ARKANSAS BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the Arkansas Bar Exam Distinctions long outline.
1. EXAM FORMAT
UBE jurisdiction · MBE 50% / MEE 30% / MPT 20% · minimum passing score 270 on the 400-point scale · transferred UBE scores accepted · no separate Arkansas-law essay component · essays test national/transferable doctrine, not the Arkansas Code by section.
2. TORTS — THE SIGNATURE DISTINCTION
MODIFIED comparative negligence — 50% BAR form: a plaintiff recovers only if her fault is less than the defendant's; if her fault equals or exceeds the defendant's she recovers NOTHING (50%-at-fault plaintiff = $0; 49%-at-fault plaintiff recovers 51%) · contrast the 51% bar used in many states · several liability is generally the rule (joint & several largely abolished by the Civil Justice Reform Act, limited exceptions) · attempted statutory caps on noneconomic and punitive damages were STRUCK DOWN by the Arkansas Supreme Court as unconstitutional, so caps are largely unenforceable · dram-shop cause of action for serving a clearly intoxicated person or a minor.
3. CIVIL PROCEDURE
Personal-injury/tort SOL 3 years (longer than the 2-year period common elsewhere) · written contracts 5 years · oral contracts 3 years · state courts require FACT pleading (a concise statement of facts showing entitlement to relief — more demanding than federal notice pleading) · law and equity (chancery) merged into unified circuit courts · Rules otherwise resemble the FRCP.
4. EVIDENCE
Arkansas Rules of Evidence are FRE-modeled with parallel numbering · relevance, hearsay/exceptions, authentication, and privileges track the FRE · apply the national MBE answer.
5. MARITAL / FAMILY LAW
Common-law / equitable-distribution state with a statutory presumption of EQUAL (one-half each) division of marital property that the court may adjust for stated reasons (length of marriage, contributions, economic circumstances, fault) · non-marital property (premarital, gifts, inheritance) is returned to its owner absent commingling or marital-effort enhancement · optional covenant marriage (one of only 3 states, with LA and AZ) · no common-law marriage formed in AR (foreign ones recognized) · best-interests custody; Arkansas Child Support Guidelines.
6. WILLS, TRUSTS & ESTATES
Attested will needs 2 witnesses · holographic wills RECOGNIZED (handwriting + signature + material provisions, proved by credible witnesses) · DOWER & CURTESY retained — surviving spouse may elect against the will to take a dower/curtesy life-estate interest (generally one-third of the decedent's realty; one-half if no descendan