California State Bar Examination (MBE) — Questions and Answers

Question 1: For non-capital sentences, the Eighth Amendment's proportionality requirement is violated only by:

Any sentence exceeding the average for similar offenses in other states
Sentences that a reviewing court finds excessive under modern community standards
Mandatory minimum sentences that do not permit judicial discretion
A sentence that is grossly disproportionate to the offense committed (Correct answer)

Correct answer: A sentence that is grossly disproportionate to the offense committed

Under Solem v. Helm and Harmelin v. Michigan, the constitutional bar is gross disproportionality—courts very rarely strike down non-capital sentences.

Question 2: In California state court, what is the standard pleading requirement under the Code of Civil Procedure for a complaint?

Heightened pleading with particularity for all claims
A statement of facts constituting the cause of action in ordinary and concise language (Correct answer)
Notice pleading identical to the federal standard
Plausibility pleading as established in Twombly/Iqbal

Correct answer: A statement of facts constituting the cause of action in ordinary and concise language

California CCP § 425.10 requires a complaint to contain a statement of facts constituting the cause of action in ordinary and concise language.

Question 3: At trial, a party offers a recorded recollection to refresh a witness's memory after the witness states she cannot remember the relevant events. The opposing party objects. The court should rule that the recorded recollection is:

Admissible only if the opposing party stipulates to its authenticity
Inadmissible hearsay in all circumstances
Admissible as an exhibit only if the witness can currently verify its accuracy
Admissible as a hearsay exception if the witness once had knowledge, the record was made when the memory was fresh, and the record accurately reflects the prior knowledge (Correct answer)

Correct answer: Admissible as a hearsay exception if the witness once had knowledge, the record was made when the memory was fresh, and the record accurately reflects the prior knowledge

Under CEC § 1237, a recorded recollection is admissible if the witness once had knowledge, the record was made when the memory was fresh, and it accurately reflected that knowledge.

Question 4: Under California's version of the UCC, a security interest in personal property is perfected most commonly by:

Obtaining a court judgment against the debtor
Filing a UCC-1 financing statement with the Secretary of State (Correct answer)
Recording a deed of trust with the county recorder
Delivering written notice to all creditors of the debtor

Correct answer: Filing a UCC-1 financing statement with the Secretary of State

Under UCC Article 9 as adopted in California, perfection of a security interest in most personal property is accomplished by filing a UCC-1 financing statement with the California Secretary of State.

Question 5: What rights do crime victims have under California's Marsy's Law?

No specific rights beyond testifying at trial
Only the right to file a civil lawsuit
Rights apply only in felony cases
The right to be heard at proceedings, to be notified of case status, and to restitution (Correct answer)

Correct answer: The right to be heard at proceedings, to be notified of case status, and to restitution

Marsy's Law (Proposition 9, 2008) provides crime victims with constitutional rights including notification of proceedings, the right to be heard, protection from the defendant, and restitution.

Question 6: Under Garcetti v. Ceballos and Pickering v. Board of Education, a public employee's speech receives First Amendment protection when:

The employer has no legitimate efficiency interest in regulating it
The speech concerns terms and conditions of employment
The employee speaks as a citizen on a matter of public concern (Correct answer)
Made at any time, whether on-duty or off-duty

Correct answer: The employee speaks as a citizen on a matter of public concern

Public employee speech is constitutionally protected only when the employee speaks as a citizen on a matter of public concern, not when speaking pursuant to official duties.

Question 7: After Daly v. General Motors Corp., a plaintiff's own comparative fault in a strict products liability case:

Remains a complete defense if the plaintiff was more than 50% at fault for their injury
Reduces the plaintiff's recovery proportionately under comparative fault principles (Correct answer)
Is entirely irrelevant because strict liability focuses solely on product condition
Only applies if the plaintiff knowingly used a product they knew was defective

Correct answer: Reduces the plaintiff's recovery proportionately under comparative fault principles

In Daly, the California Supreme Court applied comparative fault principles to strict products liability, reducing plaintiff recovery based on their own fault rather than treating plaintiff conduct as irrelevant.

