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100+ Free MBE Practice Questions

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A defendant breaks into a stranger's home at night intending to steal jewelry. Before he can take anything, the homeowner returns and the defendant flees. The defendant is charged with common-law burglary. To be guilty, the prosecution must prove:

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2026 Statistics

Key Facts: MBE Exam

200

Multiple-Choice Questions

NCBE (175 scored + 25 pretest)

6 hours

Total Exam Time

2 × 3-hour sessions

7

Subjects Tested

25 scored questions per subject

135

Common Passing Scaled Score

Out of 200 (varies by jurisdiction)

50%

Share of UBE Score

NCBE

200-300 hrs

MBE-Focused Study Time

Within broader bar prep

The MBE (Multistate Bar Examination) is 200 multiple-choice questions across 7 subjects — Civil Procedure, Constitutional Law, Contracts (incl. UCC Article 2), Criminal Law & Procedure, Evidence, Real Property, and Torts — administered in 2 × 3-hour sessions in a single day. 175 questions are scored (25 per subject); 25 are unscored pretest items. Each jurisdiction sets its own passing scaled score, with 135 / 200 a common cutoff. The MBE is the multiple-choice component of the UBE and is included in the jurisdiction bar exam fee.

Sample MBE Practice Questions

Try these sample questions to test your MBE exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1A plaintiff from Ohio sues a defendant from Michigan in federal district court in Ohio, alleging breach of a $90,000 contract. The case is filed solely under diversity jurisdiction. The defendant moves to dismiss for lack of subject-matter jurisdiction. How should the court rule?
A.Deny the motion because the parties are citizens of different states.
B.Grant the motion because the amount in controversy does not exceed $75,000 exclusive of interest and costs.
C.Deny the motion because diversity jurisdiction requires only a good-faith allegation of an amount greater than $50,000.
D.Grant the motion because federal courts have no jurisdiction over state-law contract claims.
Explanation: Under 28 U.S.C. § 1332(a), diversity jurisdiction requires complete diversity of citizenship AND that the amount in controversy exceed $75,000, exclusive of interest and costs. A $90,000 contract dispute satisfies the amount, but the question says the claim is $90,000 — wait, $90,000 does exceed $75,000. The trick is that the answer must be 'deny.' The correct rule: amount > $75,000 satisfies the statute. Re-read: the claim is $90,000, which exceeds $75,000, so SMJ exists and option A is correct. (Treat option B as the distractor for cases ≤$75,000.) Note: $75,000 exactly is NOT enough — the statute requires the amount to *exceed* $75,000.
2A plaintiff sues a defendant in federal court under diversity jurisdiction. The defendant has never been to the forum state, owns no property there, has no contracts there, and has no contacts with the forum. The plaintiff serves the defendant with process while the defendant is briefly changing planes at the forum-state airport. Does the federal court have personal jurisdiction over the defendant?
A.No, because the defendant lacks minimum contacts with the forum state.
B.No, because transient presence is never a constitutional basis for personal jurisdiction.
C.Yes, because personal service on a defendant physically present in the forum state is a constitutionally sufficient basis for personal jurisdiction.
D.Yes, but only if the underlying claim arose in the forum state.
Explanation: Under Burnham v. Superior Court (1990), personal service on a non-resident defendant while voluntarily and physically present in the forum state ('tag jurisdiction' or 'transient jurisdiction') is a constitutionally sufficient basis for general personal jurisdiction, even absent minimum contacts. The claim need not arise from in-state activity. The Federal Rules of Civil Procedure (Rule 4(k)(1)(A)) allow a federal court to exercise the same personal jurisdiction as a state court of general jurisdiction in the state where the district court sits.
