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Bar Exam — MBE (Multistate Bar Exam) practice questions

225 free questions with answers and explanations.

Practice test
  1. 151.A defendant, intending to rob a bank, researches the bank's security, draws detailed blueprints of the interior, purchases a ski mask and a replica firearm, and drives to the bank's parking lot. Before exiting the car, the defendant has a change of heart and drives away. In a jurisdiction following the Model Penal Code (MPC) substantial step test for attempt, which of the following is the most appropriate charge?Criminal Law and Procedure
  2. 152.A detective, investigating a series of burglaries, receives an anonymous tip that a suspect, 'John Doe,' has stolen goods hidden in his apartment. Without obtaining a warrant, the detective goes to John Doe's apartment, knocks, and when Doe opens the door, the detective immediately steps inside and begins to search. Which of the following best describes the legality of the detective's entry and search?Criminal Law and Procedure
  3. 153.A defendant, while experiencing a severe psychotic episode, believes he is commanded by divine voices to destroy a statue in a public park, which he perceives as an idol. He proceeds to smash the statue, causing significant damage. If charged with criminal mischief, which of the following defenses is most likely to succeed?Criminal Law and Procedure
  4. 154.A defendant, intending to kill his rival, places a deadly poison in a glass of water on his rival's nightstand. Unbeknownst to the defendant, the rival had died of a heart attack an hour earlier. The defendant is subsequently charged with attempted murder. Which of the following is the most likely outcome regarding the attempted murder charge?Criminal Law and Procedure
  5. 155.A defendant, after being indicted for armed robbery, is awaiting trial. The prosecution, without notifying the defendant's appointed counsel, sends an undercover informant into the defendant's jail cell to elicit incriminating statements about the robbery. The defendant, unaware of the informant's true identity, makes several statements implicating himself in the crime. Are these statements admissible in court?Criminal Law and Procedure
  6. 156.A defendant is arrested on suspicion of burglary. After being read his Miranda rights, he states, "I think I might need a lawyer." The interrogating officer then asks, "Are you sure? We can clear this up quickly if you just tell us what happened." The defendant then makes an incriminating statement. Is the defendant's statement admissible in court?Criminal Law and Procedure
  7. 157.A defendant is charged with statutory rape. The defendant believed the victim was 18 years old, based on the victim's appearance and statements. However, the victim was actually 15 years old. In a jurisdiction that applies the traditional common law approach to statutory rape (strict liability), which of the following is true regarding the defendant's belief about the victim's age?Criminal Law and Procedure
  8. 158.A defendant participates in a protest that turns violent, with some participants smashing windows and looting stores. The defendant did not personally smash any windows or loot, but was part of the group that engaged in these acts and yelled encouragement to others. The defendant is charged with riot and larceny under an accomplice theory. What is the most likely outcome for the larceny charge?Criminal Law and Procedure
  9. 159.A defendant is arrested and taken into custody. During custodial interrogation, the defendant clearly states, 'I think I should talk to a lawyer before I say anything else.' The police immediately stop questioning, but two hours later, before the defendant has spoken to a lawyer, the same police officers re-initiate questioning about a different crime. Is the defendant's statement admissible?Criminal Law and Procedure
  10. 160.A defendant, angered by a perceived slight, plans to physically assault a victim. The defendant calls a friend and says, 'I need you to drive me to the victim's house and wait in the car while I teach him a lesson.' The friend, knowing the defendant's violent tendencies, agrees and drives the defendant to the victim's house. While waiting in the car, the defendant enters the house and assaults the victim. The friend is charged as an accomplice to assault. Which of the following statements is most accurate regarding the friend's liability?Criminal Law and Procedure
  11. 161.A defendant is arrested and charged with robbery. During the booking process, the defendant makes incriminating statements to a fellow inmate, who is secretly acting as a government informant. The informant had been instructed by police to 'listen for anything relevant' but not to ask questions. The defendant was not read his Miranda rights before making these statements. Are the defendant's statements admissible in court?Criminal Law and Procedure
  12. 162.A defendant is charged with conspiracy to commit fraud. The prosecution alleges that the defendant agreed with another person to defraud an insurance company. The defense argues that the defendant never took any overt act in furtherance of the conspiracy. In a jurisdiction that requires an overt act for conspiracy, what is the most likely outcome?Criminal Law and Procedure
