MBE

1. C
2. A
3. B
4. C
5. D
6. B
7. B
8. C
9. C
10. C
11. A
12. C
13. A
14. B
15. D
16. D
17. A
18. C
19. B
20. B
21. A
22. C
23. B
24. A
25. B
26. D
27. D
28. B
29. C
30. B
31. C
32. B
33. C
34. C
35. B
36. D
37. B
38. B
39. B
40. B
41. C
42. B
43. C
44. C
45. B
46. C
47. A
48. C
49. C
50. C
51. B

Pros and Cons at a Glance

Sample Multistate Bar Exam Practice Questions

Try these questions from our free Multistate Bar Exam practice tests. The correct answer and an explanation follow each question.

1. A leading question is one that suggests to the witness the answer desired by the examiner. Rule 611 (c) of the Federal Rules of Evidence generally prohibits the use of leading questions on direct examination. There are, however, some exceptions to that rule. Which of the following would be a permissible instance of using leading questions on direct examination?

   • A. When the direct examination is conducted during a videotaped depositions of a witness.
   • B. When the witness being examined on direct is an adverse party or a hostile witness.
   • C. When counsel is attempting to rehabilitate the testimony of the witness on re-direct examination.
   • D. When both counsel stipulate that they’ll not object to any leading questions during the trial.

   Answer: B. When the witness being examined on direct is an adverse party or a hostile witness.

   Federal Rule of Evidence 611(c) generally prohibits leading questions on direct examination, but it provides specific exceptions. One key exception allows leading questions when the witness being examined is an adverse party, a hostile witness, or a witness identified with an adverse party. This is because such witnesses are unlikely to be cooperative or susceptible to the examiner's suggestions, making leading questions necessary to elicit relevant testimony.

2. A defendant is served with a complaint. Under the Federal Rules, within how many days must the defendant serve an answer if served within the United States?

   • A. 14 days
   • B. 21 days
   • C. 28 days
   • D. 30 days

   Answer: B. 21 days

   Under FRCP 12(a)(1)(A)(i), a defendant must serve an answer within 21 days after being served with the summons and complaint.

3. A witness testifies she cannot recall the events in question. The party who called her seeks to refresh her recollection using a document. Under FRE 612, the opposing party:

   • A. May demand the witness read the entire document into evidence
   • B. Has no rights regarding the document used
   • C. May inspect the document, cross-examine on it, and introduce relevant portions
   • D. Must stipulate to the document's authenticity

   Answer: C. May inspect the document, cross-examine on it, and introduce relevant portions

   FRE 612 grants the opposing party the right to inspect any writing used to refresh a witness's recollection and to introduce relevant portions.

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