California State Bar Examination (MBE) — Questions and Answers

Question 1: What is the No Contest Clause (in terrorem clause) in California wills and trusts?

No contest clauses are not recognized in California
It automatically disinherits all family members
A provision that penalizes beneficiaries who contest the document by reducing or eliminating their inheritance, enforceable only for contests without probable cause (Correct answer)
It prevents anyone from ever challenging the will

Correct answer: A provision that penalizes beneficiaries who contest the document by reducing or eliminating their inheritance, enforceable only for contests without probable cause

California enforces no contest clauses but only against contests filed without probable cause. Under Probate Code Section 21311, a contest based on probable cause will not trigger forfeiture.

Question 2: 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
Recording a deed of trust with the county recorder
Delivering written notice to all creditors of the debtor
Filing a UCC-1 financing statement with the Secretary of State (Correct answer)

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 3: A party seeks to introduce a certified copy of a public record to prove its contents. The opposing party objects on authentication grounds. The court should rule:

Overruled, because certified copies of public records are self-authenticating under California law (Correct answer)
Sustained, because all documents require live testimony to authenticate
Sustained, because only original documents may be admitted
Overruled, but only if a custodian of records also testifies

Correct answer: Overruled, because certified copies of public records are self-authenticating under California law

Certified copies of official public records are self-authenticating under CEC § 1530 and need no extrinsic authentication evidence.

Question 4: Paula asks Bill to commit arson; Bill refuses. Paula burns the building herself. Paula is guilty of:

Neither, because solicitation requires agreement from the other party
Arson only, because solicitation merges into the completed crime
Solicitation and arson (Correct answer)
Solicitation only, because Bill refused

Correct answer: Solicitation and arson

Solicitation is complete when the request is made; the fact that the solicited party refuses does not undo the solicitation, and Paula also committed arson by burning the building herself.

Question 5: Under California's child support guidelines, the two primary factors used to calculate the support amount are:

Each parent's net disposable income and the percentage of time each parent spends with the child (Correct answer)
The child's needs and the higher-earning parent's income
The child's age and the non-custodial parent's gross income
The marital standard of living and each parent's gross income

Correct answer: Each parent's net disposable income and the percentage of time each parent spends with the child

California uses the Dissomaster formula, which is primarily driven by each parent's net disposable income and the custodial time-share.

Question 6: Under UCC Article 2, a 'firm offer' made by a merchant is irrevocable for up to:

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

Correct answer: 90 days

Under UCC § 2-205, a merchant's firm offer is irrevocable for the stated time, or if no time is stated, for a reasonable time not exceeding three months (90 days).

Question 7: For a premarital agreement to be enforceable in California, the party challenging it must show it was the product of:

Lack of notarization or court filing
Absence of independent legal counsel for both parties
Involuntariness or lack of full and fair disclosure of the other party's property (Correct answer)
Failure to record the agreement with the county recorder

Correct answer: Involuntariness or lack of full and fair disclosure of the other party's property

Under Family Code § 1615, a premarital agreement is unenforceable if the challenging party proves it was not entered voluntarily or there was no adequate disclosure of assets and obligations.

Question 8: Defendant picks up a gun thinking it is unloaded and pulls the trigger, killing Victim. Which mental state best describes Defendant's culpability?

Purpose
Knowledge
Recklessness
Negligence (Correct answer)

Correct answer: Negligence

If a reasonable person would have checked whether the gun was loaded, the defendant's failure to do so constitutes criminal negligence.

Question 9: When a California corporation pays an unlawful dividend that exceeds retained earnings, who may be held liable?

Only the CEO who authorized the payment to shareholders
The corporation's outside auditors who failed to detect the improper accounting
Only the CFO who signed the distribution checks
Directors who approved the dividend and shareholders who received it with knowledge of its unlawfulness (Correct answer)

Correct answer: Directors who approved the dividend and shareholders who received it with knowledge of its unlawfulness

Directors who vote for or assent to an unlawful dividend are jointly and severally liable for the amount, and shareholders who received distributions knowing they were unlawful must return them.

Question 10: What is the attorney-client privilege under California Evidence Code Section 954?

The privilege expires after one year
Attorneys can waive the privilege without client consent
The privilege only covers written communications
A client has the right to refuse disclosure of confidential communications made between the client and attorney (Correct answer)

Correct answer: A client has the right to refuse disclosure of confidential communications made between the client and attorney

Section 954 provides that a client has the privilege to refuse to disclose and prevent others from disclosing confidential communications between the client and their attorney.

Question 11: What is the California Environmental Quality Act (CEQA) and how does it affect real property?

