Bar Exam — MBE Practice Questions, Part 3 flashcards
6 of 60 questions free to study here · 12 topics · the whole deck is built into Willys
Multiple-choice practice questions, one best answer each, on real property (estates, cotenancy, leases, servitudes, mortgages, titles) and torts (intentional torts, negligence, strict liability).
Practice deck · part of Bar exam (MBE subjects) · written against: NCBE MBE subject matter outline, edition dated 11/16/20; Supreme Court decisions through the October 2024 Term. Updated 2026-10-10.
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The 6 sample questions as a list
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Owner deeded a parcel 'to the Town Library, but if the land is ever used for other than library purposes, Owner or her heirs may re-enter and retake it.' Owner died, leaving Heir as her sole heir. The library leased the building to a restaurant and then sold the parcel to Developer. Heir has taken no action. Who holds title to the parcel?
A) Developer, free of any interest held by Heir
B) Heir, because the library could not convey the land
C) Heir, because the estate ended when the use changed
D) Developer, subject to Heir's right of entryD) Developer, subject to Heir's right of entryEstates
'But if … may re-enter' creates a fee simple subject to condition subsequent, which continues until the holder of the right of entry acts to reclaim the land, so the library could convey it and Developer holds it subject to Heir's unexercised right. Automatic termination follows from durational words that create a fee simple determinable. -
L leased an office to T for five years, and T covenanted to pay rent. With L's consent, T assigned the rest of the term to A, and A later assigned it to B. Neither A nor B promised to pay the rent, and L released no one. B has stopped paying. From whom can L recover the unpaid rent?
A) T and B, but not A
B) B only
C) T, A and B
D) A and B, but not TA) T and B, but not ALandlord and Tenant
T stays liable on his own promise through privity of contract, and B, the current assignee, is in privity of estate with L. A's privity of estate ended when A assigned to B, and A never assumed the lease. -
S and B signed a contract for the sale of a house. Before closing, lightning set a fire that destroyed the house; neither party was at fault. B had not taken possession, the contract is silent on risk of loss, and no statute in the jurisdiction addresses it. B refuses to close. Under the majority rule, can S enforce the contract?
A) No, because the seller bears the risk until legal title passes
B) Yes, because B bore the risk as the equitable owner
C) No, because destruction of the house excused performance
D) Yes, but only if S's insurance covers the whole lossB) Yes, because B bore the risk as the equitable ownerContracts
Under equitable conversion, the buyer becomes the equitable owner at signing and bears the risk of loss, though the seller's insurance proceeds are usually credited against the price. Placing the risk on the seller until title or possession passes is the rule of the Uniform Vendor and Purchaser Risk Act, which needs a statute. -
As a prank, A pointed an unloaded pistol at B from ten feet away and said, 'Hand over your wallet.' B, who did not know the gun was unloaded, was terrified but unhurt, and A laughed and walked off. B sues A for assault. Will B prevail?
A) No, because the unloaded gun could not cause harm
B) No, because B suffered no physical injury
C) No, because A meant the threat only as a joke and walked away
D) Yes, because B reasonably feared an imminent contactD) Yes, because B reasonably feared an imminent contactIntentional Torts
Assault requires intentionally causing reasonable apprehension of an imminent harmful or offensive contact, and apparent ability is enough when the plaintiff does not know the gun is unloaded. A intended to cause that apprehension, whatever his motive. -
A licensed demolition company used dynamite to bring down a building, taking every precaution the industry recognizes. A rock thrown by the blast still broke through a neighbor's roof. The neighbor sues the company. What is the most likely result?
A) The company is liable only if it broke a safety regulation
B) The company is not liable, because it was licensed to blast
C) The company is liable without any proof of negligence
D) The company is not liable, because it used all reasonable careC) The company is liable without any proof of negligenceStrict Liability
Blasting is an abnormally dangerous activity, so the company is strictly liable for harm within the risk that makes it dangerous, such as flying debris, even when it used reasonable care. A license does not excuse that liability. -
A newspaper published an article falsely reporting that the city's mayor had taken bribes. The reporter relied on a single source she believed was reliable and did not try to confirm the story, but she had no doubt it was true. The mayor sues for defamation. What is the most likely result?
A) The mayor wins, because accusing someone of a crime is defamatory
B) The newspaper wins, because it did not act with actual malice
C) The newspaper wins, because the story concerned a public matter
D) The mayor wins, because the paper negligently failed to investigateB) The newspaper wins, because it did not act with actual maliceOther Torts
A public official must prove by clear and convincing evidence that the defendant knew the statement was false or acted with reckless disregard, meaning serious subjective doubt about its truth (New York Times v. Sullivan; St. Amant v. Thompson). Failing to investigate is at most negligence, which is not enough.
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About these cards
Review status: Second-reader reviewed, with corrections applied.
Checked against:
- Checked against the NCBE MBE Subject Matter Outline (edition dated 11/16/20; topic order only; no text copied) and standard property and torts casebooks and hornbooks used for reference only; rules paraphrased in original wording.
- U.S. Supreme Court opinions cited on a card (New York Times v. Sullivan; St. Amant v. Thompson) — public domain.
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