3In a diversity action filed in federal district court in California, the defendant moves for summary judgment. The substantive cause of action is governed by California law. The defendant argues that the California state-court summary-judgment standard, which is more plaintiff-friendly than the federal Rule 56 standard, should apply. How should the court rule on which standard applies?
A.Apply the California state summary-judgment standard because Erie requires federal courts to apply state procedural rules in diversity cases.
B.Apply the federal Rule 56 standard because Rule 56 is a valid Federal Rule of Civil Procedure that controls over conflicting state procedural rules.
C.Apply whichever standard is more favorable to the moving party.
D.Apply the California standard for the elements of the claim but the federal standard for the burden of proof.
Explanation: Under Hanna v. Plumer (1965) and the Rules Enabling Act, a Federal Rule of Civil Procedure that is on point and is valid under the Act controls in diversity, even if it conflicts with state procedural law. Federal Rule 56 sets the summary-judgment standard ('no genuine dispute as to any material fact'). It is a valid rule of practice and procedure that does not abridge substantive rights. The Erie doctrine governs only where there is no valid federal rule on point.
4A plaintiff sues two defendants in federal court for injuries from a single auto accident. One claim is based on negligence, the other on negligent entrustment of the vehicle. Both arise out of the same accident. Joinder of the two defendants in a single action is:
A.Improper because joinder of defendants in a single action requires identical legal theories.
B.Proper under Rule 20 because the claims arise out of the same transaction or occurrence and share a common question of law or fact.
C.Permitted only with the consent of both defendants.
D.Improper unless the defendants are jointly and severally liable.
Explanation: Federal Rule 20(a)(2) permits permissive joinder of defendants in one action if (1) any right to relief is asserted against them jointly, severally, or in the alternative arising out of the same transaction, occurrence, or series of transactions or occurrences, AND (2) any question of law or fact common to all defendants will arise. A single car accident clearly meets both requirements; different legal theories are immaterial.
5A federal court grants summary judgment to a defendant in a negligence case on the ground that the plaintiff cannot establish the element of duty. The judgment is on the merits and final. The plaintiff later files a second suit in a different federal district against the same defendant on the same facts, alleging strict products liability. The defendant moves to dismiss based on claim preclusion (res judicata). How should the court rule?
A.Deny the motion because the second suit alleges a different legal theory.
B.Deny the motion because claim preclusion does not apply to summary judgments.
C.Grant the motion because claim preclusion bars all claims arising from the same transaction or occurrence that could have been litigated.
D.Grant the motion only if both jurisdictions follow the Restatement (Second) of Judgments.
Explanation: Under the majority federal approach (and the Restatement (Second) of Judgments), claim preclusion bars relitigation of any claim arising out of the same transaction or occurrence as a prior final judgment on the merits between the same parties, regardless of legal theory. Summary judgment is a final judgment on the merits. Both negligence and strict products liability arise from the same accident, so the second suit is barred.
6A plaintiff files a complaint in federal court asserting only a state-law breach-of-contract claim. The complaint alleges that the defendant breached the contract by violating a federal regulation. The parties are non-diverse. Does the federal court have federal-question jurisdiction?
A.Yes, because federal law is mentioned in the complaint.
B.Yes, because the defendant's defense will raise a federal issue.
C.No, because the cause of action arises under state law, not federal law.
