MBE Sample Test Questions

The following sample questions are examples of test questions similar to those on the MBE. While
these sample questions illustrate the kinds of questions that will appear on the MBE, they do not
represent all the material covered. Examinees are advised to review the information on MBE content,
including the MBE Subject Matter Outline. To model the pacing required to complete a full MBE,
these questions should be answered in approximately 38 minutes. An answer key follows on page 6.

1. A father lived with his son, who was an alcoholic. When (A) The one-year residence requirement is valid because it
drunk, the son often became violent and physically abused does not affect any fundamental right or suspect class.
his father. As a result, the father always lived in fear. One (B) State durational residence requirements that are estab-
night, the father heard his son on the front stoop making lished for publicly funded services are constitutional
loud obscene remarks. The father was certain that his son because they relate to government operations reserved
was drunk and was terrified that he would be physically exclusively to the states by the Tenth Amendment.
beaten again. In his fear, he bolted the front door and took (C) Because publicly funded education is a fundamental
out a revolver. When the son discovered that the door was constitutional right, a state may not deny it to any class
bolted, he kicked it down. As the son burst through the of persons who reside in that state.
front door, his father shot him four times in the chest, killing (D) State durational residence requirements established
him. In fact, the son was not under the influence of alcohol for this kind of publicly funded service solely for the
or any drug and did not intend to harm his father. purpose of reducing state expenditures violate the
privileges or immunities clause of the Fourteenth
At trial, the father presented the above facts and asked the
Amendment.
judge to instruct the jury on self-defense.
4. A man has four German shepherd dogs that he has trained
How should the judge instruct the jury with respect to for guard duty and that he holds for breeding purposes.
self-defense? The man has “Beware of Dogs” signs clearly posted
around a fenced-in yard where he keeps the dogs. The
(A) Give the self-defense instruction, because it expresses
man’s next-door neighbor frequently walks past the man’s
the defense’s theory of the case.
house and knows about the dogs’ ferocity. One summer
(B) Give the self-defense instruction, because the evi-
day, the neighbor entered the man’s fenced-in yard to
dence is sufficient to raise the defense.
retrieve a snow shovel that the man had borrowed during
(C) Deny the self-defense instruction, because the father
the past winter. The neighbor was attacked by one of the
was not in imminent danger from his son.
dogs and was severely injured.
(D) Deny the self-defense instruction, because the father
used excessive force. In a suit against the man, is the neighbor likely to prevail?

2. A man sued a railroad for personal injuries suffered when his (A) No, because the neighbor knew that the man had dan-
car was struck by a train at an unguarded crossing. A major gerous dogs in the yard.
issue is whether the train sounded its whistle before arriving (B) No, because the neighbor was trespassing when he
at the crossing. The railroad has offered the testimony of entered the man’s property.
a resident who has lived near the crossing for 15 years. (C) Yes, because the neighbor was an invitee for the pur-
Although she was not present on the occasion in question, pose of retrieving the shovel.
she will testify that, whenever she is home, the train always (D) Yes, because the man was engaged in an abnormally
sounds its whistle before arriving at the crossing. dangerous activity.
5. A woman from State A filed an action against a retailer
Is the resident’s testimony admissible? in a state court in State B. The complaint alleged that the
retailer had not delivered $100,000 worth of goods for
(A) No, due to the resident’s lack of personal knowledge which the woman had paid.
regarding the incident in question.
(B) No, because habit evidence is limited to the conduct of Twenty days after being served, the retailer, which is incor-
persons, not businesses. porated in State C and has its principal place of business in
(C) Yes, as evidence of a routine practice. State B, filed a notice of removal in a federal district court
(D) Yes, as a summary of her present sense impressions. in State B.
Was the action properly removed?
3. To keep its public school expenditures under control in a
time of increasing costs, a state passed a law providing (A) No, because the notice of removal was not timely filed.
that children who have not lived in the state for at least one (B) No, because the retailer is a citizen of State B.
year cannot attend public schools in the state. (C) Yes, because the parties are citizens of different
states and more than $75,000 is in controversy.
Which of the following statements about this law is most (D) Yes, because the retailer is a citizen of both State B
accurate as a matter of constitutional law? and State C.