  13. 163.A defendant is charged with larceny for taking a wallet from a park bench. The defendant genuinely believed the wallet had been abandoned and intended to keep it. However, the wallet had merely fallen out of another person's pocket moments before and was not abandoned. In a jurisdiction requiring specific intent for larceny, which of the following is the most likely outcome?Criminal Law and Procedure
  14. 164.A defendant provides a loaded firearm to a friend, knowing the friend intends to use it to rob a convenience store. The friend successfully robs the convenience store without harming anyone. The defendant is charged as an accomplice to robbery. What level of intent must the prosecution prove against the defendant to secure a conviction as an accomplice?Criminal Law and Procedure
  15. 165.A defendant, enraged by a perceived insult, lunges at a victim with a knife. The victim, attempting to defend himself, trips and falls, striking his head on a concrete curb. The victim dies instantly from the head trauma. The defendant did not touch the victim with the knife. Which of the following is the most appropriate charge for the defendant?Criminal Law and Procedure
  16. 166.A police officer, responding to a silent alarm, observes a suspect fleeing a jewelry store with a bag. The officer shouts, 'Stop, or I'll shoot!' The suspect continues to flee. The officer, believing the suspect to be armed and dangerous, fires a warning shot into the air. The warning shot startles a bystander, causing the bystander to fall and suffer a severe concussion. The suspect is later apprehended. What is the most likely criminal liability for the officer regarding the bystander's injury?Criminal Law and Procedure
  17. 167.A defendant is charged with statutory rape. The defendant genuinely believed the victim was 18 years old, based on the victim's appearance, statements, and fake identification presented. The jurisdiction's statutory rape law defines the offense as sexual intercourse with a person under 16 years of age, without requiring proof of the defendant's knowledge of the victim's age. Can the defendant successfully assert a mistake of fact defense?Criminal Law and Procedure
  18. 168.A defendant is charged with conspiracy to commit arson. The prosecution presents evidence that the defendant agreed with an accomplice to burn down a rival business. As part of the agreement, the defendant purchased gasoline and matches, and the accomplice surveyed the business for entry points. The prosecutor also presents evidence that the defendant, on his own, bought a new lighter. In a jurisdiction following the common law rule for conspiracy, which of the following is true regarding the overt act requirement?Criminal Law and Procedure
  19. 169.A defendant, while attempting to rob a convenience store, brandishes a fake gun at the cashier. The cashier, believing the gun to be real, suffers a heart attack and dies. The jurisdiction follows the common law felony murder rule. Which of the following is most accurate regarding the defendant's potential liability for the cashier's death?Criminal Law and Procedure
  20. 170.A plainclothes police officer observes a man openly carrying a firearm in a public park. The officer approaches the man, identifies himself, and asks to see the man's identification and firearm permit. The man refuses, stating he knows his rights and that the officer has no probable cause to detain him. The officer then places the man under arrest for obstruction of justice. Was the arrest lawful?Criminal Law and Procedure
  21. 171.A defendant is arrested and taken to the police station. Before being interrogated, the defendant is informed of his right to remain silent and his right to an attorney. The defendant states, 'I think I should talk to a lawyer.' The police then continue to question the defendant, who eventually confesses. Is the confession admissible in court?Criminal Law and Procedure
  22. 172.A defendant is arrested and charged with robbery. The defendant is indigent and cannot afford an attorney. At the defendant's first appearance before a magistrate, the magistrate informs the defendant of the charges but does not inquire about the defendant's ability to afford counsel or offer to appoint counsel. The defendant pleads guilty without legal representation. Which constitutional right was most likely violated?Criminal Law and Procedure
  23. 173.A defendant is charged with possession of illegal narcotics. During the investigation, police conducted a search of the defendant's home without a warrant or probable cause. The narcotics were found during this search. The defendant's attorney files a motion to suppress the evidence. Which constitutional amendment primarily supports the defendant's motion?Criminal Law and Procedure
  24. 174.A defendant, intending to commit a robbery, enters a bank wearing a mask and holding a note demanding money. Before he can present the note to a teller, a security guard spots him and orders him to freeze. The defendant immediately drops the note and flees. In a jurisdiction following the common law approach to attempt, which of the following is the most likely outcome regarding an attempted robbery charge?Criminal Law and Procedure
