Minnesota Bar Exam (UBE — Multistate Bar Examination) — Questions and Answers

Question 1: Under the 'but for' test of actual causation, a defendant's negligent act is the cause-in-fact of the plaintiff's injury if:

The defendant was the last actor to engage in conduct before the injury occurred
The injury would not have occurred but for the defendant's negligence (Correct answer)
The injury occurred within the zone of danger created by the defendant's act
The defendant's negligence was a significant contributing factor among many causes

Correct answer: The injury would not have occurred but for the defendant's negligence

The 'but for' test asks whether the plaintiff's injury would have occurred absent the defendant's negligent conduct; if the injury would not have happened without that conduct, causation is established.

Question 2: In a Minnesota civil trial, when may a court grant judgment as a matter of law (directed verdict) to a defendant?

Only at the close of all evidence
After both parties have rested
Only if the plaintiff fails to appear
After the plaintiff rests, if reasonable minds could not differ on the outcome (Correct answer)

Correct answer: After the plaintiff rests, if reasonable minds could not differ on the outcome

Under Minn. R. Civ. P. 50, a motion for judgment as a matter of law may be made after a party has been fully heard and the evidence is legally insufficient for a reasonable jury to find for that party.

Question 3: Negligence per se is established when a defendant violates a statute, provided the plaintiff shows that:

Any statute was violated, regardless of its purpose or the parties involved
The statute imposed criminal liability on the defendant for the same conduct
The plaintiff suffered purely economic damages as a direct result
The statute was designed to prevent the type of harm suffered and the plaintiff is within the class the statute was meant to protect (Correct answer)

Correct answer: The statute was designed to prevent the type of harm suffered and the plaintiff is within the class the statute was meant to protect

Negligence per se requires that the statute aimed to prevent the specific type of harm at issue and that the plaintiff belongs to the class of persons the statute was designed to protect.

Question 4: Under Minnesota law, accomplice liability attaches when a person:

Fails to report knowledge of a crime
Benefits financially from another's crime
Intentionally aids, advises, or conspires with another to commit a crime (Correct answer)
Is present at the scene of a crime

Correct answer: Intentionally aids, advises, or conspires with another to commit a crime

Under Minn. Stat. § 609.05, a person is criminally liable as an accomplice when they intentionally aid, advise, hire, or conspire with another to commit the offense.

Question 5: Under Minnesota law, a search incident to lawful arrest:

Permits a search of the person and area within immediate control (Correct answer)
Is prohibited for misdemeanor arrests
Extends to the entire building where the arrest occurred
Requires a warrant even after a lawful arrest

Correct answer: Permits a search of the person and area within immediate control

Minnesota follows federal doctrine allowing a warrantless search of the arrested person and the area within their immediate reach to preserve officer safety and prevent destruction of evidence.

Question 6: Under Minnesota law, a corporation's articles of incorporation must be filed with:

The county recorder in the county of the principal office
The Minnesota Department of Commerce
The district court in the county of incorporation
The Minnesota Secretary of State (Correct answer)

Correct answer: The Minnesota Secretary of State

Under Minn. Stat. § 302A.115, articles of incorporation must be filed with the Minnesota Secretary of State to form a corporation.

Question 7: Under Minnesota Rule of Evidence 404(b), evidence of prior bad acts may be admitted to prove:

The defendant's propensity for violence
Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake (Correct answer)
Any relevant purpose determined by the court
Character to show action in conformity therewith

Correct answer: Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake

Minn. R. Evid. 404(b) prohibits prior acts evidence to prove character or propensity but allows it for enumerated non-character purposes such as motive, intent, or identity.

Question 8: Under Minnesota law, a non-compete agreement in an employment context is enforceable if:

The employee signed it at any time during employment
It is included in the employment contract regardless of its scope
It is reasonable in scope, geographic area, and duration, and supported by adequate consideration (Correct answer)
The employer operates in multiple states

Correct answer: It is reasonable in scope, geographic area, and duration, and supported by adequate consideration

Minnesota courts enforce non-compete agreements that are reasonably limited in duration, geography, and scope and are supported by adequate consideration such as initial employment or a raise.

