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An attorney is approached by two clients with directly adverse interests in the same litigation. Under the New York Rules of Professional Conduct, what must the attorney generally do?

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Key Facts: NY Bar Exam

266/400

UBE Passing Score

New York State Board of Law Examiners

50% / 30% / 20%

MBE / MEE / MPT Weighting

NCBE Uniform Bar Examination

200 MC + 6 essays + 2 MPTs

UBE Components

New York State Board of Law Examiners

50 questions (pass 30)

New York Law Exam (NYLE)

New York State Board of Law Examiners

July 2028

NextGen Bar Exam Adoption

NCBE (legacy UBE through Feb 2028)

100+

Practice Questions Here

OpenExamPrep question bank

New York's bar exam is the Uniform Bar Examination (UBE), adopted July 2016, requiring a scaled score of 266/400. It comprises the MBE (200 multiple-choice questions, 50% of score), the MEE (6 essays, 30%), and the MPT (2 performance tasks, 20%), administered over two days. UBE scores are portable to other UBE jurisdictions. Separately, New York requires the New York Law Course (NYLC) and a passing score on the New York Law Exam (NYLE) — a 50-question open-book online test (pass = 30/50) on 12 New York-specific subjects including CPLR civil practice, Domestic Relations Law, and EPTL/SCPA estates — plus an MPRE score of 85+. New York transitions to the NextGen bar exam in July 2028.

Sample NY Bar Practice Questions

Try these sample questions to test your NY Bar exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1A plaintiff wishes to commence a personal injury negligence action in New York Supreme Court. Under New York's Civil Practice Law and Rules (CPLR), how is the action formally commenced?
A.By serving the summons and complaint on the defendant
B.By filing the summons and complaint (or summons with notice) with the clerk of the court
C.By mailing a demand letter to the defendant
D.By the court issuing the summons after a pre-filing conference
Explanation: New York is a 'commencement-by-filing' jurisdiction. Under CPLR 304, an action is commenced by filing the summons and complaint (or a summons with notice) with the clerk of the court, which stops the statute of limitations. This differs from the older 'commencement-by-service' rule and from federal practice nuances. Service on the defendant must then follow within 120 days under CPLR 306-b.
2Under New York's CPLR, what is the statute of limitations for a negligence cause of action seeking damages for personal injury?
A.One year
B.Three years
C.Two years
D.Six years
Explanation: CPLR 214(5) imposes a three-year statute of limitations for actions to recover damages for personal injury based on negligence. This is a frequently tested New York distinction; many states use a two-year period. Contract actions, by contrast, carry a six-year limitations period under CPLR 213(2).
3An out-of-state defendant has never been physically present in New York but negotiated and entered into a supply contract by telephone and email with a New York company, shipping goods into New York. The New York buyer sues for breach. Which provision most likely supplies a basis for personal jurisdiction?
A.CPLR 302(a)(1), long-arm jurisdiction over a non-domiciliary who transacts business within the state
B.CPLR 301, on the theory of general 'doing business' jurisdiction
C.CPLR 308, governing the manner of personal service
D.CPLR 503, the general venue statute
Explanation: CPLR 302(a)(1) confers long-arm jurisdiction over a non-domiciliary who 'transacts any business' within New York when the cause of action arises from that transaction. A single purposeful business transaction projected into New York can suffice even without physical presence, consistent with International Shoe due process limits. CPLR 301 general jurisdiction would require continuous and systematic 'doing business,' which a single contract does not establish.
4After filing the summons and complaint in a New York Supreme Court action, within what period must the plaintiff serve the defendant under CPLR 306-b?
A.30 days after filing
B.60 days after filing
C.120 days after filing
D.Service must precede filing
Explanation: CPLR 306-b requires that service be made upon the defendant within 120 days after the action is commenced by filing. If service is not timely made, the court must dismiss the action without prejudice as to that defendant, or, upon good cause shown or in the interest of justice, extend the time for service. This 120-day rule mirrors the federal 90-day period under FRCP 4(m) but is longer.
5A defendant in a New York action wishes to move to dismiss the complaint for failure to state a cause of action. Which CPLR provision governs this motion?
A.CPLR 3212
B.CPLR 3211(a)(7)
C.CPLR 3025
D.CPLR 5015
Explanation: CPLR 3211(a)(7) authorizes a motion to dismiss for failure to state a cause of action. On such a motion, the court accepts the pleaded facts as true and gives the plaintiff every favorable inference, asking only whether the facts fit a cognizable legal theory. CPLR 3212 governs summary judgment, a separate device addressing whether triable issues of fact exist.
6Under New York practice, what is the standard a movant must meet to obtain summary judgment under CPLR 3212?
A.The movant must show some evidence supporting its position
B.The movant must prove its case beyond a reasonable doubt
C.The movant must make a prima facie showing of entitlement to judgment as a matter of law, tendering evidence eliminating any material issues of fact
D.Summary judgment is available only by stipulation of both parties
Explanation: Under CPLR 3212(b) and Alvarez v. Prospect Hospital, the movant must make a prima facie showing of entitlement to judgment as a matter of law by tendering admissible evidence that eliminates any material issues of fact. Only if the movant meets that initial burden does the burden shift to the opponent to raise a triable issue. Failure to make the prima facie showing requires denial regardless of the opposing papers.
7In a federal diversity action filed in the Southern District of New York, the court must decide which body of law governs the substantive negligence claim. Under the Erie doctrine, what law applies?
A.Federal common law of torts
B.Whichever law produces the more equitable result
C.A uniform national tort standard developed by the federal courts
D.The substantive law of the state, here New York, including its choice-of-law rules
Explanation: Under Erie Railroad Co. v. Tompkins, a federal court sitting in diversity applies the substantive law of the forum state, and under Klaxon Co. v. Stentor it applies the forum state's choice-of-law rules. There is no general federal common law of torts. Federal procedural rules still govern procedure under the Rules Enabling Act and Hanna v. Plumer.
8A plaintiff sues two defendants in federal court. The claim against Defendant A arises under federal law; the claim against Defendant B arises under state law but from the same case or controversy. There is no diversity. What is the basis for the court hearing the state-law claim against B?
A.Diversity jurisdiction under 28 U.S.C. 1332
B.Supplemental jurisdiction under 28 U.S.C. 1367
C.Removal jurisdiction under 28 U.S.C. 1441
D.There is no basis; the state claim must be dismissed
Explanation: Under 28 U.S.C. 1367, a federal court with original jurisdiction over a federal claim may exercise supplemental jurisdiction over related state-law claims that form part of the same case or controversy under Article III, as articulated in United Mine Workers v. Gibbs. The claims need only share a common nucleus of operative fact. Diversity is unnecessary when supplemental jurisdiction applies.
9A non-resident defendant is sued in a state court. The defendant's only contact with the forum is a single tortious act committed there. Which case establishes the constitutional 'minimum contacts' framework for assessing personal jurisdiction?
A.Pennoyer v. Neff
B.Erie Railroad Co. v. Tompkins
C.International Shoe Co. v. Washington
D.World-Wide Volkswagen Corp. v. Woodson, overruling International Shoe
Explanation: International Shoe Co. v. Washington established that due process permits personal jurisdiction over a non-resident defendant who has 'minimum contacts' with the forum such that maintenance of the suit does not offend traditional notions of fair play and substantial justice. World-Wide Volkswagen refined the doctrine by emphasizing purposeful availment and foreseeability, but it did not overrule International Shoe.
10Under the CPLR, a defendant who is personally served within New York State generally must serve an answer within how many days after service of the complaint?
A.20 days
B.10 days
C.30 days
D.45 days
Explanation: Under CPLR 320(a), a defendant personally served within the state must appear and answer within 20 days after service of the summons and complaint. If service is made by another method (such as the 'deliver and mail' provisions or service outside the state), the period is extended to 30 days. This 20/30-day distinction is a commonly tested New York timing rule.

