This is Set 2 in our NextGen bar exam practice series -- a focused deep dive into two of the heaviest-tested subjects: Civil Procedure and Contracts. If you've already worked through our first NextGen bar exam post (all 8 subjects, broad overview), this set goes further: 25 brand-new Civil Procedure questions and 25 brand-new Contracts questions, covering ground that first post didn't touch.
Civil Procedure and Contracts are consistently ranked among the highest-yield subjects on the bar exam because they show up constantly in integrated question sets and performance tasks, not just standalone multiple choice. Getting the doctrine rock-solid here pays off across the whole exam, not just this one subject.
How to play: Read each question, pick your answer, then tap "Show Answer" for the correct choice and a short explanation. Free, no sign-up, no time limit.
- ✔ Federal jurisdiction & removal
- ✔ Pleading standards & joinder rules
- ✔ Class actions & discovery
- ✔ Judgments, appeals & preclusion
- ✔ Contract formation & defenses
- ✔ Breach, excuse & damages doctrine
- ✔ UCC battle of the forms
- ✔ Assignment, delegation & novation
Civil Procedure: Jurisdiction & Pleadings (Q1-13)
CIVIL PROCEDURE -- PART 1We're starting where most Civ Pro questions start: figuring out whether a court even has the power to hear the case.
1. Federal question jurisdiction under 28 U.S.C. § 1331 generally requires that the federal issue:
- A) Appear anywhere in the case, including the defendant's answer
- B) Appear on the face of the plaintiff's well-pleaded complaint
- C) Be raised only as a defense
- D) Involve at least $75,000 in damages
Show Answer & Explanation
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:
- A) Have no connection to the claim that gave the court jurisdiction
- B) Form part of the same case or controversy as the claim that gave the court original jurisdiction
- C) Involve entirely different parties with no relationship to the original suit
- D) Must always be dismissed once the primary claim settles
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Remove the case to federal court
- B) Automatically dismiss the case
- C) Demand a change of judge
- D) Force the plaintiff to refile in a different state
Show Answer & Explanation
Correct Answer: A -- 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:
- A) The plaintiff is a citizen of the forum state
- B) Any defendant properly joined and served is a citizen of the state in which the action was filed
- C) The amount in controversy is unusually high
- D) There is only one defendant
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Any district the plaintiff happens to prefer
- B) A judicial district where any defendant resides (if all defendants reside in the same state) or where a substantial part of the events giving rise to the claim occurred
- C) Only the district where the plaintiff's attorney is located
- D) Only federal courts in Washington, D.C.
Show Answer & Explanation
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. Even when venue is technically proper, a court may dismiss or transfer a case under the doctrine of forum non conveniens if:
- A) The plaintiff simply prefers a different court
- B) Another forum is significantly more convenient for the parties and witnesses and serves the interests of justice
- C) The defendant is wealthier than the plaintiff
- D) It has never been applied in any U.S. court
Show Answer & Explanation
Correct Answer: B -- Forum non conveniens allows a court to dismiss or transfer a case, even with proper venue, when another available forum would be substantially more convenient and better serve the interests of justice.
7. Under the pleading standard from Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint must contain:
- A) A short and plain statement showing a plausible entitlement to relief, with enough factual matter to raise the claim above a speculative level
- B) Every piece of evidence the plaintiff intends to use at trial
- C) Only legal conclusions, without any facts
- D) A notarized affidavit from the plaintiff
Show Answer & Explanation
Correct Answer: A -- 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:
- A) The new claim arose out of the same conduct, transaction, or occurrence set out in the original pleading
- B) The amendment adds a completely unrelated claim
- C) The statute of limitations never applies to amendments
- D) The plaintiff simply requests it, regardless of content
Show Answer & Explanation
Correct Answer: A -- 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:
- A) Arise out of the same transaction or occurrence and share a common question of law or fact
- B) Have absolutely nothing in common
- C) Involve different plaintiffs suing in completely unrelated cases
- D) Are always mandatory, never optional
Show Answer & Explanation
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:
- A) Accord complete relief among existing parties, or the absent party's interests would be impaired or create a risk of multiple/inconsistent obligations
- B) Finish the case before the end of the fiscal year
- C) Collect a filing fee
- D) Assign the case to a specific judge
Show Answer & Explanation
Correct Answer: A -- 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. To certify a class action under Rule 23, a plaintiff must generally show numerosity, commonality, typicality, and:
- A) Adequacy of representation
- B) That every class member has an identical claim amount
- C) Unanimous consent of all class members
- D) That the class has fewer than 10 members
Show Answer & Explanation
Correct Answer: A -- Rule 23(a) requires numerosity, commonality, typicality, and adequacy of representation before a class can be certified (plus satisfying one of Rule 23(b)'s additional categories).
