Bar Exam — MBE (Multistate Bar Exam) practice questions
225 free questions with answers and explanations.
- 1.A buyer and seller signed a written contract for the sale of Blackacre. The contract included the purchase price, a description of the property by metes and bounds, and the names of the parties. However, the contract did not specify a closing date. A few weeks later, the seller attempted to back out of the deal, claiming the contract was invalid due to the missing closing date. Is the seller's argument likely to succeed?Real Property
- 2.A pedestrian was walking on a public sidewalk when a poorly maintained awning from a commercial building detached and fell, striking and injuring her. The building owner had been aware for several months that the awning was corroded and unstable but had repeatedly postponed repairs. Which element of negligence will be easiest for the pedestrian to establish against the building owner?Torts
- 3.A motorist was driving through a dense fog when he suddenly encountered a stalled vehicle in the middle of the road. The motorist swerved to avoid the vehicle but collided with a guardrail, sustaining injuries. It was later determined that the stalled vehicle had broken down due to a manufacturing defect. The motorist sues the manufacturer of the stalled vehicle. If the jurisdiction applies pure comparative negligence, and the jury finds the motorist 30% at fault for driving too fast in the fog and the manufacturer 70% at fault for the defective vehicle, how much will the motorist recover if his total damages are $100,000?Torts
- 4.A famous celebrity, known for her distinctive perfume line, discovered that a rival company had launched a new fragrance with nearly identical packaging, bottle design, and scent, explicitly intending to confuse consumers into believing it was the celebrity's product. This confusion led to a significant decline in sales for the celebrity's perfume line. Which specific tort is the rival company most likely liable for?Torts
- 5.A commercial truck driver, while delivering goods, illegally parked his large truck in a no-parking zone directly in front of a busy crosswalk, completely obstructing the view of oncoming traffic for pedestrians. A child, attempting to cross the street at the crosswalk, stepped into the street without seeing an approaching car due to the truck's obstruction and was struck by the car. The child suffered serious injuries. The truck driver's actions were a violation of a city ordinance. In the child's negligence lawsuit against the truck driver, which of the following legal doctrines is most likely to establish the truck driver's breach of duty?Torts
- 6.A commercial landlord leased a retail space to a tenant for a term of five years. The lease agreement contained a clause stating, 'Tenant shall be responsible for all repairs to the interior of the leased premises, including but not limited to plumbing, electrical, and HVAC systems.' Two years into the lease, the roof of the building began to leak severely, causing significant damage to the tenant's inventory. The tenant notified the landlord, who refused to repair the roof, claiming the lease made the tenant responsible for 'all repairs.' Is the landlord obligated to repair the roof?Real Property
- 7.A tenant sued a landlord in federal court for violations of federal housing discrimination laws. The tenant also included a state-law claim for breach of the lease agreement. Both claims arose from the landlord's refusal to renew the lease. After discovery, the federal court granted summary judgment for the landlord on the federal discrimination claim. What is the most likely action the federal court will take regarding the remaining state-law breach of lease claim?Civil Procedure
- 8.A restaurant owner, frustrated by a persistent vagrant who slept in the doorway of his establishment every night, decided to install a motion-activated sprinkler system that would spray water whenever someone approached the doorway after closing hours. The owner's intent was solely to deter the vagrant, not to cause him harm. One night, the vagrant was sprayed by the system and, startled, fell and broke his arm. The vagrant sued the restaurant owner. Which of the following torts is the most likely basis for the vagrant's claim?Torts
- 9.A local newspaper published an article falsely stating that a prominent community leader had embezzled funds from a charity. The community leader, a well-known public figure, sued the newspaper for defamation. To succeed in his claim, the community leader must prove that the newspaper acted with:Torts
- 10.During a federal civil trial, the plaintiff introduces evidence that the defendant had previously settled a similar claim with another party. The defendant's attorney immediately objects, arguing that this evidence is inadmissible. The judge sustains the objection and instructs the jury to disregard the evidence. However, the defendant believes the evidence was so prejudicial that it tainted the jury's perception. What is the most appropriate motion for the defendant to make at the conclusion of the trial, before judgment is entered, to seek a new trial based on this issue?Civil Procedure
- 11.A city enacted a zoning ordinance that prohibited any new commercial development within a specific residential zone. Prior to the ordinance's enactment, a small grocery store had operated lawfully in that zone for 30 years. After the ordinance, the owner of the grocery store wished to expand the building by 20% to add a deli counter. The city denied the expansion, citing the new zoning ordinance. Which of the following best describes the grocery store's situation regarding the zoning ordinance?Real Property