Question 8: Under the selective incorporation doctrine, provisions of the Bill of Rights apply to states when:

Only criminal procedural rights are selectively incorporated
All Bill of Rights provisions apply automatically to states by amendment
States voluntarily choose to adopt federal constitutional standards
The Supreme Court finds a particular right fundamental to ordered liberty, incorporating it through the Fourteenth Amendment Due Process Clause (Correct answer)

Correct answer: The Supreme Court finds a particular right fundamental to ordered liberty, incorporating it through the Fourteenth Amendment Due Process Clause

Selective incorporation means courts determine case by case which Bill of Rights guarantees are sufficiently fundamental to apply against state governments through the Fourteenth Amendment.

Question 9: Under the doctrine of res judicata (claim preclusion), a final judgment on the merits bars relitigation of which claims in a subsequent action between the same parties?

Claims involving the same parties and same evidence
All claims that were raised or could have been raised arising from the same transaction or occurrence (Correct answer)
Only claims that were actually litigated and decided
Only claims involving the same legal theory

Correct answer: All claims that were raised or could have been raised arising from the same transaction or occurrence

Claim preclusion bars not only claims actually litigated but all claims that could have been raised in the prior action arising from the same transaction or series of transactions.

Question 10: Which of the following correctly states the standard for granting summary judgment in California?

The moving party has a stronger case on the merits
All discovery has been completed without revealing disputed facts
There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
The non-moving party fails to appear at the hearing

Correct answer: There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law

Summary judgment is granted when no triable issue of material fact exists and the moving party is entitled to judgment as a matter of law under CCP §437c.

Question 11: Under UCC Article 2, when both parties are merchants and a contract is formed despite a battle of forms, additional terms in the acceptance:

Are ignored and the offeror's terms control
Become part of the contract unless they materially alter it, were objected to, or the offer expressly limits acceptance (Correct answer)
Require a separate written agreement to be incorporated
Automatically become part of the contract

Correct answer: Become part of the contract unless they materially alter it, were objected to, or the offer expressly limits acceptance

UCC § 2-207(2) provides that between merchants, additional terms become part of the contract unless they materially alter the agreement, the offer expressly limits acceptance, or the offeror objects within a reasonable time.

Question 12: Under California law, pension benefits earned by a spouse during marriage are:

Community property only if the marriage lasted until the date of retirement
Entirely separate property belonging to the employee spouse
Divisible only if the marriage lasted 10 or more years
Community property subject to division regardless of when retirement occurs (Correct answer)

Correct answer: Community property subject to division regardless of when retirement occurs

Pension benefits earned during marriage are community property; the time-rule formula allocates benefits between community and separate periods.

Question 13: Under the duty of candor to the tribunal, an attorney who discovers that directly adverse controlling authority has not been cited by opposing counsel must:

Disclose only if the judge directly inquires about contrary authority during argument
Remain silent because disclosing adverse authority would breach the duty of loyalty
Inform only the client and let the client decide whether to disclose it voluntarily
Disclose that authority to the court even if it harms the client's position (Correct answer)

Correct answer: Disclose that authority to the court even if it harms the client's position

California RPC 3.3(a)(2) requires an attorney to disclose directly adverse controlling authority that opposing counsel has failed to cite, regardless of how harmful it is to the client's case.

Question 14: Defendant is tried for first-degree murder and the jury returns a verdict of not guilty. Investigators later discover compelling new evidence that Defendant did in fact commit the murder. The state may:

Charge Defendant with second-degree murder or manslaughter as lesser offenses
Retry Defendant for first-degree murder if the new evidence is conclusive and was unavailable at trial
Retry Defendant if the original trial was fundamentally unfair due to prosecutorial error
Not retry Defendant for any greater or lesser included homicide offense (Correct answer)

Correct answer: Not retry Defendant for any greater or lesser included homicide offense

The Double Jeopardy Clause of the Fifth Amendment provides an absolute bar to retrial after an acquittal. Once jeopardy attaches and a jury acquits, the state may not retry the defendant for the same offense or any lesser included offense, regardless of new evidence discovered afterward or alleged unfairness in the original proceeding.

Question 15: What is the statute of limitations for medical malpractice in California?

Two years from the date of injury
Five years from the date of injury
One year from discovery or three years from the date of injury, whichever comes first (Correct answer)
No time limit exists

Correct answer: One year from discovery or three years from the date of injury, whichever comes first

Under MICRA (Medical Injury Compensation Reform Act), California limits medical malpractice claims to one year from when the plaintiff discovered or should have discovered the injury, or three years from the date of injury.

