California Bar Exam Practice 2026 – 190 MBE Questions with
Answers & Detailed Rationales, Civil Procedure, Constitutional Law,
Contracts, Criminal Law & Procedure, Evidence, Real Property &
Torts
Civil Procedure (Questions 1–27)
Question 1
A plaintiff, a citizen of Texas, sued a defendant, a citizen of Louisiana, in federal court for
breach of contract, seeking $90,000. The defendant moved to dismiss for lack of subject-
matter jurisdiction. How should the court rule?
A. Grant the motion, because the amount in controversy does not exceed $75,000.
B. Deny the motion, because diversity jurisdiction exists.
C. Grant the motion, because the parties are not completely diverse.
D. Deny the motion, but only if the plaintiff amends the complaint to seek more damages.
Correct Answer: B
Explanation: Complete diversity exists between citizens of different states, and $90,000
exceeds the $75,000 threshold for diversity jurisdiction.
Question 2
A plaintiff sued a defendant in state court for negligence. The defendant timely removed to
federal court based on diversity. One year later, the plaintiff discovered that the defendant
had fraudulently concealed evidence establishing federal question jurisdiction. The plaintiff
now moves to remand. How should the court rule?
A. Deny remand, because the plaintiff waived the right to challenge removal by waiting one
year.
,B. Grant remand, because the one-year limit for removal based on diversity does not bar
remand for lack of subject-matter jurisdiction.
C. Deny remand, because the defendant's removal was procedurally proper at the time filed.
D. Grant remand, but only if the plaintiff can prove the fraud by clear and convincing
evidence.
Correct Answer: B
Explanation: Lack of subject-matter jurisdiction may be raised at any time, and the one-year
removal deadline does not apply to federal question cases.
Question 3
A plaintiff filed suit in federal court alleging violations of both federal and state law. The
federal claim was dismissed early in the litigation. The court must decide whether to exercise
supplemental jurisdiction over the remaining state claim. Which factor is LEAST relevant to
this determination?
A. Whether the state claim raises a novel or complex issue of state law.
B. Whether the state claim substantially predominates over the federal claim.
C. Whether the plaintiff originally filed the state claim in state court.
D. Whether the federal claim was dismissed before trial.
Correct Answer: C
Explanation: The court considers novelty, predominance, and timing of dismissal, but not
whether the plaintiff could have filed in state court.
Question 4
A defendant failed to respond to a complaint within the required time. The plaintiff moved
for entry of default. Before the clerk entered default, the defendant filed an answer. The
plaintiff argues the answer is untimely. What is the most likely outcome?
,A. The court must strike the answer as untimely and enter default.
B. The court may accept the answer if the defendant shows good cause for the delay.
C. The court must enter default judgment automatically upon the plaintiff's motion.
D. The court lacks authority to accept a late answer under any circumstances.
Correct Answer: B
Explanation: Courts have discretion to permit late answers upon a showing of good cause,
excusable neglect, or when no prejudice results.
Question 5
A plaintiff sued a defendant in federal court. During discovery, the plaintiff served
interrogatories asking for the defendant's opinion on the ultimate issue of liability. The
defendant objected. How should the court rule?
A. Sustain the objection, because interrogatories may not seek opinions on ultimate issues.
B. Overrule the objection, because interrogatories may seek opinions relating to facts or the
application of law to fact.
C. Sustain the objection, because only depositions may seek opinion testimony.
D. Overrule the objection, but only if the defendant is a corporate entity.
Correct Answer: B
Explanation: Federal Rule 33 permits interrogatories seeking opinions on facts or the
application of law to fact, though not pure legal conclusions.
Question 6
A plaintiff sued a defendant in federal court. The plaintiff served a request for production of
documents. The defendant responded by producing 10,000 pages of documents, including
, 500 pages of privileged material, without any privilege log. The plaintiff moves to compel.
What is the most appropriate remedy?
A. The court must deem the privilege waived entirely.
B. The court may order the defendant to produce a privilege log and may impose sanctions.
C. The court must dismiss the defendant's counterclaims as a sanction.
D. The court lacks authority to address the failure to provide a privilege log.
Correct Answer: B
Explanation: A party withholding privileged material must provide a privilege log; failure may
result in a court order to produce the log and sanctions.
Question 7
A plaintiff sued a defendant in federal court. The plaintiff failed to disclose an expert witness
during discovery as required. At trial, the plaintiff attempts to call the expert. The defendant
objects. How should the court rule?
A. Permit the testimony, because expert testimony is always admissible.
B. Exclude the testimony unless the plaintiff's failure was substantially justified or harmless.
C. Exclude the testimony automatically, because the disclosure deadline was missed.
D. Permit the testimony, but only if the expert testifies without compensation.
Correct Answer: B
Explanation: Under Rule 37(c)(1), a party failing to disclose an expert may not use that
witness unless the failure was substantially justified or harmless.