12. A motion to dismiss for lack of personal jurisdiction is brought under:
- A) Rule 12(b)(6)
- B) Rule 12(b)(2)
- C) Rule 56
- D) Rule 23
Show Answer & Explanation
Correct Answer: B -- 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. A forum selection clause in a contract, designating a specific court to hear future disputes, is generally:
- A) Automatically void and unenforceable
- B) Enforceable unless enforcement would be unreasonable or unjust
- C) Only enforceable in criminal cases
- D) Ignored entirely by federal courts
Show Answer & Explanation
Correct Answer: B -- Forum selection clauses are generally enforced according to their terms unless enforcement would be unreasonable, unjust, or the result of fraud or overreaching.
Civil Procedure: Discovery, Judgments & Appeals (Q14-25)
CIVIL PROCEDURE -- PART 2Once jurisdiction and pleadings are settled, a case moves into discovery, trial motions, and eventually judgment. This section covers what happens next.
14. The general scope of discovery under the Federal Rules covers any nonprivileged matter that is:
- A) Relevant to any party's claim or defense and proportional to the needs of the case
- B) Limited strictly to admissible trial evidence
- C) Whatever either party unilaterally decides to disclose
- D) Limited to documents older than five years
Show Answer & Explanation
Correct Answer: A -- Discovery covers nonprivileged matter relevant to a claim or defense and proportional to the case's needs -- it need not be admissible at trial itself, just reasonably calculated to lead to relevant evidence.
15. The work product doctrine generally protects:
- A) Any document a company creates in the ordinary course of business
- B) Materials prepared by a party or their representative in anticipation of litigation
- C) Public records available to anyone
- D) Nothing -- it was abolished decades ago
Show Answer & Explanation
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:
- A) A default judgment
- B) Automatic dismissal of their own case
- C) A jury trial only, with no other remedy
- D) Nothing -- silence is treated as a denial
Show Answer & Explanation
Correct Answer: A -- 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:
- A) The judge personally dislikes one party's attorney
- B) A reasonable jury would not have a legally sufficient basis to find for the non-moving party on an issue
- C) Either party simply requests it before trial begins
- D) The jury has already reached a verdict
Show Answer & Explanation
Correct Answer: B -- 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 motion for a new trial may be granted for reasons including:
- A) The verdict is against the clear weight of the evidence, or the trial was tainted by legal error or misconduct
- B) One party simply lost and is unhappy
- C) The losing attorney wants a second chance for any reason
- D) New trials are never permitted once a verdict is entered
Show Answer & Explanation
Correct Answer: A -- Courts may order a new trial where the verdict is against the weight of the evidence, damages are excessive, or the proceedings were affected by legal error, newly discovered evidence, or misconduct.
19. Under the final judgment rule, a party generally may appeal:
- A) Any ruling the moment it is made, mid-trial
- B) Only after the district court has entered a final judgment resolving all claims
- C) Only if they win at trial
- D) Never, once a case reaches federal court
Show Answer & Explanation
Correct Answer: B -- 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?
- A) An order granting or denying a preliminary injunction
- B) Any routine discovery dispute
- C) A scheduling order setting a trial date
- D) A denial of a continuance
Show Answer & Explanation
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:
- A) Mentioned in passing without being decided
- B) Actually litigated, determined by a valid final judgment, and essential to that judgment
- C) Raised for the first time on appeal
- D) Dismissed without prejudice
Show Answer & Explanation
Correct Answer: B -- 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:
- A) At least one plaintiff and one defendant be from different states
- B) No plaintiff share citizenship with any defendant
- C) All parties be citizens of the same state
- D) Only corporations, not individuals, may be parties
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Aggregating the claims to meet the jurisdictional threshold
- B) Looking only at the smallest individual claim
- C) Ignoring the claims entirely
- D) Requiring each claim to independently exceed $75,000
Show Answer & Explanation
Correct Answer: A -- 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:
- A) Extends a state court's personal jurisdiction over out-of-state defendants, up to constitutional limits
- B) Sets criminal sentencing guidelines
- C) Governs only jury selection
- D) Has nothing to do with jurisdiction
Show Answer & Explanation
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?
- A) Claim preclusion bars relitigating an entire claim that was or could have been raised; issue preclusion bars relitigating a specific issue that was actually decided
- B) They are simply two names for the exact same doctrine
- C) Issue preclusion applies only in criminal cases
- D) Claim preclusion applies only to contract disputes
Show Answer & Explanation
Correct Answer: A -- 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 1Every contracts question starts with the same basic question: was a valid contract actually formed, and if so, is there a defense that undoes it?
