BARBRI MBE FREQUENTLY TESTED ACTUAL EXAM
QUESTIONS WITH CORRECT ANSWERS
Question 1.
A landlord brought suit against a tenant in federal court for overdue rent payments on a commercial
lease. The landlord sought to recover on the six rent installments that were past due and unpaid at the
time of the suit. The landlord won the case, and judgment was entered in her favor. The lease has an
acceleration clause that states that all future rent payments become due if the tenant falls behind
three months or more. The landlord now files suit against the tenant for the remaining rent payments.
The tenant moves to dismiss, asserting that the landlord's claim is barred by claim preclusion (res
judicata) principles.
Should the tenant's motion to dismiss be granted?
ANSWER
Yes, because the two suits arose out of the same transaction or occurrence.
Question 2.
A defendant is on trial for violating a statute forbidding possession of a concealed weapon within 100
yards of a government building. The prosecution presents evidence that the defendant was arrested
on a street corner with a handgun in his pocket. The building housing the local city hall occupies the
entire block on the north and east sides of the two streets where the defendant was apprehended.
Which of the following statements is most accurate regarding judicial notice of the location of the city
hall?
ANSWER
The judge may take judicial notice of this fact without resort to a map, and should instruct the
jury that it may, but need not, accept this fact as evidence of an element of the offense.
1/5
, Question 3.
The United States was involved in a dispute with a small island nation over the ownership of an
archipelago. On discovering that the archipelago was rich in oil, the President announced that he
would appoint an ambassador to negotiate a treaty with the island nation to jointly exploit the oil
reserve. A majority of Senators believed that the island clearly belonged to the United States and did
not want to negotiate with the island nation. They passed a resolution requiring the President to
include a Senator in his diplomatic mission to ensure that the Senate's view was presented in any
negotiation with the island nation.
What is the strongest constitutional ground for the President's refusal to do so?
ANSWER
The President has the exclusive power to select diplomatic representatives of the United
States.
Question 4.
At a waterfront bar, a college student sought to provoke a fight with a merchant seaman by making
insulting remarks. Eventually the seaman had had enough and threw a punch that connected to the
student's jaw and sent him sprawling to the floor. The seaman then told the student that he wanted no
further trouble. Getting up off the floor, the student pulled a knife out of his pocket and charged at the
seaman. Three other students were standing between the seaman and the exit door. The seaman tried
to dodge, but was cut on the forearm by the student's knife. The seaman immediately drew a gun and
shot the student, killing him. The seaman was charged with murder.
Which of the following points raised in the seaman's defense will not be helpful for his defense?
ANSWER
The student's comments were motivated by a desire to provoke the seaman
Question 5.
A driver and his passenger were involved in an automobile accident when the driver ran a red light and
crashed into another car. Due to a manufacturing defect in the automobile's airbag system, the
passenger side airbag did not deploy. The passenger was killed on impact. The passenger's estate
brought suit against the driver and the airbag's manufacturer. At trial it is established that the driver
was negligent in running the red light.
What effect would such proof have on the claim of the passenger's estate against the airbag
manufacturer?
ANSWER
It would bar recovery by the estate if the trier of fact finds that the driver was the sole legal
cause of the passenger's death.
2/5
QUESTIONS WITH CORRECT ANSWERS
Question 1.
A landlord brought suit against a tenant in federal court for overdue rent payments on a commercial
lease. The landlord sought to recover on the six rent installments that were past due and unpaid at the
time of the suit. The landlord won the case, and judgment was entered in her favor. The lease has an
acceleration clause that states that all future rent payments become due if the tenant falls behind
three months or more. The landlord now files suit against the tenant for the remaining rent payments.
The tenant moves to dismiss, asserting that the landlord's claim is barred by claim preclusion (res
judicata) principles.
Should the tenant's motion to dismiss be granted?
ANSWER
Yes, because the two suits arose out of the same transaction or occurrence.
Question 2.
A defendant is on trial for violating a statute forbidding possession of a concealed weapon within 100
yards of a government building. The prosecution presents evidence that the defendant was arrested
on a street corner with a handgun in his pocket. The building housing the local city hall occupies the
entire block on the north and east sides of the two streets where the defendant was apprehended.
Which of the following statements is most accurate regarding judicial notice of the location of the city
hall?
ANSWER
The judge may take judicial notice of this fact without resort to a map, and should instruct the
jury that it may, but need not, accept this fact as evidence of an element of the offense.
1/5
, Question 3.
The United States was involved in a dispute with a small island nation over the ownership of an
archipelago. On discovering that the archipelago was rich in oil, the President announced that he
would appoint an ambassador to negotiate a treaty with the island nation to jointly exploit the oil
reserve. A majority of Senators believed that the island clearly belonged to the United States and did
not want to negotiate with the island nation. They passed a resolution requiring the President to
include a Senator in his diplomatic mission to ensure that the Senate's view was presented in any
negotiation with the island nation.
What is the strongest constitutional ground for the President's refusal to do so?
ANSWER
The President has the exclusive power to select diplomatic representatives of the United
States.
Question 4.
At a waterfront bar, a college student sought to provoke a fight with a merchant seaman by making
insulting remarks. Eventually the seaman had had enough and threw a punch that connected to the
student's jaw and sent him sprawling to the floor. The seaman then told the student that he wanted no
further trouble. Getting up off the floor, the student pulled a knife out of his pocket and charged at the
seaman. Three other students were standing between the seaman and the exit door. The seaman tried
to dodge, but was cut on the forearm by the student's knife. The seaman immediately drew a gun and
shot the student, killing him. The seaman was charged with murder.
Which of the following points raised in the seaman's defense will not be helpful for his defense?
ANSWER
The student's comments were motivated by a desire to provoke the seaman
Question 5.
A driver and his passenger were involved in an automobile accident when the driver ran a red light and
crashed into another car. Due to a manufacturing defect in the automobile's airbag system, the
passenger side airbag did not deploy. The passenger was killed on impact. The passenger's estate
brought suit against the driver and the airbag's manufacturer. At trial it is established that the driver
was negligent in running the red light.
What effect would such proof have on the claim of the passenger's estate against the airbag
manufacturer?
ANSWER
It would bar recovery by the estate if the trier of fact finds that the driver was the sole legal
cause of the passenger's death.
2/5
