Civil Procedure and Contracts can look straightforward in an outline and become much harder once a question turns on one procedural step, one missing fact, or one UCC rule. Set 2 gives you 50 focused NextGen bar exam practice questions: 25 on Civil Procedure and 25 on Contracts.
The Civil Procedure half moves from jurisdiction, venue, pleadings, and joinder into discovery, trial motions, appeals, and preclusion. The Contracts half starts with formation and defenses, then works through performance, breach, remedies, UCC Article 2, assignment, delegation, and third-party rights.
Use the set to locate specific weak spots rather than simply count correct answers. A missed question on supplemental jurisdiction, relation back, anticipatory repudiation, or consequential damages tells you exactly what to put back on your review list.
Want to test yourself? Select one answer for each question and avoid opening the optional explanations while you play. At the end, tap “See Answers & My Score” to reveal the correct answers, explanations, and your result automatically.
Format note: These are original four-choice, single-best-answer doctrine drills, not official NCBE questions or a full NextGen simulation. The official NextGen UBE also uses select-two-of-six standalone items, integrated question sets, and performance tasks. Pair this quiz with the official NCBE sample questions and current content scope.
- ✔ Federal question, diversity and supplemental jurisdiction
- ✔ Venue, forum non conveniens and pleading rules
- ✔ Joinder, discovery, judgments and appeals
- ✔ Claim and issue preclusion
- ✔ Contract formation, defenses and conditions
- ✔ UCC Article 2 and battle of the forms
- ✔ Breach, damages and specific performance
- ✔ Assignment, delegation and third-party rights
Civil Procedure: Jurisdiction & Pleadings (Q1–13)
CIVIL PROCEDURE — PART 1Start with subject-matter jurisdiction, venue, pleading standards, joinder, and the rules that frame a federal civil action.
1. Federal question jurisdiction under 28 U.S.C. § 1331 generally requires that the federal issue:
View Answer & Explanation Optional
Correct Answer: B — Under the well-pleaded complaint rule, federal question jurisdiction exists only if the federal issue appears on the face of the plaintiff's own complaint — not merely as an anticipated defense.
2. Supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear additional claims that:
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Correct Answer: C — Supplemental jurisdiction lets a federal court hear related claims that form part of the same case or controversy (share a common nucleus of operative fact) as a claim it already has jurisdiction over.
3. A defendant sued in state court on a claim that could have originally been filed in federal court generally has the right to:
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Correct Answer: D — A defendant may generally remove a case from state to federal court if the federal court would have had original jurisdiction over the action.
4. Under the "home-state defendant" rule, a diversity case generally CANNOT be removed to federal court if:
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Correct Answer: C — The home-state (or "forum defendant") rule bars removal of a diversity case if a properly joined and served defendant is a citizen of the state where the suit was filed.
5. Under 28 U.S.C. § 1391, venue in a federal civil action is generally proper in:
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Correct Answer: B — Proper venue generally lies where a defendant resides (under certain conditions) or where a substantial part of the events or omissions giving rise to the claim occurred.
6. When venue is otherwise proper, the doctrine of forum non conveniens most commonly allows a federal court to:
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Correct Answer: C — Forum non conveniens is a dismissal doctrine used when an adequate alternative forum is substantially more appropriate. A transfer between federal districts is governed by the federal transfer statutes, not by forum non conveniens.
7. Under the pleading standard from Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint must contain:
View Answer & Explanation Optional
Correct Answer: C — Twombly and Iqbal require factual allegations sufficient to state a plausible claim for relief — mere legal conclusions or a "formulaic recitation" of the elements are not enough.
8. Under Rule 15, an amendment to a pleading that would otherwise be time-barred may still "relate back" to the original filing date if:
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Correct Answer: D — The relation-back doctrine allows an amendment asserting a claim arising from the same conduct, transaction, or occurrence as the original pleading to be treated as filed on the original date, even if the limitations period has since run.
9. Permissive joinder of parties under Rule 20 is appropriate when claims by or against the parties:
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Correct Answer: A — Rule 20 permits joining multiple parties when their claims arise from the same transaction or occurrence (or series of them) and share a common question of law or fact.