D.No, because federal-question jurisdiction requires diversity of citizenship.
Explanation: Under the 'well-pleaded complaint' rule (Louisville & Nashville R.R. v. Mottley), federal-question jurisdiction under 28 U.S.C. § 1331 exists only if the federal issue appears on the face of a well-pleaded complaint as part of the plaintiff's cause of action. A state-law breach-of-contract claim that incidentally mentions federal law does not 'arise under' federal law. Defenses, even federal ones, do not create § 1331 jurisdiction.
7In a federal diversity action, the parties dispute whether a state statute of limitations or federal common-law limitations period applies. The Supreme Court has held that statutes of limitations are:
A.Procedural, so federal common law applies in diversity.
B.Substantive for Erie purposes, so state law applies in diversity.
C.Subject to the parties' choice in the pleadings.
D.Always governed by the Federal Rules of Civil Procedure.
Explanation: In Guaranty Trust Co. v. York (1945), the Supreme Court held that statutes of limitations are substantive for Erie purposes because applying a different limitations period in federal court would lead to a different outcome than in state court — violating the 'twin aims' of Erie (avoiding forum-shopping and inequitable administration of laws). In diversity cases, federal courts must apply the state statute of limitations.
8A plaintiff sues a defendant in federal court for $200,000. After the defendant answers, the plaintiff moves to amend the complaint to add a related claim against a third party not yet in the lawsuit. The third party is a citizen of the same state as the plaintiff, and there is no independent federal jurisdiction over the claim against the third party. The court should:
A.Permit joinder because Rule 20 allows permissive joinder of any defendant.
B.Deny joinder because supplemental jurisdiction does not extend to claims against new defendants joined under Rule 20 by plaintiffs in diversity cases when joinder would destroy complete diversity.
C.Permit joinder if the plaintiff agrees to limit damages to $75,000.
D.Permit joinder because federal courts have inherent power to consolidate related claims.
Explanation: Under 28 U.S.C. § 1367(b), supplemental jurisdiction does not extend to claims by plaintiffs against persons made parties under Rule 14 (impleader), Rule 19 (required joinder), Rule 20 (permissive joinder), or Rule 24 (intervention) when exercising supplemental jurisdiction would be inconsistent with the requirements of § 1332 (diversity). Adding a non-diverse defendant via Rule 20 would destroy complete diversity, so § 1367(b) prohibits supplemental jurisdiction.
9Under Federal Rule 56, summary judgment is appropriate when:
A.The movant shows by a preponderance of the evidence that the movant should prevail.
B.There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
C.The opposing party fails to appear at the hearing.
D.The judge concludes that the nonmovant's case is weaker than the movant's.
Explanation: Federal Rule of Civil Procedure 56(a) provides that the court 'shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.' The court does not weigh evidence on summary judgment — it determines whether a reasonable jury could find for the nonmovant on the existing record (Anderson v. Liberty Lobby).
10A plaintiff files a federal-question action in federal district court. The defendant timely removes a related state-court action to federal court. The plaintiff moves to remand on the ground that one defendant did not join the notice of removal. Under 28 U.S.C. § 1446, removal of a civil action requires:
A.A majority vote of all defendants.
B.The consent of all properly joined and served defendants.
C.Only the consent of the lead defendant.
D.Court approval before removal can be effective.
Explanation: Under the 'rule of unanimity' codified in 28 U.S.C. § 1446(b)(2)(A), when a civil action is removed solely under § 1441(a), all defendants who have been properly joined and served must join in or consent to the removal. The failure of one defendant to consent is grounds for remand. Defendants not yet served are not required to consent.

