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Multistate Bar Examination Practice Test

NCBE: Multistate Bar Examination (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.

Free Multistate Bar Examination Practice Test

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  • Questions: 15
  • Time: Unlimited
  • Included Topics:
    Civil Procedure
    Constitutional Law
    Contracts
    Criminal Law and Procedure
    Evidence
    Real Property
    Torts
Question 1 of 15

A buyer and seller orally agree to the sale of a commercial property for $500,000. The buyer pays a $50,000 down payment and takes possession of the property, beginning construction of a warehouse. However, no written agreement is ever signed. Later, the seller denies the existence of the agreement and refuses to transfer title. Can the buyer enforce the agreement in court?

  • Yes, because an oral agreement was made, which demonstrates mutual assent to the sale.

  • No, because real estate contracts must be in writing to satisfy the Statute of Frauds.

  • No, because partial payment does not satisfy the essential terms of a real estate contract.

  • Yes, because the buyer took possession of the property and made a partial payment.

Question 2 of 15

A plaintiff brings a lawsuit challenging the constitutionality of a law that requires specific licensing for independent contractors. After the lawsuit is filed, the plaintiff voluntarily changes professions and no longer works as an independent contractor. The defendant argues the case should be dismissed. What is the most likely reason the court might dismiss the case?

  • The plaintiff’s original standing to sue was invalidated by their change in profession.

  • The defendant successfully argued that the licensing law is no longer being enforced.

  • The lawsuit was filed too late to challenge the constitutionality of the law due to a statute of limitations.

  • The plaintiff’s change in profession means a court’s decision would no longer address an ongoing legal controversy.

Question 3 of 15

A landowner conveys property "to Alice for life, then to Bob, but if Bob does not survive Alice, then to Carol." What is Alice's interest in the property?

  • A vested remainder

  • Fee simple absolute

  • Fee simple subject to a condition subsequent

  • A life estate

Question 4 of 15

A software engineer, Alex, failed to implement adequate security measures in a company's application, leading to a data breach that exposed users' personal information. To assess whether Alex breached his duty of care, which of the following standards should be applied?

  • The standard of an ordinary person in the same situation.

  • The standard as defined by relevant industry regulations.

  • The standard of a reasonable software engineer with similar training and experience.

  • The standard set by the company's internal policies.

Question 5 of 15

A homeowner posts a flyer offering $500 to anyone who finds and returns her missing dog. A neighbor reads the flyer, finds the dog, and returns it to the homeowner, expecting the reward. However, before returning the dog, the neighbor never contacted the homeowner to confirm they intended to claim the reward. Does the homeowner have an obligation to pay the $500?

  • Yes, because the neighbor completed the required performance outlined in the offer.

  • Yes, because offers may create binding obligations upon completion of the requested performance.

  • No, because the flyer was an invitation to negotiate, not an enforceable offer.

  • No, because the neighbor failed to notify the homeowner of their intent to accept the offer before performing.

Question 6 of 15

A state statute requires all grocery store owners to place warning signs near any wet floors in their establishments. A customer at a grocery store slipped on a wet floor, suffering injuries, and later discovered there was no warning sign in the area. The store owner argued that it is common practice in the area to verbally alert employees but not display signs unless employees report the wet area as dangerous. The customer brings a negligence claim against the store owner. How should the court determine whether the store owner breached their duty of care?

  • The court should consider whether the warning signs would have prevented the customer’s injury in this specific instance.

  • The court should determine if the store’s verbal warning practices meet the standard imposed by the statute.

  • The court should evaluate whether the store owner complied with the statutory requirement to place warning signs near wet floors.

  • The court should analyze whether the store owner's customs are reasonable and common within the industry.

Question 7 of 15

A property owner has operated a retail store in a district historically zoned for commercial use. Recently, the local government rezoned the area as residential, prohibiting commercial businesses. The property owner continues to operate the store. A neighbor files a lawsuit to enforce the new zoning laws and stop the store’s operation. Can the property owner continue running the retail store under the law?

  • No, the property owner must cease operations because prior noncompliant uses are prohibited after the zoning change.

  • Yes, but the property owner must show that the zoning board issued a specific exception for their use.

  • Yes, the property owner may continue the retail operation because the use was established legally before the zoning change.

  • No, because property owners are required to conform to zoning laws upon enactment.

Question 8 of 15

Owning property in fee simple guarantees that no legal or private restrictions will apply to the property.

