MULTISTATE BAR EXAMINATION (MBE)
PRACTICE EXAM QUESTIONS AND
CORRECT ANSWERS (VERIFIED
ANSWERS) PLUS RATIONALES 2026 Q&A
| INSTANT DOWNLOAD PDF
1. Constitutional Law
A state law requires all commercial advertisements to be approved by a state
board before publication. A business challenges the law. What is the most likely
constitutional issue?
A. Equal Protection Clause
B. Due Process Clause
C. First Amendment
D. Commerce Clause
Correct Answer: C. First Amendment
Rationale: The law directly regulates speech by requiring prior approval before
publication, which is a classic prior restraint. Prior restraints on speech are
highly disfavored under the First Amendment and are presumptively
unconstitutional unless the government can meet a very high burden, which is
rarely satisfied in commercial speech regulation.
2. Contracts
,A buyer offers to purchase a car for $5,000 and says, “I’ll hold the offer open for
two weeks.” The seller does not pay for this promise. Can the buyer enforce the
promise to keep the offer open?
A. Yes, because it is a firm offer
B. Yes, under promissory estoppel
C. No, because there is no consideration
D. No, because all offers are revocable
Correct Answer: C. No, because there is no consideration
Rationale: Under common law, an option contract requires consideration to keep
an offer open. A mere statement that an offer will remain open is not binding
unless supported by consideration or a statutory exception (such as UCC firm
offer rules for merchants).
3. Criminal Law
A person takes another’s wallet intending to return it after copying credit card
information. What crime has been committed?
A. No crime
B. Larceny
C. Embezzlement
D. False pretenses
Correct Answer: B. Larceny
Rationale: Larceny requires the trespassory taking and carrying away of
personal property with intent to permanently deprive. Even temporary
deprivation with intent to use or exploit property (such as copying credit cards)
satisfies intent in many jurisdictions.
4. Evidence
,A witness testifies that the defendant “looked nervous and guilty.” The defense
objects. What is the best ruling?
A. Admissible as lay opinion
B. Admissible as expert testimony
C. Inadmissible as improper opinion on guilt
D. Inadmissible hearsay
Correct Answer: C. Inadmissible as improper opinion on guilt
Rationale: Witnesses, whether lay or expert, may not directly opine on a
defendant’s guilt. Such statements invade the province of the jury. Observations
of demeanor may be allowed, but conclusions like “guilty” are improper.
5. Torts
A driver negligently hits a pedestrian. The pedestrian was texting and not looking.
What is the most likely defense?
A. Assumption of risk
B. Contributory negligence
C. Strict liability
D. Superseding cause
Correct Answer: B. Contributory negligence
Rationale: The pedestrian’s failure to exercise reasonable care for personal
safety (texting while walking) may reduce or bar recovery depending on
jurisdiction. This is classic contributory or comparative negligence analysis.
6. Civil Procedure
A defendant files a motion to dismiss for lack of personal jurisdiction. When must
this defense be raised?
, A. At any time
B. Only after trial begins
C. In the first responsive pleading or motion
D. Only on appeal
Correct Answer: C. In the first responsive pleading or motion
Rationale: Personal jurisdiction is waivable if not raised early. Under procedural
rules, it must be asserted in the first responsive pleading or pre-answer motion,
or it is waived.
7. Real Property
A tenant signs a 1-year lease but leaves after 3 months without justification. What
is the landlord’s duty?
A. Terminate lease automatically
B. Mitigate damages by attempting to re-rent
C. Sue immediately without mitigation
D. Evict remaining tenants only
Correct Answer: B. Mitigate damages by attempting to re-rent
Rationale: Modern landlord-tenant law requires landlords to mitigate damages
when a tenant abandons property. The landlord cannot simply sit back and
collect rent for the full term without reasonable efforts to re-rent.
8. Constitutional Law
Which level of scrutiny applies to laws discriminating based on race?