It requires environmental review before approving development projects that may significantly impact the environment (Correct answer)
It exempts residential construction from environmental review
It applies only to projects in coastal zones
It only applies to federal lands in California

Correct answer: It requires environmental review before approving development projects that may significantly impact the environment

CEQA requires state and local agencies to identify environmental impacts of proposed projects and to avoid or mitigate those impacts before approval.

Question 12: A testator devises Blackacre 'to A for life, then to A's children who survive A.' At the testator's death, A has two children. One child predeceases A without issue. When A dies, who takes Blackacre?

Both children's estates share equally.
Only the surviving child of A. (Correct answer)
The estate of A's predeceased child and the surviving child share equally.
The testator's residuary estate.

Correct answer: Only the surviving child of A.

Because the remainder is contingent on surviving A, only the child who actually survives A takes; the predeceased child's share lapses.

Question 13: A defendant who is an accomplice to a crime is generally liable for:

Only the exact crimes he specifically planned with the principal
Only crimes where the defendant was physically present at the scene
No crimes if the principal is acquitted
The crimes he aided and abetted plus any reasonably foreseeable crimes committed by the principal in furtherance of the scheme (Correct answer)

Correct answer: The crimes he aided and abetted plus any reasonably foreseeable crimes committed by the principal in furtherance of the scheme

Accomplice liability extends to the target crime and any additional crimes that were a natural and probable consequence of the criminal scheme.

Question 14: Which test is used by California courts to determine whether a contract term is unconscionable?

Procedural unconscionability alone is sufficient
Substantive unconscionability alone is sufficient
Reasonable expectations test only
Both procedural and substantive unconscionability, with both required in some measure (Correct answer)

Correct answer: Both procedural and substantive unconscionability, with both required in some measure

California courts apply a sliding scale: both procedural and substantive unconscionability must be present, but the more egregious one element, the less of the other is required.

Question 15: 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 personally participated in the original theft (Correct answer)
That the property was stolen
That George knew the property was stolen at the time he received it
That George received or possessed the property

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 16: What is the role of the California Constitution in relation to the U.S. Constitution?

It provides additional rights and protections beyond those guaranteed by the federal Constitution (Correct answer)
It mirrors the U.S. Constitution exactly
It only applies to state government employees
It replaces federal constitutional protections in California

Correct answer: It provides additional rights and protections beyond those guaranteed by the federal Constitution

The California Constitution provides rights that may exceed federal protections. For example, California's free speech provisions are broader than the First Amendment, and its privacy right is explicitly stated.

Question 17: A building contractor is excused from performance because the structure was destroyed by an earthquake before completion. This defense is called:

Commercial impracticability
Mutual mistake
Impossibility of performance (Correct answer)
Frustration of purpose

Correct answer: Impossibility of performance

Impossibility of performance excuses a party when an unforeseen event makes performance objectively impossible, such as destruction of the subject matter.

Question 18: In a California civil case, collateral estoppel (issue preclusion) prevents relitigation of an issue when:

The same parties are involved in a new lawsuit with different claims
The same judge presides over both cases
A party's attorney failed to raise the issue in the prior case
The issue was actually litigated, necessarily decided, and the party against whom it is asserted had a full and fair opportunity to litigate (Correct answer)

Correct answer: The issue was actually litigated, necessarily decided, and the party against whom it is asserted had a full and fair opportunity to litigate

Collateral estoppel requires that the issue was actually litigated, necessarily decided, and that the party had a full and fair opportunity to litigate it in the prior proceeding.

Question 19: In California civil litigation, mandatory electronic filing (e-filing) in superior courts is governed by local rules and:

CCP §1010.6, which authorizes e-filing statewide (Correct answer)
Only by agreement of the parties
Federal Rule of Civil Procedure 5(d)
The California Evidence Code

Correct answer: CCP §1010.6, which authorizes e-filing statewide

CCP §1010.6 is the primary statute authorizing and regulating electronic filing in California superior courts.

Question 20: Under California's discovery rules, an attorney-client communication is protected unless:

The attorney also represented a third party in the matter
The attorney has since been disbarred
The client waives the privilege or the crime-fraud exception applies (Correct answer)
The communication was made in writing

Correct answer: The client waives the privilege or the crime-fraud exception applies

The attorney-client privilege can be overcome by waiver or the crime-fraud exception, which applies when the communication furthers a crime or fraud.

Question 21: 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
Admissible as an exhibit only if the witness can currently verify its accuracy
Inadmissible hearsay in all circumstances
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 22: What is the California Supreme Court's power of judicial review?

