MARYLAND BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the Maryland Bar Exam Distinctions long outline.
1. EXAM FORMAT
UBE jurisdiction since July 2019 · MBE 50% + MEE/MPT 50% · passing score 266/400 · portable score · Maryland law tested via open-book Maryland Law Component, not graded essays · pre-2019 legacy exam did test Maryland statutes directly (why state-distinction materials are common) · write MEE answers to national law.
2. TORTS — PURE CONTRIBUTORY NEGLIGENCE (THE FLAG)
⚑⚑ Maryland is a PURE CONTRIBUTORY NEGLIGENCE state—a plaintiff found even 1% at fault is TOTALLY BARRED from any recovery; no apportionment, no reduction—any contributory fault is a complete defense · one of only ~5 jurisdictions retaining it (Alabama, North Carolina, Virginia, Maryland, D.C.) · reaffirmed in Coleman v. Soccer Ass'n of Columbia (2013), Court of Appeals leaving change to the legislature · last clear chance survives as the plaintiff's counter-defense (defendant had a fresh, final chance to avoid harm and failed) · assumption of risk also a complete bar—Maryland keeps the full common-law defense triad · no common-law dram-shop liability—tavern generally not liable to third parties (Warr v. JMGM Group, 2013) · statutory noneconomic-damages cap in PI/wrongful-death (annually adjusted) · J&S retained under UCATA (pro-rata contribution; settling-tortfeasor reduction).
3. CIVIL PROCEDURE & SOL
Maryland Rules (District/Circuit two-tier; not an FRCP clone) · general SOL 3 years · assault/defamation 1 year · specialties under seal 12 years · broad discovery rule.
4. EVIDENCE
Maryland Rules Title 5, FRE-patterned ("5-401," "5-802") · historic Frye-Reed general-acceptance expert standard (moving toward Daubert) · apply FRE on exam.
5. WILLS, TRUSTS & ESTATES
NON-UPC state (Estates & Trusts Article)—do NOT assume UPC outcomes · writing + testator signature + two credible witnesses in testator's presence · strict compliance, no harmless-error dispensing power · no holographic wills (narrow historical service-member exception) · elective share 1/3 of net estate (surviving issue) / 1/2 (no issue), with an augmented-estate overlay reaching some non-probate transfers · distinctive intestacy table—spouse does NOT take the whole estate when issue survive (spouse + issue share) · Orphans' Court / Register of Wills administer estates.
6. REAL PROPERTY
Race-notice recording (BFP for value without notice prevails only if records first) · adverse possession 20 years (standard elements) · title-theory state using deeds of trust · court-supervised nonjudicial / assent-to-decree power-of-sale foreclosure (faster than full judicial; court ratifies the sale) · Baltimore-area ground rents (leasehold/reversion split—nearly unique to Maryland) · comparatively thin homestead/judgment exemption.
7. FAMILY LAW
Equitable distribution via monetary award (court doesn't retitle) · not community property · modernized no-fault grounds (irreconcilable differences, mutual consent, separation) · best-interests custody · income-shares support.