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Bar Exam — MBE (Multistate Bar Exam) practice questions

225 free questions with answers and explanations.

Practice test
  1. 51.A homeowner hosted a large party. One of the guests, who had consumed several alcoholic beverages, became visibly intoxicated. Despite the homeowner's knowledge of the guest's intoxication, the homeowner did not attempt to prevent the guest from driving home. The intoxicated guest subsequently caused a car accident, injuring another driver. In a jurisdiction that follows the common law rule regarding social hosts, can the homeowner be held liable for the injured driver's damages?Torts
  2. 52.A city bus driver, while on her route, suffered a sudden and unexpected heart attack, causing her to lose control of the bus. The bus veered onto the sidewalk, striking and injuring a pedestrian. The bus driver had no prior history of heart conditions, and a recent medical examination, required by her employer, had shown her to be in excellent health. The injured pedestrian sued the bus driver for negligence. Which of the following defenses is most likely to succeed for the bus driver?Torts
  3. 53.A renowned concert pianist, known for his delicate touch, sustained a severe laceration to his hand when a newly purchased, high-end blender malfunctioned during its first use. The blender's blade detached unexpectedly, despite the pianist following all instructions for assembly and operation. An investigation revealed a manufacturing defect in the blade's attachment mechanism. The pianist sued the blender manufacturer. Which of the following legal theories is most likely to result in the pianist's success?Torts
  4. 54.A popular social media influencer, known for her adventurous outdoor content, intentionally posted a video showing her climbing over a clearly marked 'No Trespassing' fence onto private property to access a scenic waterfall. The property owner, observing the video, suffered significant emotional distress from the invasion of her privacy and the public encouragement of others to trespass on her land. The influencer's actions caused no physical damage to the property itself. Can the property owner successfully sue the influencer for trespass to land?Torts
  5. 55.A professional dog walker was hired to walk a client's highly trained but notoriously aggressive Rottweiler. Despite the dog walker's extensive experience and adherence to all safety protocols, the dog unexpectedly lunged and bit a passerby, causing severe injury. The passerby sued the dog walker. In a jurisdiction that follows the 'one bite rule' for domestic animals, which of the following is the most likely outcome?Torts
  6. 56.A plaintiff filed a lawsuit in federal court. The defendant believes that the plaintiff's claim, even if factually true, is barred by the statute of limitations. The defendant wants to raise this defense. What is the most appropriate procedural mechanism for the defendant to do so?Civil Procedure
  7. 57.A pedestrian was walking on a public sidewalk when a poorly maintained awning from a commercial building suddenly collapsed, striking and injuring her. The building owner was aware of the awning's deteriorated condition but had postponed repairs due to cost. The pedestrian sued the building owner for negligence. At trial, the building owner argued that the pedestrian should have seen the visibly damaged awning and avoided walking under it. Which of the following defenses is the building owner most likely to raise?Torts
  8. 58.A developer purchased a large tract of land, intending to subdivide it into residential lots. Before selling any lots, the developer recorded a declaration of covenants, conditions, and restrictions (CC&Rs) that included a restriction prohibiting any structure taller than two stories and requiring all homes to be painted in earth tones. The developer then sold the first lot to a buyer, and the deed referenced the recorded CC&Rs. Years later, the buyer of the first lot decided to build a three-story addition and paint it bright purple. Other homeowners in the subdivision sued to enforce the CC&Rs. What is the most likely legal basis for the other homeowners to enforce the restriction?Real Property
  9. 59.A construction worker was injured when a defective scaffolding plank broke beneath him. The plank was supplied by a manufacturer and sold through a distributor to the construction company. The worker sues the manufacturer under a strict products liability theory. Which of the following defenses is most likely to be successful for the manufacturer?Torts
  10. 60.A homeowner granted a neighbor an easement to cross her property to access a public lake. The easement document was properly recorded. Years later, the homeowner sold her property to a new owner, who was unaware of the easement. The new owner attempted to block the neighbor's access. Which of the following statements is most accurate regarding the neighbor's right to use the easement?Real Property
  11. 61.A driver, while hurrying to an appointment, sped through a yellow light just as it turned red. He narrowly avoided colliding with a car legally entering the intersection from the cross street. Although no collision occurred, the driver of the other car, a passenger with a pre-existing anxiety disorder, suffered a severe panic attack requiring emergency medical attention. Can the speeding driver be held liable for the passenger's panic attack?Torts
  12. 62.A jury returned a verdict in favor of the plaintiff. The defendant believes that the jury's verdict was based on insufficient evidence and that no reasonable jury could have reached that conclusion. The defendant had previously filed a motion for judgment as a matter of law (JMOL) at the close of all the evidence. What is the most appropriate motion for the defendant to file following the jury's verdict?Civil Procedure