  • False

  • True

Question 9 of 15

Congress passed a federal statute authorizing the president to impose economic sanctions on any foreign country that engages in cyberattacks against the United States. The law further delegates to the president the discretion to determine the scope and duration of such sanctions. After a significant cyberattack by a foreign nation, the president implemented severe trade restrictions on that country. The country challenges the measures in a U.S. court, arguing that Congress improperly delegated its authority to the president. Is this delegation constitutional?

  • No, the delegation is unconstitutional because Congress has limited discretion when granting authority to the president in matters of foreign relations or war.

  • No, the delegation is unconstitutional because Congress has significant responsibility for economic sanctions involving foreign nations.

  • Yes, Congress has general authority to delegate foreign affairs-related powers to the president due to the president's role in implementing international policies.

  • Yes, Congress provided guidelines for the imposition of sanctions and delegated the implementation details to the president, which aligns with constitutional principles.

Question 10 of 15

In a civil lawsuit, an attorney seeks to introduce a statement from a well-respected medical textbook to support an expert witness's testimony regarding standard medical practices. Under the Federal Rules of Evidence, is this statement admissible as part of the expert's testimony?

  • No, as access to the textbook could affect the fairness of its use.

  • Yes, because statements from learned treatises can support an expert's opinion.

  • No, since statements from written sources may be considered hearsay.

  • Yes, depending on the relevance of the textbook's publication date.

Question 11 of 15

A suspect was taken into custody for questioning about a robbery. Before being questioned, the suspect was advised of their rights, including the right to remain silent and the right to an attorney. The suspect waived these rights and provided a voluntary confession. Later, the suspect claimed the waiver was invalid because the police failed to inform them that their attorney had called the station and was attempting to meet with them. Should the confession be admissible in court?

  • The confession is inadmissible because the suspect cannot waive their right to an attorney without first consulting with one.

  • The confession is admissible because the suspect voluntarily waived their rights after being properly advised of them.

  • The confession is inadmissible because the police were required to inform the suspect that an attorney was attempting to contact them.

  • The confession is inadmissible because the police initiated questioning after taking the suspect into custody.

Question 12 of 15

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 flyer is an advertisement, which is generally considered an invitation to deal rather than a binding offer.

  • 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.

Question 13 of 15

A citizen of State A files a lawsuit in federal court against State B, alleging that State B violated their constitutional rights. State B moves to dismiss the lawsuit, arguing that it is immune from suit under the Eleventh Amendment. Which of the following circumstances would most likely allow the lawsuit to proceed?

  • The lawsuit is filed in a state court rather than a federal court.

  • State B has been sued by another state, which has also intervened in this lawsuit in support of the citizen's claims.

  • The citizen seeks monetary damages, and the violation is alleged to have occurred within the citizen's state of residence.

  • Congress has expressly abrogated state sovereign immunity by enacting legislation under Section 5 of the Fourteenth Amendment to address constitutional violations.

Question 14 of 15

A carpenter was installing cabinets in a kitchen at a homeowner's house. While working, the carpenter negligently left a toolbox on the top of a crooked table without securing it. A day later, a delivery worker delivering a refrigerator bumped into the table while unloading the appliance, causing the toolbox to slide off and strike the homeowner, resulting in injury. The homeowner sues the carpenter for negligence, arguing the carpenter's actions caused the harm. Should the carpenter be held liable?

  • No, because more than 24 hours had passed between the carpenter's negligent act and the injury to the homeowner.

  • Yes, because the carpenter was the last person in direct control of the toolbox, making them liable for all later resulting injuries.

  • Yes, because the carpenter's negligence in leaving the unsecured toolbox on a crooked table was a foreseeable cause of the homeowner's injury.

  • No, because the delivery worker's action of bumping the table was an intervening cause that absolves the carpenter of liability.

Question 15 of 15

A buyer entered into a written agreement with a seller to purchase a rare painting for $50,000. Both parties believed the painting was an original work by a well-known artist. After the sale, the buyer discovered that the painting was a forgery, significantly reducing its value. The seller had no knowledge of the forgery at the time of the sale. The buyer seeks to rescind the contract, claiming that the mistake about the authenticity of the painting renders the contract unenforceable. Which legal principle best determines whether the contract is voidable?

  • The contract is voidable because both parties were operating under a mutual mistake of fact about the authenticity of the painting.

  • The contract is enforceable because the seller had no knowledge of the forgery at the time of the sale.

  • The contract is voidable because the seller failed to disclose that the painting was a forgery.

  • The contract is unenforceable because the buyer was mistaken about the value of the painting.