Questions 101 to 150 MBE practice

Question 1

A product may be dangerously defective because it is accompanied by an inadequate warning if:

Answer 1

it fails to communicate its message to the user,

fails to sufficiently describe the danger,

fails to mention all dangers, or

is inconsistent with the instructions for use of the product.

Question 2

Although it is generally true that a foreclosure sale terminates the mortgagor’s interest in the mortgaged property, in this jurisdiction the __________ right of __________ does not expire until some time after the foreclosure sale (up to 6-12 months).

Answer 2

statutory right of redemption

Question 3

What is the difference between Equitable redemption and Statutory redemption?

Answer 3

Equitable redemption is the right of a defaulting mortgagor to reclaim property by paying all past due mortgage payments anytime prior to foreclosure.

Statutory redemption, by contrast, begins at the point of foreclosure and requires that the defaulting mortgagor pay the full foreclosure sale price.

Question 4

Common carriers, such as ferry companies, have a special relationship to their customers. As a result, they have a higher duty of care, including an obligation to

Answer 4

to take affirmative action to aid their customers if they are ill or injured.

Question 5

T or F The federal rules have procedures for vacating a judgment and otherwise granting relief based on grounds such as fraud and excusable neglect. However, they also have a simpler procedure for correcting an obvious clerical error

Answer 5

True

Question 6

T or F Either party to a contract may waive a condition or conditions. A waiver can occur by words or actions. By performing anyway, after the failure of a condition, the party gives up the right to satisfaction of the condition and his performance becomes obligatory.

Answer 6

True

Question 7

Common-law arson is the malicious burning of another’s dwelling. For this purpose, malice includes also:

Answer 7

the reckless disregard of a high risk of harm.

Question 8

A lineup, show-up, or photo identification violates due process if it is “unnecessarily suggestive and conducive to irreparable mistaken identification”
Where an identification is both suggestive and unnecessary, it can still be admissible if it is reliable based on a “totality of the circumstances” assessment, which considers the following factors:
These factors are then balanced against the degree of suggestiveness

Answer 8

(1) how well the witness saw the criminal at the scene;
(2) the witness’s degree of attention;
(3) the accuracy of the witness’s descriptions;
(4) the witness’s degree of certainty; and
(5) the time elapsed between the crime and the identification.

Question 9

T or F A warrant is generally not required for an arrest. Warrantless arrests are permitted for felonies, whether committed in an officer’s presence or not,

Answer 9

True

Question 10

T or F If a misdemeanor is committed OUTSIDE the officer’s presences, a warrant is not required.

Answer 10

False, it is required

Question 11

Under the MPC a person cannot be charged with conspiracy if:

Answer 11

they withdraw

and attempt to thwart the crime

Question 12

a conspirator is liable for the crimes of all other conspirators if

Answer 12

the crime was a foreseeable outgrowth of the conspiracy.

Question 13

False pretenses requires

Answer 13

False pretenses requires a misrepresentation of fact used to obtain title to money or property.

Question 14

T or F U.S. Congress may use its taxing power as a regulating device rather than for revenue raising purposes.

Answer 14

True

Question 15

the judge has broad authority and can limit testimony to responses to specific questions or allow testimony in the form of a free narrative if effective for

Answer 15

the ascertainment of truth.

Question 16

When a defendant’s prior acts are distinctive enough to operate as a virtual signature (modus operandi), evidence of these acts is admissible. However, due to the extreme risk of creating unfair prejudice, this rule is very narrowly applied. The evidence must be

Answer 16

highly specific and personalized.

Question 17

T or F when the prosecution is offering its case in chief against a D, the prosecution can use prior specific bad acts of the D to show that the D acted in conformity with character. Explain

Answer 17

False, they cannot introduce prior bad acts to show D’s conformity with character on a certain occasion. however, they can use it if the D opens the door first with evidence of his character. Prosecutor can use specific prior bad acts to rebut D’s evidence of his character.

Question 18

T or F Although it is a non-freehold estate, a leasehold interest does NOT terminate upon the death of an assignee.