Question 16: A defendant in a criminal case invokes the attorney-client privilege to block disclosure of a letter written by his attorney advising him how to destroy incriminating documents. The prosecution argues the crime-fraud exception applies. The court should:

Order an in camera review to determine whether the crime-fraud exception applies before ruling on privilege (Correct answer)
Deny the privilege claim because defendants in criminal cases have reduced privilege protections
Uphold the privilege because the communication occurred before any crime was committed
Uphold the privilege because all attorney-client communications are absolutely protected

Correct answer: Order an in camera review to determine whether the crime-fraud exception applies before ruling on privilege

When the crime-fraud exception is invoked, courts typically conduct an in camera review to determine if the communication was made in furtherance of a crime or fraud before ruling on the privilege.

Question 17: Under the MPC, an attempt requires:

A substantial step toward commission of the crime that strongly corroborates criminal intent (Correct answer)
That the defendant come within 'dangerous proximity' to completing the offense
Both an overt act and the specific intent to commit a particular felony
Completion of every element of the substantive offense except the harmful result

Correct answer: A substantial step toward commission of the crime that strongly corroborates criminal intent

The MPC 'substantial step' test requires conduct that unequivocally demonstrates commitment to the crime, which is a more permissive standard than the common-law proximity tests.

Question 18: Under California law, the statute of frauds requires a writing for contracts that cannot be performed within one year. This one-year period is measured from:

The date the contract is made (Correct answer)
The date performance begins
The date payment is due
The date the contract is signed

Correct answer: The date the contract is made

The one-year period under the statute of frauds runs from the date the contract is formed (made), not from when performance commences.

Question 19: George receives stolen goods knowing they are stolen. He is charged with receipt of stolen property. Which element does the prosecution NOT need to prove?

That George knew the property was stolen at the time he received it
That George received or possessed the property
That the property was stolen
That George personally participated in the original theft (Correct answer)

Correct answer: That George personally participated in the original theft

Receipt of stolen property requires knowing receipt of goods that are in fact stolen; the defendant need not have participated in the underlying theft.

Question 20: The prosecution introduces a laboratory report identifying a controlled substance. The defendant objects that admitting the report without the analyst's testimony violates the Confrontation Clause. The court should:

Admit the report because laboratory reports are not testimonial and do not implicate the Confrontation Clause
Exclude the report because all expert reports are inadmissible hearsay in criminal cases
Admit the report because forensic evidence is always an exception to the Confrontation Clause
Exclude the report unless the analyst who prepared it testifies or is unavailable and was subject to prior cross-examination (Correct answer)

Correct answer: Exclude the report unless the analyst who prepared it testifies or is unavailable and was subject to prior cross-examination

Under Melendez-Diaz v. Massachusetts, forensic laboratory reports are testimonial and their admission without the analyst's testimony violates the Sixth Amendment's Confrontation Clause.

Question 21: A California court may dismiss a case for lack of prosecution under the mandatory dismissal rule if it has not been brought to trial within:

5 years of filing (Correct answer)
2 years of filing
3 years of filing
10 years of filing

Correct answer: 5 years of filing

CCP §583.310 requires that a California civil action be brought to trial within 5 years of filing or it must be dismissed.

Question 22: An expert witness is asked to give an opinion on the ultimate issue in a civil case—specifically, whether the defendant's conduct met the applicable standard of care. Under California law, such testimony is:

Admissible only if the court first conducts a Daubert hearing
Inadmissible because experts are prohibited from testifying on ultimate issues
Admissible because California does not bar expert testimony on ultimate issues (Correct answer)
Inadmissible because the standard of care is a question of law reserved for the court

Correct answer: Admissible because California does not bar expert testimony on ultimate issues

California does not follow a blanket prohibition on expert testimony about ultimate issues; under CEC § 805, expert opinion on the ultimate issue is permissible if otherwise admissible.

Question 23: In a Performance Test, when the library contains cases from a fictional jurisdiction, how should you treat those cases?

Ignore them because they are not real law
Cite them alongside real California cases for comparison
Apply them as if they were binding law within the PT's closed universe (Correct answer)
Treat them as persuasive authority only

Correct answer: Apply them as if they were binding law within the PT's closed universe

The PT library creates a self-contained legal universe; fictional jurisdiction cases are treated as binding law within the context of that PT.

Question 24: Under UCC Article 2 as adopted in California, a merchant's firm offer is irrevocable for how long without consideration?

