The MBE consists of 200 multiple-choice questions: 175 scored questions and 25 unscored pretest questions. The pretest questions are indistinguishable from those that are scored, so examinees should answer all questions. The exam is divided into morning and afternoon testing sessions of three hours each, with 100 questions in each session. There are no scheduled breaks during either the morning or afternoon session.
The 175 scored questions on the MBE are distributed evenly, with 25 questions from each of the seven subject areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.
Each of the questions on the MBE is followed by four possible answers. Examinees should choose the best answer from the four stated alternatives. Each question on the MBE is designed to be answered according to generally accepted fundamental legal principles, unless noted otherwise in the question. Examinees should mark only one answer for each question; multiple answers will be scored as incorrect. Scores are based on the number of questions answered correctly. Points are not subtracted for incorrect answers.
Examinees have three hours in each session to answer all questions. All answers must be marked on the answer sheet within the three-hour time limit. Once time is called, examinees must put down their pencils; no more marks or erasures are allowed. Examinees will receive credit only for those answers marked on the answer sheet. No additional time will be allowed to transfer answers from a test booklet to an answer sheet, and only answer sheets will be scored.