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200+ Free SD Bar Practice Questions

Pass your South Dakota Bar Examination exam on the first try — instant access, no signup required.

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2026 Statistics

Key Facts: SD Bar Exam

266

Scaled Passing Score

SD Board of Bar Examiners

200 MBE

Multiple-Choice Questions

NCBE

5 MEE + 1 IQL

Essay Questions

SD Board of Bar Examiners

2 MPTs

Performance Tasks

NCBE

$495 + $100

Application + Laptop Fee

SD Board of Bar Examiners (2026)

July 2027

NextGen Transition

SD Board of Bar Examiners

The South Dakota Bar Exam requires a 266 scaled passing score and is non-UBE because of its mandatory Indian Law Question. The exam has 208 testable items: MBE 200 multiple-choice + 5 MEE essays + 1 Indian Law essay + 2 MPTs over ~12 hours across 2 days. The Indian Law Question tests federal Indian law — ICRA (1968), ICWA (1978), Public Law 280, Major Crimes Act, Indian Country jurisdiction, and IGRA — not tribal customary law. SD is one of five optional Public Law 280 states (with AZ, FL, IA, UT) that has not receded jurisdiction. Total cost is $495 application plus $100 laptop fee. The exam transitions to NextGen format in July 2027.

Sample SD Bar Practice Questions

Try these sample questions to test your SD Bar exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1Plaintiff sues Defendant for negligence. At trial, Plaintiff calls Witness, who testifies that immediately after the collision Defendant exclaimed, 'I'm so sorry — I was looking at my phone!' Defendant objects on hearsay grounds. Under the Federal Rules of Evidence, the statement is:
A.Inadmissible hearsay, because it is being offered for the truth of the matter asserted
B.Admissible as a present sense impression under FRE 803(1)
C.Admissible as an opposing party's statement under FRE 801(d)(2)(A)
D.Inadmissible because Plaintiff has not laid a foundation that Defendant was excited
Explanation: Under FRE 801(d)(2)(A), a statement offered against an opposing party that was made by the party in an individual capacity is defined as not hearsay. The phone admission qualifies and is admissible without need for an exception. Present sense impression and excited utterance would also work as alternative bases, but the opposing-party-statement route is the cleanest.
2Under FRE 404(b), evidence of a defendant's prior bad acts is:
A.Always inadmissible to show propensity, but admissible for other purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
B.Always admissible if relevant to any disputed issue
C.Admissible only when the defendant takes the stand to testify
D.Admissible only in civil cases, never in criminal cases
Explanation: FRE 404(b)(1) prohibits character evidence of prior bad acts to prove propensity (that the defendant acted in conformity therewith). FRE 404(b)(2) lists permissible non-propensity purposes: motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake/accident (the 'MIMIC' list). Evidence must still survive FRE 403 balancing.
3Buyer and Seller sign a written contract for the sale of a custom-built widget for $750. The contract states: 'This is the complete and final agreement of the parties.' At trial, Buyer offers evidence that the parties orally agreed Seller would also provide a one-year service plan. Under the UCC, the oral evidence is:
A.Always admissible because oral agreements survive the parol evidence rule under the UCC
B.Inadmissible because the writing is fully integrated and the alleged term contradicts the writing
C.Inadmissible because the writing contains an integration clause, making it presumptively a complete and exclusive statement, although evidence of consistent additional terms may still be admissible if not contradictory
D.Admissible only if Seller signed the alleged service-plan agreement separately
Explanation: Under UCC § 2-202, a final written expression cannot be contradicted by prior or contemporaneous oral evidence, but may be supplemented by consistent additional terms — unless the court finds the writing was a complete and exclusive statement. A merger/integration clause is strong evidence of complete integration but is not conclusive. Courts examine whether the alleged term is one that 'would certainly have been included' if agreed.
4Offeror sends Offeree a written offer to sell goods, stating: 'This offer will remain open for 30 days.' The offer is signed by Offeror, who is a merchant. No consideration is given. Five days later, Offeror revokes. Under UCC § 2-205, the revocation is:
A.Effective, because no consideration supports the promise to hold the offer open
B.Ineffective, because the firm offer rule makes the offer irrevocable for the stated period, up to 3 months
C.Effective only if Offeree has not yet relied on the offer
D.Ineffective for the full 30 days regardless of merchant status
Explanation: UCC § 2-205 (the 'firm offer rule') provides that a signed written offer by a merchant to buy or sell goods is irrevocable for the time stated — but no longer than 3 months — even without consideration. Because the offer here is signed by a merchant and states 30 days, it is irrevocable for that period.
5Owner conveys Blackacre 'to A for life, then to A's children who reach 21.' At the time of conveyance, A has no children. Under the common-law Rule Against Perpetuities, the interest in A's children is:
A.Valid, because A is a life in being who can serve as the measuring life
B.Void, because A could have children who do not reach 21 within 21 years of A's death
C.Valid only if Owner is also alive at the time of conveyance
