Multistate Bar Examination (MBE)
Practice Exam Questions And Correct
Answers (Verified Answers) Plus
Rationales 2026 Q&A | Instant
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1. A man enters a store, takes a jacket from a rack, and leaves without
paying. Which crime has he committed?
A. Assault
B. Theft
C. Burglary
D. Embezzlement
Answer: B. Theft
Rationale: Theft involves the unlawful taking of property with the intent to
permanently deprive the owner of it. Burglary requires unlawful entry into a
structure.
,2. A plaintiff sues a defendant for negligence after slipping on a wet floor in
a store. Which element must the plaintiff prove?
A. Contract
B. Duty, breach, causation, and damages
C. Intent
D. Strict liability
Answer: B. Duty, breach, causation, and damages
Rationale: Negligence requires establishing that the defendant owed a duty
of care, breached it, caused the injury, and that the plaintiff suffered
damages.
3. Under the Fourth Amendment, which of the following is required for a
valid search warrant?
A. Consent from any neighbor
B. Probable cause supported by oath or affirmation
C. Mere suspicion
D. A prosecutor’s approval
Answer: B. Probable cause supported by oath or affirmation
Rationale: The Fourth Amendment protects against unreasonable searches
and seizures and requires probable cause for warrants.
,4. In contract law, consideration is:
A. A moral obligation
B. Something of value exchanged between parties
C. A gift
D. A unilateral promise
Answer: B. Something of value exchanged between parties
Rationale: Consideration is required for a contract to be enforceable and
involves a bargained-for exchange.
5. Which of the following is a defense to strict liability for an abnormally
dangerous activity?
A. Contributory negligence
B. Assumption of risk
C. No defense is generally available
D. Comparative negligence
Answer: C. No defense is generally available
Rationale: Strict liability for inherently dangerous activities generally does
not allow traditional negligence defenses.
6. A police officer arrests a suspect without a warrant in a public place. This
is:
A. Always unconstitutional
, B. Constitutionally permissible if there is probable cause
C. A violation of the First Amendment
D. A tort
Answer: B. Constitutionally permissible if there is probable cause
Rationale: Warrantless arrests in public are allowed when officers have
probable cause to believe a crime has been committed.
7. Under the U.S. Constitution, which branch has the power to make laws?
A. Executive
B. Judicial
C. Legislative
D. Administrative
Answer: C. Legislative
Rationale: Article I of the Constitution grants Congress the legislative power.
8. Which of the following is NOT an element of defamation?
A. False statement
B. Publication
C. Intent to harm
D. Damage to reputation
Practice Exam Questions And Correct
Answers (Verified Answers) Plus
Rationales 2026 Q&A | Instant
Download Pdf
1. A man enters a store, takes a jacket from a rack, and leaves without
paying. Which crime has he committed?
A. Assault
B. Theft
C. Burglary
D. Embezzlement
Answer: B. Theft
Rationale: Theft involves the unlawful taking of property with the intent to
permanently deprive the owner of it. Burglary requires unlawful entry into a
structure.
,2. A plaintiff sues a defendant for negligence after slipping on a wet floor in
a store. Which element must the plaintiff prove?
A. Contract
B. Duty, breach, causation, and damages
C. Intent
D. Strict liability
Answer: B. Duty, breach, causation, and damages
Rationale: Negligence requires establishing that the defendant owed a duty
of care, breached it, caused the injury, and that the plaintiff suffered
damages.
3. Under the Fourth Amendment, which of the following is required for a
valid search warrant?
A. Consent from any neighbor
B. Probable cause supported by oath or affirmation
C. Mere suspicion
D. A prosecutor’s approval
Answer: B. Probable cause supported by oath or affirmation
Rationale: The Fourth Amendment protects against unreasonable searches
and seizures and requires probable cause for warrants.
,4. In contract law, consideration is:
A. A moral obligation
B. Something of value exchanged between parties
C. A gift
D. A unilateral promise
Answer: B. Something of value exchanged between parties
Rationale: Consideration is required for a contract to be enforceable and
involves a bargained-for exchange.
5. Which of the following is a defense to strict liability for an abnormally
dangerous activity?
A. Contributory negligence
B. Assumption of risk
C. No defense is generally available
D. Comparative negligence
Answer: C. No defense is generally available
Rationale: Strict liability for inherently dangerous activities generally does
not allow traditional negligence defenses.
6. A police officer arrests a suspect without a warrant in a public place. This
is:
A. Always unconstitutional
, B. Constitutionally permissible if there is probable cause
C. A violation of the First Amendment
D. A tort
Answer: B. Constitutionally permissible if there is probable cause
Rationale: Warrantless arrests in public are allowed when officers have
probable cause to believe a crime has been committed.
7. Under the U.S. Constitution, which branch has the power to make laws?
A. Executive
B. Judicial
C. Legislative
D. Administrative
Answer: C. Legislative
Rationale: Article I of the Constitution grants Congress the legislative power.
8. Which of the following is NOT an element of defamation?
A. False statement
B. Publication
C. Intent to harm
D. Damage to reputation