About the NY Bar Exam

The New York Bar Examination is the Uniform Bar Examination (UBE), which New York adopted in July 2016. It consists of the Multistate Bar Exam (200 MC questions, 50%), the Multistate Essay Exam (6 essays, 30%), and the Multistate Performance Test (2 tasks, 20%), with a passing UBE score of 266 on a 400-point scale. Beyond the UBE, New York separately requires completion of the free online New York Law Course (NYLC) and a passing score on the 50-question New York Law Exam (NYLE) covering New York-specific distinctions, plus the MPRE. New York will administer the NextGen bar exam beginning July 2028; the legacy UBE continues through February 2028.

Questions

200 scored questions

Time Limit

2 days (Day 1: 6 MEE essays + 2 MPTs; Day 2: 200 MBE)

Passing Score

266/400 (UBE scaled)

Exam Fee

$250 ($750 foreign-educated) + $100 laptop (New York State Board of Law Examiners)

NY Bar Exam Content Outline

50%

Multistate Bar Exam (MBE)

200 multiple-choice questions over two 3-hour sessions covering Civil Procedure, Constitutional Law, Contracts (with UCC Article 2), Criminal Law & Procedure, Evidence, Real Property, and Torts. The MBE is 50% of the UBE score.

30%

Multistate Essay Exam (MEE)

6 essay questions testing the 7 MBE subjects plus Business Associations, Conflict of Laws, Family Law, Trusts & Estates, and Secured Transactions (UCC Article 9). The MEE is 30% of the UBE score.

20%

Multistate Performance Test (MPT)

2 closed-universe, 90-minute lawyering tasks (e.g., drafting a memo, brief, or contract) using a provided file and library to test practical skills rather than memorized law. The MPT is 20% of the UBE score.

NYLE

NY Civil Practice (CPLR) & Administrative Law

New York Civil Practice Law and Rules: commencement by filing (CPLR 304), 120-day service (CPLR 306-b), long-arm jurisdiction (CPLR 302), borrowing statute (CPLR 202), pure comparative negligence (CPLR 1411), and Article 78 review of agency action.