90 days (Correct answer)
30 days
6 months
60 days

Correct answer: 90 days

Under UCC §2-205, a merchant's written firm offer is irrevocable for the stated period, but not to exceed 90 days.

Question 25: In a contract for the sale of goods under the Uniform Commercial Code (UCC), when can a seller properly refuse to deliver goods?

When the contract contains a non-compete clause.
When the seller believes in good faith that the buyer will not perform their obligations under the contract. (Correct answer)
When the buyer has made a late payment.

Correct answer: When the seller believes in good faith that the buyer will not perform their obligations under the contract.

Under Uniform Commercial Code (UCC) Section 2-609, a seller can properly refuse to deliver goods if they have reasonable grounds to believe the buyer will not perform their contractual obligations. This right to demand adequate assurance of due performance allows the seller to suspend their own performance until the buyer provides satisfactory assurance. If assurance is not given, the seller can treat the contract as repudiated and refuse delivery without breaching.

Question 26: The nondelegation doctrine limits Congress by requiring that any delegation of legislative authority to an executive agency include:

Judicial review of every major agency decision
Mandatory congressional approval of final agency rules
A sunset provision reviewed every five years
An intelligible principle guiding the agency's exercise of delegated power (Correct answer)

Correct answer: An intelligible principle guiding the agency's exercise of delegated power

Congress may delegate broad regulatory authority to agencies only if it provides an intelligible principle to channel agency discretion, though courts rarely invalidate delegations.

Question 27: A tenant vacates a leased apartment before the lease term ends, claiming the landlord's persistent failure to provide heat constitutes constructive eviction. To prevail on this theory, the tenant must establish:

That the landlord received notice and failed to cure the defect within 30 days
A substantial interference with quiet enjoyment caused by the landlord's act or omission, plus the tenant's actual vacation of the premises (Correct answer)
A minor but recurring breach that made the premises less comfortable over time
That the landlord intentionally attempted to drive the tenant out of the premises

Correct answer: A substantial interference with quiet enjoyment caused by the landlord's act or omission, plus the tenant's actual vacation of the premises

Constructive eviction requires: (1) landlord conduct substantially interfering with quiet enjoyment, (2) notice to the landlord, (3) failure to cure, and (4) the tenant's actual abandonment of the premises.

Question 28: In Li v. Yellow Cab Co. (1975), the California Supreme Court adopted which system of comparative fault?

Pure comparative fault — plaintiff may recover damages even if 99% at fault (Correct answer)
Pure contributory negligence — any plaintiff fault bars all recovery
Modified comparative fault — plaintiff recovers only if less than 50% at fault
Slight-gross comparative negligence

Correct answer: Pure comparative fault — plaintiff may recover damages even if 99% at fault

In Li v. Yellow Cab Co., the California Supreme Court adopted pure comparative fault, allowing plaintiffs to recover damages proportionally reduced by their own percentage of fault, even if they are more at fault than the defendant.

Question 29: Negligent entrustment of a vehicle occurs when the vehicle owner:

Permits a minor to drive with a valid learner's permit
Fails to lock the vehicle, allowing unauthorized third-party use
Loans their vehicle to anyone who subsequently causes an accident
Knowingly entrusts the vehicle to an incompetent, unlicensed, or unfit driver (Correct answer)

Correct answer: Knowingly entrusts the vehicle to an incompetent, unlicensed, or unfit driver

Negligent entrustment liability requires that the owner knew or should have known of the borrower's incompetence or unfitness to operate the vehicle.

Question 30: During the marriage, Husband earns $90,000 per year but secretly deposits all of his wages into a bank account held solely in his name, telling Wife nothing. At divorce, those deposited funds are:

Community property, because wages earned during marriage are community property (Correct answer)
Husband's separate property, because Wife had no knowledge of the account
Quasi-community property, because they were concealed from Wife
Husband's separate property, because they are in an account bearing only his name

Correct answer: Community property, because wages earned during marriage are community property

California Family Code § 760 provides that all property, real or personal, acquired by a married person during the marriage while domiciled in California is community property. Wages earned during marriage are community property regardless of whose name appears on the account, and concealment does not change the characterization.

California State Bar Examination (MBE)

The California State Bar Examination is a two-day licensing exam required for attorney admission in California, featuring the Multistate Bar Examination (MBE) with 200 multiple-choice questions across seven core legal subjects, alongside essays and a performance test. It is administered by the State Bar of California twice per year.

Questions

35 min

Time Limit

72%

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