About the MBE Exam

The Multistate Bar Examination (MBE) is a 200-question, 6-hour multiple-choice exam developed by the National Conference of Bar Examiners (NCBE). It is administered as part of the bar examination in nearly every U.S. jurisdiction and accounts for 50% of the Uniform Bar Examination (UBE) score. The MBE tests 7 subjects with 25 scored questions each plus 25 unscored pretest questions, given in two 3-hour sessions of 100 questions on a single day.

Questions

200 scored questions

Time Limit

6 hours (2 × 3-hour sessions)

Passing Score

Jurisdiction-set scaled score (common cutoff 135 / 200)

Exam Fee

Included in jurisdiction bar exam fee (NCBE)

MBE Exam Content Outline

14%

Civil Procedure

FRCP, SMJ, personal jurisdiction, Erie doctrine, joinder, summary judgment, preclusion

14%

Constitutional Law

Judicial review, separation of powers, federalism, individual rights (speech, religion, EP, DP)

14%

Contracts (incl. UCC Article 2)

Formation, defenses, performance, breach, remedies, third-party rights, UCC sales

14%

Criminal Law & Procedure

Substantive crimes + 4th/5th/6th Amendment procedure (~50% of questions)

14%

Evidence (FRE)

Relevance, hearsay, character, impeachment, privileges, authentication

16%

Real Property

Estates, future interests, concurrent ownership, landlord-tenant, mortgages, deeds, recording, easements

14%

Torts

Intentional torts, negligence, strict liability, products liability, defamation, privacy

How to Pass the MBE Exam

What You Need to Know

  • Passing score: Jurisdiction-set scaled score (common cutoff 135 / 200)
  • Exam length: 200 questions
  • Time limit: 6 hours (2 × 3-hour sessions)
  • Exam fee: Included in jurisdiction bar exam fee

Keys to Passing

  • Complete 500+ practice questions
  • Score 80%+ consistently before scheduling
  • Focus on highest-weighted sections
  • Use our AI tutor for tough concepts

MBE Study Tips from Top Performers

1Treat the MBE as a rule-application test — memorize black-letter law cold for all 7 subjects before drilling questions
2Complete at least 2,000 MBE-style questions, with 100-question timed sets to mirror the 1.8 minutes-per-question pace
3Master the FRE hearsay exceptions (FRE 803, 804, 807) and the difference between non-hearsay (801(d)) and hearsay exceptions — they are tested heavily
4For Real Property, build a one-page chart of estates and future interests; recognition is faster than derivation under exam time pressure
5Use our AI tutor to dissect every wrong answer — track misses by topic and re-drill weak areas before the next set

Frequently Asked Questions

How is the MBE structured?

The MBE is 200 multiple-choice questions administered in two 3-hour sessions on a single day — 100 questions in the morning and 100 in the afternoon. Of the 200 questions, 175 are scored (25 from each of 7 subjects) and 25 are unscored pretest items used by NCBE to calibrate future questions. You have an average of 1.8 minutes per question.

What subjects does the MBE test?

The MBE tests 7 subjects with 25 scored questions each: Civil Procedure, Constitutional Law, Contracts (including UCC Article 2), Criminal Law and Procedure, Evidence (Federal Rules), Real Property, and Torts. About one-quarter of Contracts questions involve UCC Article 2 sales, and about half of Criminal Law and Procedure questions test constitutional criminal procedure under the 4th, 5th, and 6th Amendments.

What is a passing MBE score?

There is no single national passing score — each jurisdiction sets its own minimum MBE scaled score. A scaled score of 135 out of 200 is a common cutoff for the MBE component, and the national mean scaled score has hovered near 140 in recent administrations. In UBE jurisdictions, the MBE counts as 50% of the total UBE score, with passing UBE scores typically between 260 and 270.

How is the MBE scored?

Only 175 of the 200 questions are scored (25 per subject); the other 25 are unscored pretest items mixed in with no indication of which is which. Your raw score (number correct out of 175) is converted to a scaled score from 0 to 200 using equating to account for difficulty differences across administrations. There is no penalty for wrong answers, so always answer every question.

How long should I study for the MBE?

Most candidates spend 200-300 hours specifically on MBE preparation as part of a broader 400-600 hour bar prep program. Complete at least 2,000 practice questions before test day, including timed 100-question sets to build endurance. Reviewing wrong answers carefully and re-attacking weak topics matters more than question volume alone.

How does the MBE fit into the bar exam?

The MBE is administered as part of the bar exam in nearly every U.S. jurisdiction. In UBE jurisdictions, it counts for 50% of the total bar exam score, with the MEE essays (30%) and MPT performance tasks (20%) making up the rest. The MBE fee is included in the jurisdiction's bar exam fee — you do not pay NCBE separately.

Will the MBE change with the NextGen bar exam?

Yes. NCBE is replacing the current UBE (including the MBE) with the NextGen Bar Exam, which launches in early-adopter jurisdictions in July 2026. The NextGen exam integrates multiple-choice items with skills-based questions in a 9-hour test across three 3-hour sessions and is shorter than the current 12-hour, two-day format. Check the NCBE NextGen page for the latest jurisdiction adoption timeline.