Question 9: Which of the following rights is protected under the Sixth Amendment?

The right to bear arms
The right to privacy
The right to a public trial (Correct answer)
The right to vote

Correct answer: The right to a public trial

The Sixth Amendment guarantees several fundamental rights for criminal defendants, including the right to a speedy and public trial. This ensures transparency in the judicial process and protects against secret proceedings. Other rights protected by the Sixth Amendment include the right to an impartial jury, the right to confront witnesses, and the right to counsel.

Question 10: Under the rescue doctrine, a defendant who negligently created a dangerous situation is liable for injuries sustained by a rescuer who:

Acted in a grossly negligent manner during the rescue attempt itself
Voluntarily and knowingly assumed the risk of the dangerous situation before acting
Was injured while attempting to save a person endangered by the defendant's negligence (Correct answer)
Was a professional first responder acting within the scope of official duties

Correct answer: Was injured while attempting to save a person endangered by the defendant's negligence

The rescue doctrine holds that it is foreseeable someone will attempt to rescue a person endangered by negligence, so the defendant is liable for injuries the rescuer sustains in the attempt.

Question 11: When is a "motion to strike" used in Minnesota civil procedure?

To request a summary judgment
To amend a pleading
To compel a party to answer interrogatories
To remove certain allegations or parts of a pleading that are improper or irrelevant (Correct answer)

Correct answer: To remove certain allegations or parts of a pleading that are improper or irrelevant

In Minnesota civil procedure, a motion to strike is used to challenge and remove specific portions of an opposing party's pleading. This motion is typically filed when a pleading contains redundant, immaterial, impertinent, or scandalous matter, or insufficient defense. Its purpose is to streamline the issues and ensure that only relevant and proper allegations remain in the court record.

Question 12: The res ipsa loquitur doctrine permits a jury to infer negligence from circumstantial evidence when:

The accident is of a kind that ordinarily does not occur without negligence and the instrumentality was in the defendant's exclusive control (Correct answer)
Expert testimony conclusively establishes the standard of care was violated
The defendant cannot offer any explanation for how the accident occurred
The plaintiff suffered severe injuries while in the defendant's presence

Correct answer: The accident is of a kind that ordinarily does not occur without negligence and the instrumentality was in the defendant's exclusive control

Res ipsa loquitur allows an inference of negligence when the type of accident ordinarily implies negligence and the defendant had exclusive control over the instrumentality causing harm.

Question 13: Under Minnesota Rule of Evidence 801(d)(2), which admission by a party opponent is NOT hearsay?

A statement made by a third party that the opposing party found helpful
An out-of-court statement by the party offered against them (Correct answer)
A prior statement of a witness offered on direct examination
A document prepared by the opposing party's expert

Correct answer: An out-of-court statement by the party offered against them

Under Minn. R. Evid. 801(d)(2), a party's own out-of-court statement offered against them is defined as not hearsay — it is an admission by party opponent.

Question 14: What is the standard for granting a "motion for a new trial" in Minnesota?

New witnesses that were not previously available
An error of law or a significant procedural error affecting the outcome (Correct answer)
Evidence that was not presented at the original trial
A change in the judge

Correct answer: An error of law or a significant procedural error affecting the outcome

In Minnesota, a motion for a new trial is granted when there has been a serious flaw in the original trial proceedings that likely prejudiced the outcome. This includes errors of law made by the court, misconduct by the jury or opposing counsel, or a verdict that is not justified by the evidence or is contrary to law. The purpose is to rectify substantial injustices that occurred during the trial.

Question 15: In Minnesota, a Terry stop (investigatory detention) is justified by:

A citizen complaint
Reasonable articulable suspicion of criminal activity (Correct answer)
A warrant issued by a judge
Probable cause to arrest

Correct answer: Reasonable articulable suspicion of criminal activity

Under Terry v. Ohio and Minnesota case law, police may briefly detain a person for investigation based on reasonable, articulable suspicion of criminal activity.