It can only issue advisory opinions
It reviews only criminal cases
It can review and invalidate state laws and executive actions that violate the California or U.S. Constitution (Correct answer)
It has no power over legislative actions

Correct answer: It can review and invalidate state laws and executive actions that violate the California or U.S. Constitution

The California Supreme Court exercises judicial review over state legislation and executive actions, invalidating those that conflict with either the California or United States Constitution.

Question 23: A corporation's board approves a transaction in which the CEO, who is also a director, has a material financial interest. Under California law, this transaction is voidable UNLESS:

The CEO disclosed the interest and disinterested directors approved it after full disclosure (Correct answer)
The board obtained an independent fairness opinion
The transaction is ratified by shareholders at the next annual meeting
The CEO recused himself from all discussions about the transaction

Correct answer: The CEO disclosed the interest and disinterested directors approved it after full disclosure

Under California Corporations Code § 310, an interested director transaction is not voidable if the material facts were disclosed and disinterested directors approved it in good faith.

Question 24: What protections does California's Equal Protection Clause provide?

The same protections as the federal clause only
Protection only against racial discrimination
No independent equal protection analysis exists in California
Protection against arbitrary government discrimination, with California courts applying independent analysis beyond federal standards (Correct answer)

Correct answer: Protection against arbitrary government discrimination, with California courts applying independent analysis beyond federal standards

California courts conduct independent analysis under the state's equal protection clause and may provide broader protections than federal equal protection, including in areas like gender and sexual orientation discrimination.

Question 25: Which of the following is TRUE about venue in California superior court?

Venue rules are identical to federal court jurisdiction rules
For contract cases, venue is proper where the contract was to be performed (Correct answer)
Improper venue results in automatic dismissal
Venue is always proper in the county where the plaintiff resides

Correct answer: For contract cases, venue is proper where the contract was to be performed

CCP §395 provides that for contract actions, venue is proper in the county where the obligation was to be performed or where the defendant resides.

Question 26: How does California treat character evidence?

Character evidence is generally inadmissible to prove conduct on a specific occasion, with exceptions in criminal cases (Correct answer)
Character evidence is only relevant in civil cases
Character evidence is always admissible
California has no rules about character evidence

Correct answer: Character evidence is generally inadmissible to prove conduct on a specific occasion, with exceptions in criminal cases

Under California Evidence Code Section 1101, character evidence is generally inadmissible to prove conduct but may be admitted to show motive, opportunity, intent, preparation, plan, knowledge, or identity.

Question 27: Under agency law, a principal is vicariously liable for the torts of an independent contractor when:

The principal has the right to inspect the contractor's work product
The contractor is paid on a per-project basis rather than hourly
The independent contractor uses the principal's equipment
The work involves inherently dangerous activities or non-delegable duties (Correct answer)

Correct answer: The work involves inherently dangerous activities or non-delegable duties

Principals are generally not liable for independent contractors' torts, but exceptions apply for inherently dangerous activities and non-delegable duties imposed by law.

Question 28: Under California Rules of Professional Conduct Rule 1.7, an attorney may represent a client despite a concurrent conflict of interest if:

The attorney believes the representation will be competent and diligent
The court approves the conflicted representation
The opposing party consents in writing
Each affected client gives informed written consent after full disclosure (Correct answer)

Correct answer: Each affected client gives informed written consent after full disclosure

California RPC Rule 1.7 permits conflicted representation only when each affected client provides informed written consent after the attorney discloses all material facts.

Question 29: How does California's free speech protection differ from the First Amendment?

They are identical
California provides less protection than the First Amendment
California's Liberty of Speech Clause provides broader protections, including in some private settings like shopping centers (Correct answer)
California's protection only applies to political speech

Correct answer: California's Liberty of Speech Clause provides broader protections, including in some private settings like shopping centers

Under the Pruneyard Shopping Center decision, California's free speech protections extend to some private properties like shopping centers, going beyond the First Amendment's state action requirement.

Question 30: The doctrine of anticipatory repudiation allows the non-breaching party to:

Sue for damages immediately after the repudiation, without waiting for the performance date (Correct answer)
Only seek specific performance as a remedy
Wait until the performance date and then sue, but cannot sue earlier
Rescind the contract only if the repudiation is in writing

Correct answer: Sue for damages immediately after the repudiation, without waiting for the performance date

When a party clearly repudiates before the time of performance, the non-breaching party may treat this as a total breach and immediately pursue remedies.

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%

To Pass

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These practice questions were written with AI tools. They are not real exam questions. Exam facts are checked against the official sources listed below. Not reviewed by a subject-matter expert. Editorial policy

Sources & references

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calbar.ca.gov — Eligibility, score release, passing score, fees, exam dates, test delivery · verified Nov 2026