CALIFORNIA BAR EXAM MULTISTATE & ESSAY PERFORMANCE TEST PACK –
QUESTIONS AND ANSWERS | VERIFIED AND WELL DETAILED ANSWERS | PLUS
RATIONALES | GUARANTEED PASS | LATEST EXAM UPDATE | EXAM PREP |
STUDY GUIDE | PRACTICE TEST
CORE DOMAINS
1. Multistate Bar Examination (MBE) Constitutional Law and Criminal Law
2. Contracts and Sales
3. Torts
4. Evidence
5. Civil Procedure
6. Real Property
7. California and Federal Procedure and Professional Responsibility
8. California Essay Examination Subjects
9. Performance Test Legal Analysis and Written Advocacy
10. California-Specific Rules and Legal Principles
INTRODUCTION
The California Bar Exam Multistate & Essay Performance Test Pack is designed to strengthen
the legal knowledge, analytical reasoning, and written skills required across the major
components of the California bar examination. The questions emphasize both foundational
doctrine and practical application through realistic legal scenarios. Candidates are expected to
identify controlling rules, distinguish closely related principles, analyze facts, and select the
strongest legal conclusion. This practice test supports effective Exam Prep by combining MBE-
style questions with concepts relevant to essays and performance testing. Rather than relying on
memorization alone, candidates should use each rationale to understand why a particular legal
rule applies and how it affects the outcome.
SECTION ONE
QUESTIONS 1–50
1. A defendant is charged with burglary after entering a
closed retail store through a rear window at night. At
trial, the prosecution seeks to prove that the defendant
intended to steal merchandise when he entered. Which fact
would be most relevant to establishing the required intent?
A. The defendant entered through a window rather than the front door
B. The defendant was wearing dark clothing
C. The defendant carried an empty duffel bag and immediately began removing
merchandise
,D. The store had previously experienced several burglaries
Rationale: Burglary generally requires entry with the intent to commit a crime inside. The
defendant's possession of a duffel bag and immediate removal of merchandise strongly supports
an inference that the requisite criminal intent existed when he entered.
2. A homeowner orally promises to sell a parcel of land to a
neighbor for $100,000. The neighbor agrees, but neither
party signs a written agreement. The homeowner later
refuses to sell. If the neighbor sues to enforce the
agreement, the homeowner will most likely prevail because
A. the agreement lacked consideration
B. a contract for the transfer of an interest in land generally must satisfy the Statute of
Frauds
C. oral contracts for real estate are always void
D. the neighbor did not take possession of the property
Rationale: Contracts for the transfer of an interest in real property generally fall within the
Statute of Frauds and must be evidenced by a sufficient writing signed by the party to be
charged, subject to exceptions such as applicable part performance.
3. A driver negligently strikes a pedestrian in a crosswalk.
The pedestrian suffers a broken leg and incurs substantial
medical expenses. The driver is liable for the pedestrian's
medical expenses primarily because the driver
A. intended to cause the injury
B. violated a criminal statute
C. owed no duty until the accident occurred
D. breached a duty of reasonable care and thereby caused foreseeable damages
Rationale: Negligence requires duty, breach, causation, and damages. A driver owes pedestrians
a duty of reasonable care, and medical expenses resulting from a negligently caused injury are
ordinarily foreseeable damages.
4. During a federal criminal trial, the prosecution
introduces evidence that the defendant previously committed
a similar robbery. The prosecution offers the evidence
, solely to show that the defendant is the type of person
likely to commit robberies. The judge should
A. admit it because prior crimes are always relevant
B. admit it because the defendant has opened the door to character evidence
C. exclude it because it is being offered solely to prove propensity
D. exclude all evidence concerning the defendant's prior conduct
Rationale: Evidence of a person's prior misconduct generally cannot be introduced solely to
show that the person has a propensity to commit the charged offense. Prior acts may be
admissible for non-propensity purposes such as motive, intent, or identity when relevant and
otherwise admissible.
5. A federal court has diversity jurisdiction over a dispute
between two citizens of different states. The amount in
controversy is $150,000. Which law generally governs the
substantive legal issues?