- 12.A tenant rented an apartment under a two-year lease. Six months into the lease, the tenant assigned the lease to a new tenant (assignee) with the landlord's consent. The assignment agreement stated that the assignee would be solely responsible for all future rent payments and lease obligations. Three months later, the assignee defaulted on rent. The landlord sued the original tenant for the unpaid rent. Is the original tenant liable for the unpaid rent?Real Property
- 13.A buyer and seller entered into a written contract for the sale of a unique antique property. The contract specified a purchase price of $500,000 and a closing date of October 1st. The contract included a clause stating, 'Time is of the essence for all obligations under this contract.' On the closing date, the buyer arrived with the full payment, but the seller was unable to produce a clear title due to an unexpected, recently discovered lien. The buyer immediately declared the contract terminated and sued for damages. Is the buyer likely to succeed in terminating the contract and claiming damages?Real Property
- 14.A homeowner observed a trespasser attempting to break into his garage. Fearing for his property, the homeowner shouted a warning, then fired a warning shot into the air. The trespasser, startled by the gunshot, turned and fled, tripping over a garden hose and breaking his ankle. The homeowner was aware that the trespasser was unarmed and posed no immediate physical threat to him personally, only to his property. Can the homeowner be held liable for the trespasser's injury?Torts
- 15.A notoriously aggressive dog, owned by a professional dog trainer, escaped its enclosure and attacked a mail carrier on the street. The mail carrier suffered serious bites and required extensive medical treatment. The trainer had taken all reasonable precautions to secure the dog, including a reinforced fence and an electric collar, but the dog managed to dig under the fence. Under which theory is the mail carrier most likely to recover damages?Torts
- 16.A plaintiff filed a lawsuit in federal court alleging a claim under a federal statute. The defendant believes the plaintiff failed to state a claim upon which relief can be granted. The defendant files a motion to dismiss. Which of the following is the most appropriate grounds for the defendant's motion?Civil Procedure
- 17.A professional chef, known for his signature dish, discovered that a rival restaurant was advertising a dish with the exact same name and claiming it was 'the original.' The rival restaurant's dish, however, tasted significantly different and was of much lower quality, leading to negative reviews that mistakenly attributed the poor quality to the original chef. The professional chef suffered damage to his reputation and business. Which of the following torts is the most appropriate for the professional chef to pursue against the rival restaurant?Torts
- 18.A buyer and seller entered into a valid written contract for the sale of Blackacre. The contract specified a purchase price of $500,000, a closing date of June 1st, and described the property by its street address, '123 Oak Street, Anytown, State.' Before the closing, the buyer discovered that the property's legal description in the county records referred to 'Lot 7, Block B of the Anytown Subdivision,' which corresponds to 123 Oak Street. The buyer now refuses to close, claiming the contract's property description is insufficient. Is the buyer likely to prevail?Real Property
- 19.A motorist was driving through a dense fog when he suddenly encountered a stalled vehicle ahead. Despite driving cautiously for the conditions, he was unable to stop in time and collided with the stalled vehicle, causing damage. The driver of the stalled vehicle had negligently failed to put on hazard lights or place warning triangles. In a jurisdiction that applies pure comparative negligence, how would the damages likely be awarded?Torts
- 20.A professional dog walker was hired to walk a client's highly trained but notoriously aggressive show dog. While on a public sidewalk, the dog, without provocation, suddenly lunged and bit a passerby, causing severe injury. The dog walker had the dog on a leash and was exercising reasonable care. The passerby sued the dog's owner for strict liability. Which defense is most likely to fail for the owner?Torts
- 21.A pedestrian was walking past a construction site when a crane operator, distracted by his phone, accidentally dropped a heavy beam. The beam narrowly missed the pedestrian, who, although physically unharmed, suffered severe emotional distress requiring psychological treatment. If the pedestrian sues the construction company for negligent infliction of emotional distress, which of the following is the most likely outcome?Torts
- 22.A plaintiff filed a lawsuit against a state government agency in federal court, alleging violations of a federal statute. The state agency moved to dismiss the lawsuit, asserting Eleventh Amendment immunity. The federal statute at issue explicitly authorizes individuals to sue states for violations. Does the federal court have subject matter jurisdiction over the plaintiff's claim?Civil Procedure
- 23.A buyer entered into a contract to purchase a vacant lot for $100,000. The contract included a provision stating, 'Time is of the essence.' The closing was scheduled for October 1st. On September 30th, the buyer's financing fell through. The buyer contacted the seller and requested a 10-day extension, which the seller refused. On October 2nd, the buyer secured new financing and tendered the full purchase price to the seller. The seller refused to close, claiming the buyer breached the contract. Which of the following is the most likely outcome?Real Property
