MBE (Multistate Bar Exam) practice test covering all 7
subjects: Constitutional Law, Contracts, Criminal Law &
Procedure, Evidence, Real Property, Torts, and Civil Procedure.
1. A federal statute required all public libraries to install specific internet filters or
lose federal funding. A city challenged the statute, claiming it violated the First
Amendment. What is the court most likely to decide?
A. The statute violates the First Amendment as a restriction on speech
B. The statute is valid under the Spending Clause of the Constitution
C. The statute violates the Tenth Amendment
D. The statute is unconstitutional because it affects state rights
Rationale: Congress may use its Spending Clause power to encourage compliance
with federal policies, as long as the conditions are related to the federal interest in
particular national projects or programs.
2. A man agreed to sell his car for $5,000, but later refused to deliver it. The buyer
sues. Which is the best measure of damages?
A. Emotional distress suffered by the buyer
B. Punitive damages
C. Difference between contract price and market price at the time of breach
D. The buyer's subjective value of the car
,Rationale: Under expectation damages in contract law, the injured party is
entitled to the benefit of the bargain, typically calculated as the difference
between contract price and market price.
3. Police received an anonymous tip that a man had drugs. Without further
investigation, they stopped and searched him, finding cocaine. Is the evidence
admissible?
A. No, the search violated the Fourth Amendment
B. Yes, because anonymous tips are always sufficient
C. Yes, because the man was in a high-crime area
D. No, but the good-faith exception applies
Rationale: An anonymous tip alone does not justify a stop-and-frisk. Police need
reasonable suspicion based on articulable facts.
4. A woman is on trial for battery. Her attorney asks a witness, “Did you see the
defendant hit the victim?” Which objection is most appropriate?
A. Hearsay
B. Irrelevant
C. Leading question
D. Speculation
Rationale: Leading questions suggest the answer and are generally not permitted
during direct examination, unless necessary.
, 5. A developer granted a neighbor a written easement across his property. The
neighbor later sold his land. The new owner is denied access. What result?
A. The easement was extinguished
B. The easement terminated with the original holder
C. The easement remains valid and enforceable
D. The easement was void because it was not recorded
Rationale: An express easement is an interest in land that generally runs with the
land and binds successors, assuming notice.
6. A pedestrian is hit by a cyclist and sues for negligence. At trial, the court finds
the pedestrian was 40% at fault. What result in a pure comparative negligence
state?
A. The pedestrian recovers nothing
B. The pedestrian recovers 60% of the damages
C. The cyclist is not liable
D. The pedestrian recovers all damages
Rationale: Under pure comparative negligence, the plaintiff’s recovery is reduced
by their percentage of fault but not barred.
7. A plaintiff files a lawsuit in federal court based only on state law claims. Both
parties are from the same state. Can the federal court hear the case?
A. Yes, under federal question jurisdiction
B. No, there is no federal jurisdiction
subjects: Constitutional Law, Contracts, Criminal Law &
Procedure, Evidence, Real Property, Torts, and Civil Procedure.
1. A federal statute required all public libraries to install specific internet filters or
lose federal funding. A city challenged the statute, claiming it violated the First
Amendment. What is the court most likely to decide?
A. The statute violates the First Amendment as a restriction on speech
B. The statute is valid under the Spending Clause of the Constitution
C. The statute violates the Tenth Amendment
D. The statute is unconstitutional because it affects state rights
Rationale: Congress may use its Spending Clause power to encourage compliance
with federal policies, as long as the conditions are related to the federal interest in
particular national projects or programs.
2. A man agreed to sell his car for $5,000, but later refused to deliver it. The buyer
sues. Which is the best measure of damages?
A. Emotional distress suffered by the buyer
B. Punitive damages
C. Difference between contract price and market price at the time of breach
D. The buyer's subjective value of the car
,Rationale: Under expectation damages in contract law, the injured party is
entitled to the benefit of the bargain, typically calculated as the difference
between contract price and market price.
3. Police received an anonymous tip that a man had drugs. Without further
investigation, they stopped and searched him, finding cocaine. Is the evidence
admissible?
A. No, the search violated the Fourth Amendment
B. Yes, because anonymous tips are always sufficient
C. Yes, because the man was in a high-crime area
D. No, but the good-faith exception applies
Rationale: An anonymous tip alone does not justify a stop-and-frisk. Police need
reasonable suspicion based on articulable facts.
4. A woman is on trial for battery. Her attorney asks a witness, “Did you see the
defendant hit the victim?” Which objection is most appropriate?
A. Hearsay
B. Irrelevant
C. Leading question
D. Speculation
Rationale: Leading questions suggest the answer and are generally not permitted
during direct examination, unless necessary.
, 5. A developer granted a neighbor a written easement across his property. The
neighbor later sold his land. The new owner is denied access. What result?
A. The easement was extinguished
B. The easement terminated with the original holder
C. The easement remains valid and enforceable
D. The easement was void because it was not recorded
Rationale: An express easement is an interest in land that generally runs with the
land and binds successors, assuming notice.
6. A pedestrian is hit by a cyclist and sues for negligence. At trial, the court finds
the pedestrian was 40% at fault. What result in a pure comparative negligence
state?
A. The pedestrian recovers nothing
B. The pedestrian recovers 60% of the damages
C. The cyclist is not liable
D. The pedestrian recovers all damages
Rationale: Under pure comparative negligence, the plaintiff’s recovery is reduced
by their percentage of fault but not barred.
7. A plaintiff files a lawsuit in federal court based only on state law claims. Both
parties are from the same state. Can the federal court hear the case?
A. Yes, under federal question jurisdiction
B. No, there is no federal jurisdiction
