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Missed MBE questions Questions and Correct
Answers/ Latest Update / Already Graded
A seller brought an action against a buyer for breach of a stock purchase
agreement after the buyer failed to deliver the full purchase price. Following a jury
trial, the court entered judgment in the buyer's favor. The seller then made a
motion for a new trial, but this motion was ultimately denied by the court. This
was the only post-trial motion that the seller made, and the seller did not make a
motion for judgment as a matter of law before the case was submitted to the jury.
The seller appealed from the judgment and from the denial of the seller's motion
for a new trial. In support of his appeal, the seller argued that the only conclusion
the evidence supported was that the buyer materially breached the contract.
Which of the following actions may the appellate court properly take?
A: The appellate court may alter the judgment to grant judgment in favor of the
seller if it believes that the evidence was insuffi
Ans: B
A student from State A filed a diversity action against a landlord from State B in
federal court in State A. The student sought $125,000 in damages arising out of a
contract dispute. On January 1, 2014, the student was deposed. During his
deposition, the student presented a contract signed by the landlord and testified
that this was the contract at issue. On February 1, 2014, the landlord was
deposed. During the landlord's deposition, the landlord testified that the signature
on the contract was not his. On March 1, 2014, discovery for the parties closed.
On December 1, 2014, the student's suit proceeded to trial. Which of the
following is true?
A: The judge could grant a motion for summary judgment on behalf of the
student.
© 2025/ 2026 | ® All rights reserved
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B: The judge could grant a motion for summary judgment on behalf of the
landlord.
C: Depending on what other evidence is before the court concerning the
signature, the judge could potential
Ans: C
A consumer from State A filed a $100,000 products liability action in federal court
against a manufacturer incorporated and with its principal place of business in
State B. The consumer claimed that a flaw in the manufacturer's product had
resulted in severe injuries to the consumer. In its answer, the manufacturer
asserted a third-party complaint against the product designer, also incorporated
and with its principal place of business in State B. Believing that the consumer had
sued the wrong defendant, the manufacturer claimed both that the designer was
solely responsible for the flaw that had led to the consumer's injuries and that the
manufacturer was not at fault. The designer is aware that the manufacturer did
not follow all of the designer's specifications when making the product. Which of
the following arguments is most likely to achieve the designer's goal of dismissal of
the third-party complaint?
A: The c
Ans: D
A man's estate plan included a revocable trust established 35 years ago with a
bank as trustee. The principal asset of the trust has always been Blackacre, a very
profitable, debt-free office building. The trust instrument instructs the trustee to
pay the net income to the man for life, and, after the death of the man, to pay the
net income to his wife for life; and, after her death, to distribute the net trust
© 2025/ 2026 | ® All rights reserved
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estate as she may appoint by will, or in default of her exercise of this power of
appointment, to the man's son (her stepson). The man died 30 years ago survived
by his wife and son. The man had not revoked or amended the trust agreement.
A few years after the man's death, his wife remarried. She then had a daughter,
was widowed for a second time, and then died last year. Her will contained only
one dispositive provision: "I give my entire estate to my daughter, and I
intentionally make no provision for my ste
Ans: C
A businessman who owned Blackacre and Whiteacre, two adjoining parcels,
conveyed Whiteacre to a gas company owner and covenanted in the deed to the
gas company owner that when he, the businessman, sold Blackacre he would
impose restrictive covenants to prohibit uses that would compete with the filling
station that the gas company owner intended to construct and operate on
Whiteacre. The deed was not recorded. The gas company owner constructed
and operated a filling station on Whiteacre and then conveyed Whiteacre to his
nephew, who continued the filling station use. The deed did not refer to the
restrictive covenant and was promptly and properly recorded. The businessman
then conveyed Blackacre to a man, who knew about the businessman's covenant
prohibiting the filling station use but nonetheless completed the transaction when
he noted that no such covenant was contained in the businessman's deed to him.
The man bega
Ans: A
A driver filed a diversity action against a mechanic in federal court in State A. The
mechanic was served with a complaint and summons by a 23- year-old law
student. The student is unknown to both the driver and the mechanic and is
working during the summer to pay for tuition. Which of the following is true?
© 2025/ 2026 | ® All rights reserved
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A: The mechanic's attorney must answer the complaint within 14 days and should
not include an affirmative defense of insufficient service of process.
B: The mechanic's attorney should file a motion to dismiss for insufficient service
of process.
C: The mechanic's attorney must answer the complaint within 21 days and should
not include an affirmative defense of insufficient service of process.
D: The mechanic's attorney must answer the complaint and include an affirmative
defense of insufficient service of process.
Ans: C
By her validly executed will, a woman devised a certain tract of land to her son
for his life with remainder to such of his children as should be living at his death,
"Provided, however, that no such child of my son shall mortgage or sell, or
attempt to mortgage or sell, his or her interest in the property prior to attaining
25 years of age: and, if any such child of my son shall violate this provision, then
upon such violation his or her interest shall pass to and become the property of
the remaining children of my son then living, share and share alike." The woman's
will included an identical provision for each of her four other children concerning
four other tracts of land. The residuary clause of the will gave the residuary estate
to the woman's five children equally. The woman died and was survived by the
five children named in her will and by 11 grandchildren. Several additional
grandchildren have since been bo
Ans: D
© 2025/ 2026 | ® All rights reserved
Missed MBE questions Questions and Correct
Answers/ Latest Update / Already Graded
A seller brought an action against a buyer for breach of a stock purchase
agreement after the buyer failed to deliver the full purchase price. Following a jury
trial, the court entered judgment in the buyer's favor. The seller then made a
motion for a new trial, but this motion was ultimately denied by the court. This
was the only post-trial motion that the seller made, and the seller did not make a
motion for judgment as a matter of law before the case was submitted to the jury.
