Mixed Set MBE

Question 1

3 Types of Parties To a Crime

Answer 1

1. Principal: Those with requisite mental state, actually engage in act or omission that causes criminal result
2. Accomplice: One who with the intent that the crime be committed aids, counsels, or encourages the principal before or during the crime
3. Accessory After the Fact: One who receives, relieves, comforts, or assists, another knowing that he has committed a felony in order to help the felon escape arrest, trial, or conviction

Question 2

Lay opinion testimony is admissible when:

Answer 2

(i) it is rationally based on the perception of the witness;
(ii) it is helpful to a clear understanding of his testimony or to the determination of a fact in issue; and
(iii) it is not based on scientific, technical, or other specialized knowledge.

Question 3

Indemnity involves shifting the entire loss between or among tortfeasors, and is available where:

Answer 3

(i) there is a contractual promise to indemnify;
(ii) there is a special relationship between the defendants that would allow for vicarious liability; or (iii) the defendant is a supplier in a strict products liability case who is liable to an injured customer, thus giving the supplier a right of indemnification against previous suppliers in the distribution chain.

Question 4

A novation will be found when there is

Answer 4

(i) a previous valid contract;
(ii) an agreement among the parties, including the new party to the new contract;
(iii) the immediate extinguishment of contractual duties as between the original contracting parties; and
(iv) a valid and enforceable new contract.

Question 5

To establish a prima facie case for interference with business relations, the following elements must be proved:

Answer 5

(i) existence of a valid contractual relationship between plaintiff and a third party or a valid business expectancy of plaintiff;
(ii) defendant’s knowledge of the relationship or expectancy;
(iii) intentional interference by defendant that induces a breach or termination of the relationship or expectancy; and
(iv) damage to plaintiff.

Question 6

SCARF BAFFLE

Answer 6

solicitation, conspiracy, attempt, robbery, first degree murder, burglary, assault, forgery,,false pretenses, larceny, embezzlement