Friday, June 26, 2026 1 day streak

Free Bar Question of the Day 2026

Sharpen your legal knowledge with one free MBE practice question every day. Detailed rationales help you understand the why behind each answer.

0 students answered today - 0% got it right

Criminal Law Multiple Choice
An article appeared in a magazine dealing with public issues. The article discussed the author’s “personal theory” that a small group of industrial magnates, called the American Illuminati, controlled the government of the United States, regardless of the political party in power. The article mentioned names, and described how they generally aggrandized their economic power by keeping the poor down and concentrating all wealth at the top.

The author believed that as long as these “fascist” individuals were ruling behind the scenes, that children here would continue to be deprived of food, a quality education and the right to true freedom. He called the group the “murderers” of the American spirit that once lived free. He concluded that if his “theory” was true, then the country must rise up and “bring down” this system of non-democratic governance.

One of the individuals mentioned in the article, a well-known billionaire philanthropist who supported various political movements and candidates, brought a libel action against the author and the magazine. The defendants asked the court to dismiss the action because it failed to state a valid legal claim. Which of the following is the most likely ruling of the court under these circumstances?
Press A B C D to select, Enter to submit
Rationale

Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas. But there is no constitutional value in false statements of fact. Neither the intentional lie nor the careless error materially advances society's interest in "uninhibited, robust, and wide-open" debate on public issues.

The author here presents his essay as a “theory” and calls for bringing down a “system of non-democratic governance” if such system is found to really exist. There is a constitutional privilege for statements of opinion. Gertz v. Welch, 418 U.S. 323. See also, New York Times Co. v. Sullivan, 376 U. S. 254 (1964), which would apply here to rule out a claim for libel.

New York Times applied to public officials but the Supreme Court extended the protection against libel to include discussions of public figures. See Curtis Publishing Co. v. Butts and its companion, Associated Press v. Walker, 388 U. S. 130, 162 (1967). The well-known billionaire philanthropist in our question qualifies as a public figure.

Bar Prep AI Try me
Give me a hint
Explain the answer
Rate this page
4.9/5 based on 0 votes

Get tomorrow's bar question by email

One MBE-style question each morning with the answer and rationale. Use it as a small daily habit, then come back here for the archive.

Unsubscribe anytime.

Past Daily Bar Questions

Missed a day? Catch up on the last 30 MBE-style questions below.

  • Jun 25 A state started conducting random vehicle stops at highway roadblocks to look for drugs. A young man was...
    Criminal Law
  • Jun 24 Fed.R.Civ.P. 17 states that an action must be prosecuted in the name of the real party in interest....
    Criminal Law
  • Jun 23 A police officer observed two men acting suspiciously in front of a convenience store. They paced back and...
    Criminal Law
  • Jun 22 A pedestrian found an elderly woman lying on the ground conscious but bruised from an attack and mugging...
    Criminal Law
  • Jun 21 A regulation prevents persons with a drug arrest and conviction and/or those undergoing current treatment for drug abuse...
    Criminal Law
  • Jun 20 Arrests may occasionally be made without a warrant. Which of the following is not one of those circumstances?
    Criminal Law
  • Jun 19 A man set fire to his grocery store in order to collect on the insurance. He started a...
    Criminal Law
  • Jun 18 A new business contracted with a widget manufacturer for the purchase of 100,000 widgets. The CEO of the...
    Evidence
  • Jun 17 A motorist who was injured in an accident sued the negligent other driver for his damages. The defense...
    Evidence
  • Jun 16 A man and woman who lived together got into a loud and vicious argument. When the police came,...
    Evidence
  • Jun 15 An elderly woman was mugged and robbed on a public street. At the time of the offense, the...
    Evidence
  • Jun 14 Several persons together stole a painting from an art museum. One of them, who was the driver, was...
    Evidence
  • Jun 13 A married couple sued a real estate sales agency and its broker for misrepresentation and breach of contract...
    Evidence
  • Jun 12 The manager of a franchise restaurant had authority to deposit the cash earnings in the bank each day....
    Evidence
  • Jun 11 A college student was exiting a department store when a store employee grabbed her vigorously and physically restrained...
    Evidence
  • Jun 10 Defendant in a civil case served interrogatories on the plaintiff. The plaintiff referred the defendant to a witness’s...
    Evidence
  • Jun 9 In an asbestos case, the plaintiffs were former asbestos workers suffering with asbestosis, which is an irreversible and...
    Evidence
  • Jun 8 A motorist was rear-ended by a truck as she sat at a red light. The impact caused severe...
    Evidence
  • Jun 7 Landlord and tenant signed a lease for an apartment rental for 12 months starting in December 2021. By...
    Evidence
  • Jun 6 Anne and Bobo were a married couple with a long and rocky history of domestic violence incidents that...
    Evidence
  • Jun 5 A police officer entered a private home in response to a reported disturbance. She found no disturbance but...
    Evidence
  • Jun 4 A teenage girl was walking on a street in a retail area. She was carrying a purse and...
    Evidence
  • Jun 3 Immediately after a shooting incident, the police chased one of the shooters into an apartment where he was...
    Evidence
  • Jun 2 A husband was charged with homicide when his wife was found strangled and dead in the couple’s mutual...
    Evidence
  • Jun 1 A purse snatcher ran up to a woman, grabbed her purse and ran off. There was a witness...
    Evidence
  • May 31 A drug officer got a call from a reliable confidential informant with whom he had prior dealings. The...
    Evidence
  • May 30 Plaintiff sent notice to all interested parties regarding the taking of a defendant’s video deposition. The Plaintiff did...
    Evidence
  • May 29 A dealer ordered “one truckload of western regional first-grade widgets, usual terms and conditions” on a standard order...
    Evidence
  • May 28 A bank sues a homeowner in a civil foreclosure action. The homeowner does not respond and a judgment...
    Civil Procedure
  • May 27 An owner agreed to sell a tract of land to a buyer who intended to live on the...
    Real Property

Why Daily MBE Practice Works

Science-backed learning strategies to help you pass the bar

Spaced Repetition

Daily practice spreads learning over time, leading to stronger long-term memory retention of legal concepts.

Build Confidence

Regular exposure to MBE-style questions reduces test anxiety and builds familiarity with the exam format.

Cover All Subjects

Questions rotate through all seven MBE subjects, ensuring comprehensive coverage over time.

Bar Question of the Day FAQ

How do I get the bar exam question of the day?
Simply visit this page daily to get a new MBE practice question. Bookmark this page or add it to your home screen for easy daily access.
Are these real MBE questions?
Our questions are written in MBE style and cover the same content areas as the actual exam. They are designed to match the format, difficulty, and legal reasoning required for the real MBE.
What subjects are covered in the daily questions?
We cover all seven MBE subjects: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. Questions rotate through these areas to ensure comprehensive preparation.
Can I see past questions?
Yes! The Past Questions section shows questions from previous days. We keep an archive of recent questions so you can catch up if you missed any days.
Is the question of the day free?
Absolutely! The Bar Question of the Day is completely free, including the detailed rationales. For access to our full question bank with 1,900+ MBE questions, check out BarPrepHero Premium.

Ready for More Practice?

Access 1,900+ MBE questions with detailed explanations

Try BarPrepHero Premium
Bar Exam starts in:
Days
Hrs
Mins
Secs
Study better now