The seller appealed from the judgment and from the denial of the seller's motion
for a new trial. In support of his appeal, the seller argued that the only conclusion
the evidence supported was that the buyer materially breached the contract.
Which of the following actions may the appellate court properly take?
A: The appellate court may alter the judgment to grant judgment in favor of the
seller if it believes that the evidence was insuffi
Ans: B
A student from State A filed a diversity action against a landlord from State B in
federal court in State A. The student sought $125,000 in damages arising out of a
contract dispute. On January 1, 2014, the student was deposed. During his
deposition, the student presented a contract signed by the landlord and testified
that this was the contract at issue. On February 1, 2014, the landlord was
deposed. During the landlord's deposition, the landlord testified that the signature
on the contract was not his. On March 1, 2014, discovery for the parties closed.
On December 1, 2014, the student's suit proceeded to trial. Which of the
following is true?
A: The judge could grant a motion for summary judgment on behalf of the
student.
© 2025/ 2026 | ® All rights reserved
, 2 | Page
B: The judge could grant a motion for summary judgment on behalf of the
landlord.
C: Depending on what other evidence is before the court concerning the
signature, the judge could potential
Ans: C
A consumer from State A filed a $100,000 products liability action in federal court
against a manufacturer incorporated and with its principal place of business in
State B. The consumer claimed that a flaw in the manufacturer's product had
resulted in severe injuries to the consumer. In its answer, the manufacturer
asserted a third-party complaint against the product designer, also incorporated
and with its principal place of business in State B. Believing that the consumer had
sued the wrong defendant, the manufacturer claimed both that the designer was
solely responsible for the flaw that had led to the consumer's injuries and that the
manufacturer was not at fault. The designer is aware that the manufacturer did
not follow all of the designer's specifications when making the product. Which of
the following arguments is most likely to achieve the designer's goal of dismissal of
the third-party complaint?
A: The c
Ans: D
A man's estate plan included a revocable trust established 35 years ago with a
bank as trustee. The principal asset of the trust has always been Blackacre, a very
profitable, debt-free office building. The trust instrument instructs the trustee to
pay the net income to the man for life, and, after the death of the man, to pay the
net income to his wife for life; and, after her death, to distribute the net trust
© 2025/ 2026 | ® All rights reserved
, 3 | Page
estate as she may appoint by will, or in default of her exercise of this power of
appointment, to the man's son (her stepson). The man died 30 years ago survived
by his wife and son. The man had not revoked or amended the trust agreement.
A few years after the man's death, his wife remarried. She then had a daughter,
was widowed for a second time, and then died last year. Her will contained only
one dispositive provision: "I give my entire estate to my daughter, and I
intentionally make no provision for my ste
Ans: C
A businessman who owned Blackacre and Whiteacre, two adjoining parcels,
conveyed Whiteacre to a gas company owner and covenanted in the deed to the
gas company owner that when he, the businessman, sold Blackacre he would
impose restrictive covenants to prohibit uses that would compete with the filling
station that the gas company owner intended to construct and operate on
Whiteacre. The deed was not recorded. The gas company owner constructed
and operated a filling station on Whiteacre and then conveyed Whiteacre to his
nephew, who continued the filling station use. The deed did not refer to the
restrictive covenant and was promptly and properly recorded. The businessman
then conveyed Blackacre to a man, who knew about the businessman's covenant
prohibiting the filling station use but nonetheless completed the transaction when
he noted that no such covenant was contained in the businessman's deed to him.
The man bega
Ans: A
A driver filed a diversity action against a mechanic in federal court in State A. The
mechanic was served with a complaint and summons by a 23- year-old law
student. The student is unknown to both the driver and the mechanic and is
working during the summer to pay for tuition. Which of the following is true?
© 2025/ 2026 | ® All rights reserved
, 4 | Page
A: The mechanic's attorney must answer the complaint within 14 days and should
not include an affirmative defense of insufficient service of process.
B: The mechanic's attorney should file a motion to dismiss for insufficient service
of process.
C: The mechanic's attorney must answer the complaint within 21 days and should
not include an affirmative defense of insufficient service of process.
D: The mechanic's attorney must answer the complaint and include an affirmative
defense of insufficient service of process.
Ans: C
By her validly executed will, a woman devised a certain tract of land to her son
for his life with remainder to such of his children as should be living at his death,
"Provided, however, that no such child of my son shall mortgage or sell, or
attempt to mortgage or sell, his or her interest in the property prior to attaining
25 years of age: and, if any such child of my son shall violate this provision, then
upon such violation his or her interest shall pass to and become the property of
the remaining children of my son then living, share and share alike." The woman's
will included an identical provision for each of her four other children concerning
four other tracts of land. The residuary clause of the will gave the residuary estate
to the woman's five children equally. The woman died and was survived by the
five children named in her will and by 11 grandchildren. Several additional
grandchildren have since been bo
Ans: D
© 2025/ 2026 | ® All rights reserved