A. Federal common law
B. The law of the state where the federal courthouse is located
C. The law selected by the plaintiff
D. The applicable substantive law of the forum state
Rationale: Under the Erie doctrine, a federal court exercising diversity jurisdiction generally
applies state substantive law and federal procedural law. Choice-of-law rules may determine
which state's substantive law applies.
6. A buyer purchases a machine from a manufacturer after
receiving a written statement that the machine is capable
of processing 1,000 units per hour. The machine
consistently processes only 600 units per hour. The buyer
may have a claim based on
A. mutual mistake only
B. unilateral mistake only
C. express warranty
D. impossibility
, Rationale: An affirmation of fact or promise made by the seller that becomes part of the basis of
the bargain can create an express warranty. The stated processing capacity directly concerns the
machine's performance.
7. A landowner grants a neighbor a written right to cross the
land to reach a public road. The neighbor later sells the
benefited parcel to another person. Unless the agreement
provides otherwise, the right to cross the land will
generally
A. terminate automatically upon sale
B. become a personal license
C. terminate because easements cannot be transferred
D. pass with the benefited land as an appurtenant easement
Rationale: An easement appurtenant benefits a particular parcel of land and generally runs with
that land. Transfer of the dominant estate ordinarily transfers the easement as well.
8. A defendant moves for summary judgment, arguing that there
is no genuine dispute concerning any material fact. The
court should grant the motion when
A. the plaintiff disagrees with the defendant's evidence
B. the evidence shows that no reasonable factfinder could find for the nonmoving party on
a material issue
C. the moving party merely denies the allegations
D. the case involves disputed legal issues
Rationale: Summary judgment is appropriate when there is no genuine dispute of material fact
and the moving party is entitled to judgment as a matter of law. Mere disagreement or
conclusory allegations do not create a genuine factual dispute.
9. A witness testifies that she saw the defendant running
from the scene immediately after a bank robbery. The
prosecution then offers evidence that the defendant
possessed a large amount of cash shortly afterward. The
cash evidence is most directly relevant to
A. proving the defendant's character
QUESTIONS AND ANSWERS | VERIFIED AND WELL DETAILED ANSWERS | PLUS
RATIONALES | GUARANTEED PASS | LATEST EXAM UPDATE | EXAM PREP |
STUDY GUIDE | PRACTICE TEST
CORE DOMAINS
1. Multistate Bar Examination (MBE) Constitutional Law and Criminal Law
2. Contracts and Sales
3. Torts
4. Evidence
5. Civil Procedure
6. Real Property
7. California and Federal Procedure and Professional Responsibility
8. California Essay Examination Subjects
9. Performance Test Legal Analysis and Written Advocacy
10. California-Specific Rules and Legal Principles
INTRODUCTION
The California Bar Exam Multistate & Essay Performance Test Pack is designed to strengthen
the legal knowledge, analytical reasoning, and written skills required across the major
components of the California bar examination. The questions emphasize both foundational
doctrine and practical application through realistic legal scenarios. Candidates are expected to
identify controlling rules, distinguish closely related principles, analyze facts, and select the
strongest legal conclusion. This practice test supports effective Exam Prep by combining MBE-
style questions with concepts relevant to essays and performance testing. Rather than relying on
memorization alone, candidates should use each rationale to understand why a particular legal
rule applies and how it affects the outcome.
SECTION ONE
QUESTIONS 1–50
1. A defendant is charged with burglary after entering a
closed retail store through a rear window at night. At
trial, the prosecution seeks to prove that the defendant
intended to steal merchandise when he entered. Which fact
would be most relevant to establishing the required intent?
A. The defendant entered through a window rather than the front door
B. The defendant was wearing dark clothing
C. The defendant carried an empty duffel bag and immediately began removing
merchandise
,D. The store had previously experienced several burglaries
Rationale: Burglary generally requires entry with the intent to commit a crime inside. The
defendant's possession of a duffel bag and immediate removal of merchandise strongly supports
an inference that the requisite criminal intent existed when he entered.