- 24.A renowned concert pianist, known for his delicate touch, sustained a severe laceration to his dominant hand after a notoriously unstable, custom-built stage prop unexpectedly collapsed during a rehearsal. The prop was designed and installed by a specialized theatrical fabrication company. The pianist had previously expressed concerns to the production manager about the prop's stability, but no additional safety measures were implemented. Which of the following is the most likely basis for strict liability against the theatrical fabrication company?Torts
- 25.A buyer and seller entered into a valid written contract for the sale of Blackacre. Before closing, the seller discovered that the property was worth significantly more than the contract price. The seller then refused to close, claiming that the contract was unenforceable because the legal description in the contract merely stated 'Blackacre, located at 123 Main Street, City, State.' The seller argued that this description was insufficient. Is the legal description sufficient to enforce the contract?Real Property
- 26.A plaintiff filed a complaint in federal court. The defendant believes the complaint contains insufficient detail regarding the factual basis of the claim. To challenge the sufficiency of the allegations, which type of motion should the defendant file?Civil Procedure
- 27.A plaintiff, a citizen of State A, filed a lawsuit in federal court in State A against a defendant, a citizen of State B, alleging breach of contract. The plaintiff sought $80,000 in damages. The contract was negotiated and executed in State C, and the alleged breach occurred in State D. The defendant moved to dismiss the case for lack of subject matter jurisdiction. How should the federal court rule on this motion?Civil Procedure
- 28.A tenant rented a commercial retail space from a landlord under a five-year lease. The lease agreement contained a covenant that prohibited the tenant from assigning or subletting the premises without the landlord's prior written consent. Two years into the lease, the tenant decided to sell their business and attempted to assign the lease to a new business owner. The landlord refused consent, stating only, 'I do not approve of this assignment.' The tenant subsequently assigned the lease anyway. The new business owner defaulted on rent payments. Who is liable for the unpaid rent?Real Property
- 29.A landlord leased a commercial property to a tenant for a term of five years. The lease agreement included a clause stating that the landlord would be responsible for all structural repairs to the building. Two years into the lease, the roof developed a major leak, causing significant damage to the tenant's inventory. The tenant notified the landlord, but the landlord refused to make the repairs, claiming financial hardship. Which of the following is the tenant's most appropriate remedy?Real Property
- 30.A tenant complained to his landlord about a broken step on the communal staircase of their apartment building. The landlord promised to fix it but repeatedly delayed, despite knowing it posed a significant hazard. Three weeks later, a visitor to the tenant's apartment, unaware of the broken step, tripped and fell, suffering a severe ankle injury. The visitor sued the landlord. Which of the following best describes the landlord's liability?Torts
- 31.A pedestrian was walking on a city sidewalk when she tripped and fell over a loose paving stone, sustaining a broken wrist. The paving stone had been loose for several months, and numerous complaints had been filed with the city's public works department about its hazardous condition. The city, despite these complaints, had failed to repair the stone. The pedestrian sued the city for negligence. The city argued that it had limited resources and could not immediately address every reported hazard. Which of the following best describes the city's duty of care to the pedestrian?Torts
- 32.A landowner conveyed a parcel of land 'to the City of Metropolis, so long as the land is used for a public park; otherwise, to my heirs.' The city accepted the conveyance and operated a public park on the land for 50 years. Recently, due to budget cuts, the city decided to sell the land to a private developer for commercial use. The landowner's sole heir, who is still alive, learned of the city's plan. What interest does the heir possess, and what action can the heir take?Real Property
- 33.A disgruntled customer, infuriated by a store's return policy, intentionally pushed a display rack of fragile pottery, causing it to crash to the floor and shatter. The pottery was valued at $500. The store owner sued the customer. Which of the following is the most appropriate intentional tort for the store owner to allege?Torts
- 34.A federal district court enters an order granting partial summary judgment, dismissing only one of the plaintiff's three claims. The court does not certify the order for immediate appeal under Rule 54(b). The plaintiff wishes to immediately appeal the dismissal of that claim. Can the plaintiff do so?Civil Procedure
- 35.A disgruntled employee, after being fired, sent an anonymous email to his former boss, falsely accusing the boss of embezzlement and sexual harassment. The email was also copied to several key clients and industry competitors, causing the boss significant reputational damage and loss of business. The employee knew the accusations were false and intended to harm the boss's reputation. Which tort did the employee most likely commit?Torts
- 36.A tenant complained to his landlord about a broken step on the communal staircase of their apartment building. The landlord promised to fix it but failed to do so for several weeks. One evening, a delivery person, lawfully using the staircase, stepped on the broken step, fell, and sustained a serious injury. The delivery person sued the landlord. Which of the following best describes the landlord's duty to the delivery person regarding the common area?Torts