26. A unilateral contract is one in which:
- A) Both parties exchange promises to perform in the future
- B) One party makes a promise in exchange for the other party's completed performance, rather than a return promise
- C) No consideration is required at all
- D) Only the offeror is bound, regardless of acceptance
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Nothing at all -- options require no consideration
- B) Separate consideration to keep the offer open for a specified time
- C) Only a verbal promise with no exchange
- D) Notice to a third party
Show Answer & Explanation
Correct Answer: B -- 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:
- A) The promisor made the promise as a joke
- B) The promisee reasonably and detrimentally relied on the promise, and injustice can only be avoided by enforcing it
- C) No reliance of any kind occurred
- D) The promise was made after the underlying transaction was already complete
Show Answer & Explanation
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:
- A) Only once the offeror actually reads it
- B) Upon dispatch (when properly mailed), not upon receipt
- C) Never, if sent by mail rather than in person
- D) Only if the offeror confirms receipt in writing
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Can never be formed if the forms differ in any way
- B) May still be formed, with additional or different terms handled under UCC-specific rules rather than the strict common law mirror image rule
- C) Automatically uses only the buyer's terms
- D) Requires a judge to draft new terms from scratch
Show Answer & Explanation
Correct Answer: B -- 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:
- A) An event that must occur before a party's performance obligation arises
- B) A condition that cancels an already-performed contract
- C) Irrelevant to whether performance is owed
- D) Only relevant in criminal law
Show Answer & Explanation
Correct Answer: A -- 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:
- A) Fully performs the contract early
- B) Clearly indicates, before performance is due, that they will not perform
- C) Simply misses a minor deadline
- D) Requests a short extension of time
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Automatically forfeits any right to payment
- B) May still recover the contract price, minus damages for the incomplete or defective performance
- C) Has committed a total breach in every case
- D) Is entitled to no remedy of any kind
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Performance simply becomes more expensive than expected
- B) An unforeseen event makes performance objectively impossible or extremely impracticable through no fault of the performing party
- C) A party simply changes their mind
- D) The contract was never in writing
Show Answer & Explanation
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:
- A) Performance remains physically possible, but the principal purpose for entering the contract has been destroyed by an unforeseen event
- B) One party simply regrets the deal
- C) The contract price rises slightly
- D) It never applies in modern contract law
Show Answer & Explanation
Correct Answer: A -- 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:
- A) Only one party misunderstands a basic assumption of the contract
- B) Both parties share the same erroneous belief about a basic assumption material to the deal
- C) A party simply makes a bad business decision
- D) No factual error of any kind is involved
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Simply a bad deal for one side
- B) So one-sided and procedurally unfair (often involving unequal bargaining power) that enforcement would shock the conscience
- C) Signed by both parties voluntarily and fairly
- D) Only unconscionable if a court says so after full performance
Show Answer & Explanation
Correct Answer: B -- Unconscionability typically requires both procedural unfairness (like unequal bargaining power or hidden terms) and substantive unfairness (oppressively one-sided terms) severe enough to shock the conscience.
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:
- A) Enforceable without any additional consideration
- B) Unenforceable for lack of new consideration, absent an exception
- C) Automatically void for fraud
- D) Irrelevant to contract modification analysis
Show Answer & Explanation
Correct Answer: B -- 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, Damages & Third Parties (Q39-50)
CONTRACTS -- PART 2Once a contract is formed and a breach happens, the questions shift to remedies -- and to who else besides the original two parties might have rights or obligations.
39. A liquidated damages clause in a contract is generally enforceable if:
- A) It is a reasonable estimate of anticipated harm and actual damages would be difficult to calculate
- B) It is designed purely to punish the breaching party
- C) It is always unenforceable as a matter of law
- D) It sets damages far higher than any conceivable actual loss, with no justification
Show Answer & Explanation
Correct Answer: A -- 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:
- A) Fungible goods readily available on the open market
- B) Unique, such as land or a one-of-a-kind item, making money damages inadequate
- C) A simple service contract for lawn care
- D) Never available for any type of contract
Show Answer & Explanation
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:
- A) Completely unforeseeable at the time of contracting
- B) Reasonably foreseeable to both parties at the time the contract was formed
- C) Punitive in nature
- D) Speculative, with no basis in fact
Show Answer & Explanation
Correct Answer: B -- Hadley v. Baxendale limits consequential damages to losses that were reasonably foreseeable to both parties at the time of contracting, or that the breaching party had reason to know about.
