The July 2014 Multistate Bar Exam was the most difficult I have ever encountered. With the February 2015 administration of the MBE comes the inclusion of civil procedure as a new tested topic. I do not envision the MBE getting easier in the near future.
Here is a brief summary of my issues with the July 2014 test:
1. Mortgage questions were prevalent and very difficult. There were a couple of mortgage questions that used terms that neither I nor anyone sitting around me had every come across.
2. Other difficult subjects included Constitutional Law and Torts. I don't know, maybe it's just me, but if you do 2,000-3,000 practice MBE questions, you should at least understand the call of an MBE question. I increasingly feel that the MBE is testing more obscure areas of law in each subject. Bar review materials are simply unable to keep up with these questions.
3. I couldn't tell which questions were the experimental ones. In the past, it was fairly easy for me to spot at least half of the 10 experimental questions on the MBE. In this testing, my head was so jumbled by the sheer number of difficult questions that I really have no idea which questions were experimental.
4. As the MBE is a copyrighted exam, examinees are prohibited from discussing questions on bar forums after the test. In years past, one could hop over to All4JDs after the MBE to find people discussing specific strange and difficult MBE fact patterns. However, the NCBE has been cracking down on these forums and post-exam discussions have gone underground. This means that most of the people who fail to obtain a satisfactory score on the MBE will not know how to correct their deficient knowledge. The released MBE questions do not resemble the current questions used on the MBE. How is someone supposed to adequately prepare for this exam?