MPRE Litigation and Advocacy Practice Questions

Area VI of NCBE’s MPRE outline · 10–16% of the exam, about 5 to 8 of the 50 scored questions

60 questions across all twelve areas in 2 hours, with a score for Litigation and Advocacy so you know where you stand.

Free Litigation and Advocacy drill
Free sample · Question 1 of 3Litigation and Advocacy

An attorney witnessed the car accident at issue and will be a necessary witness about the disputed events. May she act as trial counsel for the plaintiff?

Choose the best answer

Litigation and Other Forms of Advocacy on the MPRE

Litigation and other forms of advocacy are Area VI of NCBE’s outline and 10–16% of the MPRE, about 5 to 8 of the 50 scored questions. The questions test a lawyer’s duties to the court and the other side, which can override duties to the client.

Share of the exam
10–16% in NCBE’s subject matter outline, about 5 to 8 of the 50 scored questions
Our drill
10 questions from 38 Litigation and Advocacy questions, untimed, an explanation after every answer; one free attempt, unlimited with a pass
Line drawing of a courtroom witness stand with a chair and microphone beside the judge’s bench with a gavel

What litigation and advocacy questions test

  • Meritorious claims and expediting litigation, including litigation sanctions (Rules 3.1, 3.2; FRCP 11)
  • Candor to the tribunal: false statements, adverse controlling authority, false evidence, criminal defendants’ testimony and ex parte proceedings (Rule 3.3)
  • Fairness to the opposing party: evidence, witness payments, discovery and trial conduct (Rule 3.4)
  • Impartiality and decorum: ex parte contact with judges and jurors and disruptive conduct (Rule 3.5)
  • Trial publicity and the lawyer as witness (Rules 3.6, 3.7)

Sit the full exam under the real clock

60 questions across all twelve areas in 2 hours, with a score for Litigation and Advocacy so you know where you stand.

Free Litigation and Advocacy drill

How to study it

  • Learn the three Rule 3.3 duties and how long they last: to the conclusion of the proceeding.
  • Remember the criminal defendant exception: a lawyer may refuse to offer evidence reasonably believed false, but not the defendant’s own testimony unless the lawyer knows it is false.
  • Learn the list of statements Rule 3.6(b) allows about a pending case.
  • Take the litigation and advocacy drill until you score 80% or better.

Common questions

How many litigation questions are on the MPRE?

Litigation and other forms of advocacy are 10-16% of the exam in NCBE’s outline, about 5 to 8 of the 50 scored questions.

Must a lawyer disclose adverse law to the court?

Yes, if it is legal authority in the controlling jurisdiction, known to the lawyer, directly adverse to the client’s position and not disclosed by opposing counsel (Rule 3.3(a)(2)).

60 questions across all twelve areas in 2 hours, with a score for Litigation and Advocacy so you know where you stand.

Free Litigation and Advocacy drill

The other MPRE areas

Sources

Original practice questions for exam preparation, written to NCBE’s MPRE Subject Matter Outline and the ABA Model Rules; they are not NCBE questions. Independent practice, not affiliated with or endorsed by the National Conference of Bar Examiners (NCBE) or the American Bar Association. MPRE is a mark of NCBE.