MEE Subject Guide
Torts on the MEE: What to Know and How to Practice
Torts is a high-frequency MEE subject that rewards thorough issue spotting across multiple theories of liability. This guide covers the key testing areas and how to structure your analysis.
What the MEE Tests in Torts
Negligence dominates Torts on the MEE. You should expect to analyze duty, breach, causation (both actual and proximate), and damages in nearly every Torts essay. Special duty rules for landowners, professionals, and common carriers appear frequently. Comparative fault and contributory negligence are common wrinkles that change the damages analysis.
Products liability is the second most common testing area. MEE questions typically involve a defective product causing injury, and you need to analyze all three theories: manufacturing defect, design defect (risk-utility or consumer expectation test), and failure to warn. Know who qualifies as a proper defendant (manufacturer, retailer, distributor) and the role of strict liability versus negligence in products cases.
Intentional torts (battery, assault, false imprisonment, intentional infliction of emotional distress) and defamation round out the subject. Defamation questions test the distinction between public and private figures, the fault standards, and available defenses like truth and privilege. Vicarious liability and respondeat superior often appear as secondary issues linking a defendant to another party's conduct.
How to Approach a Torts Essay
Start by identifying every potential defendant and every potential theory of liability. A single Torts fact pattern often supports multiple claims: the same conduct might give rise to both negligence and an intentional tort, or both a direct liability claim and a vicarious liability claim. Graders reward breadth of issue coverage.
For negligence, work through each element in order and apply the specific facts. The application section is where most points are earned. Do not state "duty was breached" and move on. Explain what a reasonable person would have done and how the defendant's conduct fell short. For causation, distinguish between but-for causation and proximate cause, and address foreseeability when the facts raise it.
Frequently Asked Questions
Is Torts tested frequently on the MEE?
Yes. Torts is one of the most frequently tested subjects on the MEE. It appears on most administrations and is also heavily tested on the MBE, making it one of the most important subjects in your bar prep.
What topics in Torts are most commonly tested on the MEE?
The most commonly tested topics are negligence (duty, breach, causation, damages), strict liability and products liability, intentional torts (battery, assault, false imprisonment, IIED), and defamation. Vicarious liability and joint tortfeasor issues also appear regularly.
How should I study Torts for the bar exam?
Build a strong foundation in negligence, since it appears in nearly every Torts question. Know the elements cold and practice applying each one to facts. Then study products liability (manufacturing defect, design defect, failure to warn) and the major intentional torts. Practice writing full essays that cover multiple tort theories raised by the same set of facts.