42. A non-breaching party generally has a duty to:
- A) Do nothing and let damages accumulate as high as possible
- B) Take reasonable steps to mitigate their damages after a breach
- C) Ignore the breach entirely
- D) Immediately terminate the relationship, with no other options
Show Answer & Explanation
Correct Answer: B -- 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:
- A) An obligor to unilaterally cancel the underlying contract
- B) A party (the assignor) to transfer their right to receive contract performance to a third party (the assignee)
- C) Nothing to change -- assignment has no legal effect
- D) Only the original parties to ever benefit from the contract
Show Answer & Explanation
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:
- A) The duty involves purely routine, non-personal tasks
- B) The contract involves special skill, trust, or a personal relationship that the other party specifically bargained for
- C) Both parties agree to the delegation in writing
- D) The delegate is fully qualified to perform
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Requires all parties' agreement to substitute a new party and fully release the original party from the contract
- B) Never releases any original party from liability
- C) Can happen without the consent of any party
- D) Only applies to real estate contracts
Show Answer & Explanation
Correct Answer: A -- 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:
- A) Perfect and defect-free in every respect
- B) Fit for the ordinary purposes for which such goods are used
- C) Guaranteed for the buyer's entire lifetime
- D) Only covered if the buyer specifically requests a warranty
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Suspend their own performance and sue for damages
- B) Do nothing, since only criminal breaches matter
- C) Automatically void the entire contract with no remedy
- D) Be forced to keep performing regardless of the breach
Show Answer & Explanation
Correct Answer: A -- 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?
- A) The non-breaching party must wait until the performance date to do anything
- B) The non-breaching party may treat the contract as breached immediately and sue, or await performance for a reasonable time
- C) The non-breaching party automatically loses all rights under the contract
- D) Anticipatory repudiation has no legal effect
Show Answer & Explanation
Correct Answer: B -- Upon anticipatory repudiation, the non-breaching party has options: treat the contract as immediately breached and pursue remedies, or wait a commercially reasonable time to see if the repudiating party retracts.
49. A minor's contract is generally considered:
- A) Void from the start, with no legal effect whatsoever
- B) Voidable at the minor's election, meaning the minor can typically choose to disaffirm it
- C) Fully binding on the minor with no special protections
- D) Automatically ratified the moment it's signed
Show Answer & Explanation
Correct Answer: B -- 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:
- A) Fully enforceable if both parties agree to it
- B) Void and unenforceable as against public policy
- C) Enforceable only by the party who benefits most
- D) Automatically converted into a legal contract by a court
Show Answer & Explanation
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.
This score guide is an informal self-assessment only and does not predict an official NextGen UBE score or passing result.
⚖ How did you score? Let us know in the comments whether Civil Procedure or Contracts gave you more trouble -- and check out the rest of the series for the other 6 NextGen subjects.
- NextGen Bar Exam Practice Questions 2026: Set 1 (All 8 Subjects Overview)
- NextGen Bar Exam: Torts & Constitutional Law Practice Questions (Set 3) — Coming Soon
- NextGen Bar Exam: Criminal Law & Evidence Practice Questions (Set 4) — Coming Soon
- NextGen Bar Exam: Real Property & Business Associations Practice Questions (Set 5) — Coming Soon
- NextGen Bar Exam vs Legacy UBE: What's Different — Coming Soon
Frequently Asked Questions
What Civil Procedure topics are tested on the NextGen bar exam?▾
NextGen Civil Procedure covers subject matter jurisdiction (federal question, diversity, and supplemental jurisdiction), personal jurisdiction, venue, pleading standards, joinder of parties, class actions, discovery, motions, judgments, preclusion doctrine, and choice of law -- with Conflict of Laws folded in as part of this subject.
What Contracts topics are tested on the NextGen bar exam?▾
NextGen Contracts covers both common law contract principles and UCC Article 2 for the sale of goods: formation, defenses to formation, performance and breach, conditions, remedies, and third-party rights including assignment and delegation.
Is this different from your first NextGen bar exam practice post?▾
Yes. Our first NextGen bar exam post covers all 8 tested subjects as a broad overview. This is Set 2, a deep dive into just Civil Procedure and Contracts with 25 new questions on each subject. None of the questions repeat between the two posts.
Do I need to know the Federal Rules of Civil Procedure by rule number for the bar exam?▾
You should understand what the major rules require conceptually (like the standards for dismissal, summary judgment, or class certification), but the bar exam tests your ability to apply the underlying legal standard to a fact pattern, not your ability to recite rule numbers from memory.
These independently created practice questions are provided for educational purposes only. They are not official NCBE questions, and MCQsQuestions.com is not affiliated with or endorsed by the National Conference of Bar Examiners.