- 37.A property owner died intestate, leaving behind a parcel of land. The owner had two children, a son and a daughter. The son had predeceased the owner, leaving behind three children (grandchildren of the owner). The daughter is still alive. Under the state's intestacy laws, property is distributed per stirpes. How will the property be distributed?Real Property
- 38.A mortgagee properly recorded a mortgage on a property. Later, the mortgagor obtained a second loan from a different lender, secured by a second mortgage on the same property, which was also properly recorded. The mortgagor then defaulted on both loans. The property was foreclosed and sold. After paying the costs of the foreclosure sale, $200,000 remained. The first mortgage had a balance of $150,000, and the second mortgage had a balance of $100,000. How should the remaining $200,000 be distributed?Real Property
- 39.A local newspaper published an article falsely stating that a prominent community leader had embezzled funds from a charity. The newspaper did not verify the information, relying solely on an anonymous tip. The community leader is a public figure. In a defamation lawsuit, what standard of fault must the community leader prove the newspaper acted with?Torts
- 40.A developer purchased a large tract of land adjacent to a residential neighborhood with the intention of building a new shopping mall. During the excavation phase, the developer's contractors used heavy machinery that caused significant vibrations. These vibrations led to cracks in the foundations and walls of several nearby homes. The homeowners sued the developer for damages to their property. The developer argued that the construction was conducted with all necessary permits and followed industry best practices. Which of the following is the most likely basis for the homeowners' claim?Torts
- 41.A driver, while texting on her phone, swerved off the road and collided with a utility pole, causing a power outage in the surrounding neighborhood. As a result of the power outage, a local restaurant's refrigeration unit failed, spoiling all of its perishable food items, valued at $2,000. The restaurant sued the driver for the lost food. Which element of negligence is most likely to be a challenge for the restaurant to prove?Torts
- 42.A famous celebrity, known for her distinctive perfume line, discovered that a rival company was selling a perfume with an almost identical name, packaging, and scent, clearly intending to confuse consumers into believing they were buying the celebrity's product. If the celebrity sues the rival company, which of the following torts is most applicable?Torts
- 43.A plaintiff filed a lawsuit in federal court alleging violations of a federal environmental statute. The plaintiff also included a state-law claim for nuisance arising from the same set of facts. The federal court has subject matter jurisdiction over the federal environmental claim. What is the most appropriate basis for the federal court to hear the state-law nuisance claim?Civil Procedure
- 44.A homeowner, while trimming a large oak tree in his backyard, accidentally dropped a heavy branch. The branch fell onto his neighbor's prize-winning rose garden, destroying several rare rose bushes. The homeowner had taken reasonable precautions, including using appropriate safety equipment and checking the branch's stability before cutting. The neighbor sued the homeowner for the damage to her rose garden. Which of the following is the most likely outcome?Torts
- 45.A plaintiff filed a lawsuit against a defendant. The defendant believes that the plaintiff has failed to establish a prima facie case and that no reasonable jury could find in favor of the plaintiff based on the evidence presented during trial. What is the most appropriate motion for the defendant to file after the plaintiff has presented all their evidence at trial?Civil Procedure
- 46.A landowner conveyed Blackacre 'to my son, John, for life, then to the heirs of my daughter, Mary.' At the time of the conveyance, Mary was alive and had two children, Alice and Bob. John subsequently died. Mary is still alive. Who has the right to possess Blackacre?Real Property
- 47.A professional photographer set up his expensive camera equipment on a public sidewalk to capture a time-lapse of a city skyline. A mischievous teenager, intending only to startle the photographer, deliberately bumped into the tripod, causing the camera to fall and shatter. The teenager did not intend for the camera to be damaged, only for the photographer to jump. Which of the following intentional torts has the teenager most likely committed?Torts
- 48.A plaintiff filed a lawsuit in federal court against a defendant, alleging violations of a federal environmental statute. The defendant believes the complaint lacks sufficient factual allegations to state a plausible claim for relief. What is the most appropriate procedural mechanism for the defendant to challenge the complaint?Civil Procedure
- 49.A federal district court entered a final judgment in a case. One of the parties believes the court made a significant error of law in its interpretation of a state statute that was central to the case. The party wishes to challenge this judgment. What is the most appropriate action for this party to take?Civil Procedure
- 50.A homeowner hired a professional tree removal service to cut down a large, diseased oak tree in his backyard. During the removal process, a section of the tree unexpectedly fell onto a neighbor's shed, causing significant damage. The tree removal service had taken all standard precautions, used appropriate equipment, and followed industry best practices. What is the most likely basis for the neighbor's claim against the tree removal service?Torts