Question 8
Answers & Detailed Rationales, Civil Procedure, Constitutional Law,
Contracts, Criminal Law & Procedure, Evidence, Real Property &
Torts
Civil Procedure (Questions 1–27)
Question 1
A plaintiff, a citizen of Texas, sued a defendant, a citizen of Louisiana, in federal court for
breach of contract, seeking $90,000. The defendant moved to dismiss for lack of subject-
matter jurisdiction. How should the court rule?
A. Grant the motion, because the amount in controversy does not exceed $75,000.
B. Deny the motion, because diversity jurisdiction exists.
C. Grant the motion, because the parties are not completely diverse.
D. Deny the motion, but only if the plaintiff amends the complaint to seek more damages.
Correct Answer: B
Explanation: Complete diversity exists between citizens of different states, and $90,000
exceeds the $75,000 threshold for diversity jurisdiction.
Question 2
A plaintiff sued a defendant in state court for negligence. The defendant timely removed to
federal court based on diversity. One year later, the plaintiff discovered that the defendant
had fraudulently concealed evidence establishing federal question jurisdiction. The plaintiff
now moves to remand. How should the court rule?
A. Deny remand, because the plaintiff waived the right to challenge removal by waiting one
year.
,B. Grant remand, because the one-year limit for removal based on diversity does not bar
remand for lack of subject-matter jurisdiction.
C. Deny remand, because the defendant's removal was procedurally proper at the time filed.
D. Grant remand, but only if the plaintiff can prove the fraud by clear and convincing
evidence.
Correct Answer: B
Explanation: Lack of subject-matter jurisdiction may be raised at any time, and the one-year
removal deadline does not apply to federal question cases.
Question 3
A plaintiff filed suit in federal court alleging violations of both federal and state law. The
federal claim was dismissed early in the litigation. The court must decide whether to exercise
supplemental jurisdiction over the remaining state claim. Which factor is LEAST relevant to
this determination?
A. Whether the state claim raises a novel or complex issue of state law.
B. Whether the state claim substantially predominates over the federal claim.
C. Whether the plaintiff originally filed the state claim in state court.
D. Whether the federal claim was dismissed before trial.
Correct Answer: C
Explanation: The court considers novelty, predominance, and timing of dismissal, but not
whether the plaintiff could have filed in state court.
Question 4
A defendant failed to respond to a complaint within the required time. The plaintiff moved
for entry of default. Before the clerk entered default, the defendant filed an answer. The
plaintiff argues the answer is untimely. What is the most likely outcome?
,A. The court must strike the answer as untimely and enter default.
B. The court may accept the answer if the defendant shows good cause for the delay.
C. The court must enter default judgment automatically upon the plaintiff's motion.
D. The court lacks authority to accept a late answer under any circumstances.
Correct Answer: B
Explanation: Courts have discretion to permit late answers upon a showing of good cause,
excusable neglect, or when no prejudice results.
Question 5
A plaintiff sued a defendant in federal court. During discovery, the plaintiff served
interrogatories asking for the defendant's opinion on the ultimate issue of liability. The
defendant objected. How should the court rule?
A. Sustain the objection, because interrogatories may not seek opinions on ultimate issues.
B. Overrule the objection, because interrogatories may seek opinions relating to facts or the
application of law to fact.
C. Sustain the objection, because only depositions may seek opinion testimony.
D. Overrule the objection, but only if the defendant is a corporate entity.
Correct Answer: B
Explanation: Federal Rule 33 permits interrogatories seeking opinions on facts or the
application of law to fact, though not pure legal conclusions.
Question 6
A plaintiff sued a defendant in federal court. The plaintiff served a request for production of
documents. The defendant responded by producing 10,000 pages of documents, including
, 500 pages of privileged material, without any privilege log. The plaintiff moves to compel.
What is the most appropriate remedy?
A. The court must deem the privilege waived entirely.
B. The court may order the defendant to produce a privilege log and may impose sanctions.
C. The court must dismiss the defendant's counterclaims as a sanction.
D. The court lacks authority to address the failure to provide a privilege log.
Correct Answer: B
Explanation: A party withholding privileged material must provide a privilege log; failure may
result in a court order to produce the log and sanctions.
Question 7
A plaintiff sued a defendant in federal court. The plaintiff failed to disclose an expert witness
during discovery as required. At trial, the plaintiff attempts to call the expert. The defendant
objects. How should the court rule?
A. Permit the testimony, because expert testimony is always admissible.
B. Exclude the testimony unless the plaintiff's failure was substantially justified or harmless.
C. Exclude the testimony automatically, because the disclosure deadline was missed.
D. Permit the testimony, but only if the expert testifies without compensation.
Correct Answer: B
Explanation: Under Rule 37(c)(1), a party failing to disclose an expert may not use that
witness unless the failure was substantially justified or harmless.
Question 8
