A motion to dismiss for failure to state a claim upon which relief can be granted primarily tests:

The legal sufficiency of the complaint, generally accepting the well-pleaded factual allegations as true

Whether the plaintiff will win at trial

The credibility of the witnesses

Whether the jury is properly selected

Congress's authority to regulate commerce among the states derives primarily from:

The Necessary and Proper Clause alone

Under general contract principles, the three basic elements needed to form an enforceable contract are:

Offer, acceptance, and consideration

Writing, signature, and a notary

Offer, acceptance, and a lawsuit

Payment, delivery, and a receipt

Under the common-law mirror-image rule, an acceptance must:

Match the terms of the offer without adding or changing terms

Under Miranda, warnings are generally required before:

A custodial interrogation of a suspect

Any conversation with a police officer

A routine traffic stop with no questioning

Under the general rules of evidence, hearsay is best described as:

An out-of-court statement offered to prove the truth of the matter asserted

Any statement made by a witness

Testimony given under oath at trial

Under the general rule, evidence of a person's character is:

Ordinarily not admissible to prove that the person acted in conformity with that character on a particular occasion, subject to exceptions

Always admissible for any purpose

Never admissible for any reason

A distinctive feature of a joint tenancy, as generally recognized, is:

The interest always passes by will

The four traditional elements of a negligence claim are:

Duty, breach, causation, and damages

Offer, acceptance, consideration, and writing

Intent, motive, opportunity, and harm

Malice, custody, arrest, and trial

MBE Multistate Bar Examination Practice Test

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Sample practice questions

A few real questions from this free bank, with full explanations. Use the practice tool above for the whole set.

1. Civil Procedure
In federal court, diversity jurisdiction generally requires complete diversity of citizenship and that the amount in controversy exceed:
- a.$10,000
- b.$75,000
- c.$100,000
- d.There is no amount requirement
Answer: b
Explanation: Under the general federal diversity statute, the parties must be completely diverse (no plaintiff shares citizenship with any defendant) and the amount in controversy must exceed $75,000. This is the standard federal rule; always confirm the current statute and any special provisions.
2. Civil Procedure
A motion to dismiss for failure to state a claim upon which relief can be granted primarily tests:
- a.The legal sufficiency of the complaint, generally accepting the well-pleaded factual allegations as true
- b.Whether the plaintiff will win at trial
- c.The credibility of the witnesses
- d.Whether the jury is properly selected
Answer: a
Explanation: This motion challenges the legal sufficiency of the complaint, and the court generally accepts the well-pleaded factual allegations as true and asks whether they state a plausible claim. It does not resolve disputed facts or weigh evidence.
3. Constitutional Law
Congress's authority to regulate commerce among the states derives primarily from:
- a.The First Amendment
- b.The Supremacy Clause
- c.The Necessary and Proper Clause alone
- d.The Commerce Clause
Answer: d
Explanation: The Commerce Clause of Article I grants Congress power to regulate commerce with foreign nations, among the several states, and with Indian tribes. It is one of the broadest sources of federal legislative power.
4. Contracts
Under general contract principles, the three basic elements needed to form an enforceable contract are:
- a.Writing, signature, and a notary
- b.Offer, acceptance, and a lawsuit
- c.Offer, acceptance, and consideration
- d.Payment, delivery, and a receipt
Answer: c
Explanation: A basic contract generally requires an offer, an acceptance, and consideration (a bargained-for exchange of value). Additional requirements such as capacity and legality also apply, and some contracts must be in writing.
5. Contracts
Under the common-law mirror-image rule, an acceptance must:
- a.Match the terms of the offer without adding or changing terms
- b.Always add new favorable terms
- c.Be made only in writing
- d.Include a payment of money
Answer: a
Explanation: At common law, the mirror-image rule requires that the acceptance mirror the terms of the offer; a response that changes or adds terms is generally a counteroffer, not an acceptance. Note that the UCC modifies this rule for the sale of goods.
6. Criminal Law & Procedure
Under Miranda, warnings are generally required before:
- a.Any conversation with a police officer
- b.A routine traffic stop with no questioning
- c.A custodial interrogation of a suspect
- d.Filing any criminal charge
Answer: c
Explanation: Miranda warnings are generally required before a custodial interrogation, meaning questioning after a suspect is in custody or otherwise deprived of freedom in a significant way. Voluntary statements not prompted by interrogation are typically not barred.
7. Evidence
Under the general rules of evidence, hearsay is best described as:
- a.Any statement made by a witness
- b.An out-of-court statement offered to prove the truth of the matter asserted
- c.Only written statements
- d.Testimony given under oath at trial
Answer: b
Explanation: Hearsay is an out-of-court statement offered to prove the truth of the matter it asserts, and it is generally inadmissible unless an exception or exclusion applies. The precise definition and exceptions can vary somewhat by jurisdiction.
8. Evidence
Under the general rule, evidence of a person's character is:
- a.Ordinarily not admissible to prove that the person acted in conformity with that character on a particular occasion, subject to exceptions
- b.Always admissible for any purpose
- c.Admissible only in civil cases
- d.Never admissible for any reason
Answer: a
Explanation: The general rule bars using character evidence to show that a person acted in conformity with a character trait (propensity) on a specific occasion, though there are recognized exceptions, such as certain uses in criminal cases. Jurisdictions vary in the details.
9. Real Property
A distinctive feature of a joint tenancy, as generally recognized, is:
- a.The interest always passes by will
- b.It can never be severed
- c.The right of survivorship
- d.It requires a written lease
Answer: c
Explanation: A joint tenancy generally carries a right of survivorship, so on the death of one joint tenant the interest passes to the surviving joint tenant(s) rather than through the decedent's will. Creating it traditionally requires the four unities, and it can be severed; specifics vary by jurisdiction.
10. Torts
The four traditional elements of a negligence claim are:
- a.Duty, breach, causation, and damages
- b.Offer, acceptance, consideration, and writing
- c.Intent, motive, opportunity, and harm
- d.Malice, custody, arrest, and trial
Answer: a
Explanation: A negligence claim generally requires a duty owed to the plaintiff, a breach of that duty, causation (both actual and proximate), and damages. Each element must be established for the claim to succeed.