Multistate Bar Exam Cheat Sheet 2026
The 30 highest-yield Multistate Bar Exam facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.
200 questions
360 min time limit
67% to pass
- Two plaintiffs from State A sue a defendant from State B in federal court, seeking $50,000 each. Is diversity jurisdiction satisfied? → No, because no single plaintiff's claim meets the $75,000 threshold
- Owen grants Blackacre 'to Anna and her heirs, but if the land is ever used for commercial purposes, then to Ben.' What interest does Ben hold? → An executory interest
- Alpha contracts with Beta to build a garage. Beta assigns the contract to Gamma, who does poor work. Alpha sues. Against whom can Alpha recover? → Both Beta and Gamma, because Beta remains liable after delegation
- A mortgagee forecloses and sells the property at a foreclosure sale. The sale proceeds are insufficient to satisfy the debt. The mortgagee may seek: → A deficiency judgment against the mortgagor for the remaining balance
- A defendant shoots at A intending to kill him, but misses and kills B. Which doctrine allows the defendant to be charged with murdering B? → Transferred intent
- Under the equitable mortgage doctrine, a deed absolute on its face will be treated as a mortgage when: → The parties intended the deed as security for a debt
- Plaintiff and Defendant are involved in federal litigation. Plaintiff serves Defendant with interrogatories. Under FRCP 33, Defendant must respond within: → 30 days
- Police have probable cause to believe a vehicle contains stolen weapons. The car is parked in a public lot. Under the automobile exception: → Police may search the vehicle and any containers within it that could contain the weapons
- A plaintiff sues a corporation in federal court. The plaintiff's attorney seeks to depose the corporation. Under FRCP 30(b)(6), the corporation must: → Designate one or more representatives who will testify on the organization's behalf
- A deed recorded before a prior unrecorded deed under a race-notice statute will prevail only if the subsequent purchaser: → Pays valuable consideration and records first without notice of the prior conveyance
- A party enters a contract under duress caused by the other party's improper threat. The contract is: → Voidable at the option of the party under duress
- Which of the following is NOT a required component of Miranda warnings that must be given before a custodial interrogation? → The right to a speedy trial
- A defendant answers a complaint but fails to raise the defense of insufficient service of process. Under FRCP 12(h)(1), what is the consequence? → The defense is waived
- A covenant to maintain a party wall will bind successors when it is found to: → Touch and concern the land and be supported by privity of estate
- A plaintiff in a federal action seeks to conduct more than 10 depositions. Under FRCP 30(a)(2)(A)(i), the plaintiff may exceed the 10-deposition limit only by: → Obtaining stipulation of the parties or leave of court
- In a civil case, evidence is offered that the parties entered into settlement negotiations. Under FRE 408, this evidence is: → Inadmissible to prove or disprove the claim's validity
- A city enacts an ordinance banning panhandling in all public parks. A homeless man challenges the ordinance. The court should evaluate this law under: → Strict scrutiny because it restricts speech in a traditional public forum
- A negative easement prevents a servient estate owner from doing something on their land. Which of the following is a recognized traditional negative easement? → Obstructing light and air reaching the dominant estate
- A defendant enters a store, places merchandise in his coat, and walks to the exit. Before he leaves, store security stops him. Is he guilty of larceny? → Yes, because asportation was complete when he moved the items
- Which of the following is NOT a required element of common law larceny? → Use of force or threat
- Which of the following is NOT an element required for the dying declaration exception under FRE 804(b)(2)? → The declarant must have actually died before trial
- A landowner conveys a fee simple determinable. The grantor retains which interest? → A possibility of reverter
- Under the Fourth Amendment, a person retains a reasonable expectation of privacy in which of the following? → The contents of a sealed letter sent through the U.S. Mail
- A defendant publishes an editorial falsely accusing a county sheriff of accepting bribes. The sheriff sues for defamation. Which fault standard applies? → Actual malice, because the sheriff is a public official
- A defendant charged with sexual assault seeks to introduce evidence of the victim's prior sexual conduct. Under FRE 412 (Rape Shield), this evidence is: → Generally inadmissible, with narrow exceptions
- 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? → 21 days
- During trial, a party attempts to impeach their own witness after the witness gives damaging testimony. Under FRE 607: → A party may impeach any witness, including their own
- A defendant kills his terminally ill spouse at her repeated request to end her suffering. Which crime is he most likely guilty of under common law? → Murder
- 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
- A contractor substantially performs a home renovation but omits a small requested feature. Under the doctrine of substantial performance, the owner: → Owes the contract price minus the cost to remedy the deficiency
Turn these facts into recall:
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