MBE Sample Test Questions | 1

Copyright © 2016 by the National Conference of Bar Examiners. All rights reserved.
6. A man owned a house where he lived with his family. The Is the sporting goods shop legally entitled to reject the
man was convicted of selling large quantities of an illegal ­posters?
drug from his house. Acting under a state law authorizing the
(A) No, because the nonconformity does not materially alter
destruction of buildings that are used for illegal activity, the
the value of the posters to the sporting goods shop.
city destroyed the man’s house.
(B) No, because the publisher must be given an opportunity
The man’s family then rented an apartment and demanded to cure the nonconformity before the sporting goods
that the city pay the rent for that temporary residence. The shop can reject the posters.
family relied on a state law providing that any person who (C) Yes, because the posters do not conform to the contract.
(D) Yes, because the publisher has breached an implied
was dispossessed of his or her place of residence because
warranty of fitness for a particular purpose.
of the actions of city officials was entitled to replacement
housing at the city’s expense until permanent substitute 8. A woman borrowed $800,000 from a bank and gave the bank
housing could be found. When the city refused to pay the a note for that amount secured by a mortgage on her farm.
rent for the apartment, the man’s family sued the city in a Several years later, at a time when the woman still owed the
state trial court claiming a right to such payment under both bank $750,000 on the mortgage loan, she sold the farm to
the state law and the due process clause of the Fourteenth a man for $900,000. The man paid the woman $150,000 in
Amendment to the United States Constitution. cash and specifically assumed the mortgage note. The bank
received notice of this transaction and elected not to exer-
The highest state court ruled for the family. Although the cise the optional due-on-sale clause in the mortgage.
court decided that the family had no right to payment under
the state law, it held that the Fourteenth Amendment entitled Without informing the man, the bank later released the
the family to payment of the rent for the temporary apart- woman from any further personal liability on the note.
ment. In its opinion, the highest state court indicated that in After he had owned the farm for a number of years, the man
several of its decisions it had found cities liable for compen- defaulted on the loan. The bank properly accelerated the
sation in similar situations on the basis of the due process loan, and the farm was eventually sold at a foreclosure sale
clause of the state constitution. But the highest state court for $500,000. Because there was still $600,000 owing on the
declined to base its holding on the state constitution because note, the bank sued the man for the $100,000 deficiency.
that issue had not been properly raised in the case.
Is the man liable to the bank for the deficiency?
The city then filed a petition for a writ of certiorari in the
(A) No, because the woman would have still been primarily
United States Supreme Court.
liable for payment, but the bank had released her from
Does the Court have jurisdiction to review the merits of this personal liability.
case? (B) No, because the bank’s release of the woman from per-
sonal liability also released the man.
(A) Yes, because the highest state court based its decision (C) Yes, because the bank’s release of the woman consti-
wholly on federal law grounds. tuted a clogging of the equity of redemption.
(B) Yes, because the federal and state law issues in this (D) Yes, because the man’s personal liability on the note
case are so intertwined that a resolution of the federal was not affected by the bank’s release of the woman.
law issues is necessary to facilitate a proper determina-
9. A young man suggested to his friend that they steal a large-
tion of the state law issues.
screen TV from a neighbor’s house. The friend was angry with
(C) No, because the decision of the highest state court ren-
the young man and decided to use the opportunity to get even
ders the case moot.
with him by having him arrested. The friend said he would
(D) No, because independent state law grounds could have
help, and that night, he drove the young man to the neighbor’s
been used to justify the result in this case. house. The young man broke in while the friend remained out-
side. The friend called the police on his cell phone and then
7. A sporting goods shop contracted with a publisher to buy,
drove away. Police officers arrived at the scene just as the
for sale in its store, 1,200 posters featuring a professional
young man was carrying the TV out the back door.
golfer. During production, the image of the golfer was inad-
vertently reversed and the right-handed golfer appeared to The jurisdiction defines crimes as at common law.
be left-handed. When the posters were delivered on the date
Of what crime, if any, can the friend properly be convicted?
provided in the contract, the sporting goods shop noticed the
discrepancy, which had no provable significant impact on the (A) No crime.
effectiveness of the poster. In the opinion of the shop man- (B) Conspiracy.
agement, however, the posters did not look as good as they (C) Burglary.
had in the catalog from which the shop had ordered them. (D) Conspiracy and larceny.

