This article originally appeared in The Bar Examiner print edition, Winter 2024-2025 (Vol. 93, No. 4), pp. 33-34.
Will family law be tested on the NextGen bar exam?
Yes, family law will be tested on the NextGen bar exam starting in July 2026, but the format and depth of this testing will change after a few years.
For context, the NextGen exam will feature three question types: individual (standalone) multiple-choice questions, integrated question sets, and performance tasks.1 Each integrated question set or performance task will include a mix of multiple-choice and written-response questions about a provided fact scenario or client matter. In this FAQ, mentions of multiple-choice questions refer to the standalone multiple-choice questions.
From July 2026 through February 2028: Family law concepts will appear on every NextGen exam in a performance task and may also be included in integrated question sets. They will not be tested via the standalone multiple-choice questions. Throughout this period, family law concepts will be tested with the provision of legal resources (e.g., statutes, regulations, and case law); though it may be helpful to know family law concepts at a high level, your answers should be developed using the legal resources provided, as the key information examinees need to know will be included in these resources.
Starting in July 2028: Family law will be included in the Foundational Concepts and Principles2 tested on the NextGen bar exam and will be tested in the same manner as other concepts and principles. Family law can show up in integrated question sets and performance tasks and will be tested in the standalone multiple-choice questions. Each subject area within the foundational concepts and principles has its own outline, and the family law outline is available on the NCBE website.3
I’m taking the NextGen exam before July 2028. Should I study family law in law school? As part of my bar prep?
Family law is an in-demand practice area across the United States, and you may consider taking it for that reason alone. Your school’s academic support and career services teams are typically your best resource when evaluating your course-selection options, and bar prep is only one of the factors you should consider.
What specific family law concepts will be on the NextGen exam starting in July 2028? What am I expected to know?
The Family Law Content Outline on the NCBE website4 covers the specific topics of family law that are expected to be tested starting in July 2028. These topics have been identified as those that are most essential for newly licensed lawyers to know.
What is happening with trusts and estates on the NextGen exam? Is it following the same path as family law?
Like family law, trusts and estates will appear on every NextGen exam from July 2026 through February 2028 in a performance task and possibly in integrated question sets; however, after July 2028, trusts and estates will no longer appear on every NextGen exam. Instead, it may be tested in one or both of those question types at that time.
Unlike family law, trusts and estates is not included in the foundational concepts and principles for the NextGen exam. This means that when it does appear, it will only be tested with the provision of legal resources; your answers should be developed using the legal resources provided, as they will contain all necessary information.
What if I won’t be taking the NextGen exam, or I’m not sure if I will? How will family law and trusts and estates be tested on the legacy bar exam? What about secured transactions and conflict of laws?
These subject areas are currently tested as part of a larger group of topics5 that may appear in Multistate Essay Examination (MEE) questions. Effective with the July 2026 bar exam, conflict of laws, family law, trusts and estates, and secured transactions will no longer be tested on the MEE. However, these subjects may still appear on the Multistate Performance Test (MPT). The MEE and MPT require different levels of legal knowledge; we recommend checking with your school’s academic support staff for guidance on how this might affect your studies and bar prep. For more information on these exams, visit www.ncbex.org/exams/mee and www.ncbex.org/exams/mpt.
Notes
- For more information on these question types, including sample questions, visit https://www.ncbex.org/exams/nextgen/sample-questions. (Go back)
- From July 2026 to February 2028, the foundational concepts and principles are business associations, civil procedure, constitutional law, contract law, criminal law, evidence, real property, and torts. Starting in July 2028, this list will also include family law. (Go back)
- The NextGen content scope outlines (including the family law outline) are available at https://www.ncbex.org/exams/nextgen/content-scope. (Go back)
- Id. Information about the NextGen exam is available at https://www.ncbex.org/exams/nextgen. (Go back)
- The MEE topics are business associations (agency and partnership, corporations and limited liability companies); civil procedure; conflict of laws; constitutional law; contracts (including Article 2 [sales] of the Uniform Commercial Code); criminal law and procedure; evidence; family law; real property; torts; trusts and estates (decedents’ estates, trusts and future interests); and Article 9 (secured transactions) of the Uniform Commercial Code. (Go back)
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