D.Void because A has no children at the time of conveyance
Explanation: A is the life in being and the measuring life. All of A's children must necessarily be born during A's lifetime (a person cannot have children after death, except per stricti juris a posthumous child within ~9 months). Therefore any contingency tied to A's children reaching age 21 must vest, if at all, within 21 years after A's death. The interest is valid under RAP.
6Driver runs a red light and strikes Pedestrian, who is jaywalking. Pedestrian is found 40% at fault and Driver is found 60% at fault. Pedestrian's total damages are $100,000. Under a pure comparative negligence system, Pedestrian's recovery is:
A.$0, because Pedestrian's fault bars recovery
B.$40,000
C.$60,000
D.$100,000
Explanation: Under pure comparative negligence, the plaintiff's damages are reduced by the plaintiff's percentage of fault, no matter how high. Pedestrian recovers 100% minus 40% = 60% of $100,000 = $60,000. (Note: South Dakota actually uses 'slight-gross' contributory negligence under SDCL § 20-9-2, but the MBE tests pure comparative as the default rule. This question is MBE-style.)
7Defendant intentionally fires a gun at Victim 1, missing but striking Victim 2. Under the doctrine of transferred intent, Defendant is liable to Victim 2 for:
A.Negligence only, because Defendant did not intend to harm Victim 2
B.Battery, because the intent to commit battery against Victim 1 transfers to Victim 2
C.No tort, because there was no intent to touch Victim 2
D.Assault only, because Victim 2 was placed in apprehension
Explanation: Transferred intent applies among five intentional torts: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Intent to commit one of these torts against one victim transfers to a different victim or a different tort within the list. Defendant intended a battery against Victim 1 — that intent transfers to make Defendant liable to Victim 2 for battery.
8A state statute bans all door-to-door solicitation between 6 p.m. and 9 a.m. A religious organization sues, claiming the statute violates the First Amendment. Under the Free Speech Clause, the statute is most likely:
A.Unconstitutional, because it is a content-based restriction on speech
B.Constitutional as a reasonable time, place, and manner restriction if it is content-neutral, serves a significant government interest, is narrowly tailored, and leaves open ample alternative channels of communication
C.Unconstitutional because all restrictions on door-to-door solicitation violate the First Amendment
D.Constitutional only as applied to commercial solicitation, not religious
Explanation: A content-neutral time/place/manner restriction in a traditional or designated public forum is valid if it (1) is content-neutral, (2) serves a significant government interest, (3) is narrowly tailored, and (4) leaves open ample alternative channels of communication (Ward v. Rock Against Racism, 491 U.S. 781). A flat hours-based limit applied to all solicitation is content-neutral.
9Congress enacts a statute imposing federal regulations on private employers based on the Commerce Clause. The Supreme Court will uphold the regulation under modern Commerce Clause jurisprudence if it regulates:
A.Only activities that have a direct effect on interstate commerce
B.(1) Channels of interstate commerce, (2) instrumentalities of interstate commerce, or (3) activities that substantially affect interstate commerce
C.Only commercial activities that cross state lines
D.Any activity Congress deems to affect commerce, with no judicial review
Explanation: Under United States v. Lopez (514 U.S. 549) and United States v. Morrison (529 U.S. 598), Congress may regulate (1) channels of interstate commerce, (2) instrumentalities of interstate commerce or persons/things in interstate commerce, and (3) activities that substantially affect interstate commerce. The third category requires aggregation only for economic activity.
10Defendant is charged with burglary. At common law, burglary is defined as:
A.Breaking and entering of any structure with intent to commit any crime therein
B.Breaking and entering of the dwelling of another in the nighttime with the intent to commit a felony therein
C.Entering any building during business hours with intent to steal
D.Taking property from another's home, with or without entry
Explanation: Common-law burglary has six elements: (1) breaking, (2) and entering, (3) of the dwelling, (4) of another, (5) in the nighttime, (6) with the intent to commit a felony therein. Modern statutes (and SDCL Chapter 22-32) often relax these — extending to any structure, any time of day, any underlying crime — but MBE-style questions on 'common law' apply the strict definition.

About the SD Bar Exam

The South Dakota Bar Examination is a non-UBE exam administered over two days (~12 hours total) by the SD Board of Bar Examiners. It combines all UBE components — 200 MBE multiple-choice questions, 5 MEE essays, and 2 MPT performance tasks — plus a mandatory 30-minute Indian Law Question (IQL) covering federal Indian law. The IQL makes South Dakota non-UBE: scores are not portable to UBE jurisdictions.

Questions

208 scored questions

Time Limit

12 hours over 2 days

Passing Score

266 scaled

Exam Fee

$495 + $100 laptop (South Dakota Board of Bar Examiners)

SD Bar Exam Content Outline

50%

MBE — Multistate Bar Examination

200 multiple-choice questions across 7 NCBE subjects: Civil Procedure, Constitutional Law, Contracts (incl. UCC Article 2), Criminal Law & Procedure, Evidence (Federal Rules), Real Property, Torts. 175 scored + 25 unscored pretest.