10. A party is considered "necessary" (required) under Rule 19 if, in that party's absence, the court cannot:
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Correct Answer: B — Rule 19 requires joinder of a party when their absence would prevent complete relief, impair their ability to protect their interest, or expose a party to a substantial risk of multiple or inconsistent obligations.
11. By presenting a pleading or written motion to a federal court, Rule 11 generally requires an attorney to certify, after a reasonable inquiry, that:
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Correct Answer: A — Rule 11 focuses on reasonable inquiry, proper purpose, a legitimate legal basis, and evidentiary support. It does not require counsel to guarantee the outcome of the case.
12. A motion to dismiss for lack of personal jurisdiction is brought under:
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Correct Answer: C — Rule 12(b)(2) is the specific vehicle for challenging a court's personal jurisdiction over the defendant, distinct from 12(b)(6)'s failure-to-state-a-claim challenge.
13. At the Rule 26(f) conference, the parties are generally expected to:
View Answer & Explanation Optional
Correct Answer: D — Rule 26(f) requires the parties to confer and develop a proposed discovery plan. The conference is an early case-management step, not a trial or a substitute for discovery itself.
Civil Procedure: Discovery, Judgments & Appeals (Q14–25)
CIVIL PROCEDURE — PART 2Move from discovery and work product through trial motions, appellate review, jurisdictional details, and preclusion.
14. The general scope of discovery under the Federal Rules covers any nonprivileged matter that is:
View Answer & Explanation Optional
Correct Answer: C — Federal discovery generally reaches nonprivileged matter that is relevant to a party's claim or defense and proportional to the needs of the case. Information within that scope need not itself be admissible in evidence to be discoverable.
15. The work product doctrine generally protects:
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Correct Answer: B — Work product protection shields materials prepared in anticipation of litigation or for trial by a party or their attorney, distinct from ordinary business records.
16. If a defendant fails to timely respond to a properly served complaint, the plaintiff may generally seek:
View Answer & Explanation Optional
Correct Answer: B — A defendant's failure to timely answer or otherwise respond can result in entry of default, and ultimately a default judgment, against them.
17. A motion for judgment as a matter of law (directed verdict) may be granted when:
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Correct Answer: A — JMOL is appropriate when, viewing the evidence in the light most favorable to the non-movant, no reasonable jury could find in that party's favor on the issue.
18. A federal district court's conclusion on a question of law is generally reviewed on appeal under which standard?
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Correct Answer: D — Questions of law are generally reviewed de novo, meaning the appellate court gives no deference to the district court's legal conclusion. Other matters may receive more deferential standards, such as clear-error or abuse-of-discretion review.
19. Under the final judgment rule, a party generally may appeal:
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Correct Answer: C — The final judgment rule generally requires waiting until the district court disposes of all claims before an appeal can be taken, subject to limited exceptions.
20. Which of the following is a recognized exception allowing an interlocutory (pre-final-judgment) appeal?
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Correct Answer: A — Orders granting, modifying, or denying injunctions are among the recognized statutory exceptions permitting an immediate interlocutory appeal before final judgment.
21. Issue preclusion (collateral estoppel) generally prevents relitigating an issue when it was:
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Correct Answer: D — Issue preclusion applies to issues that were actually litigated, determined by a valid and final judgment, and essential to that judgment — unlike claim preclusion, it can sometimes apply against non-mutual parties too.
22. Under the complete diversity rule from Strawbridge v. Curtiss, diversity jurisdiction requires that:
View Answer & Explanation Optional
Correct Answer: C — Complete diversity requires that no plaintiff share state citizenship with any defendant — partial diversity (some but not all parties diverse) is not enough for jurisdiction under this rule.
23. When a single plaintiff has multiple claims against a single defendant, the amount-in-controversy requirement is generally satisfied by:
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Correct Answer: D — A single plaintiff may generally aggregate multiple claims against a single defendant to meet the amount-in-controversy requirement, even if no single claim alone would qualify.
24. A state's "long-arm statute" is the mechanism that:
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Correct Answer: A — A long-arm statute is the state law that authorizes courts to exercise personal jurisdiction over out-of-state defendants, subject to the constitutional due process limits like minimum contacts.