2 | MBE Sample Test Questions

10. A 50-year-old nurse who had been fired from his job at a 12. Twenty-three years ago, a woman who owned a tract of land
hospital told his attorney, “I was fired because of my age, in fee simple absolute deeded it to her son “and his heirs, so
and I want to sue the hospital.” long as the premises are used for residential purposes.” A
one-story building located on the land was used by the son
Based on this information, the attorney filed an age as his home for the next 11 years.
discrimination complaint against the hospital in federal
­
court. As it turned out, the hospital had hired a 52-year-old Twelve years ago, the son conveyed the land to a friend,
man as the nurse’s replacement, a fact that rendered an age who immediately began to use it for commercial purposes
­discrimination claim unavailable. The hospital responded to and continued to do so until her death four years ago. The
the complaint by filing a motion for sanctions against the friend died intestate, and the land passed to her sole heir,
nurse’s attorney. who went into immediate possession and at all times there-
after has used the land for commercial purposes.
Is the court likely to grant the hospital’s motion?
The period of time to acquire a title by adverse possession
(A) No, because sanctions are not proper against the attor- in the jurisdiction is 10 years. There are no other applicable
ney of a represented party. statutes.
(B) No, because the hospital failed to give the attorney the
chance to withdraw the complaint in advance of filing the The woman has sued the friend’s heir for possession.
motion with the court.
(C) Yes, because the nurse’s attorney failed to conduct a In this action, who will prevail?
reasonable pre-filing inquiry.
(A) The heir, because she has a fee simple absolute in the
(D) Yes, because the nurse’s complaint contained legal
land.
contentions that were not warranted by existing law
(B) The heir, because she has a fee simple determinable
based on the facts in this case.
in the land.
11. A daughter was appointed guardian of her elderly father (C) The woman, because her cause of action against the
following an adjudication of his mental incompetence. The heir did not begin until the heir inherited the land from
father had experienced periods of dementia during which he the friend.
did not fully understand what he was doing. The father later (D) The woman, because once the friend began to use
contracted to purchase an automobile at a fair price from a the land for commercial purposes, the friend’s interest
seller who was unaware of the guardianship. At the time of became uninheritable.
the purchase, the father was lucid and fully understood the
13. A state law prohibits any barbershop licensed by the state
nature and purpose of the transaction.
from displaying posters in support of any current candidate
What is the legal status of the transaction? for public office or displaying or distributing any campaign
literature in support of such a candidate. No other kinds of
(A) The contract is enforceable, because a reasonable per- posters or literature are subject to this prohibition, nor are
son in the situation of the seller would have thought that any other types of commercial establishments in the state
the father had the capacity to make the contract. subject to similar prohibitions.
(B) The contract is enforceable, because it was made
on fair terms and the seller had no knowledge of the Is this law constitutional?
father’s guardianship.
(A) No, because it treats barbershops differently from other
(C) The contract is void, because the father was under
commercial establishments.
guardianship at the time it was made.
(B) No, because it imposes a restriction on the content or
(D) The contract is voidable at the option of the father.
subject matter of speech in the absence of any evidence
that such a restriction is necessary to serve a compel-
ling state interest.
(C) Yes, because it leaves political candidates free to com-
municate their campaign messages to voters by other
means.
(D) Yes, because the operation of a licensed barbershop is
a privilege and therefore is subject to any reasonable
restriction imposed by the state.

MBE Sample Test Questions | 3

14. A defendant was prosecuted for mail fraud. At trial, the (A) Seek a new trial, because the jury instruction affected
defendant moved to have all witnesses excluded from the the protester’s substantial rights.
courtroom, and the court granted the motion. The govern- (B) Seek a new trial, because the verdict was against the
ment named the investigating FBI agent as its designated clear weight of the evidence.
representative. Upon learning that the agent would be giving (C) Seek judgment as a matter of law, because the jury did
testimony during the trial, the defendant moved that the not have legally sufficient evidence to find for the officer.
agent also be excluded from the courtroom. (D) Seek judgment as a matter of law, because the jury’s
findings were clearly erroneous.
Should the defendant’s motion be granted?
17. An attempt was made to hijack a commercial airliner while
(A) No, provided that the government can show that the it was in flight from San Francisco to New Orleans. Within
agent’s presence is essential to the presentation of its minutes, however, the hijacker was seized, and the plane
case. proceeded to its destination. Upon the plane’s arrival, tele-
(B) No, because the government has a right to have its vision stations broadcast pictures of the passengers as they
designated representative remain in the courtroom disembarked. Among the passengers pictured on television
through- out the trial. was a businessman who was supposed to be in Chicago on
(C) Yes, because the agent’s testimony might be influenced company business. The disclosure that the businessman
by the testimony of other witnesses. was in New Orleans and not in Chicago at the time resulted
(D) Yes, because the defendant has a right to exclude all in the loss of his position with his company and great humil-
persons who may be called as government witnesses. iation and embarrassment for him.