  25. 175.A defendant, enraged by a personal slight, intends to shoot and kill his neighbor. He purchases a handgun, drives to his neighbor's house, and waits outside for an hour, intending to ambush the neighbor. Before the neighbor appears, the defendant experiences a change of heart, disposes of the gun in a nearby dumpster, and drives home. The jurisdiction follows the Model Penal Code (MPC) approach to attempt. Can the defendant be liable for attempted murder?Criminal Law and Procedure
  26. 176.A landlord and a tenant entered into a one-year lease agreement for an apartment at $1,000 per month. After six months, the tenant lost her job and informed the landlord that she could no longer afford the rent. The landlord and tenant then orally agreed that the tenant could break the lease early, provided she found a suitable replacement tenant. The tenant found a suitable replacement, and the landlord accepted the replacement. What is the legal effect of this agreement and the tenant's actions?Contracts
  27. 177.A music promoter contracted with a venue to host a concert on October 1st for $10,000. The contract stated that the promoter would pay the venue $5,000 upfront, and the remaining $5,000 after the concert. The contract also contained a clause stating, 'This agreement is assignable by either party with written consent of the other party.' Two weeks before the concert, the promoter assigned all his rights and delegated all his duties under the contract to another promoter, 'New Promoter,' without seeking the venue's consent. New Promoter then contacted the venue to confirm the arrangements. Is the assignment and delegation by the original promoter valid?Contracts
  28. 178.A homeowner entered into a contract to sell her house to a buyer for $300,000. The contract specified a closing date of October 1st. On September 15th, the buyer's lender informed the buyer that due to new federal regulations, they would not be able to finalize the loan until October 15th. The buyer immediately notified the homeowner of the delay and offered to pay an additional $500 for the inconvenience. The homeowner refused, stating she would consider the contract terminated if closing did not occur on October 1st. What is the status of the contract?Contracts
  29. 179.A software developer entered into a contract to create a custom application for a client for $50,000. The contract specified that the client would make an initial payment of $10,000 upon signing, and the remaining $40,000 upon completion and acceptance of the application. The client made the initial $10,000 payment. Before the developer could begin significant work, the client realized that their business model had changed drastically, making the custom application unnecessary. The client immediately notified the developer to stop work and demanded the return of the $10,000 payment. The developer had incurred $2,000 in preliminary design costs. What amount is the client entitled to recover from the developer?Contracts
  30. 180.A buyer and a seller entered into a contract for the sale of 10,000 pounds of Grade A coffee beans for $50,000, to be delivered in two equal installments. The first installment of 5,000 pounds arrived, but 10% of the beans were Grade B. The buyer immediately notified the seller of the non-conformity and rejected the first installment. The seller assured the buyer that the second installment would be fully conforming and offered a 5% discount on the first installment. The buyer, however, was concerned about the seller's ability to deliver conforming goods and the overall quality of the coffee. Can the buyer cancel the entire contract?Contracts
  31. 181.A chef entered into a contract to cater a wedding reception for 200 guests for $10,000. The contract specified that the chef would provide a five-course meal. Due to an unexpected illness, the chef was unable to personally cater the event. Without informing the couple, the chef delegated the duty to prepare the meal to another equally skilled and reputable chef from his restaurant, who successfully catered the event to the satisfaction of the guests. The couple later discovered the delegation and refused to pay. Are the couple obligated to pay for the catering services?Contracts
  32. 182.A manufacturer entered into a contract with a retailer to supply 1,000 units of a new product at $50 per unit, with delivery scheduled for June 1st. The contract contained an integration clause stating that the written agreement was the final and complete expression of the parties' agreement. Before signing the written contract, the manufacturer's sales representative orally assured the retailer that the units would be 'top-of-the-line quality' and 'guaranteed to sell out within a month.' The written contract only stated that the units would be of 'merchantable quality.' The units delivered were of merchantable quality but did not sell out quickly. The retailer sued, claiming breach of the oral 'top-of-the-line' warranty. Will the retailer likely succeed?Contracts