25. Which of the following best distinguishes claim preclusion from issue preclusion?
View Answer & Explanation Optional
Correct Answer: C — Claim preclusion bars an entire claim already litigated (or that could have been), while issue preclusion is narrower, barring relitigation of a specific issue that was actually and necessarily decided.
Contracts: Formation & Defenses (Q26–38)
CONTRACTS — PART 1Shift to contract formation, option contracts, reliance, UCC formation, conditions, repudiation, and defenses to enforcement.
26. A unilateral contract is one in which:
View Answer & Explanation Optional
Correct Answer: D — In a unilateral contract, the offeror seeks performance itself (not a promise) as acceptance — classic example: "I'll pay you $50 if you walk across the bridge."
27. An option contract generally makes an offer irrevocable because the offeree has given:
View Answer & Explanation Optional
Correct Answer: A — An option contract is formed when the offeree pays or provides separate consideration to hold the offer open, making it irrevocable during that period even though the underlying offer hasn't been accepted yet.
28. Promissory estoppel may allow a promise to be enforced without traditional consideration when:
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Correct Answer: B — Promissory estoppel substitutes for consideration when a promisee reasonably relies to their detriment on a promise, and enforcing the promise is the only way to avoid injustice.
29. Under the common law "mailbox rule," an acceptance sent by mail is generally effective:
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Correct Answer: A — Under the mailbox rule, a properly addressed and stamped acceptance is effective the moment it's mailed (dispatched), not when the offeror actually receives or reads it.
30. Under UCC § 2-207 (the "battle of the forms"), when a buyer and seller exchange forms with differing terms, a contract:
View Answer & Explanation Optional
Correct Answer: C — UCC § 2-207 relaxes the common law mirror image rule for the sale of goods, allowing a contract to form even with additional or different terms, which are then resolved under specific UCC provisions.
31. A "condition precedent" in a contract is:
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Correct Answer: C — A condition precedent is an event that must occur before a party becomes obligated to perform — until it happens (or is excused), there is no duty to perform.
32. Anticipatory repudiation occurs when a party:
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Correct Answer: D — Anticipatory repudiation happens when a party clearly and unequivocally communicates, before their performance is due, that they will not perform — allowing the other party to treat the contract as breached immediately.
33. Under the doctrine of substantial performance, a party who has performed most, but not all, of their contractual obligations:
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Correct Answer: A — Substantial performance allows a party who has performed the essential purpose of the contract, with only minor deviations, to recover the contract price, offset by damages for the deficiency.
34. A defense of "impossibility" or "impracticability" excuses contractual performance when:
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Correct Answer: B — Impossibility/impracticability excuses performance when an unforeseen, unallocated event makes performance objectively impossible or unreasonably impracticable, not merely more costly or inconvenient.
35. The doctrine of "frustration of purpose" excuses performance when:
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Correct Answer: B — Frustration of purpose applies when performance is still possible, but an unforeseen event has destroyed the fundamental reason both parties entered the contract in the first place.
36. A "mutual mistake" that may void a contract exists when:
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Correct Answer: C — Mutual mistake requires both parties to share the same incorrect belief about a basic, material assumption underlying the contract — unlike unilateral mistake, which involves only one party's error.
37. A contract entered into due to "unconscionability" may be voided when it is:
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Correct Answer: B — Unconscionability is assessed in context. Courts commonly examine procedural unfairness in the bargaining process and substantive unfairness in the terms, but the precise formulation and the weight given to each can vary by jurisdiction.
38. Under the "pre-existing duty rule" at common law, a promise to pay extra for something a party was already legally obligated to do is generally:
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Correct Answer: A — At common law, a promise to pay more for a duty already owed generally lacks new consideration and is unenforceable, absent an exception like unforeseen difficulties. (Note: the UCC relaxes this rule for the sale of goods, allowing good-faith modifications without new consideration.)
Contracts: Breach, Remedies & Third Parties (Q39–50)
CONTRACTS — PART 2Finish with remedies, consequential damages, mitigation, assignment, delegation, warranties, material breach, and contract capacity.
39. A liquidated damages clause in a contract is generally enforceable if:
View Answer & Explanation Optional
Correct Answer: D — Courts enforce liquidated damages clauses that reasonably estimate likely harm where actual damages would be hard to prove; clauses that operate as a penalty are generally unenforceable.