15. A man entered a tavern in an obviously intoxicated condition, If the businessman asserts a claim against the television
was refused service, and was ordered to leave and escorted stations for broadcasting his picture as he disembarked, is
out. Just after leaving the tavern, the man staggered across he likely to prevail?
the road toward a liquor store. As he was crossing the road,
the man was struck by a car and severely injured. (A) Yes, because the businessman’s location was revealed
against his wishes.
The man sued the tavern for his personal injuries. At trial, the (B) Yes, because publication of the television pictures
evidence established the facts as set out above. caused the businessman pecuniary loss.
(C) No, because the humiliation and embarrassment did not
At the close of the evidence, both parties moved for judg- result in physical harm to the businessman.
ment as a matter of law. (D) No, because the scene shown on television was
­newsworthy.
How should the court rule on these motions?
18. A company contracted with a builder to construct a new
(A) Deny both motions and submit the case to the jury,
corporate headquarters for a fixed price of $100 million. At
because reasonable jurors could conclude that the acci-
the time of the contract, structural steel was widely available
dent was foreseeable.
and was included in the contract as a $6 million item. Before
(B) Deny both motions and submit the case to the jury,
work began on the project, tornado damage shut down the
because a tavern is a place of public accommodation.
production facility of the biggest structural steel supplier in
(C) Grant the tavern’s motion, because there is no evidence the country, and the price of structural steel increased by
that the tavern breached a duty to the man. 20% as a result. The builder informed the company of the
(D) Grant the man’s motion, because it is undisputed that by steel price increase, and the parties then orally agreed to
being ejected from the tavern, the man was put at risk. increase the project price to $101 million.
16. A protester brought an action in federal court against a The builder proceeded with construction and delivered the
police officer, alleging that the officer’s use of force in arrest- project on time. The company paid the builder $100 million
ing the protester violated the protester’s federal civil rights. but refused to pay the additional $1 million.

During the jury trial, eyewitnesses gave conflicting testimony If the builder sues the company for $1 million, is the builder
on the arrest. At the close of evidence, the protester moved likely to prevail?
for judgment as a matter of law, which the court denied.
(A) No, because the modification was never reduced to a
The court instructed the jury that the protester’s burden of writing signed by the party to be charged.
proof was clear and convincing evidence, rather than the (B) No, because there was no consideration for the modifi-
correct burden of preponderance of the evidence. The jury cation of the contract.
returned a verdict for the officer, and the court entered judg- (C) Yes, because the company’s promise was supported by
ment accordingly. consideration.
(D) Yes, because the modification was fair and equitable in
What is the protester’s best option for challenging the view of the unanticipated increase in the price of struc-
­judgment? tural steel.

4 | MBE Sample Test Questions

19. At a defendant’s trial for extortion, the prosecutor called a 21. The president of a pharmaceutical firm received a report
witness expecting her to testify that she had heard the defen- from his testing bureau that a manufactured lot of the firm’s
dant threaten a man with physical harm unless the man made anti-cancer prescription medication was well below strength.
payoffs to the defendant. The witness denied ever having Concerned about being able to fulfill contractual commit-
heard the defendant make such threats, even though she had ments, the president instructed his staff to deliver the defec-
testified to that effect before the grand jury. The prosecutor tive lot. A cancer patient who had been maintained on the
now seeks to admit the witness’s grand jury testimony. drug died shortly after beginning to take the defective pills.
Medical evidence established that the patient would have
How should the court rule with regard to the grand jury
lived longer had the drug been at full strength, but would
­testimony?
have died before long in any event.
(A) Admit the testimony, because it contains a statement by
The president was convicted of murder. On appeal, he
a party-opponent.
argues that his conviction should be reversed.
(B) Admit the testimony, both for impeachment and for
substantive use, because the witness made the incon- Should the conviction be reversed?
sistent statement under oath at a formal proceeding.
(C) Admit the testimony under the former testimony excep- (A) No, because the intentional delivery of adulterated or
tion to the hearsay rule. mislabeled drugs gives rise to strict criminal liability.
(D) Exclude the testimony for substantive use, because it is (B) No, because the jury could have found that the pres-
a testimonial statement. ident’s conduct was sufficiently reckless to constitute
murder.
20. A man arranged to have custom-made wooden shutters (C) Yes, because distribution of the defective lot was only a
installed on the windows of his home. The contractor who regulatory offense.
installed the shutters did so by drilling screws and brackets (D) Yes, because the cancer, not the president’s conduct,
into the exterior window frames and the shutters. was the proximate cause of death of the patient.
The man later agreed to sell the home to a buyer. The sales
agreement did not mention the shutters, the buyer did not
inquire about them, and the buyer did not conduct a walk-
through inspection of the home before the closing.

The man conveyed the home to the buyer by warranty deed.

After the sale closed, the buyer noticed that the shutters and
brackets had been removed from the home and that the
window frames had been repaired and repainted.

The buyer demanded that the man return the shutters and
pay the cost of reinstallation, claiming that the shutters had
been conveyed to him with the sale of the home. When the
man refused, the buyer sued.

Is the buyer likely to prevail?

(A) No, because the sales agreement did not mention the
shutters.
(B) No, because the window frames had been repaired and
repainted after removal of the shutters.
(C) Yes, because the shutters had become fixtures.
(D) Yes, because the man gave the buyer a warranty deed
and the absence of the shutters violated a covenant of
the deed.

MBE Sample Test Questions | 5

Answer Key

1. B
2. C
3. D
4. A
5. B
6. A
7. C
8. D
9. A
10. B
11. C
12. A
13. B
14. B
15. C
16. A
17. D
18. D
19. B
20. C
21. B

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