Answer 18

True

Question 19

T or F licenses are transferable

Answer 19

False they are not

Question 20

Under the common law rule, withdrawal is not a valid defense to a charge of conspiracy because the crime is committed as soon as the parties agreed to commit the crime. Withdrawal is, however, a defense to crimes committed

Answer 20

committed in furtherance of the conspiracy after the defendant has withdrawn from the conspiracy

Question 21

The Supreme Court of the United States has held under Batson that lawyers may not use peremptory strikes on the basis

Answer 21

of race, ethnicity, or sex

Question 22

Under the _______ ________ privilege, a spouse can prevent the other spouse from disclosing a confidential communication, because both spouses are needed for a waiver of the privilege.

Answer 22

spousal communication

Question 23

T or F A witness other than the accused may be impeached with a conviction of a past crime.

Answer 23

True

Question 24

Hypothetical: The woman witness is not the victim in this case, nor is she a party. Can a witness other than the accused be impeached with a conviction of a crime even if the crime does not involve dishonesty or false statements? If so, what is required for the evidence to be admissible?

Answer 24

Yes A witness other than the accused may be impeached with a conviction of a past crime even if the conviction does not necessarily involve dishonesty or false statements.

such a conviction will be admissible if
the crime was punishable by death or imprisonment in excess of one year, and
if the court determines that the probative value of admitting the evidence outweighs the risk of prejudice.

Question 25

T or F, The general rule is that verdicts must be unanimous and delivered by six or more jurors, but the parties can stipulate otherwise. However, the court cannot order the parties to accept a majority verdict on some issues, only ask; it must be agreed to by the parties.

Answer 25

True

Question 26

UCC Section 2-207 states that a definite and seasonable expression of acceptance or a written confirmation sent within a reasonable time operates as an acceptance, even though it states terms additional to or different from the terms of the offer, unless

Answer 26

the acceptance is expressly made CONDITIONAL on ASSENT to the additional or new terms.

Question 27

Article I, Section 10 of the U.S. Constitution provides: “No state shall pass any law impairing the obligation of contracts.” The Contract Clause applies to state legislation, but not state court decisions or the federal government.
A private contract may be modified by the legislature under its police power when?

Answer 27

necessary to serve an important and legitimate public interest, and the regulation is reasonable and narrowly tailored to promote that interest [

Question 28

The trainer, under the doctrine of part performance. The Statute of Frauds requires that a contract for the purchase or sale of real property must be in a writing containing all necessary provisions (including the price of the property and an adequate description) and signed by the party to be charged. The agreement between the athletic trainer and the patron was only oral, so it is unenforceable. Part performance can sometimes substitute for the writing requirement. give an example

Answer 28

if a buyer takes possession by occupying the property and paying part of the purchase price, most courts will enforce the contract despite lack of compliance with the statute

Question 29

If you see in the question that the Defendant “liable for assault it is probably a ______ case.

If you see the in the question that the Defendant is “charged” with assault it is probably a _______ case.

What is the main difference between the torts elements of assault and the criminal law elements of assault?

Answer 29

1. torts case
2. criminal case

In criminal law, an assault may be committed by (1) attempting to commit a battery OR (2) intentionally causing the victim to fear an immediate battery. The victims need NOT be placed in apprehension or fear of harmful contact or injury because criminal law uses an “either/or” test (i.e. fear or awareness is not necessary because you have satisfied the attempted battery prong).

Whereas in a torts assault case, In tort law, an assault is an intentional act that causes the plaintiff to experience a reasonable apprehension of an immediate harmful or offensive contact. Notice here that the only way the test for assault can be satisfied is by placing the plaintiff in reasonable apprehension of an immediate harmful or offensive contact.

Question 30

Generally, as long as Congress has the power to regulate the activity taxed, the tax can then be used as a regulating device rather than for revenue-raising purposes. Further, even when Congress does not have power to regulate the activity taxed, the tax will be upheld if

Answer 30

the “dominant intent” is to raise revenue and the tax does, in fact, raise revenue–even where it has a substantial regulatory effect.

Question 31

T or F an intervivos transfer severs joint tenancy

Answer 31

true

Question 32

The Uniform Commercial Code’s standard measure of damages is the difference between the market price and the contract price. If that is inadequate to put the seller in as good a position as he was prior to performance, the seller may recover the profit, including reasonable overhead, which the seller would have made from the buyer’s full performance. Such damages are known as?

Answer 32

lost volume profits.

Question 33

under the abstention doctrine, the U.S. Supreme Court should allow the state court to resolve issues of state law. A federal court may “abstain” or refuse to hear a particular case when there are undecided issues of state law presented. This doctrine applies when?

Answer 33

when there are ongoing proceedings pending at the state level.