Civil Procedure MBE Practice Test 2018
This 30-question multiple-choice prep test deals with Civil Procedure. This is a recent addition to the official MBE topics that are included in that examination. The National Conference of Bar Examiners advises you to answer the Civil Procedure questions according to generally accepted fundamental legal principles. Despite that general instruction, both the following prep examination and the official MBE also require the student to assume the application of the Federal Rules of Civil Procedure, and also the sections of Title 28 of the U.S. Code pertaining to jurisdiction, venue and transfer. The Bar Prep Hero test below is similarly based on the standards and instructions applicable to the MBE. These questions are intended to give you practice with the kinds of questions that you will encounter on the official MBE. However, the subject matter chosen for each question may not actually appear on the MBE test.
That is why we urge students to learn the fundamental principles of each subject area that is included in the MBE. You cannot predict the specific issues that will appear on the examination but you can become adept at analyzing and answering sample questions that follow the same format and general subject matter of the MBE. As usual, remember that there is only one best answer to the hypothetical question. We recommend that you follow through on the question and the answer by utilizing the ‘explanation’ section that BPH has designed for further educational excellence in developing your bar examination skills. If you access the statutory and case law references given in the explanation section, you will see how the courts apply the law to specific factual conflicts similar to the one in the BPH hypothetical. This greatly deepens your understanding and general retention of the legal principles involved, and it takes you through the process of legal reasoning and analysis that is so important to answering the MBE questions.
The Civil Procedure test for the MBE will deal with many issues, such as jurisdiction, venue, pleadings, pretrial procedures, joinder, discovery, the pre-trial conference and jury trials. The jury selection process is included. The student should also master the several motions that may be made under the Federal Rules of Civil Procedure. Other topics include verdicts, judgments, appealability and review. Civil procedure expertise is a vital tool for a majority of practicing attorneys. These exercises will help you to increase your knowledge and testing abilities in this vital practice area.