A. Rational basis
B. Intermediate scrutiny
C. Strict scrutiny
D. Undue burden test
PRACTICE EXAM QUESTIONS AND
CORRECT ANSWERS (VERIFIED
ANSWERS) PLUS RATIONALES 2026 Q&A
| INSTANT DOWNLOAD PDF
1. Constitutional Law
A state law requires all commercial advertisements to be approved by a state
board before publication. A business challenges the law. What is the most likely
constitutional issue?
A. Equal Protection Clause
B. Due Process Clause
C. First Amendment
D. Commerce Clause
Correct Answer: C. First Amendment
Rationale: The law directly regulates speech by requiring prior approval before
publication, which is a classic prior restraint. Prior restraints on speech are
highly disfavored under the First Amendment and are presumptively
unconstitutional unless the government can meet a very high burden, which is
rarely satisfied in commercial speech regulation.
2. Contracts
,A buyer offers to purchase a car for $5,000 and says, “I’ll hold the offer open for
two weeks.” The seller does not pay for this promise. Can the buyer enforce the
promise to keep the offer open?
A. Yes, because it is a firm offer
B. Yes, under promissory estoppel
C. No, because there is no consideration
D. No, because all offers are revocable
Correct Answer: C. No, because there is no consideration
Rationale: Under common law, an option contract requires consideration to keep
an offer open. A mere statement that an offer will remain open is not binding
unless supported by consideration or a statutory exception (such as UCC firm
offer rules for merchants).
3. Criminal Law
A person takes another’s wallet intending to return it after copying credit card
information. What crime has been committed?
A. No crime
B. Larceny
C. Embezzlement
D. False pretenses
Correct Answer: B. Larceny
Rationale: Larceny requires the trespassory taking and carrying away of
personal property with intent to permanently deprive. Even temporary
deprivation with intent to use or exploit property (such as copying credit cards)
satisfies intent in many jurisdictions.
4. Evidence
,A witness testifies that the defendant “looked nervous and guilty.” The defense
objects. What is the best ruling?
A. Admissible as lay opinion
B. Admissible as expert testimony
C. Inadmissible as improper opinion on guilt
D. Inadmissible hearsay
Correct Answer: C. Inadmissible as improper opinion on guilt
Rationale: Witnesses, whether lay or expert, may not directly opine on a
defendant’s guilt. Such statements invade the province of the jury. Observations
of demeanor may be allowed, but conclusions like “guilty” are improper.
5. Torts
A driver negligently hits a pedestrian. The pedestrian was texting and not looking.
What is the most likely defense?
A. Assumption of risk
B. Contributory negligence
C. Strict liability
D. Superseding cause
Correct Answer: B. Contributory negligence
Rationale: The pedestrian’s failure to exercise reasonable care for personal
safety (texting while walking) may reduce or bar recovery depending on
jurisdiction. This is classic contributory or comparative negligence analysis.
6. Civil Procedure
A defendant files a motion to dismiss for lack of personal jurisdiction. When must
this defense be raised?
, A. At any time
B. Only after trial begins
C. In the first responsive pleading or motion
D. Only on appeal
Correct Answer: C. In the first responsive pleading or motion
Rationale: Personal jurisdiction is waivable if not raised early. Under procedural
rules, it must be asserted in the first responsive pleading or pre-answer motion,
or it is waived.
7. Real Property
A tenant signs a 1-year lease but leaves after 3 months without justification. What
is the landlord’s duty?
A. Terminate lease automatically
B. Mitigate damages by attempting to re-rent
C. Sue immediately without mitigation
D. Evict remaining tenants only
Correct Answer: B. Mitigate damages by attempting to re-rent
Rationale: Modern landlord-tenant law requires landlords to mitigate damages
when a tenant abandons property. The landlord cannot simply sit back and
collect rent for the full term without reasonable efforts to re-rent.
8. Constitutional Law
Which level of scrutiny applies to laws discriminating based on race?
A. Rational basis
B. Intermediate scrutiny
C. Strict scrutiny
D. Undue burden test