40. Specific performance, as a contract remedy, is most likely to be granted when the subject matter of the contract is:
View Answer & Explanation Optional
Correct Answer: B — Specific performance is an equitable remedy typically reserved for unique subject matter, like real property or rare goods, where money damages wouldn't adequately compensate the non-breaching party.
41. Under the rule from Hadley v. Baxendale, consequential damages for breach of contract are recoverable only if they were:
View Answer & Explanation Optional
Correct Answer: D — Consequential damages are limited to losses that were foreseeable when the contract was made—either because they ordinarily follow from the breach or because the breaching party had reason to know of the special circumstances that would cause them.
42. A non-breaching party generally has a duty to:
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Correct Answer: A — The non-breaching party has a duty to mitigate damages — to take reasonable steps to avoid or minimize losses — and cannot recover for losses that reasonable mitigation would have avoided.
43. The assignment of contract rights generally allows:
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Correct Answer: B — Assignment transfers the assignor's contractual right to receive performance to the assignee, who then generally may enforce that right directly against the obligor.
44. Delegation of contractual duties is generally NOT permitted when:
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Correct Answer: A — Duties involving special skill, personal trust, or a unique relationship (like hiring a specific artist) generally cannot be delegated without consent, since the other party bargained for that specific performer.
45. A novation differs from an ordinary assignment because a novation:
View Answer & Explanation Optional
Correct Answer: B — A novation is a three-way agreement that substitutes a new party for an original one and completely releases the original party from further liability — unlike a simple assignment, which typically doesn't release the assignor.
46. Under UCC Article 2, the implied warranty of merchantability generally guarantees that goods sold by a merchant are:
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Correct Answer: A — The implied warranty of merchantability arises automatically when a merchant sells goods, warranting that the goods are fit for their ordinary, intended purpose — it doesn't guarantee perfection.
47. A material breach of contract generally allows the non-breaching party to:
View Answer & Explanation Optional
Correct Answer: D — A material breach generally excuses the non-breaching party from further performance and gives rise to a claim for damages, unlike a minor breach, which typically only supports a damages claim while the contract continues.
48. Which of the following is generally true about anticipatory repudiation and the non-breaching party's options?
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Correct Answer: D — After an anticipatory repudiation, the aggrieved party may generally treat the repudiation as a breach and pursue available remedies or, within the limits of the governing law, await performance. A repudiation may sometimes be retracted before the other party materially changes position or treats it as final.
49. A minor's contract is generally considered:
View Answer & Explanation Optional
Correct Answer: A — Contracts entered into by minors are generally voidable at the minor's option — the minor can typically disaffirm the contract, though this right has some limits and exceptions (like necessaries).
50. A contract whose subject matter is illegal (such as an agreement to commit a crime) is generally:
View Answer & Explanation Optional
Correct Answer: B — Contracts for illegal purposes are void and unenforceable as a matter of public policy, regardless of whether both parties willingly agreed to the terms.
If one half of the quiz was noticeably weaker, split your review accordingly. Revisit the rule, write one short application in your own words, and then test it again in an official-style problem.
Frequently Asked Questions
What Civil Procedure topics does this NextGen bar exam quiz cover?▾
This set covers federal question and diversity jurisdiction, supplemental jurisdiction, removal, venue, forum non conveniens, pleadings, joinder, Rule 11, discovery, work product, judgments, appeals, and preclusion.
What Contracts topics does this quiz cover?▾
The Contracts questions cover formation, consideration, reliance, common-law and UCC rules, conditions, performance, breach, defenses, remedies, warranties, assignment, delegation, novation, and third-party rights.
Are these official NCBE Civil Procedure or Contracts questions?▾
No. They are original practice questions designed for study and are not official NCBE questions or a reproduction of the official NextGen exam.
How should I use this set with official NextGen study materials?▾
Use this set for fast doctrine review, then practise the official NCBE sample questions and integrated question sets so you also work with the formats and lawyering skills used on the real NextGen UBE.
Educational practice only. These original questions are not official NCBE materials and do not predict a bar-exam score. Rules can be tested through supplied legal resources and may vary by jurisdiction; use the current NCBE content scope and your jurisdiction’s official guidance as your controlling sources.
