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Multistate Bar Examination Practice Test

NCBE MBE

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Multistate Bar Examination Information

National Conference of Bar Examiners (NCBE) Multistate Bar Examination (MBE)

The Multistate Bar Examination (MBE) is a standardized test developed by the National Conference of Bar Examiners (NCBE). It is a key component of the bar exam in most U.S. jurisdictions and assesses fundamental legal principles and reasoning skills. The MBE is designed to evaluate a candidate’s ability to apply legal principles and analyze fact patterns across multiple areas of law.

Exam Overview

The MBE consists of 200 multiple-choice questions administered over two three-hour sessions on a single day. Of these, 175 questions are scored, while 25 are unscored pretest questions. The test is divided into two parts: 100 questions in the morning session and 100 in the afternoon. The exam is typically offered twice a year, in February and July. The score required to pass varies by jurisdiction.

Exam Content

The MBE covers seven key areas of law: constitutional law, contracts, criminal law and procedure, evidence, real property, torts, and civil procedure. Constitutional law focuses on governmental powers and individual rights. Contracts assess contract formation, performance, breach, and remedies. Criminal law and procedure cover general principles, specific crimes, and constitutional protections. Evidence tests knowledge of relevance, hearsay, and trial procedures. Real property includes ownership, rights, and transfers. Torts cover liability, negligence, and defenses. Civil procedure examines jurisdiction, pretrial procedures, and trial rules.

Who Should Take This Exam?

The MBE is required for most individuals seeking admission to the bar in the United States. It is typically taken by law school graduates as part of their state’s bar examination process. Some jurisdictions require additional state-specific testing alongside the MBE. Candidates should check with their jurisdiction’s bar admissions office for specific requirements.

How to Prepare

Candidates should review the official NCBE MBE Subject Matter Outline and study materials provided by bar preparation programs. Practice exams can help assess knowledge and improve timing. Many candidates use commercial bar review courses, flashcards, and question banks for additional preparation. Studying legal concepts and practicing under timed conditions can help build test-taking skills.

Summary

The NCBE Multistate Bar Examination (MBE) is a critical component of the bar exam in most U.S. jurisdictions. It assesses core legal knowledge and analytical reasoning across seven areas of law. Proper preparation, including practice exams and bar review courses, is essential for success.

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  • Free Multistate Bar Examination Practice Test

  • 20 Questions
  • Unlimited
  • Civil Procedure
    Constitutional Law
    Contracts
    Criminal Law and Procedure
    Evidence
    Real Property
    Torts
Question 1 of 20

Jane, a freelance graphic designer, enters into a contract with Acme Corp to deliver a complete branding package by September 1st. On August 15th, Jane informs Acme Corp that she will not be able to complete the project by the agreed deadline and is terminating the contract. What type of breach has Jane committed?

  • Minor breach

  • Partial breach

  • Anticipatory repudiation

  • Material breach

Question 2 of 20

Taylor breaks into a closed store after hours by prying open a door, intending to shoplift items. During the act, Taylor also vandalizes display cases but does not take any merchandise. Which of the following best describes Taylor's potential liability for burglary?

  • Taylor is liable for vandalism and can also be charged with burglary.

  • Taylor is charged with burglary despite not taking any merchandise.

  • Taylor can be charged with burglary because the unlawful entry was coupled with the intent to commit a crime inside the store.

  • Taylor is not charged with burglary since no theft occurred.

Question 3 of 20

A landowner conveys property 'to A for life, then to A’s children who survive A.' At the time of the conveyance, A has two children, B and C. What type of interest do B and C hold under this conveyance?

  • Contingent remainder

  • Fee simple absolute

  • Springing executory interest

  • Vested remainder

Question 4 of 20

Under traditional common-law tort principles, a defendant who raises the affirmative defense of assumption of risk bears the burden of proving certain elements. Which of the following best states what the defendant must establish to succeed on that defense?

  • The plaintiff actually knew of the specific danger and voluntarily chose to confront it.

  • The plaintiff merely should have known of the danger and proceeded unreasonably.

  • The plaintiff signed a waiver purporting to absolve the defendant of liability for intentional or reckless misconduct.

  • The defense applies only when the defendant's liability would otherwise rest on strict-liability principles, not negligence.

Question 5 of 20

A supermarket employs security guards to monitor the premises for suspicious activity. One evening, a security guard fails to intervene during a robbery, and a customer is injured in the ensuing chaos. The injured customer sues the supermarket for negligence. Does the supermarket owe a duty of care to the customer regarding the security guard's failure to act?

  • No, because the customer assumed the risk by entering the supermarket.

  • Yes, if the customer was aware of the security guard's limitations.