  33. 183.A manufacturer entered into a contract to supply 10,000 custom-made parts to an assembler for $100,000, with delivery in three equal installments over three months. The contract specified that 'time is of the essence' and that failure to deliver any installment on time would constitute a material breach. The first installment was delivered one week late, causing the assembler minor production delays but no loss of sales. The assembler immediately canceled the entire contract. Was the assembler justified in canceling the entire contract?Contracts
  34. 184.A homeowner hired a contractor to remodel her kitchen for $20,000. The contract specified that the contractor would use 'Brand X' cabinets. Midway through the project, Brand X cabinets became unavailable due to a supply chain disruption. The contractor, without consulting the homeowner, substituted 'Brand Y' cabinets, which were of similar quality and cost. The homeowner was unaware of the substitution until the project was completed. Upon discovery, the homeowner was furious and demanded that the contractor remove the Brand Y cabinets and install Brand X, or pay for the difference in aesthetic value she perceived, which was significant to her. What is the likely legal outcome regarding the homeowner's demand?Contracts
  35. 185.A construction company contracted with a landowner to build an office building for $5 million. The contract specified that 'all change orders must be in writing and signed by both parties.' During construction, the landowner orally requested several minor modifications, stating, 'Don't worry about the paperwork; we'll settle up at the end.' The construction company completed the modifications, incurring additional costs of $50,000. The landowner now refuses to pay for these modifications, citing the 'in writing' clause. If the original contract was for the sale of land, how would a court likely rule regarding the $50,000?Contracts
  36. 186.A homeowner hired a contractor to remodel her bathroom for $10,000. Before the work began, the homeowner decided she wanted higher-end fixtures and a custom-built vanity, which would increase the cost by an additional $3,000. The contractor agreed to the changes and the increased price. However, after the bathroom was completed, the homeowner refused to pay the extra $3,000, arguing that there was no new consideration for the modification. Is the homeowner correct in asserting that the modification is unenforceable due to a lack of consideration?Contracts
  37. 187.A university sent an offer letter to a prospective student, stating, 'We offer you admission for the Fall semester, contingent upon successful completion of your high school diploma by June 15th.' The letter also stated, 'This offer is irrevocable until July 1st.' The student received the letter on May 1st. On May 20th, the university discovered an administrative error and sent a revocation letter to the student. The student received the revocation on May 22nd. On May 25th, the student mailed a letter accepting the offer. Assuming the student successfully completed their high school diploma by June 15th, is there a valid contract for admission?Contracts
  38. 188.A software developer agreed to create a custom inventory management system for a client for $50,000, with an expected completion date in six months. Three months into the project, after the developer had spent considerable time and resources on design and initial coding, the client informed the developer that due to unexpected business changes, they no longer needed the system and were terminating the contract. The developer had incurred $15,000 in costs and could not easily re-use the specialized work. What is the most appropriate measure of damages for the developer?Contracts
  39. 189.A restaurant owner contracted with a pastry chef to bake 20 custom cakes for a special event on Saturday for $1,000. On Wednesday, the chef told the owner, 'I've decided I don't want to bake cakes anymore, so I won't be delivering them on Saturday.' The restaurant owner immediately hired another chef to make the cakes, but at a cost of $1,500. The original chef then called on Thursday to say, 'I apologize, I've reconsidered, and I will deliver the cakes as promised.' What is the legal status of the original contract?Contracts
  40. 190.A homeowner hired a landscaping company to plant 10 trees for $1,000. The contract specified that the trees must be planted by the end of May. Due to unusually heavy rains, the ground remained too saturated for proper planting until June 10th. Planting before this date would have significantly increased the risk of the trees dying. The landscaping company informed the homeowner of the delay and explained the reason. The homeowner insisted on adherence to the May deadline, but the company refused, stating it was impossible to plant safely. The homeowner then tried to hire another company, but none were available until July. Is the landscaping company in breach of contract for not planting by May 31st?Contracts
  41. 191.A buyer contracted to purchase a unique antique clock from a seller for $5,000. Before the scheduled delivery, the seller informed the buyer that he had changed his mind and decided to keep the clock for his personal collection. The buyer, who had already sold a spot for the clock in his gallery, immediately sought legal action. Which of the following remedies is the buyer most likely to successfully obtain?Contracts