NYLE

NY Matrimonial, Family & Decedents' Estates

Domestic Relations Law (no-fault divorce DRL 170(7), equitable distribution, Child Support Standards Act, Family Court jurisdiction) and EPTL/SCPA (intestate succession 4-1.1, elective share 5-1.1-A, will execution 3-2.1, Surrogate's Court).

NYLE

NY Criminal Procedure & Evidence Distinctions

CPL 30.30 statutory speedy trial, CPL 245 automatic discovery reform, grand jury indictment requirement, Penal Law offenses, and New York evidence rules: Molineux, Sandoval, the Frye standard, and the rape shield law (CPL 60.42).

NYLE

NY Real Property, Torts & Professional Responsibility

Warranty of habitability (RPL 235-b), judicial foreclosure, 10-year adverse possession, Labor Law 240 'scaffold law,' wrongful death (EPTL 5-4.1), and the New York Rules of Professional Conduct (conflicts, client trust/IOLA accounts).

How to Pass the NY Bar Exam

What You Need to Know

  • Passing score: 266/400 (UBE scaled)
  • Exam length: 200 questions
  • Time limit: 2 days (Day 1: 6 MEE essays + 2 MPTs; Day 2: 200 MBE)
  • Exam fee: $250 ($750 foreign-educated) + $100 laptop

Keys to Passing

  • Complete 500+ practice questions
  • Score 80%+ consistently before scheduling
  • Focus on highest-weighted sections
  • Use our AI tutor for tough concepts

NY Bar Study Tips from Top Performers

1Lock in the New York timing rules: CPLR 304 commencement by filing, CPLR 306-b 120-day service, CPLR 320 20/30-day answer deadlines, and CPL 30.30 six-month felony speedy-trial readiness — these timing distinctions are tested repeatedly on the NYLE
2Memorize the EPTL intestacy and elective-share fractions: a spouse with issue takes $50,000 plus half the residue (EPTL 4-1.1), and a disinherited spouse elects the greater of $50,000 or one-third of the net estate (EPTL 5-1.1-A)
3Know that New York is a PURE comparative negligence state (CPLR 1411) — a plaintiff recovers reduced damages even if more than 50% at fault, unlike the modified 50%/51%-bar rule in many other states
4For New York evidence, distinguish Molineux (substantive use of a defendant's uncharged crimes for MIMIC purposes) from Sandoval (scope of impeaching a testifying defendant), and remember New York still uses the Frye 'general acceptance' standard, not Daubert
5Treat the UBE and the New York distinctions as two study tracks: master the 7 MBE subjects plus the MEE-only subjects (Business Associations, Conflict of Laws, Family Law, Trusts & Estates, Secured Transactions) for the UBE, then layer the NYLC/NYLE New York rules on top
6On the MBE, pace at roughly 1.8 minutes per question and remember that 25 of the 200 questions are unscored pretest items — keep moving and do not let an odd question break your rhythm

Frequently Asked Questions

What score do I need to pass the New York Bar Exam?

New York requires a Uniform Bar Examination (UBE) scaled score of 266 out of 400 to pass. The score is a combination of the MBE (50%), MEE (30%), and MPT (20%). A passing UBE score is portable and may be transferred to other UBE jurisdictions, subject to each jurisdiction's own passing score and transfer rules.

How is the New York Bar Exam structured?

New York administers the UBE over two days. Day 1 consists of 6 Multistate Essay Exam (MEE) questions in the morning and 2 Multistate Performance Test (MPT) tasks in the afternoon. Day 2 is the Multistate Bar Exam (MBE): 200 multiple-choice questions in two 3-hour sessions of 100 questions each. New York adopted the UBE in July 2016.

What are the NYLC and NYLE, and are they part of the bar exam?

The New York Law Course (NYLC) is a free, online, on-demand course covering 12 New York-specific subjects, and the New York Law Exam (NYLE) is a separate 50-question, open-book, online test on New York distinctions (passing score 30/50). They are not part of the UBE itself but are additional New York admission requirements. You must complete the NYLC and pass the NYLE before being admitted, in addition to passing the UBE and the MPRE.

What New York-specific law is tested on the NYLE?

The NYLC and NYLE cover 12 subjects: Administrative Law, Business Relationships, Civil Practice and Procedure (CPLR), Conflict of Laws, Contracts, Criminal Law and Procedure, Evidence, Matrimonial and Family Law, Professional Responsibility, Real Property, Torts and Tort Damages, and Trusts, Wills and Estates (EPTL/SCPA). Heavily tested distinctions include CPLR civil practice, no-fault divorce, the spousal elective share, and New York evidence rules like Molineux and Sandoval.

What is the fee for the New York Bar Exam?

The application fee is $250 for most applicants and $750 for foreign-educated applicants, plus a $100 laptop fee if you type your answers. The NYLC and NYLE are administered at no additional charge. Commercial bar review courses are a separate expense, typically $2,000-$4,000.

Is New York switching to the NextGen bar exam?

Yes. The New York Court of Appeals announced that New York will administer the NextGen bar exam beginning in July 2028. The legacy UBE will continue to be administered through February 2028, and New York will keep accepting UBE transfer scores under its existing policies. For exams in 2026 and 2027, candidates take the current UBE format.