  13. 63.A tenant in an apartment building complained to her landlord about a persistent leak in her ceiling, which was causing water damage to her furniture. The landlord promised to fix it but took no action for several weeks. During this time, the ceiling partially collapsed, damaging more furniture and causing the tenant to slip and fall, sustaining a minor injury. Which of the following best describes the landlord's liability?Torts
  14. 64.A city bus driver, while on her route, suffered a sudden and unexpected heart attack, causing her to lose control of the bus and collide with a parked car. The driver had no prior history of heart conditions and had passed all required medical examinations. The owner of the parked car sued the bus driver for negligence. Which defense is the bus driver most likely to successfully invoke?Torts
  15. 65.A buyer entered into a written contract to purchase a residential property from a seller for $300,000. The contract specified a closing date of June 1st. On May 15th, the seller informed the buyer that he had decided not to sell the property. The buyer immediately sued for specific performance. The seller argued that specific performance should not be granted because the buyer had not yet tendered payment. Which of the following is the most likely outcome?Real Property
  16. 66.A landowner executed a deed conveying Blackacre 'to my son, John, but if John ever sells alcohol on the premises, then to my daughter, Mary.' The deed was properly delivered and recorded. John subsequently opened a small brewery on Blackacre and began selling craft beer. What interest does Mary hold in Blackacre?Real Property
  17. 67.A grantor conveyed Blackacre 'to my son, for life, then to my daughter and her heirs.' At the time of the conveyance, both the son and daughter were alive. What interest does the daughter hold?Real Property
  18. 68.A plaintiff, a citizen of State A, sued a sole proprietorship, whose owner is a citizen of State B, in federal court in State A. The plaintiff sought $100,000 in damages for negligence. The sole proprietorship's principal place of business is in State A. The defendant moved to dismiss for lack of subject matter jurisdiction. How should the court rule?Civil Procedure
  19. 69.A grantor conveyed Blackacre 'to my son, for life, then to my daughter and her heirs.' At the time of the conveyance, the daughter had no children. The son is still alive. The daughter now wishes to sell her interest in Blackacre. What type of interest does the daughter possess, and is it alienable?Real Property
  20. 70.A customer at a grocery store slipped and fell on a puddle of spilled milk in an aisle. The milk had been spilled by another customer approximately five minutes before the incident. A store employee was stocking shelves two aisles away and was unaware of the spill. The injured customer sued the grocery store for negligence. Which of the following is the most significant challenge for the customer in proving the store's negligence?Torts
  21. 71.A state legislature passed a statute requiring all deeds conveying real property to include the grantor's current mailing address for tax purposes. A grantor executed a deed to a grantee, which accurately described the property and identified the parties, but inadvertently omitted the grantor's mailing address. The deed was otherwise properly executed and recorded. Years later, a dispute arose regarding the validity of the conveyance due to the missing address. Is the deed likely to be considered valid?Real Property
  22. 72.A plaintiff, a citizen of State A, sued a defendant corporation, incorporated in State B with its principal place of business in State C, in federal court in State A. The plaintiff alleged a state-law claim for $90,000 in damages. The defendant moved to dismiss for improper venue. Which of the following is a proper venue for this action?Civil Procedure
  23. 73.A property owner granted a neighbor permission to park their car on a portion of the owner's driveway every weekday morning between 7:00 AM and 9:00 AM. This arrangement was made verbally and without any formal written agreement or consideration. After six months, the property owner decided to sell the property and informed the neighbor that the parking permission was revoked. The neighbor claimed they had an easement by prescription. Is the neighbor likely to succeed in claiming an easement by prescription?Real Property
  24. 74.A construction worker was injured when a defective scaffolding plank broke beneath him. The plank had been manufactured by Company A, sold to a distributor, then to a construction supply company, and finally used by the worker's employer. The worker sued Company A under strict products liability. Company A argued that the worker assumed the risk because he knew the plank was old. The worker testified he knew the plank was old but did not know it was defective. Will Company A's assumption of risk defense likely succeed?Torts
  25. 75.A renowned chef, known for his signature artisanal bread, discovered that a rival bakery was selling a product virtually identical in appearance, packaging, and name ('Chef's Delight Bread') to his own, leading many customers to mistakenly purchase the rival's bread believing it was his. The rival bakery made no false statements about its own product, but simply copied the chef's distinctive presentation. The chef sued the rival bakery. Which tort is the chef most likely to assert?Torts
