MULTISTATE BAR INFORMATION Practice Exam
**Question 1.** Which of the following is required for a federal court to have
diversity jurisdiction?
A) At least one party must be a citizen of a foreign country.
B) The amount in controversy must exceed $75,000.
C) The parties must be from the same state.
D) The case must arise under a federal statute.
Answer: B
Explanation: Diversity jurisdiction requires complete diversity of citizenship and an
amount in controversy exceeding $75,000.
**Question 2.** In the context of personal jurisdiction, “specific jurisdiction” is
based upon:
A) The defendant’s continuous and systematic contacts with the forum state.
B) The defendant’s purposeful availment of the forum state for the particular
claim.
C) The plaintiff’s residence in the forum state.
D) The location of the defendant’s principal place of business.
Answer: B
Explanation: Specific jurisdiction exists when the defendant’s contacts are related
to the claim at issue.
**Question 3.** Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a
motion to dismiss for failure to state a claim must be decided on the basis of:
,MULTISTATE BAR INFORMATION Practice Exam
A) The pleadings alone, assuming all factual allegations are true.
B) Evidence presented at trial.
C) The credibility of the parties.
D) The judge’s personal belief about the merits.
Answer: A
Explanation: The court assumes the factual allegations are true and determines
whether they state a cognizable claim.
**Question 4.** The Erie doctrine requires a federal court sitting in diversity to
apply:
A) Federal substantive law and state procedural law.
B) State substantive law and federal procedural law.
C) Federal common law in all cases.
D) State law only if the state law is “clearly established.”
Answer: B
Explanation: Erie mandates that substantive law be that of the state, while
procedural matters follow the Federal Rules.
**Question 5.** Which of the following is NOT a required element for class
certification under Rule 23(a)?
A) Numerosity.
B) Commonality.
,MULTISTATE BAR INFORMATION Practice Exam
C) Typicality.
D) Predominance.
Answer: D
Explanation: Predominance is required under Rule 23(b)(3), not the basic
prerequisites of Rule 23(a).
**Question 6.** The “work product” doctrine protects:
A) All documents prepared by a party for litigation.
B) Documents prepared in anticipation of litigation by an attorney or its agents.
C) Communications between a client and attorney that are not intended for
litigation.
D) Any evidence obtained illegally.
Answer: B
Explanation: Work product protection covers materials prepared by counsel in
anticipation of litigation.
**Question 7.** Which of the following statements correctly describes a
“compulsory joinder” under Rule 19?
A) A party may be joined if it would be necessary for complete relief.
B) A party may be joined if the party’s claim is unrelated to the main action.
C) A party must be joined if it is a necessary and indispensable party.
D) A party may be joined only if the plaintiff consents.
, MULTISTATE BAR INFORMATION Practice Exam
Answer: C
Explanation: Rule 19 requires joinder of parties whose absence would prevent a
just adjudication; they are deemed necessary and indispensable.
**Question 8.** The “battle of the forms” under UCC §2‑207 is resolved by:
A) The “last shot” rule, where the last form sent governs.
B) The mirror image rule, requiring exact agreement.
C) Acceptance that adds additional terms unless the offeror objects.
D) Ignoring all additional terms and applying default UCC provisions.
Answer: C
Explanation: Under §2‑207, a contract is formed despite additional terms, which
become part of the contract unless objected to.
**Question 9.** In a criminal case, the exclusionary rule most directly protects
which constitutional right?
A) Fifth Amendment right against self‑incrimination.
B) Fourth Amendment protection against unreasonable searches and seizures.
C) Sixth Amendment right to counsel.
D) Eighth Amendment protection against cruel punishment.
Answer: B
Explanation: The exclusionary rule bars use of evidence obtained in violation of
the Fourth Amendment.
**Question 1.** Which of the following is required for a federal court to have
diversity jurisdiction?
A) At least one party must be a citizen of a foreign country.
B) The amount in controversy must exceed $75,000.
C) The parties must be from the same state.
D) The case must arise under a federal statute.
Answer: B
Explanation: Diversity jurisdiction requires complete diversity of citizenship and an
amount in controversy exceeding $75,000.
**Question 2.** In the context of personal jurisdiction, “specific jurisdiction” is
based upon:
A) The defendant’s continuous and systematic contacts with the forum state.
B) The defendant’s purposeful availment of the forum state for the particular
claim.
C) The plaintiff’s residence in the forum state.
D) The location of the defendant’s principal place of business.
Answer: B
Explanation: Specific jurisdiction exists when the defendant’s contacts are related
to the claim at issue.
**Question 3.** Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a
motion to dismiss for failure to state a claim must be decided on the basis of:
,MULTISTATE BAR INFORMATION Practice Exam
A) The pleadings alone, assuming all factual allegations are true.
B) Evidence presented at trial.
C) The credibility of the parties.
D) The judge’s personal belief about the merits.
Answer: A
Explanation: The court assumes the factual allegations are true and determines
whether they state a cognizable claim.
**Question 4.** The Erie doctrine requires a federal court sitting in diversity to
apply:
A) Federal substantive law and state procedural law.
B) State substantive law and federal procedural law.
C) Federal common law in all cases.
D) State law only if the state law is “clearly established.”
Answer: B
Explanation: Erie mandates that substantive law be that of the state, while
procedural matters follow the Federal Rules.
**Question 5.** Which of the following is NOT a required element for class
certification under Rule 23(a)?
A) Numerosity.
B) Commonality.
,MULTISTATE BAR INFORMATION Practice Exam
C) Typicality.
D) Predominance.
Answer: D
Explanation: Predominance is required under Rule 23(b)(3), not the basic
prerequisites of Rule 23(a).
**Question 6.** The “work product” doctrine protects:
A) All documents prepared by a party for litigation.
B) Documents prepared in anticipation of litigation by an attorney or its agents.
C) Communications between a client and attorney that are not intended for
litigation.
D) Any evidence obtained illegally.
Answer: B
Explanation: Work product protection covers materials prepared by counsel in
anticipation of litigation.
**Question 7.** Which of the following statements correctly describes a
“compulsory joinder” under Rule 19?
A) A party may be joined if it would be necessary for complete relief.
B) A party may be joined if the party’s claim is unrelated to the main action.
C) A party must be joined if it is a necessary and indispensable party.
D) A party may be joined only if the plaintiff consents.
, MULTISTATE BAR INFORMATION Practice Exam
Answer: C
Explanation: Rule 19 requires joinder of parties whose absence would prevent a
just adjudication; they are deemed necessary and indispensable.
**Question 8.** The “battle of the forms” under UCC §2‑207 is resolved by:
A) The “last shot” rule, where the last form sent governs.
B) The mirror image rule, requiring exact agreement.
C) Acceptance that adds additional terms unless the offeror objects.
D) Ignoring all additional terms and applying default UCC provisions.
Answer: C
Explanation: Under §2‑207, a contract is formed despite additional terms, which
become part of the contract unless objected to.
**Question 9.** In a criminal case, the exclusionary rule most directly protects
which constitutional right?
A) Fifth Amendment right against self‑incrimination.
B) Fourth Amendment protection against unreasonable searches and seizures.
C) Sixth Amendment right to counsel.
D) Eighth Amendment protection against cruel punishment.
Answer: B
Explanation: The exclusionary rule bars use of evidence obtained in violation of
the Fourth Amendment.