Question 16: Which of the following is a common zoning classification used in Minnesota municipalities?

Commercial
Industrial
Residential
All of the above (Correct answer)

Correct answer: All of the above

Municipalities commonly divide land into various zones to manage development and ensure compatible uses. Residential zones are for housing, commercial zones are for businesses and retail, and industrial zones are for manufacturing and heavy industry. These classifications are fundamental to comprehensive planning and are universally applied in some form across Minnesota and other jurisdictions to separate different land uses.

Question 17: In Minnesota, which legal principle is used to determine if a search and seizure is reasonable under the Fourth Amendment?

Preponderance of the evidence
Probable cause (Correct answer)
Reasonable suspicion
Beyond a reasonable doubt

Correct answer: Probable cause

In Minnesota, as throughout the United States, the Fourth Amendment requires that searches and seizures be based on probable cause to be considered reasonable. Probable cause exists when there are sufficient facts and circumstances to warrant a prudent person in believing that a crime has been committed or that evidence of a crime will be found in a particular place. This standard is higher than reasonable suspicion but lower than the "beyond a reasonable doubt" standard for conviction.

Question 18: In Minnesota, spousal maintenance (alimony) may be awarded when:

The marriage lasted more than 10 years in all cases
The requesting spouse lacks sufficient income or assets to meet their reasonable needs (Correct answer)
The other spouse committed marital misconduct
Either party requests it regardless of need

Correct answer: The requesting spouse lacks sufficient income or assets to meet their reasonable needs

Under Minn. Stat. § 518.552, spousal maintenance is available when the requesting spouse cannot meet reasonable needs through their property or employment.

Question 19: Under Minnesota law, when can a court modify a final child custody order?

Only after two years and upon showing of endangerment
Only if both parents agree to the modification
At any time either parent requests a change
Upon a showing of a significant change in circumstances that makes modification necessary for the child's best interests (Correct answer)

Correct answer: Upon a showing of a significant change in circumstances that makes modification necessary for the child's best interests

Under Minn. Stat. § 518.18, a custody modification requires a showing of a significant change in circumstances that makes modification necessary for the child's best interests.

Question 20: Under Minnesota corporate law, when may a court pierce the corporate veil and hold shareholders personally liable?

When the corporate form is used as a facade for fraud or injustice and there is unity of interest between the corporation and shareholder (Correct answer)
When the corporation has fewer than 10 shareholders
Whenever a corporation is unable to pay its debts
When shareholders fail to attend annual meetings

Correct answer: When the corporate form is used as a facade for fraud or injustice and there is unity of interest between the corporation and shareholder

Minnesota courts pierce the corporate veil when the corporate form is used to perpetrate fraud or achieve injustice, and there is such unity of interest that the corporation is merely an alter ego of the shareholder.

Question 21: Under Minnesota law, property acquired by one spouse through inheritance during the marriage is treated as:

Property that cannot be considered in dissolution
Community property
Marital property subject to equal division
Nonmarital property if kept separate (Correct answer)

Correct answer: Nonmarital property if kept separate

Under Minn. Stat. § 518.003, inherited property is nonmarital, but commingling with marital assets can cause it to lose its nonmarital character.

Question 22: Under the Minnesota Rules of Criminal Procedure, a defendant in a felony case has the right to a grand jury indictment unless:

The defendant waives indictment
The charge is punishable by more than 10 years
The case involves a victim under 18
The prosecutor files an information and the defendant waives the right (Correct answer)

Correct answer: The prosecutor files an information and the defendant waives the right

Under Minn. R. Crim. P. 17, felony defendants in Minnesota may waive grand jury indictment, allowing the prosecutor to proceed by complaint or information.

Question 23: Under the Minnesota Business Corporation Act, cumulative voting for directors:

Is mandatory in all Minnesota corporations
Allows shareholders to concentrate votes to elect at least one director representing minority interests (Correct answer)
Only applies to public companies
Is prohibited as anti-competitive

Correct answer: Allows shareholders to concentrate votes to elect at least one director representing minority interests

Cumulative voting, if authorized, allows a shareholder to multiply their votes by the number of directors to be elected and concentrate all votes on one candidate, giving minority shareholders representation.

