Multistate Bar Examination (MBE) Exam
Questions and Correct Answers (Verified
Answers) Plus Rationale 2027 Q&A| Instant
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1. Civil Procedure
A plaintiff from State A filed a negligence action against a defendant
from State B in federal court in State A. The plaintiff seeks $100,000 in
damages. The defendant was served with process while temporarily
visiting State A. The defendant moves to dismiss for lack of personal
jurisdiction.
Which of the following is the strongest basis for the court to exercise
personal jurisdiction over the defendant?
A. The plaintiff is a citizen of State A.
B. The defendant owns property in State B.
C. The defendant was physically present in State A when served.
D. The defendant has a general reputation for doing business
nationally.
,Correct Answer: C. The defendant was physically present in State A
when served.
Rationale: Under the traditional rule of transient or tag jurisdiction, a
defendant who is physically present in the forum state and properly
served with process generally is subject to personal jurisdiction, even
if the defendant's presence is temporary and unrelated to the lawsuit.
The plaintiff's citizenship alone does not establish personal
jurisdiction, and property or nationwide business activity does not
necessarily establish jurisdiction in State A.
2. Contracts
A homeowner orally promised a contractor that she would pay $20,000
to remodel her kitchen. The contractor completed the work, and the
homeowner refused to pay. The homeowner argues that the
agreement is unenforceable because it was not in writing.
Which of the following is most accurate?
A. The agreement is unenforceable because all construction contracts
must be in writing.
B. The agreement is enforceable because the contractor fully
performed.
,C. The agreement is unenforceable because the price exceeds $500.
D. The agreement is enforceable only if the homeowner admits making
the promise.
Correct Answer: B. The agreement is enforceable because the
contractor fully performed.
Rationale: The Statute of Frauds generally requires certain
agreements, including contracts involving interests in land and
contracts that cannot be performed within one year, to be in writing.
An ordinary agreement to provide construction services is not
automatically subject to the Statute of Frauds merely because the
contract involves a large amount of money. Moreover, full
performance by one party can remove a contract from certain Statute
of Frauds defenses.
3. Torts
A driver negligently ran a red light and struck a pedestrian. The
pedestrian suffered a broken leg and required medical treatment. The
driver argues that the pedestrian was partly responsible because the
pedestrian was looking at a phone while crossing the street.
, If the jurisdiction follows a pure comparative negligence rule, which of
the following is true?
A. The pedestrian is barred from recovery if the pedestrian was more
than 50% responsible.
B. The pedestrian is barred from recovery if the pedestrian was at least
50% responsible.
C. The pedestrian may recover damages reduced by the pedestrian's
percentage of fault.
D. The pedestrian may recover full damages because the driver violated
a traffic law.
Correct Answer: C. The pedestrian may recover damages reduced by
the pedestrian's percentage of fault.
Rationale: Under pure comparative negligence, a plaintiff may recover
even when the plaintiff is primarily responsible for the injury. The
damages are reduced according to the plaintiff's percentage of fault.
Modified comparative negligence jurisdictions may bar recovery at a
specified percentage, but pure comparative negligence does not.
4. Evidence
Questions and Correct Answers (Verified
Answers) Plus Rationale 2027 Q&A| Instant
Download Pdf
1. Civil Procedure
A plaintiff from State A filed a negligence action against a defendant
from State B in federal court in State A. The plaintiff seeks $100,000 in
damages. The defendant was served with process while temporarily
visiting State A. The defendant moves to dismiss for lack of personal
jurisdiction.
Which of the following is the strongest basis for the court to exercise
personal jurisdiction over the defendant?
A. The plaintiff is a citizen of State A.
B. The defendant owns property in State B.
C. The defendant was physically present in State A when served.
D. The defendant has a general reputation for doing business
nationally.
,Correct Answer: C. The defendant was physically present in State A
when served.
Rationale: Under the traditional rule of transient or tag jurisdiction, a
defendant who is physically present in the forum state and properly
served with process generally is subject to personal jurisdiction, even
if the defendant's presence is temporary and unrelated to the lawsuit.
The plaintiff's citizenship alone does not establish personal
jurisdiction, and property or nationwide business activity does not
necessarily establish jurisdiction in State A.
2. Contracts
A homeowner orally promised a contractor that she would pay $20,000
to remodel her kitchen. The contractor completed the work, and the
homeowner refused to pay. The homeowner argues that the
agreement is unenforceable because it was not in writing.
Which of the following is most accurate?
A. The agreement is unenforceable because all construction contracts
must be in writing.
B. The agreement is enforceable because the contractor fully
performed.
,C. The agreement is unenforceable because the price exceeds $500.
D. The agreement is enforceable only if the homeowner admits making
the promise.
Correct Answer: B. The agreement is enforceable because the
contractor fully performed.
Rationale: The Statute of Frauds generally requires certain
agreements, including contracts involving interests in land and
contracts that cannot be performed within one year, to be in writing.
An ordinary agreement to provide construction services is not
automatically subject to the Statute of Frauds merely because the
contract involves a large amount of money. Moreover, full
performance by one party can remove a contract from certain Statute
of Frauds defenses.
3. Torts
A driver negligently ran a red light and struck a pedestrian. The
pedestrian suffered a broken leg and required medical treatment. The
driver argues that the pedestrian was partly responsible because the
pedestrian was looking at a phone while crossing the street.
, If the jurisdiction follows a pure comparative negligence rule, which of
the following is true?
A. The pedestrian is barred from recovery if the pedestrian was more
than 50% responsible.
B. The pedestrian is barred from recovery if the pedestrian was at least
50% responsible.
C. The pedestrian may recover damages reduced by the pedestrian's
percentage of fault.
D. The pedestrian may recover full damages because the driver violated
a traffic law.
Correct Answer: C. The pedestrian may recover damages reduced by
the pedestrian's percentage of fault.
Rationale: Under pure comparative negligence, a plaintiff may recover
even when the plaintiff is primarily responsible for the injury. The
damages are reduced according to the plaintiff's percentage of fault.
Modified comparative negligence jurisdictions may bar recovery at a
specified percentage, but pure comparative negligence does not.
4. Evidence
