MBE Critical Pass Questions and Answers
Correct 109
Incorrect
1 of 109
Term
what is the main difference between extortion and robbery?
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extortion vs. robbery - robbery involves taking without consent; extortion requires
consent under duress
extortion vs. robbery - extortion does not require a taking from the victim's
person or presence; extortion involves threats of future, rather than immediate
harm
extortion vs. robbery - extortion requires physical harm to the victim; robbery
involves theft without harm
, extortion vs. robbery - robbery involves threats of future harm; extortion requires
immediate action
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2 of 109
Term
when does defendant have a right to a jury trial? what part of the
constitution provides this right?
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the fifth amendment provides a the eighth amendment provides a
defendant a right to a jury trial for defendant a right to a jury trial for
minor offenses serious offenses only if requested
the sixth amendment provides a the fourth amendment provides a
defendant a right to a jury trial defendant a right to a jury trial for all
for serious offenses offenses
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, 3 of 109
Term
what are the exceptions to the 4th amendment search warrant
requirement?
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an intoxicant is taken involuntarily if taken:
-without knowledge of its nature,
-under direct duress imposed by another person, or
-pursuant to medical advice without notice of its intoxicating effect
at borders, officials may conduct routine searches of persons and their effects
(including vehicles) without a warrant, probable cause, or reasonable suspicion
-search incident to arrest
-plain view search
-automobile search
-valid consent to search
-exigent circumstances
-stop & frisk
to be false - modifying the document into something it is not; changing its legal
significance, not just changing it to be inaccurate
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4 of 109
, Term
if a buyer in a UCC contract stops paying seller or becomes insolvent,
what remedy is available to seller?
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reclamation - unpaid sellers may stop delivery or reclaim goods from an
insolvent buyer
unpaid seller can never reclaim goods from subsequent buyers
to be false - modifying the document into something it is not; changing its legal
significance, not just changing it to be inaccurate
seller can cure if:
(1) seller gives buyer notice of intent to cure and time for performance has not yet
expired - seller must give buyer reasonable notice and deliver conforming goods
(2) seller had reasonable grounds to believe nonconforming goods sent would be
acceptable - reasonableness is usually based on seller's prior dealings with buyer;
seller will have additional reasonable time period to tender conforming goods
defendant cannot remove if plaintiff filed suit in any defendant's home state
i.e., no removal if any defendant is a citizen of the forum state
Don't know?
Correct 109
Incorrect
1 of 109
Term
what is the main difference between extortion and robbery?
Give this one a try later!
extortion vs. robbery - robbery involves taking without consent; extortion requires
consent under duress
extortion vs. robbery - extortion does not require a taking from the victim's
person or presence; extortion involves threats of future, rather than immediate
harm
extortion vs. robbery - extortion requires physical harm to the victim; robbery
involves theft without harm
, extortion vs. robbery - robbery involves threats of future harm; extortion requires
immediate action
Don't know?
2 of 109
Term
when does defendant have a right to a jury trial? what part of the
constitution provides this right?
Give this one a try later!
the fifth amendment provides a the eighth amendment provides a
defendant a right to a jury trial for defendant a right to a jury trial for
minor offenses serious offenses only if requested
the sixth amendment provides a the fourth amendment provides a
defendant a right to a jury trial defendant a right to a jury trial for all
for serious offenses offenses
Don't know?
, 3 of 109
Term
what are the exceptions to the 4th amendment search warrant
requirement?
Give this one a try later!
an intoxicant is taken involuntarily if taken:
-without knowledge of its nature,
-under direct duress imposed by another person, or
-pursuant to medical advice without notice of its intoxicating effect
at borders, officials may conduct routine searches of persons and their effects
(including vehicles) without a warrant, probable cause, or reasonable suspicion
-search incident to arrest
-plain view search
-automobile search
-valid consent to search
-exigent circumstances
-stop & frisk
to be false - modifying the document into something it is not; changing its legal
significance, not just changing it to be inaccurate
Don't know?
4 of 109
, Term
if a buyer in a UCC contract stops paying seller or becomes insolvent,
what remedy is available to seller?
Give this one a try later!
reclamation - unpaid sellers may stop delivery or reclaim goods from an
insolvent buyer
unpaid seller can never reclaim goods from subsequent buyers
to be false - modifying the document into something it is not; changing its legal
significance, not just changing it to be inaccurate
seller can cure if:
(1) seller gives buyer notice of intent to cure and time for performance has not yet
expired - seller must give buyer reasonable notice and deliver conforming goods
(2) seller had reasonable grounds to believe nonconforming goods sent would be
acceptable - reasonableness is usually based on seller's prior dealings with buyer;
seller will have additional reasonable time period to tender conforming goods
defendant cannot remove if plaintiff filed suit in any defendant's home state
i.e., no removal if any defendant is a citizen of the forum state
Don't know?
