defining NextGen feature
3Know the Erie doctrine in Civil Procedure, including when state choice-of-law rules apply in federal court
4Use NCBE's free sample questions at ncbex.org/exams/nextgen and its official study aids (sold separately)
5Use our AI tutor to walk through scenario-based question sets and explain the foundational-skill integration

Frequently Asked Questions

When is the first NextGen Bar Examination?

The first NextGen UBE was given July 28-29, 2026 in ten jurisdictions: Connecticut, Guam, Idaho, Maryland, Missouri, Northern Mariana Islands, Oregon, Palau, U.S. Virgin Islands, and Washington. Washington held a make-up exam on September 1-2, 2026 for applicants whose July testing was cancelled. About 50 jurisdictions have adopted the NextGen format for first administrations between July 2026 and July 2028.

How is the NextGen Bar Exam different from the UBE?

The NextGen Bar Exam is 9 hours over 1.5 days, compared to the legacy UBE's 12 hours over 2 days. It replaces the separate MBE/MEE/MPT components with 3 sections, each with 40 multiple-choice questions, 1 performance task, and 2 integrated question sets. It tests 8 subjects; family law and trusts and estates appear only inside skills questions, with the needed legal resources provided. It also explicitly tests 7 foundational lawyering skills integrated with substantive law.

What subjects are tested on the NextGen Bar Exam?

NextGen tests 8 subjects: Civil Procedure, Contract Law, Evidence, Torts, Criminal Law & Constitutional Protections of Accused Persons, Constitutional Law, Real Property, and Business Associations & Relationships. Family law and trusts and estates appear only within skills-focused questions, with the legal resources provided; secured transactions and conflict of laws are not tested subjects.

What are the 7 NextGen foundational skills?

NextGen tests 7 foundational lawyering skills: legal research, legal writing and drafting, issue spotting and analysis, investigation and evaluation, client counseling and advising, negotiation and dispute resolution, and client relationship and management. Selected ABA Model Rules of Professional Conduct are tested within the counseling, negotiation, and client-relationship skills in integrated question sets, not in standalone multiple-choice questions.

Which jurisdictions are adopting the NextGen Bar Exam?

July 2026: Connecticut, Guam, Idaho, Maryland, Missouri, Northern Mariana Islands, Oregon, Palau, U.S. Virgin Islands, and Washington. July 2027: Arizona, Iowa, Kentucky, Minnesota, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Tennessee, Vermont, and Wyoming. February 2028: Delaware, District of Columbia, Illinois, and Montana. Most remaining jurisdictions, including California, Colorado, New York, Texas, and Utah, start in July 2028. The legacy UBE is administered through February 2028.

How is the NextGen Bar Exam scored?

Official NextGen UBE scores are reported on a 500-750 scale. Standalone multiple-choice questions make up 49% of the score, integrated question sets 21%, and performance tasks 30%. Each jurisdiction sets its own passing score; announced scores range from 610 to 620. Scores are portable to other jurisdictions that accept them.

How should I study for the NextGen Bar Exam?

Plan 400-600 hours of study over 10-16 weeks. Allocate roughly 60% of time to substantive black-letter law across the 8 subjects, 25% to performance tasks and integrated question sets (which test skills in context), and 15% to full timed practice exams. Use NCBE-released practice materials and cover all eight subjects evenly: the standalone multiple-choice questions present them in approximately equal numbers.