MULTISTATE BAR EXAMINATION (MBE) 100 QUESTIONS
AND CORRECT DETAILED ANSWERS FOR GUARANTEED
SUCCESS / NEWEST 2025/2026 GRADED A+||BRAND
NEW VERSION!!
1. A statute requires all contracts for the sale of land to be in writing. A buyer orally agrees
to purchase land and pays the full price. The seller later refuses to convey the land. What
is the buyer’s best argument to enforce the contract?
A. Mutual assent
B. Consideration
C. Part performance
D. Promissory estoppel
Part performance (payment, possession, improvements) removes a land contract from
the Statute of Frauds.
2. A defendant intentionally places another in reasonable apprehension of imminent
harmful contact. No physical contact occurs. Which tort has been committed?
A. Battery
B. False imprisonment
C. Assault
D. Negligence
Assault requires intent and reasonable apprehension of imminent contact.
3. Which statement best describes the duty of care owed by a landowner to a trespasser?
A. Reasonable care
B. Duty to inspect
C. Duty to warn of known dangers
D. Duty to avoid willful or wanton harm
Landowners owe minimal duty to trespassers.
4. A valid consideration must be:
A. Adequate
B. Equal in value
C. Beneficial to both parties
D. Bargained-for exchange
Courts do not examine adequacy, only whether it was bargained for.
,5. Under the Fourth Amendment, a search conducted without a warrant is per se
unreasonable unless:
A. Probable cause exists
B. Officer has reasonable suspicion
C. An exception applies
D. Evidence is in plain view
Warrantless searches require an established exception.
6. A statement made by a party and offered against that party is classified as:
A. Hearsay
B. Character evidence
C. Admission of a party-opponent
D. Prior inconsistent statement
Admissions are defined as non-hearsay.
7. In a negligence action, which element is established by showing actual cause and
proximate cause?
A. Duty
B. Breach
C. Causation
D. Damages
Causation requires both cause-in-fact and proximate cause.
8. Under common law, which crime requires both a taking and carrying away?
A. Robbery
B. Burglary
C. Embezzlement
D. Larceny
Asportation is required for larceny.
9. A corporation incorporated in Delaware with its principal place of business in New York
is a citizen of:
A. Delaware only
B. New York only
C. Delaware and New York
D. Any state where it conducts business
Corporate citizenship includes incorporation and principal place of business.
10. An acceptance that adds new terms is treated as:
A. Valid acceptance
, B. Counteroffer
C. Acceptance under UCC if not material
D. Rejection
Under UCC 2-207, non-material additions may still form a contract.
11. Which interest in land is freely devisable, descendible, and alienable?
A. Life estate
B. Fee tail
C. Fee simple absolute
D. Defeasible fee
Fee simple absolute is the most complete ownership interest.
12. A confession obtained after a suspect invoked the right to counsel is:
A. Admissible
B. Voluntary
C. Inadmissible
D. Subject to harmless error
Interrogation must cease once counsel is requested.
13. A witness’s prior inconsistent statement given under oath is:
A. Always hearsay
B. Non-hearsay
C. Character evidence
D. Privileged
Sworn prior inconsistent statements are admissible substantively.
14. A defendant breaches a duty owed to the plaintiff, but the plaintiff suffers no actual
injury. The plaintiff will recover:
A. Compensatory damages
B. Punitive damages
C. Nothing
D. Nominal damages
Actual damages are required for negligence.
15. Under the UCC, risk of loss passes to the buyer when:
A. Contract is signed
B. Goods are identified
C. Seller completes delivery obligations
D. Buyer pays
Risk depends on delivery terms.
AND CORRECT DETAILED ANSWERS FOR GUARANTEED
SUCCESS / NEWEST 2025/2026 GRADED A+||BRAND
NEW VERSION!!
1. A statute requires all contracts for the sale of land to be in writing. A buyer orally agrees
to purchase land and pays the full price. The seller later refuses to convey the land. What
is the buyer’s best argument to enforce the contract?
A. Mutual assent
B. Consideration
C. Part performance
D. Promissory estoppel
Part performance (payment, possession, improvements) removes a land contract from
the Statute of Frauds.
2. A defendant intentionally places another in reasonable apprehension of imminent
harmful contact. No physical contact occurs. Which tort has been committed?
A. Battery
B. False imprisonment
C. Assault
D. Negligence
Assault requires intent and reasonable apprehension of imminent contact.
3. Which statement best describes the duty of care owed by a landowner to a trespasser?
A. Reasonable care
B. Duty to inspect
C. Duty to warn of known dangers
D. Duty to avoid willful or wanton harm
Landowners owe minimal duty to trespassers.
4. A valid consideration must be:
A. Adequate
B. Equal in value
C. Beneficial to both parties
D. Bargained-for exchange
Courts do not examine adequacy, only whether it was bargained for.
,5. Under the Fourth Amendment, a search conducted without a warrant is per se
unreasonable unless:
A. Probable cause exists
B. Officer has reasonable suspicion
C. An exception applies
D. Evidence is in plain view
Warrantless searches require an established exception.
6. A statement made by a party and offered against that party is classified as:
A. Hearsay
B. Character evidence
C. Admission of a party-opponent
D. Prior inconsistent statement
Admissions are defined as non-hearsay.
7. In a negligence action, which element is established by showing actual cause and
proximate cause?
A. Duty
B. Breach
C. Causation
D. Damages
Causation requires both cause-in-fact and proximate cause.
8. Under common law, which crime requires both a taking and carrying away?
A. Robbery
B. Burglary
C. Embezzlement
D. Larceny
Asportation is required for larceny.
9. A corporation incorporated in Delaware with its principal place of business in New York
is a citizen of:
A. Delaware only
B. New York only
C. Delaware and New York
D. Any state where it conducts business
Corporate citizenship includes incorporation and principal place of business.
10. An acceptance that adds new terms is treated as:
A. Valid acceptance
, B. Counteroffer
C. Acceptance under UCC if not material
D. Rejection
Under UCC 2-207, non-material additions may still form a contract.
11. Which interest in land is freely devisable, descendible, and alienable?
A. Life estate
B. Fee tail
C. Fee simple absolute
D. Defeasible fee
Fee simple absolute is the most complete ownership interest.
12. A confession obtained after a suspect invoked the right to counsel is:
A. Admissible
B. Voluntary
C. Inadmissible
D. Subject to harmless error
Interrogation must cease once counsel is requested.
13. A witness’s prior inconsistent statement given under oath is:
A. Always hearsay
B. Non-hearsay
C. Character evidence
D. Privileged
Sworn prior inconsistent statements are admissible substantively.
14. A defendant breaches a duty owed to the plaintiff, but the plaintiff suffers no actual
injury. The plaintiff will recover:
A. Compensatory damages
B. Punitive damages
C. Nothing
D. Nominal damages
Actual damages are required for negligence.
15. Under the UCC, risk of loss passes to the buyer when:
A. Contract is signed
B. Goods are identified
C. Seller completes delivery obligations
D. Buyer pays
Risk depends on delivery terms.
