MASSACHUSETTS BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the Massachusetts Bar Exam Distinctions long outline.
1. EXAM FORMAT
UBE jurisdiction since July 2018 · MBE 50% + MEE/MPT 50% · passing score 270/400 · portable · Massachusetts law tested via self-study Massachusetts Law Component, not graded essays · write MEE to national law.
2. EVIDENCE (SIGNATURE)
⚑ Massachusetts has NO codified evidence rules—it never enacted the FRE; evidence remains common-law / case-law based · the Massachusetts Guide to Evidence (published by the SJC Advisory Committee) restates the existing case law in FRE-style numbering but is NOT itself binding law—cite the underlying decisions · expert/scientific standard is Daubert-Lanigan (Commonwealth v. Lanigan) · recognizes Massachusetts-specific privileges (e.g., social-worker) not in the FRE · distinctive case law on prior-inconsistent-statement substantive use and impeachment/bias · apply the FRE framework on the exam.
3. CIVIL PROCEDURE & SOL
Own Mass. Rules of Civil Procedure (1974) · distinctive trustee process + real-estate attachment (prejudgment remedies) · SOL: 3 yrs tort / 6 yrs contract (c. 260) · discovery rule.
4. TORTS
Modified comparative, 51% "not greater than" bar (c. 231 § 85)—plaintiff barred only when MORE than 50% at fault; a plaintiff exactly 50% at fault still recovers (reduced by half) · J&S retained with statutory contribution (c. 231B; settling-tortfeasor reduction) · dram-shop liability recognized (serving a visibly intoxicated patron); social-host liability narrowed to hosts who actually furnish alcohol (McGuiggan line) · surviving charitable-immunity cap (historically ~$20k for charitable-purpose conduct) · Massachusetts Tort Claims Act limits public-entity liability · ⚑ Chapter 93A Consumer Protection Act: prohibits unfair/deceptive acts, allows double/treble damages for willful/knowing violations + attorney's fees, requires a pre-suit demand letter—ubiquitous and overlaps tort/contract/warranty.
5. WILLS, TRUSTS & ESTATES
MUPC (2012) and MUTC · two witnesses · NO holographic wills (didn't adopt UPC holograph rule) · peculiar c. 191 § 15 elective share—spouse gets life-estate/trust income on portion above threshold, not clean fraction · MUPC intestacy (spouse-favoring).
6. REAL PROPERTY
Notice recording jurisdiction · Land Court / registered-land (Torrens) system · adverse possession 20 yrs, none against registered land · title-theory; nonjudicial power-of-sale foreclosure · generous c. 188 homestead (automatic $125k / declared $500k).
7. FAMILY LAW
Equitable distribution, not community property · ⚑ c. 208 § 34: ALL property divisible—even inherited/premarital/separate · Alimony Reform Act 2011: structured categories (general/rehabilitative/reimbursement/transitional) with durational limits · best-interests custody.
8. CONTRACTS / UCC / SOF
Uniform UCC Article 2 · standard SOF (c. 259) · warranty/contract claims often carry a parallel c. 93A claim (fee-shifting + multiple damages).
9. BUSINESS ENTITIES & PR
MBCA-based c. 156D · Massachusetts business trust form · heightened close-corporation fiduciary duties (Donahue, Wilkes) · Mass. Rules of Professional Conduct track ABA Model Rules · MPRE required.