NORTH CAROLINA BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the North Carolina Bar Exam Distinctions long outline.
1. EXAM FORMAT
UBE jurisdiction · two-day exam: MBE (200 MCQ, 50%) / MEE (six essays, 30%) / MPT (two tasks, 20%) · passing score 270/400 (on the higher end of UBE states) · MPRE scaled 80 · character-and-fitness via the NC Board of Law Examiners · score portable in/out within the transfer window · UBE does not grade NC law as a separate subject — write national law on generic essays.
2. TORTS — PURE CONTRIBUTORY NEGLIGENCE (THE BIG ONE)
FLAG: Any plaintiff fault — even 1% — completely BARS tort recovery if it is a proximate cause of the injury. One of only ~5 jurisdictions (with AL, MD, VA, DC) · this single doctrine drives all NC personal-injury litigation and settlement dynamics · Last clear chance = the principal escape hatch: if P negligently put himself in a position of helpless peril he could not escape, and D knew or should have known of P's peril AND had the time and means to avoid the harm but negligently failed → P's contributory negligence is excused and P recovers (must be specifically pleaded) · contributory negligence is NO defense to (a) intentional torts, (b) gross negligence / willful-and-wanton conduct, or (c) certain statutory claims · a child below the age of capacity is not charged with contributory negligence · joint & several liability retained among joint tortfeasors with statutory pro-rata contribution (UCATA, Ch. 1B) — no fault-weighted apportionment because there is no comparative reduction · caps: med-mal noneconomic cap (~$500k, indexed; exceptions for disfigurement, loss of body part, or death by reckless/grossly negligent conduct); punitive cap = greater of 3× compensatory or $250k (DWI exception) · dram-shop liability against an ABC permittee who knowingly sells to an intoxicated driver or to a minor; narrow social-host liability.
3. CIVIL PROCEDURE / SOL
NC Rules of Civil Procedure (Ch. 1A) mirror federal · notice pleading · 12-person Superior Court civil juries, unanimous verdict · separate Business Court for complex commercial matters · SOL: PI/contract (written AND oral — no longer period for written)/property/fraud 3 yrs · wrongful death 2 yrs (trap — torts are usually 3) · med-mal 3 yrs + 4-yr statute of repose (special foreign-object rule); 10-yr catch-all for unspecified actions.
4. EVIDENCE
NC Rules of Evidence (Ch. 8C) mirror FRE — MBE answer usually right · NC codifies extra privileges (physician-patient, psychologist, clergy) but many are QUALIFIED — the trial judge may compel disclosure if necessary to the proper administration of justice · own rules for forensic/chemical-analysis affidavits.
5. FAMILY LAW
One-year separation (continuous, at least one spouse intending it permanent) required before absolute divorce; other ground = incurable insanity (3-yr separation) · equitable distribution state: marital/divisible property presumed divided equally, unequal only if equity requires (§50-20); separate (pre-marital/gift/inheritance) not divided · alimony turns on dependency + ability to pay; adultery bars a dependent spouse's alimony and mandates a supporting spouse's · heart-balm torts SURVIVE: alienation of affection + criminal conversation (abolished in most states) · UCCJEA/UIFSA + income-shares child support.
6. WILLS / ESTATES
Attested will = signed by testator + 2 competent witnesses who sign in testator's presence · holographic wills VALID (entirely in testator's handwriting, signed, found among valuable papers or in another's safekeeping; NO witnesses needed) · nuncupative (oral) wills valid in narrow last-illness situations, personal property only · elective share = sliding scale by marriage length (§30-3.1): ~15% if married <5 yrs, 25% (5–<10), 33% (10–<15), 50% (15+ yrs) of total net assets · intestacy: spouse takes a 1/2 undivided interest in realty if one child survives, 1/3 if two or more children; personal property = a dollar amount off the top plus a fraction, varying by survivors; spouse takes all only if no descendants and no parents · year's allowance (statutory dollar amount of personal property) to surviving spouse and minor children off the top.
7. REAL PROPERTY
FLAG — Recording act: PURE RACE — first to record wins, notice irrelevant (Connor Act, §47-18) · adverse possession: 20 yrs, or 7 yrs with color of title · tenancy by the entirety recognized · foreclosure: typically non-judicial power-of-sale (clerk hearing, upset-bid period).
8. CONTRACTS / UCC
UCC + common law = national MBE doctrine · SOF standard categories · noncompetes enforced only if reasonable in time/territory + consideration · strict blue-pencil — courts strike but won't rewrite overbroad terms.
9. BUSINESS ENTITIES & PROFESSIONAL RESPONSIBILITY
Corporations/LLCs/partnerships follow national uniform acts · RPC mirror ABA Model Rules — apply Model Rules · local layer = IOLTA + State Bar discipline.
10. CRIMINAL
Structured sentencing grids (offense class × prior record) · death penalty retained · degrees of murder + felony murder · apply MBE common-law doctrine on the exam, not NC sentencing.
KEY FLAGS
FLAG FLAG: PURE CONTRIBUTORY NEGLIGENCE — 1% plaintiff fault bars all recovery; last clear chance is the escape. FLAG: PURE RACE recording act — first to record wins, notice irrelevant. FLAG: Holographic wills valid; sliding-scale elective share. FLAG: One-year separation before divorce; alienation of affection tort survives. FLAG: Wrongful death = 2 years. FLAG: UBE — write national law on generic essays.