Question 24: Under Minnesota contract law, an anticipatory repudiation occurs when:

A party seeks an extension of time
A party requests a modification
A party is late on a payment
A party clearly states before performance is due that they will not perform (Correct answer)

Correct answer: A party clearly states before performance is due that they will not perform

Anticipatory repudiation is an unequivocal statement or conduct before the performance date indicating an intent not to perform.

Question 25: What does the Minnesota Human Rights Act primarily protect?

Property rights
Employment and housing discrimination (Correct answer)
Intellectual property
Civil liberties

Correct answer: Employment and housing discrimination

The Minnesota Human Rights Act (MHRA) is a comprehensive state law designed to protect individuals from discrimination in various areas of public life. Its primary focus is to prohibit discrimination based on protected characteristics (such as race, religion, sex, disability, sexual orientation) in areas like employment, housing, public accommodations, education, and credit transactions. This act aims to ensure equal opportunity and treatment for all Minnesotans.

Question 26: Under Minnesota law, which factor is NOT listed in the statutory best-interests analysis for custody?

The child's reasonable preference if of sufficient age
Each parent's ability to give the child love and guidance
The child's primary caretaker
The parents' financial wealth (Correct answer)

Correct answer: The parents' financial wealth

Minn. Stat. § 518.17 lists numerous best-interests factors but does not include parental wealth as a standalone factor; financial ability is considered only as part of meeting the child's needs.

Question 27: Under the Minnesota Rules of Civil Procedure, a party seeking a new trial must file a motion within:

20 days of entry of the judgment
10 days of the verdict
30 days of the verdict (Correct answer)
60 days of the verdict

Correct answer: 30 days of the verdict

Under Minn. R. Civ. P. 59.03, a motion for a new trial must be served within 30 days after a general verdict or decision.

Question 28: Under Minnesota law, a valid assignment of contract rights:

Is only effective if made in writing
Can always be made even if the contract prohibits it
Automatically releases the assignor from duties
Requires the obligor's consent unless the contract forbids assignment (Correct answer)

Correct answer: Requires the obligor's consent unless the contract forbids assignment

In Minnesota, rights can generally be assigned without the obligor's consent unless assignment is prohibited by the contract, statute, or would materially increase the obligor's burden.

Question 29: What is the function of a "motion to compel" in civil litigation?

To force a party to comply with a discovery request (Correct answer)
To change the venue of the case
To request a judgment based on the pleadings
To dismiss a claim

Correct answer: To force a party to comply with a discovery request

A motion to compel is a procedural tool used in civil litigation when one party fails to respond adequately to discovery requests, such as interrogatories, requests for production of documents, or requests for admission. The moving party asks the court to order the non-compliant party to provide the requested information or documents. This ensures that all parties have access to relevant information for trial preparation.

Question 30: When can a party file a "motion for summary judgment" in Minnesota?

After the pleadings are closed but before trial (Correct answer)
Only after the trial has begun
At any time before trial
Only if the case is settled

Correct answer: After the pleadings are closed but before trial

A motion for summary judgment can be filed by either party after the pleadings have been exchanged and typically after discovery has provided sufficient information, but before the trial commences. This motion asserts that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. It aims to resolve cases without a full trial when the facts are undisputed.

Minnesota Bar Exam (UBE — Multistate Bar Examination)

The Minnesota Bar Exam is a Uniform Bar Exam (UBE) that includes the Multistate Bar Examination (MBE), a 200-question multiple-choice test covering seven core legal subjects. A minimum UBE composite score of 260 out of 400 is required to pass.

Questions

54 min

Time Limit

65%

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

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

ble.mn.gov — Test delivery, exam dates, late registration, retake policy, score release, time limit, exam format, passing score, score validity, eligibility · verified Oct 2026
ncbex.org — Fees · verified Oct 2026