NEW HAMPSHIRE BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the New Hampshire Bar Exam Distinctions long outline.
Snapshot: New Hampshire is a UBE jurisdiction, so the exam tests national majority law—these distinctions matter chiefly for practice and the rare localized fact pattern. The headline departures from the national defaults are the broad three-year limitations period, an equitable-distribution regime that puts all property (even inherited) on the table under an equal-division presumption, no holographic wills, a notice recording act, a 20-year adverse-possession period, modified 51% comparative negligence, and—strikingly—no punitive damages at all.
1. EXAM FORMAT
UBE state · MBE/MEE/MPT weighted 50/30/20 · minimum passing score 270 (high end) · score transferable to/from other UBE jurisdictions within the window · plus MPRE and character/fitness · distinctive Daniel Webster Scholar Honors Program at UNH—an alternative practice-based path to admission WITHOUT the bar exam · because it is UBE, essays are graded on national majority law—do not write NH-specific rules unless a question localizes.
2. CIVIL PROCEDURE
Broad three-year SOL for most tort AND contract actions (§508:4), with a discovery rule · medical-injury actions ~3 yrs with repose limits · Superior Court = general jurisdiction; Circuit Court (district/probate/family divisions) = smaller civil, probate, family · notice pleading resembling the federal model · long-arm reaches the due-process limit.
3. EVIDENCE
Own New Hampshire Rules of Evidence, FRE-parallel in numbering and substance · expert admissibility under Daubert, codified at RSA 516:29-a · statutory physician-patient privilege; attorney-client, spousal, clergy privileges · state rules in state court, FRE in federal.
4. FAMILY LAW
No-fault (irreconcilable differences) AND fault grounds available · equitable distribution (not community property) with a statutory presumption that EQUAL division is equitable (RSA 458:16-a) · divisible estate is unusually broad—ALL property of either spouse, including premarital, gift, and inherited assets, is potentially divisible · income-based child-support guidelines · reformed formula alimony (2019) tied to marriage length.
5. WILLS / TRUSTS / ESTATES
Valid will = writing + testator signature + two credible witnesses signing in the testator's presence (RSA 551:2) · NO holographic wills · self-proving affidavits allowed · traditional statutory-fraction elective share via "waiver of will" (RSA 560:10)—NOT the UPC augmented-estate sliding scale · intestacy share varies with issue/parents (RSA 561) · UTC adopted; leading modern trust state—perpetual/dynasty trusts (no RAP for trusts) and asset-protection/directed trusts · homestead exemption (RSA 480), fixed dollar amount.
6. REAL PROPERTY
Notice recording act (RSA 477:3-a)—later BFP without notice wins even without recording first · adverse possession 20 years (RSA 508:2), actual/open/notorious/hostile/exclusive/continuous · homestead exemption fixed by statute · principally nonjudicial power-of-sale foreclosure (RSA 479:25) with statutory notice; judicial (entry/possession) also available · generally NO post-sale redemption.
7. TORTS
Modified comparative negligence — 51% bar (RSA 507:7-d): recover only if fault NOT GREATER than defendants' combined—50% recovers, 51% barred · joint-and-several liability only for a defendant ≥50% at fault; a defendant <50% is severally liable for its proportionate share (RSA 507:7-e) · statutory dram-shop liability (RSA 507-F) for negligent/reckless service to an intoxicated person or minor · NO punitive damages at all (RSA 507:16)—only "enhanced compensatory damages" for egregious conduct · generally no compensatory damage caps (state-constitutional bar on noneconomic caps).
8. CONTRACTS / UCC
UCC adopted (tit. XXXIV-A) · standard Statute of Frauds (RSA 506): land, one-year, suretyship, marriage consideration, goods ≥$500 · essentially no NH departures—apply majority/Restatement (Second)/UCC straight · Article 9 filing with the Secretary of State.
9. BUSINESS ENTITIES
Corporations under the New Hampshire Business Corporation Act (RSA 293-A)—substantially MBCA · LLCs under RSA 304-C · partnerships under the UPA (RSA 304-A) · no general sales tax and no broad personal income tax (Business Profits Tax / Business Enterprise Tax apply)—attractive for entities and trusts · NH law largely coincides with the uniform acts tested on the MEE.
10. PROFESSIONAL RESPONSIBILITY
New Hampshire Rules of Professional Conduct based on the ABA Model Rules with state modifications · MPRE tests the ABA Model Rules · enforced by the Attorney Discipline Office / Professional Conduct Committee · NH IOLTA/trust-account rules strictly enforced.
11. CRIMINAL
MPC-influenced criminal code (RSA 625 et seq.)—closer to MBE/MPC principles than many states, though statutory homicide/theft grading differs · death penalty abolished (2019), prospectively · Part I, Article 19 of the NH Constitution sometimes construed to give GREATER search-and-seizure protection than the Fourth Amendment—argue the state ground · MBE tests common-law/MPC and the federal floor.
KEY FLAGS
⚑ UBE — write national law on essays (cut score 270) · ⚑ Daniel Webster Scholar bar-exam alternative · ⚑ broad 3-year tort/contract SOL · ⚑ equitable distribution but ALL property (incl. inherited) divisible, equal-division presumption · ⚑ NO holographic wills · ⚑ statutory-fraction elective share (not augmented estate) · ⚑ perpetual/dynasty trusts · ⚑ notice recording act · ⚑ 20-yr adverse possession · ⚑ modified 51% comparative negligence · ⚑ NO punitive damages (enhanced compensatory only) · ⚑ power-of-sale foreclosure, no redemption · ⚑ death penalty abolished.