Multistate Bar Exam Study Guide 2026

Everything you need to pass the Multistate Bar Exam exam in one place: the exam format, every topic to study, real practice questions with explanations, flashcards, and full-length practice tests. Free, no sign-up needed.

📋 Multistate Bar Exam Exam Format at a Glance

200

Questions

360 min

Time Limit

67%

Passing Score

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📚 Multistate Bar Exam Topics to Study (53)

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✍️ Sample Multistate Bar Exam Questions & Answers

1. An employer promises a long-time employee a pension upon retirement. The employee retires in reliance on that promise. The employer then refuses to pay. The best theory for enforcing the promise is:

✓ Promissory estoppel based on detrimental reliance

Promissory estoppel applies when a party detrimentally relies on a promise and injustice can only be avoided by enforcement, even without bargained-for consideration.

2. A plaintiff files a complaint alleging breach of contract. The defendant's answer asserts that the plaintiff's own breach excuses the defendant's performance. This assertion is a:

✓ Affirmative defense

An affirmative defense is new matter asserted by the defendant that, if proven, defeats the plaintiff's claim even if all of the plaintiff's allegations are true.

3. A spouse is called to testify against her husband in a federal criminal case. Regarding the adverse spousal testimony privilege:

✓ The testifying spouse holds the privilege and may refuse to testify

Under Trammel v. United States, in federal courts the witness-spouse holds the adverse spousal testimony privilege and may choose to testify or refuse.

4. A defendant in a criminal trial does not testify. The prosecutor in closing argument comments, 'The defendant chose not to explain away the evidence.' This violates:

✓ The defendant's Fifth Amendment right against self-incrimination

The Fifth Amendment, along with FRE 513 and Griffin v. California, prohibits adverse comment on a criminal defendant's failure to testify.

5. A witness called to testify has previously been convicted of perjury five years ago. Under FRE 609, this conviction:

✓ Is admissible only if the probative value outweighs prejudice

Under FRE 609(b), convictions more than 10 years old face a higher standard, but convictions within 10 years are admissible if probative value outweighs prejudicial effect.

6. A defendant wants to implead a third party who may be liable to the defendant if the defendant is found liable to the plaintiff. Under FRCP 14, the defendant may implead a third party:

✓ As of right within 14 days of serving the answer; thereafter, with leave of court

Under FRCP 14(a)(1), a defending party may serve a third-party complaint as of right within 14 days of serving its original answer; after that, leave of court is required.

🎯 Free Multistate Bar Exam Practice Tests

Criminal Law · 30 questions Constitutional Law · 30 questions Contracts · 30 questions Civil Procedure · 30 questions Torts · 30 questions Practice Test · 27 questions Real Property · 26 questions Simulator Exam · 25 questions Simulator Exam · 25 questions Simulator Exam · 25 questions

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