MBE Practice Questions - Multistate Bar Examination Exam - MBE Practice Questions

Question 1

A 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?

Deny the motion because the parties are citizens of different states. Grant the motion because the amount in controversy does not exceed $75,000 exclusive of interest and costs. Deny the motion because diversity jurisdiction requires only a good-faith allegation of an amount greater than $50,000. Grant the motion because federal courts have no jurisdiction over state-law contract claims.

Correct Answer:

Deny the motion because the parties are citizens of different states.

Question 2

A 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?

No, because the defendant lacks minimum contacts with the forum state. No, because transient presence is never a constitutional basis for personal jurisdiction. Yes, because personal service on a defendant physically present in the forum state is a constitutionally sufficient basis for personal jurisdiction. Yes, but only if the underlying claim arose in the forum state.

Correct Answer:

Yes, because personal service on a defendant physically present in the forum state is a constitutionally sufficient basis for personal jurisdiction.

Question 3

In 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?

Apply the California state summary-judgment standard because Erie requires federal courts to apply state procedural rules in diversity cases. Apply the federal Rule 56 standard because Rule 56 is a valid Federal Rule of Civil Procedure that controls over conflicting state procedural rules. Apply whichever standard is more favorable to the moving party. Apply the California standard for the elements of the claim but the federal standard for the burden of proof.

Correct Answer:

Apply the federal Rule 56 standard because Rule 56 is a valid Federal Rule of Civil Procedure that controls over conflicting state procedural rules.

Question 4

A 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:

Improper because joinder of defendants in a single action requires identical legal theories. Proper under Rule 20 because the claims arise out of the same transaction or occurrence and share a common question of law or fact. Permitted only with the consent of both defendants. Improper unless the defendants are jointly and severally liable.

Correct Answer:

Proper under Rule 20 because the claims arise out of the same transaction or occurrence and share a common question of law or fact.

Question 5

A 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?

Deny the motion because the second suit alleges a different legal theory. Deny the motion because claim preclusion does not apply to summary judgments. Grant the motion because claim preclusion bars all claims arising from the same transaction or occurrence that could have been litigated. Grant the motion only if both jurisdictions follow the Restatement (Second) of Judgments.

Correct Answer:

Grant the motion because claim preclusion bars all claims arising from the same transaction or occurrence that could have been litigated.

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Prepare with the MBE Practice Questions - Multistate Bar Examination Exam practice quiz. This question bank includes 100 questions covering defendant, court, federal, plaintiff, and state. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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MBE Practice Questions - Multistate Bar Examination Exam

This practice set contains 100 questions from the matching question bank and focuses on defendant, court, federal, plaintiff, and state. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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MBE Practice Questions - Multistate Bar Examination Exam

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