MBE bar study 3

Question 1

If a tenant stays past the expiration of a lease, then what are the landlord options: _________ .

Answer 1

evict with unlawful detainer or bind tenant to a new periodic tenancy

Question 2

Most courts would rule that a residential hold-over tenant a _________ , irrespective of the terms of the original lease.

Answer 2

month-to-month tenant

Question 3

On cross examination, prior bad acts without a conviction are ________ if they are probative of truthfulness.

Answer 3

permissible

Question 4

firefighter’s rule

Answer 4

Bars firefighters and police officers from recovering for injuries caused by the risk of the rescue.

Question 5

When arresting a person, an officer need only have a _______ that a felony has been committed.

Answer 5

reasonable belief

Question 6

Violating a statute is enough to prove negligence, but not ____________ .

Answer 6

recklessness

Question 7

If promisor’s primary intent is to discharge a debt to a third party, then the third party is a _______ .

Answer 7

creditor beneficiary

Question 8

A joint tenancy can be ________ severed by one party.

Answer 8

unilaterally

Question 9

10 year time limit for admitting prior convictions only applies to what situation?

Answer 9

For impeaching a witness on the stand

Question 10

What is a license?

Answer 10

personal privilege to go upon the land belonging to the licensor

Question 11

Under CL, For a burglary conviction the intent to commit a felony must be ________

Answer 11

At the time of the breaking and entering

Question 12

Under the Federal Rules, what can be used to refresh one’s recollection.

Answer 12

any materials may be used even those not entered into evidence or seen before trial

Question 13

The general principles of intergovernmental immunity prevent __________ with state government functions.

Answer 13

federal interference

Question 14

Restitution action must show ___________ and ___________

Answer 14

expectation of being compensated are reasonable, D was conferred a benefit

Question 15

In order for nonconforming goods to be considered a counteroffer, the seller must ________ .

Answer 15

give notice that the shipment is an accommodation.

Question 16

Perfect tender rule

Answer 16

Buyer is allowed to reject entire shipment if seller sends nonconforming goods.

Question 17

In a sale of goods contract, there is no breach until ________

Answer 17

delivery date

Question 18

Specific performance is often the result in the _____ context because each parcel is considered _______ .

Answer 18

land, unique

Question 19

public nuisance when the property owner is using his property in a manner that ________ .

Answer 19

it creates an unreasonable risk to the public

Question 20

Private nuisance have no standing to bring public nuisance actions unless they can claim __________ in addition to __________.

Answer 20

special injury, harm to the public

Question 21

When both parties are merchants, then additional terms ________ .

Answer 21

become part of the contract

Question 22

The media may not be punished for publishing a true fact if

Answer 22

it was lawfully obtained, even if released inadvertently

Question 23

In general, can a contract for paving be assigned without the beneficiaries permission?

Answer 23

yes

Question 24

Can the party sue the assignee if he fails to perform under the contract?

Answer 24

yes

Question 25

Where land boundaries have been determined and a plat and survey exists, which prevails?

Answer 25

the survey

Question 26

The court is never required to state ___________ for overruling an objection.

Answer 26

reason

Question 27

No attempt to retreat is required when using ___________

Answer 27

nondeadly force

Question 28

A direct tax on the federal government is invalid, unless _______.

Answer 28

Congress consent to the tax

Question 29

In a partial condemnation case, the landlord tenant relationship ________, as does the tenant’s obligation to ___________ .

Answer 29

continues, pay the entire rent

Question 30

What is the remedy when a party attempts to enforce an illegal contract?

Answer 30

Court leaves the parties as it finds them

Question 31

Constitution prohibits the impairment of ______________ by a state except in certain narrow circumstances.

Answer 31

contractual obligations

Question 32

Continuing trespass doctrine

Answer 32

If a person takes property without the state of mind to commit larceny at first, then changes his state of mind, then the initial wrongful taking is regarded as continuing

Question 33

A to B and his heirs, so long as. What is A’s interest?

Answer 33

possibility of reverter.

Question 34

The right of reentry must be _________ in the conveyance to be valid.

Answer 34

expressly stated

Question 35

Regulation of truthful advertising of a lawful activity will analyzed under what Amendment?

Answer 35

First amendment - commercial speech

Question 36

Leading questions are allowed on direct examination of a _________ .

Answer 36

hostile witness

Question 37

Contract and 3rd party rights. obligor can use the same defenses against the __________ as he can use against the ________.

Answer 37

assignee, assignor

Question 38

Attempt is this kind of crime.

Answer 38

specific intent crime.

Question 39

In a situation, where one party does the majority of maintenance on a property, does this entitle them to an exclusive interest above all other parties?

Answer 39

No

Question 40

It is a defense to _____________ that the police acted under a valid arrest warrant.

Answer 40

false imprisonment

Question 41

A crop failure resulting from an unexpected cause ____________ to deliver the full amount as long as he makes a fair and reasonable allocation among his buyers.

Answer 41

excuses the farmer’s obligation to perform

Question 42

__________ impossibility is not a defense to a charge of attempt.

Answer 42

factual

Question 43

The state may require licensing for anybody dealing with ________ based on its _____________ .

Answer 43

the public, police power

Question 44

For trespassers, ___________ is not imposed on the landowner, and a person cannot get damages for a dangerous animal unless the landowner was ___________ .

Answer 44

strict liability, negligent

Question 45

self-identification of a caller is _________ evidence of identity.

Answer 45

insufficient

Question 46

Failure to put out a fire can establish the _______ requirement for an arson charge.

Answer 46

malice

Question 47

For an arson charge, the requirement that the building be “of another” pertains to _________, rather than ownership.

Answer 47

possession

Question 48

When transferring title, only a _________ encroachment constitutes a title defect.

Answer 48

significant

Question 49

A bill of attainder is a legislative act that inflicts punishment without a judicial trial on ___________________ .

Answer 49

individuals either by name or based on past conduct.

Question 50

In general, a unilateral mistake will

Answer 50

not prevent formation of a contract