2. A homeowner orally promises to sell a parcel of land to a
neighbor for $100,000. The neighbor agrees, but neither
party signs a written agreement. The homeowner later
refuses to sell. If the neighbor sues to enforce the
agreement, the homeowner will most likely prevail because
A. the agreement lacked consideration
B. a contract for the transfer of an interest in land generally must satisfy the Statute of
Frauds
C. oral contracts for real estate are always void
D. the neighbor did not take possession of the property
Rationale: Contracts for the transfer of an interest in real property generally fall within the
Statute of Frauds and must be evidenced by a sufficient writing signed by the party to be
charged, subject to exceptions such as applicable part performance.
3. A driver negligently strikes a pedestrian in a crosswalk.
The pedestrian suffers a broken leg and incurs substantial
medical expenses. The driver is liable for the pedestrian's
medical expenses primarily because the driver
A. intended to cause the injury
B. violated a criminal statute
C. owed no duty until the accident occurred
D. breached a duty of reasonable care and thereby caused foreseeable damages
Rationale: Negligence requires duty, breach, causation, and damages. A driver owes pedestrians
a duty of reasonable care, and medical expenses resulting from a negligently caused injury are
ordinarily foreseeable damages.
4. During a federal criminal trial, the prosecution
introduces evidence that the defendant previously committed
a similar robbery. The prosecution offers the evidence
, solely to show that the defendant is the type of person
likely to commit robberies. The judge should
A. admit it because prior crimes are always relevant
B. admit it because the defendant has opened the door to character evidence
C. exclude it because it is being offered solely to prove propensity
D. exclude all evidence concerning the defendant's prior conduct
Rationale: Evidence of a person's prior misconduct generally cannot be introduced solely to
show that the person has a propensity to commit the charged offense. Prior acts may be
admissible for non-propensity purposes such as motive, intent, or identity when relevant and
otherwise admissible.
5. A federal court has diversity jurisdiction over a dispute
between two citizens of different states. The amount in
controversy is $150,000. Which law generally governs the
substantive legal issues?
A. Federal common law
B. The law of the state where the federal courthouse is located
C. The law selected by the plaintiff
D. The applicable substantive law of the forum state
Rationale: Under the Erie doctrine, a federal court exercising diversity jurisdiction generally
applies state substantive law and federal procedural law. Choice-of-law rules may determine
which state's substantive law applies.
6. A buyer purchases a machine from a manufacturer after
receiving a written statement that the machine is capable
of processing 1,000 units per hour. The machine
consistently processes only 600 units per hour. The buyer
may have a claim based on
A. mutual mistake only
B. unilateral mistake only
C. express warranty
D. impossibility
, Rationale: An affirmation of fact or promise made by the seller that becomes part of the basis of
the bargain can create an express warranty. The stated processing capacity directly concerns the
machine's performance.
7. A landowner grants a neighbor a written right to cross the
land to reach a public road. The neighbor later sells the
benefited parcel to another person. Unless the agreement
provides otherwise, the right to cross the land will
generally
A. terminate automatically upon sale
B. become a personal license
C. terminate because easements cannot be transferred
D. pass with the benefited land as an appurtenant easement
Rationale: An easement appurtenant benefits a particular parcel of land and generally runs with
that land. Transfer of the dominant estate ordinarily transfers the easement as well.
8. A defendant moves for summary judgment, arguing that there
is no genuine dispute concerning any material fact. The
court should grant the motion when
A. the plaintiff disagrees with the defendant's evidence
B. the evidence shows that no reasonable factfinder could find for the nonmoving party on
a material issue
C. the moving party merely denies the allegations
D. the case involves disputed legal issues
Rationale: Summary judgment is appropriate when there is no genuine dispute of material fact
and the moving party is entitled to judgment as a matter of law. Mere disagreement or
conclusory allegations do not create a genuine factual dispute.
9. A witness testifies that she saw the defendant running
from the scene immediately after a bank robbery. The
prosecution then offers evidence that the defendant
possessed a large amount of cash shortly afterward. The
cash evidence is most directly relevant to
A. proving the defendant's character