  26. 76.A famous artist, known for his abstract sculptures, suffered a severe allergic reaction to a new brand of acrylic paint. He had purchased the paint from an art supply store, relying on the store clerk's recommendation that it was 'hypoallergenic and safe for all skin types.' The artist, who had a known history of severe allergies, had specifically informed the clerk of his condition. The paint manufacturer had not included any warning labels on the product regarding potential allergens, despite knowing that some components could cause reactions in sensitive individuals. The artist sued the paint manufacturer for his medical expenses and lost income. Which of the following is the strongest legal theory for the artist?Torts
  27. 77.A tenant rented an apartment under a two-year lease. Six months into the lease, the tenant decided to move to another city and assigned the lease to a new tenant. The landlord approved the assignment. The new tenant paid rent for three months, but then defaulted. The landlord sued the original tenant for the unpaid rent. What is the most likely outcome?Real Property
  28. 78.A tenant in an apartment building complained to her landlord about a persistent leak in her ceiling that caused significant water damage to her furniture and personal belongings. The landlord promised to fix it 'soon' but took no action for three months, during which the leak worsened. The tenant eventually moved out and sued the landlord for the property damage. Which of the following best describes the landlord's duty to the tenant regarding the leak?Torts
  29. 79.A testator's will devised Blackacre 'to my daughter, for life, then to her children who survive her, and if she has no children surviving her, then to the American Red Cross.' At the time of the testator's death, the daughter had one child, who was 10 years old. What interest does the American Red Cross hold in Blackacre at the time of the testator's death?Real Property
  30. 80.A plaintiff sued a defendant for patent infringement in federal court. After the plaintiff presented all evidence, the defendant moved for judgment as a matter of law (JMOL), arguing that no reasonable jury could find for the plaintiff. The court denied the motion. The jury subsequently returned a verdict for the plaintiff. Within the permissible timeframe, the defendant filed a *renewed* motion for judgment as a matter of law (RJML), again arguing insufficient evidence. The court granted the RJML, overturning the jury's verdict. The plaintiff appeals this decision. What standard of review will the appellate court apply to the district court's decision to grant the RJML?Civil Procedure
  31. 81.A patient underwent a routine outpatient surgical procedure. During the procedure, a surgical sponge was inadvertently left inside the patient's abdomen. The patient later experienced severe pain and required a second surgery to remove the sponge. The patient sued the surgeon for negligence. Which doctrine is most likely to apply to establish a prima facie case of negligence?Torts
  32. 82.A product manufacturer designed a new line of blenders. During the design phase, engineers chose a type of plastic for the blender's pitcher that was known to become brittle and shatter if exposed to extreme temperatures, despite a safer, slightly more expensive alternative plastic being available. The blenders were marketed for general kitchen use. A consumer suffered severe lacerations when the pitcher shattered while blending hot soup. Which type of product defect is most likely present?Torts
  33. 83.A plaintiff, a citizen of State A, filed a lawsuit in federal court against a defendant, a citizen of State B, seeking $80,000 in damages for breach of contract. The federal court has jurisdiction over the case based on diversity of citizenship. After discovery, the defendant filed a motion to dismiss, arguing that the plaintiff's damages claim could not realistically exceed $50,000. How should the federal court rule on the defendant's motion?Civil Procedure
  34. 84.A plaintiff filed a lawsuit in federal court. The defendant believes that the plaintiff's complaint is so vague and ambiguous that the defendant cannot reasonably prepare a response. What is the most appropriate procedural mechanism for the defendant to seek clarification of the complaint?Civil Procedure
  35. 85.A homeowner observed a trespasser attempting to break into his garage. Fearing for his property, the homeowner fired a warning shot into the air. The trespasser, startled, fled the scene and was not injured. If the trespasser sues the homeowner for battery, which of the following is the homeowner's most likely successful defense?Torts
  36. 86.A homeowner, while hosting a large pool party, noticed a young child (age 4) wandering unsupervised near the deep end of the pool. The homeowner, a strong swimmer, considered intervening but decided against it, believing the child's parents were nearby. Moments later, the child fell into the deep end and nearly drowned, suffering severe brain damage. The child's parents sued the homeowner for negligence. Which of the following is the most likely outcome regarding the homeowner's liability?Torts
  37. 87.A homeowner obtained a first mortgage from Lender A and properly recorded it. Two years later, the homeowner obtained a second mortgage from Lender B, which Lender B promptly recorded. Six months after that, the homeowner obtained a third mortgage from Lender C, but Lender C failed to record its mortgage. The homeowner subsequently defaulted on all three mortgages. In a foreclosure proceeding, what is the order of priority for the lenders?Real Property
  38. 88.A buyer and seller entered into a written agreement for the sale of a residential property. The contract specified a purchase price of $300,000, a closing date of June 1st, and described the property by its street address, "123 Main Street, Anytown, State." However, the contract failed to include any mention of the type of deed to be conveyed. On the closing date, the seller tendered a quitclaim deed, which the buyer refused, demanding a general warranty deed. The seller argued that since the contract was silent, any deed was acceptable. Which of the following statements is most accurate regarding the seller's obligation?Real Property
