MAINE BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the Maine Bar Exam Distinctions long outline.
1. EXAM FORMAT
UBE jurisdiction · MBE 50% + MEE/MPT 50% · passing score 270/400 · score is portable · no Maine-specific graded essay · Maine law covered through admission requirement / Maine Law Component, not the exam · write all answers to national majority/uniform rules.
2. CIVIL PROCEDURE & SOL
Maine Rules of Civil Procedure mirror the FRCP (not tested on UBE) · general civil statute of limitations is six years (14 M.R.S. § 752)—longer than the common three-year default · shorter specialized periods for some malpractice/tort claims · discovery rule limited.
3. EVIDENCE
Maine Rules of Evidence patterned on the FRE with parallel numbering (401, 403, 801) · apply the FRE on the exam · only minor Maine-specific privilege/notice details differ in practice.
4. TORTS — NEGLIGENCE (KEY)
Modified comparative negligence, 50% "not as great as" bar (14 M.R.S. § 156): plaintiff recovers only if fault is less than defendant's; at exactly 50% plaintiff is barred (contrast 51% states, where a 50/50 plaintiff still recovers) · unusual mechanism—jury reduces damages "just and equitable," not strict percentage math · joint & several liability retained with contribution among joint tortfeasors · Maine Liquor Liability Act is the exclusive dram-shop remedy (negligent/reckless service to a minor or visibly intoxicated person; notice requirement + damage limits) · Maine Tort Claims Act provides governmental immunity with enumerated exceptions and caps · wrongful-death statute caps noneconomic and punitive components · no general noneconomic-damages cap in ordinary negligence.
5. WILLS, TRUSTS & ESTATES
UPC state (Title 18-C, revised 2019)—tested MEE law matches Maine closely, a rare "no distinction" area · two-witness wills (writing + testator signature + two witnesses) · recognizes holographic wills (material portions in testator's hand, no witnesses) and harmless-error/dispensing power (probate on clear-and-convincing intent) · UPC augmented-estate sliding-scale elective share (accrues by length of marriage) · per-capita-at-each-generation representation · protections for omitted spouses/children · spouse takes entire intestate estate where all descendants are also the spouse's and the spouse has no other descendants.
6. REAL PROPERTY
Race-notice recording act (subsequent BFP without notice prevails only if records first) · adverse possession 20 years (actual, open/notorious, exclusive, hostile, continuous) · title-theory in form but residential judicial foreclosure with a debtor-protective statutory redemption period · statutory homestead exemption (modest dollar figure, enhanced for elderly/disabled debtors).
7. FAMILY LAW
Equitable distribution (not community property) · no-fault (irreconcilable differences) plus fault grounds · "parental rights and responsibilities" terminology · best-interests custody · income-shares child support.
8. CONTRACTS / UCC / SOF
Uniform UCC Article 2 · standard Statute of Frauds (33 M.R.S. § 51): one-year, suretyship, marriage, land, goods ≥ $500 · no Maine-specific contracts trap except the six-year limitations period.
9. BUSINESS ENTITIES & PR
MBCA-based corporati