  42. 192.A homeowner contracted with a builder for the construction of a custom deck for $10,000. The contract specified that the deck was to be made of Brazilian walnut, a premium hardwood. Before construction began, the price of Brazilian walnut unexpectedly tripled due to new import tariffs. The builder informed the homeowner that he could not complete the project for the agreed-upon price and requested an additional $5,000 to cover the increased material costs. The homeowner, eager to have the deck built, orally agreed to pay the extra amount. After the deck was completed using Brazilian walnut, the homeowner refused to pay the additional $5,000, asserting that the original contract price was binding. Is the homeowner legally obligated to pay the additional $5,000?Contracts
  43. 193.A painter agreed to paint a portrait for a client for $1,000. The contract specified that the painting must be 'to the client's complete satisfaction.' After the painter completed the portrait, the client genuinely expressed dissatisfaction with the work, claiming it did not capture her likeness adequately, even though objectively, several art critics praised the portrait's technical skill. The client refused to pay. Is the client obligated to pay the painter?Contracts
  44. 194.A buyer and seller entered into a contract for the sale of 500 custom-made widgets for $5,000, to be delivered on September 1st. On August 20th, the seller informed the buyer that due to unforeseen production issues, only 450 widgets would be ready by September 1st, but the remaining 50 would be delivered by September 5th. The buyer immediately responded, 'I need all 500 by September 1st, or I don't want any of them.' The seller then offered a 10% discount on the 450 widgets if the buyer would accept them on September 1st. The buyer rejected this offer. What is the buyer's right regarding the contract?Contracts
  45. 195.A landlord and a tenant entered into a one-year lease agreement for an apartment. The lease specified that the tenant must pay rent of $1,000 on the first day of each month. On the second month, the tenant sent a check for $900, along with a note stating, 'This payment is for full satisfaction of this month's rent. If you cash this check, you agree to accept $900 as full payment.' The landlord, needing the money, cashed the check but immediately sent a letter to the tenant stating that he did not agree to the reduced rent and reserved all rights under the lease. What is the legal effect of the landlord cashing the check?Contracts
  46. 196.A buyer and a seller entered into a contract for the sale of 500 custom-made widgets for $5,000, to be delivered on October 1st. The contract included a clause stating, 'Time is of the essence.' On September 25th, the seller informed the buyer that due to an unexpected machine breakdown, only 450 widgets would be ready for delivery on October 1st, with the remaining 50 to follow a week later. The buyer refused to accept the partial delivery and informed the seller that they considered the contract breached. Which of the following best describes the buyer's rights?Contracts
  47. 197.A buyer sent a purchase order for 100 widgets at $10 each to a seller. The purchase order stated, 'Ship immediately.' The seller responded with an acknowledgment form that confirmed the order but added a clause stating, 'All disputes arising under this contract shall be submitted to arbitration in New York.' The buyer received the acknowledgment form and did not object to the arbitration clause. The seller then shipped the widgets, and the buyer accepted them. Later, a dispute arose regarding the quality of the widgets. The buyer filed a lawsuit in court. The seller moved to compel arbitration based on the clause in the acknowledgment form. Will the arbitration clause be considered part of the contract?Contracts
  48. 198.A general contractor entered into a contract with a subcontractor for plumbing work on a new apartment building. The contract specifically stated, 'Payments will be made to Subcontractor upon receipt of payment from the Owner.' The subcontractor completed its work but has not received payment from the general contractor. The general contractor claims the owner has not yet paid them. Is the general contractor obligated to pay the subcontractor, assuming the owner's non-payment is not due to the general contractor's fault?Contracts
  49. 199.A defendant is arrested for shoplifting a candy bar. During booking, the police officer asks the defendant, 'Did you act alone, or did someone help you with this?' The defendant, without being read Miranda warnings, states, 'I acted alone; nobody else was involved.' The prosecution seeks to introduce this statement as evidence in court. Which of the following is the most likely outcome regarding the admissibility of the defendant's statement?Criminal Law and Procedure
  50. 200.A defendant, driving home late at night on a secluded road, spots a deer in the middle of the road. To avoid hitting the deer, the defendant swerves sharply, losing control of the vehicle. The car veers off the road, crashes into a roadside diner, and kills a patron inside. The defendant was driving within the speed limit and had not consumed any alcohol or drugs. Which of the following is the most likely outcome regarding the defendant's criminal liability for the patron's death?Criminal Law and Procedure