Multistate Bar Examination (MBE)
Practice Exam Questions And Correct
Answers (Verified Answers) Plus
Rationales 2025|2026 Q&A | Instant
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1.
A homeowner negligently left a rake in the middle of the sidewalk. A
passerby tripped and broke his ankle. The passerby sues. What is the likely
result?
A. Homeowner is not liable because the passerby should have looked down
B. Homeowner is liable because he created an unreasonable risk
C. Homeowner is liable because negligence caused foreseeable harm
D. Homeowner is not liable because the injury was not intentional
,Negligence requires duty, breach, causation, and damages. Leaving the
rake breached a duty of reasonable care. The harm was foreseeable.
Liability follows.
2.
A defendant intended to punch X but missed and hit Y instead. What crime
has the defendant committed?
A. No crime, because Y was not intended
B. Battery against Y
C. Attempted battery against X only
D. Assault against X
Transferred intent applies. Intent to hit X transfers to Y. The completed
unlawful contact with Y is battery.
3.
Congress passes a law requiring all newspapers to submit articles for federal
approval before publication. What is the constitutional issue?
A. Equal Protection
B. Prior restraint violating the First Amendment
C. Takings Clause violation
D. Substantive Due Process
,A requirement of government pre-approval before publishing is a classic
prior restraint. Prior restraints are presumptively unconstitutional.
4.
A landlord orally leases a warehouse to a tenant for two years. After one
year, the landlord seeks eviction, claiming the lease is unenforceable.
Result?
A. Lease is void under parol evidence rule
B. Lease is unenforceable because oral contracts are never binding
C. Lease is unenforceable under the Statute of Frauds
D. Lease is valid because it was partly performed
Leases longer than one year fall within the Statute of Frauds. A two-year
oral lease is unenforceable absent a signed writing.
5.
A defendant was arrested without probable cause. At trial, the prosecution
seeks to admit evidence obtained as a result of the arrest. Defense objects.
What is the likely ruling?
A. Admit because the arrest defect does not matter
B. Admit unless police acted in bad faith
C. Exclude under the exclusionary rule
D. Admit because of inevitable discovery
, An arrest without probable cause violates the Fourth Amendment.
Evidence obtained as a direct result must be excluded.
6.
A store posts a sign: “Shoes, $20. First come, first served.” A customer
arrives demanding a pair. Is there a contract?
A. No, because advertisements are invitations to deal
B. Yes, because this is a unilateral offer accepted by performance
C. No, because no acceptance occurred
D. Yes, because the sign is a bilateral contract
Advertisements are generally invitations, but if they are clear, definite, and
explicit, leaving nothing open to negotiation, they constitute offers. “First
come, first served” is an offer.
7.
Plaintiff sues Defendant in federal court for negligence. Plaintiff is from
State A, Defendant is from State B. The amount in controversy is $60,000. Is
jurisdiction proper?
A. No, because negligence is a state claim
B. No, because federal question jurisdiction is required
C. Yes, because diversity jurisdiction exists
D. Yes, because any case can be heard in federal court
Practice Exam Questions And Correct
Answers (Verified Answers) Plus
Rationales 2025|2026 Q&A | Instant
Download Pdf
1.
A homeowner negligently left a rake in the middle of the sidewalk. A
passerby tripped and broke his ankle. The passerby sues. What is the likely
result?
A. Homeowner is not liable because the passerby should have looked down
B. Homeowner is liable because he created an unreasonable risk
C. Homeowner is liable because negligence caused foreseeable harm
D. Homeowner is not liable because the injury was not intentional
,Negligence requires duty, breach, causation, and damages. Leaving the
rake breached a duty of reasonable care. The harm was foreseeable.
Liability follows.
2.
A defendant intended to punch X but missed and hit Y instead. What crime
has the defendant committed?
A. No crime, because Y was not intended
B. Battery against Y
C. Attempted battery against X only
D. Assault against X
Transferred intent applies. Intent to hit X transfers to Y. The completed
unlawful contact with Y is battery.
3.
Congress passes a law requiring all newspapers to submit articles for federal
approval before publication. What is the constitutional issue?
A. Equal Protection
B. Prior restraint violating the First Amendment
C. Takings Clause violation
D. Substantive Due Process
,A requirement of government pre-approval before publishing is a classic
prior restraint. Prior restraints are presumptively unconstitutional.
4.
A landlord orally leases a warehouse to a tenant for two years. After one
year, the landlord seeks eviction, claiming the lease is unenforceable.
Result?
A. Lease is void under parol evidence rule
B. Lease is unenforceable because oral contracts are never binding
C. Lease is unenforceable under the Statute of Frauds
D. Lease is valid because it was partly performed
Leases longer than one year fall within the Statute of Frauds. A two-year
oral lease is unenforceable absent a signed writing.
5.
A defendant was arrested without probable cause. At trial, the prosecution
seeks to admit evidence obtained as a result of the arrest. Defense objects.
What is the likely ruling?
A. Admit because the arrest defect does not matter
B. Admit unless police acted in bad faith
C. Exclude under the exclusionary rule
D. Admit because of inevitable discovery
, An arrest without probable cause violates the Fourth Amendment.
Evidence obtained as a direct result must be excluded.
6.
A store posts a sign: “Shoes, $20. First come, first served.” A customer
arrives demanding a pair. Is there a contract?
A. No, because advertisements are invitations to deal
B. Yes, because this is a unilateral offer accepted by performance
C. No, because no acceptance occurred
D. Yes, because the sign is a bilateral contract
Advertisements are generally invitations, but if they are clear, definite, and
explicit, leaving nothing open to negotiation, they constitute offers. “First
come, first served” is an offer.
7.
Plaintiff sues Defendant in federal court for negligence. Plaintiff is from
State A, Defendant is from State B. The amount in controversy is $60,000. Is
jurisdiction proper?
A. No, because negligence is a state claim
B. No, because federal question jurisdiction is required
C. Yes, because diversity jurisdiction exists
D. Yes, because any case can be heard in federal court