20%

MEE — Multistate Essay Examination

5 NCBE essays (SD uses 5 of the 6 MEE essays, with one slot replaced by the Indian Law Question). Subjects include Business Associations, Conflict of Laws, Family Law, Trusts & Estates, UCC Articles 3 & 9, Secured Transactions.

10%

Indian Law Question (SD-Specific)

1 mandatory 30-minute essay on federal Indian law: civil/criminal jurisdiction in Indian Country (18 U.S.C. § 1151), Indian Civil Rights Act (ICRA, 1968), Indian Child Welfare Act (ICWA, 1978), Public Law 280, Major Crimes Act (18 U.S.C. § 1153), General Crimes Act, Indian Gaming Regulatory Act (IGRA). Does NOT test tribal customary law.

20%

MPT — Multistate Performance Test

2 NCBE performance tasks (90 minutes each) simulating real legal work: drafting memos, briefs, client letters, or other documents using a closed-universe case file and library.

How to Pass the SD Bar Exam

What You Need to Know

  • Passing score: 266 scaled
  • Exam length: 208 questions
  • Time limit: 12 hours over 2 days
  • Exam fee: $495 + $100 laptop

Keys to Passing

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

SD Bar Study Tips from Top Performers

1Treat the Indian Law Question as a separate exam: it is one 30-minute essay worth ~10% of your score. Memorize ICRA's enumerated rights (no establishment clause, no right to counsel at tribal expense), ICWA's placement preferences, and the Major Crimes Act's 7 (now 16) enumerated offenses
2Master 18 U.S.C. § 1151 (Indian Country definition) and the resulting jurisdictional matrix — who has jurisdiction over crimes by Indians, against Indians, and between non-Indians in Indian Country depends on this section
3Remember South Dakota is a non-receded P.L. 280 state, but courts have largely blocked SD from extending state jurisdiction onto reservations. Most major crimes default to federal jurisdiction under the Major Crimes Act
4Allocate 50% of total study time to the MBE — it is half your score and overlaps heavily with MEE subjects. Complete 1,500+ practice questions and review every wrong answer
5For MEE essays, use strict IRAC structure. SD uses 5 MEE essays (instead of UBE's 6) so each essay carries more weight per question than in UBE jurisdictions
6Practice MPT tasks under strict 90-minute timing — closed-universe analysis is highly teachable and the most improvable component with practice

Frequently Asked Questions

Is the South Dakota Bar Exam a UBE exam?

No. South Dakota is not a UBE jurisdiction because the exam includes a mandatory state-specific Indian Law Question (IQL). The SD Bar uses all three UBE components — MBE, MEE, and MPT — but adds the 30-minute Indian Law essay, which prevents score portability. SD scores cannot be transferred to other UBE jurisdictions.

What is the passing score for the South Dakota Bar Exam?

South Dakota requires a 266 scaled score to pass, slightly lower than the most common UBE minimum of 270. The MBE accounts for 50% of the score, the written components (5 MEE essays + 1 Indian Law essay + 2 MPTs) account for the other 50%. Each section is graded together on the 400-point scale.

What does the Indian Law Question test?

The IQL tests federal Indian law only — not tribal or customary law. Core topics include: Indian Civil Rights Act (ICRA, 25 U.S.C. § 1301 et seq., 1968), Indian Child Welfare Act (ICWA, 25 U.S.C. § 1901 et seq., 1978), Public Law 280 (criminal/civil jurisdiction transfers), Major Crimes Act (18 U.S.C. § 1153), Indian Country definition (18 U.S.C. § 1151), General Crimes Act (18 U.S.C. § 1152), and Indian Gaming Regulatory Act (IGRA).

How much does the South Dakota Bar Exam cost?

The base application fee is $495, plus a $100 laptop fee for candidates electing to type the written portions (most do). Total exam-day cost is approximately $595. Commercial bar prep courses cost an additional $2,000-$4,000. Character and fitness investigation fees may be billed separately.

How is South Dakota Public Law 280 jurisdiction structured?

South Dakota is one of five optional Public Law 280 states (with Arizona, Florida, Iowa, and Utah) that have NOT receded any P.L. 280 jurisdiction. SD attempted to assume full or partial jurisdiction between 1957-1961 but was largely unsuccessful in extending it to reservations due to court battles and the requirement under the 1968 ICRA amendments that tribes consent. As a result, most of SD's nine reservations remain under federal/tribal jurisdiction for major crimes via the Major Crimes Act.

When does South Dakota transition to the NextGen Bar Exam?

South Dakota plans to transition to the NextGen Bar Exam in July 2027. The NextGen format reduces total exam time and integrates skills with doctrinal testing. SD will need to determine how to incorporate its mandatory Indian Law Question into the NextGen framework. Check with the SD Board of Bar Examiners (ujsbarexam.sd.gov) for the latest schedule.

How long should I study for the SD Bar Exam?

Plan for 400-600 hours over 10-14 weeks of full-time preparation. Allocate roughly 50% to MBE subjects, 25% to MEE essay practice, 10% to the Indian Law Question, and 15% to MPT and final review. Complete at least 1,500+ MBE practice questions and write at least 20 timed MEE essays plus 4-6 IQL practice essays before test day.