  • Yes, because the supermarket has a duty to protect its customers from foreseeable harm resulting from the conduct of its employees.

  • No, because the security guard was acting independently and the crime was committed by a third party.

Question 6 of 20

Tech Solutions Inc. has a contract with Retailers Co. to provide software support services for three years. Tech Solutions Inc. plans to assign its right to receive future payments under the contract to a third-party financer, FastFunds LLC, without Retailers Co.'s consent. Additionally, Tech Solutions Inc. intends to delegate its obligation to provide support services to its newly formed subsidiary, SupportSubs LLC, without obtaining Retailers Co.'s approval. Under contract law, which of the following statements is correct?

  • The assignment is permissible without consent, but the delegation requires Retailers Co.'s approval.

  • The assignment requires Retailers Co.'s consent, but the delegation is permissible without approval.

  • Both the assignment and delegation require Retailers Co.'s consent.

  • Both the assignment and delegation are permissible without Retailers Co.'s consent.

Question 7 of 20

GreenTech Solutions and BlueWave Industries entered into a three-year agreement for GreenTech to supply specialized equipment to BlueWave. Six months into the contract, GreenTech faces operational challenges and proposes that another company, RedStar Equipment, take over the remaining supply obligations. BlueWave agrees to this change, and all three parties sign a new agreement reflecting this arrangement. What legal mechanism best describes this change to the original contract?

  • Novation

  • Release

  • Rescission

  • Accord and satisfaction

Question 8 of 20

A state enacts a statute that allows its courts to hear cases involving federal causes of action, regardless of whether the parties reside within the state. A corporate defendant, incorporated and operating exclusively in another state, challenges the state court’s authority to hear the case. The defendant argues that Congress determines which courts can hear cases involving federal claims. What principle BEST explains the relationship between Congress and state court jurisdiction in this scenario?

  • Congress has the authority to authorize state courts to hear cases arising under federal law when Congress does not establish jurisdiction exclusive to federal courts.

  • The Eleventh Amendment can affect state courts hearing cases involving out-of-state parties under federal law.

  • State courts have jurisdiction over cases with federal causes of action involving parties from the same state.

  • State courts have limitations in their authority to hear cases based on federally created causes of action as defined by Congressional action.

Question 9 of 20

Alex is charged with theft after taking items from a store without paying. During the trial, Alex's legal team presents evidence that he was experiencing a severe psychological condition at the time of the incident, which prevented him from recognizing the illegality of his actions. Which legal defense is most likely being asserted by Alex's defense counsel?

  • Self-defense

  • Diminished capacity

  • Insanity defense

  • Necessity

Question 10 of 20

A homeowner installed a custom chandelier in their dining room. When they later sold the house, they removed the chandelier and replaced it with a basic light fixture. The buyer of the home sued the seller, claiming the chandelier belonged to them as part of the sale. Based on the legal definition, what factor is most important in determining whether the chandelier is considered a fixture that transfers with the property?

  • The cost of the chandelier and whether it exceeds the home's replacement value.

  • The time the chandelier had been in the home before its removal.

  • The intention of the parties regarding whether the chandelier would remain part of the property.

  • The level of attachment between the chandelier and the ceiling in the dining room.

Question 11 of 20

In a civil trial, the defendant objects to the plaintiff's intended testimony from a former business partner, arguing that the witness's statements are more prejudicial than probative. What standard should the court apply to decide whether to exclude the witness's testimony?

  • Determine if the testimony is directly relevant to a fact in issue.

  • Decide if the witness belongs to an excluded class under the rules of evidence.

  • Evaluate if the probative value is substantially outweighed by the risk of unfair prejudice.

  • Assess whether the witness has personal knowledge of the events in question.

Question 12 of 20

A pharmacy employee, diagnosed with a mental disorder affecting impulse control, intentionally sabotages a batch of prescription medications, making them unsafe. Afterward, the employee claims they were unable to appreciate the wrongfulness of their actions due to the disorder. However, they were able to physically plan and carry out the sabotage. Under these circumstances, which principle best evaluates the employee’s criminal liability?

  • Criminal liability is eliminated if the defendant’s mental disorder partially impaired but did not eliminate their physical ability to carry out the offense.

  • The appropriate test for determining insanity in this case examines whether the defendant could understand the wrongfulness of their conduct at the time of the offense.

  • The mental disorder defense focuses on whether the defendant displayed symptoms of their disorder during the offense without necessarily considering their full understanding of the act’s wrongfulness.

  • The defense will succeed if the mental disorder caused the defendant to experience significant cognitive or behavioral impairment at the time of the offense.