  39. 89.A city enacted a zoning ordinance that prohibited any new commercial development within a designated residential area. A property owner, whose land was located within this residential area, had previously operated a small, family-owned grocery store on the property for 30 years. The grocery store was in continuous operation before the zoning ordinance was passed. The city now seeks to shut down the grocery store, citing the new ordinance. What is the property owner's strongest argument against the city's action?Real Property
  40. 90.A social host hosted a large party. One of the guests, who had consumed several alcoholic beverages provided by the host, became visibly intoxicated. The host, noticing the guest's condition, nonetheless continued to serve him alcohol. Later, the intoxicated guest drove home and caused a serious car accident, injuring a third party. Under common law principles, is the social host liable to the injured third party?Torts
  41. 91.A spectator attending a professional baseball game was struck by a foul ball hit into the stands. The stadium had prominent signs warning of the risk of foul balls, and the spectator had purchased a ticket that included a waiver of liability for injuries sustained from foul balls. The spectator sued the baseball team for negligence. Which of the following defenses is the baseball team most likely to successfully assert?Torts
  42. 92.A developer purchased a large tract of land, intending to subdivide it into residential lots. Before selling any lots, the developer recorded a declaration of restrictive covenants that prohibited the construction of any structure over two stories high. The developer then sold Lot 1 to a buyer. A year later, the developer sold Lot 2 to a second buyer. The second buyer then began construction of a three-story house. The owner of Lot 1 sought an injunction to stop the construction. What is the likely outcome?Real Property
  43. 93.A professional photographer set up his expensive camera equipment on a public sidewalk to capture a unique cityscape angle. A passerby, annoyed by the obstruction, intentionally kicked the tripod, causing the camera to fall and sustain minor cosmetic damage. The photographer can likely sue the passerby for:Torts
  44. 94.A disgruntled former employee, intending to cause distress, sent an anonymous email to his former employer, falsely alleging that the employer's CEO was involved in illegal insider trading. The email was widely circulated within the company and eventually leaked to the press, causing significant damage to the CEO's reputation and the company's stock price. The CEO suffered severe emotional distress as a result. Which of the following intentional torts is the most appropriate claim for the CEO against the former employee?Torts
  45. 95.A cyclist was riding his bicycle on a public road when a car, driven by a distracted driver, swerved into the bike lane, forcing the cyclist to take evasive action. The cyclist successfully avoided a collision with the car but swerved into a ditch, breaking his leg. The distracted driver argues that he should not be liable because he did not physically touch the cyclist or his bicycle. Which legal concept allows the cyclist to recover damages from the distracted driver?Torts
  46. 96.A homeowner, while hosting a large pool party, noticed a young child (age 4) wandering unsupervised near the deep end of the pool. The homeowner, concerned, called out to the child's parents, but they were distracted. The homeowner then tried to gently guide the child away from the pool, but the child unexpectedly pulled away, slipped, and fell into the water, suffering serious injury. The homeowner, a trained lifeguard, immediately jumped in and rescued the child. The child's parents sued the homeowner for negligence. Which of the following best describes the homeowner's liability?Torts
  47. 97.A disgruntled former employee, intending to cause distress, falsely reported to the police that his former boss was operating a large-scale drug manufacturing operation from his home. The police, acting on this credible-sounding but false tip, raided the boss's home, causing significant property damage and public humiliation before realizing the tip was baseless. Which tort has the former employee most likely committed against his former boss?Torts
  48. 98.A federal law establishes a national commission to investigate and prosecute violations of environmental regulations. The law provides that commissioners are appointed by the President and confirmed by the Senate, but can only be removed by a vote of both houses of Congress. A commissioner, after disagreeing with the President's policy, is removed by a joint resolution of Congress. The commissioner sues, alleging unconstitutional removal. How should the court rule?Constitutional Law
  49. 99.A city ordinance prohibits all parades and demonstrations on public streets between 10 PM and 6 AM, citing concerns about noise, public safety, and traffic congestion during late-night and early-morning hours. A civil rights group challenges the ordinance, arguing it violates their First Amendment rights. Which of the following is the most likely outcome?Constitutional Law
  50. 100.A state legislature, concerned about the potential for social unrest, passes a law prohibiting any public assembly or demonstration within 500 feet of a state capitol building during legislative sessions. The law applies equally to all groups, regardless of their message. A civil rights organization plans a peaceful protest against a proposed bill and challenges the statute in federal court. How should the court rule on the constitutionality of this law?Constitutional Law