MBE Question Set 27 Latest Update with
Complete Solutions
A man offers to sell his bike for \$200. The buyer replies, "I'll pay \$180." The seller says
nothing. Is there a contract?
A. Yes, because silence equals acceptance
✔✔B. No, the buyer made a counteroffer that was not accepted
C. Yes, because \$180 is close to the original price
D. No, because the original offer was revoked
A state passes a law banning only political ads from out-of-state companies. What constitutional
principle is most likely violated?
✔✔A. Dormant Commerce Clause
B. Equal Protection
C. Procedural Due Process
D. Establishment Clause
A homeowner finds a trespasser fishing on his land and forcibly detains him for hours without
calling the police. This is likely:
1
,A. Permissible as defense of property
B. Civil battery
✔✔C. False imprisonment
D. Not actionable
A man steals a TV from a store and later sells it to an unsuspecting buyer. The buyer then resells
it to someone else. Who has legal title?
A. The man
B. The store
✔✔C. The store, because the thief had no title to convey
D. The final buyer
A woman slips on a wet floor in a grocery store. The store had no warning signs. What must she
prove in a negligence claim?
A. That she was a paying customer
✔✔B. That the store knew or should have known about the danger
C. That the floor was recently cleaned
D. That the manager was present
2
,A contract includes a clause that states, “This is the entire agreement between the parties.” What
doctrine does this invoke?
A. Statute of Frauds
✔✔B. Parol Evidence Rule
C. Mutual Mistake
D. Consideration
An officer arrests someone without probable cause. What constitutional amendment is most
directly implicated?
A. First
B. Fifth
✔✔C. Fourth
D. Fourteenth
A buyer agrees to buy a car, but the seller delivers a different model. The buyer sues. What is the
best legal theory?
✔✔A. Breach of contract
B. Fraud in the inducement
3
, C. Promissory estoppel
D. Negligence
A woman makes a defamatory statement about her neighbor during a televised interview. Which
of the following must the neighbor prove if he's a private figure?
✔✔A. The statement was false and made negligently
B. The statement caused public outrage
C. The speaker acted with actual malice
D. The speaker intended harm
During trial, a witness says, “The defendant told me he was going to steal the car.” What rule of
evidence might apply?
A. Best evidence rule
✔✔B. Hearsay
C. Relevance
D. Character evidence
A state law prohibits residents from wearing certain religious head coverings in public. What
constitutional right is most directly involved?
4
Complete Solutions
A man offers to sell his bike for \$200. The buyer replies, "I'll pay \$180." The seller says
nothing. Is there a contract?
A. Yes, because silence equals acceptance
✔✔B. No, the buyer made a counteroffer that was not accepted
C. Yes, because \$180 is close to the original price
D. No, because the original offer was revoked
A state passes a law banning only political ads from out-of-state companies. What constitutional
principle is most likely violated?
✔✔A. Dormant Commerce Clause
B. Equal Protection
C. Procedural Due Process
D. Establishment Clause
A homeowner finds a trespasser fishing on his land and forcibly detains him for hours without
calling the police. This is likely:
1
,A. Permissible as defense of property
B. Civil battery
✔✔C. False imprisonment
D. Not actionable
A man steals a TV from a store and later sells it to an unsuspecting buyer. The buyer then resells
it to someone else. Who has legal title?
A. The man
B. The store
✔✔C. The store, because the thief had no title to convey
D. The final buyer
A woman slips on a wet floor in a grocery store. The store had no warning signs. What must she
prove in a negligence claim?
A. That she was a paying customer
✔✔B. That the store knew or should have known about the danger
C. That the floor was recently cleaned
D. That the manager was present
2
,A contract includes a clause that states, “This is the entire agreement between the parties.” What
doctrine does this invoke?
A. Statute of Frauds
✔✔B. Parol Evidence Rule
C. Mutual Mistake
D. Consideration
An officer arrests someone without probable cause. What constitutional amendment is most
directly implicated?
A. First
B. Fifth
✔✔C. Fourth
D. Fourteenth
A buyer agrees to buy a car, but the seller delivers a different model. The buyer sues. What is the
best legal theory?
✔✔A. Breach of contract
B. Fraud in the inducement
3
, C. Promissory estoppel
D. Negligence
A woman makes a defamatory statement about her neighbor during a televised interview. Which
of the following must the neighbor prove if he's a private figure?
✔✔A. The statement was false and made negligently
B. The statement caused public outrage
C. The speaker acted with actual malice
D. The speaker intended harm
During trial, a witness says, “The defendant told me he was going to steal the car.” What rule of
evidence might apply?
A. Best evidence rule
✔✔B. Hearsay
C. Relevance
D. Character evidence
A state law prohibits residents from wearing certain religious head coverings in public. What
constitutional right is most directly involved?
4