Question 13 of 20

A business owner's retail store is failing. To escape her debts, she obtains a comprehensive insurance policy on the building and its contents. A month later, she deliberately sets fire to the store late at night. The building is located in a deserted industrial park, and no one is injured. The fire department extinguishes the fire after it causes significant charring to the structure. The owner then files an insurance claim. Under a typical modern arson statute, what is the business owner's greatest criminal liability for the act of burning?

  • No crime, because she owned the property and no one was endangered.

  • Insurance fraud only, because the burning was merely a preparatory act.

  • Arson, because she burned her property with the intent to defraud an insurer.

  • Attempted arson, because the fire was extinguished before the building was completely destroyed.

Question 14 of 20

What determines whether the U.S. Supreme Court has jurisdiction to review a judgment from a state's highest court?

  • When the state court's decision is based on federal law and lacks an independent and adequate state law ground.

  • When the state court's judgment involves both federal and state law grounds.

  • When the state court applies state law that includes some analysis of federal law principles.

  • When the state court's decision references federal law but does not rely on state law principles.

Question 15 of 20

A painter enters into a contract with a homeowner to paint the exterior of the homeowner's house, which is adjacent to the neighbor's property. The painter breaches the contract and leaves the job unfinished. The neighbor, who stood to benefit from the painting because it could increase the value of their own property, files a lawsuit against the painter, claiming breach of contract. Can the neighbor enforce the contract?

  • Yes, because the neighbor stood to gain an economic benefit from the completion of the painting.

  • No, because the neighbor is an incidental beneficiary and not an intended beneficiary of the contract.

  • No, because the neighbor was not a party to the contract and thus cannot assert rights under the agreement.

  • Yes, because the contract created a benefit foreseeable to the neighbor, making them a third-party beneficiary.

Question 16 of 20

In which of the following scenarios is a court most likely to decline to hear the case due to insufficient standing?

  • A corporation challenges a regulation that changes market conditions affecting its business.

  • A resident objects to a local ordinance that impacts property development in their area.

  • A teacher contests a policy that limits academic freedom within their school.

  • An individual files a lawsuit opposing a law without showing a direct connection to its effects.

Question 17 of 20

An office supply store mailed a flyer to local businesses advertising a special promotion on paper reams. The flyer stated: 'Paper reams on sale this week for $20 per box, while supplies last.' A business owner saw the flyer and drove to the store, intending to buy 10 boxes. On arrival, the owner discovered the store had sold out of paper. Is the store obligated to provide 10 boxes of paper to the business owner at the advertised price?

  • No, because the contract was not performed within a reasonable time.

  • Yes, because an advertisement at a specified price creates a contractual obligation to fulfill orders.

  • Yes, because the flyer constituted a clear offer that the business owner accepted by going to the store.

  • No, because the flyer is an advertisement, which is generally considered an invitation to deal rather than a binding offer.

Question 18 of 20

Alice operates a factory and negligently stores flammable materials. A fire breaks out and causes minor damage to a neighboring business, owned by Bob. While firefighters are responding to the fire, an unexpected tornado strikes the area, causing extensive additional damage to Bob’s business. Bob sues Alice for the damages. What is the best analysis of Alice's liability for Bob's total damages?

  • Alice is not liable for the damages because the tornado was an unforeseeable intervening event.

  • Alice is liable for the minor damage caused by the fire but not for the additional damage caused by the tornado.

  • Alice is liable for the minor damage caused by the fire.

  • Alice is liable for both the minor fire damage and the additional tornado damage.

Question 19 of 20

Laura has filed a lawsuit in federal court against Sam, who recently moved to a foreign country with no known address. Laura has made multiple attempts to serve Sam through personal delivery, mailing, and by hiring a process server, but all efforts have failed. Under the FRCP, what should Laura do next to properly serve Sam?

  • Apply for a court order to use an alternative method of service following multiple service attempts.

  • Post Sam's name and the lawsuit details on social media platforms.

  • Dismiss the case if service cannot be effected after multiple attempts.

  • Proceed with the case after a waiting period following the final service attempt.

Question 20 of 20

A state legislature enacted a law imposing a surcharge on anyone who failed to recycle household waste. Before the law was enforced, a homeowner filed a suit in federal court seeking to challenge the law, arguing that it would impose an undue financial burden. The homeowner had not yet been required to pay the surcharge or suffered any penalties. Which of the following explains why the homeowner's suit is likely to fail?

  • The homeowner's claim is not ripe because they have not yet been subjected to the surcharge or any penalty.

  • The homeowner lacks standing because they have not yet established that the law directly affects them.

  • The claim is moot because the homeowner has not suffered a concrete injury.

  • The case fails due to the prohibition on advisory opinions, as the court cannot advise on a hypothetical situation.