Missed MBE Questions and Answers
Latest Version Already Passed
A man points a toy gun at another person who reasonably believes it is real. This is:
✔✔A. Assault
B. Battery
C. False imprisonment
D. No tort because no physical contact occurred
Evidence of a defendant’s past convictions is admissible to prove:
A. They committed the current crime
✔✔B. Their truthfulness if they testify
C. Propensity to commit crimes
D. Their bad character generally
A woman promises to give her friend \$100 out of generosity. Is this enforceable?
A. Yes, if in writing
✔✔B. No, because there is no consideration
C. Yes, if witnessed
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,D. No, because it’s not over \$500
A landowner puts up a fence slightly on his neighbor’s land. After 20 years, he claims the land.
This is:
✔✔A. Adverse possession
B. Easement by necessity
C. Constructive eviction
D. Prescriptive easement
Police enter a home without a warrant and without consent. The evidence they find is:
✔✔A. Inadmissible unless an exception applies
B. Always admissible in court
C. Admissible if the evidence is physical
D. Inadmissible only if someone is arrested
If a person intends to hit one person but accidentally hits another, the intent:
✔✔A. Transfers to the actual victim
B. Makes the act an accident
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,C. Negates intent completely
D. Applies only to the target
A seller and buyer enter a contract for the sale of land. The seller dies before closing. The
contract is:
✔✔A. Still enforceable against the seller’s estate
B. Automatically void
C. Unenforceable without new terms
D. Binding only if buyer agrees again
A criminal defendant does not testify. The prosecutor comments on the silence. This is:
✔✔A. A constitutional violation
B. Acceptable if the jury asks
C. Only improper if defense objects
D. Allowed in closing argument
A tenant leaves before lease ends and stops paying rent. The landlord must:
A. Wait until lease ends to sue
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, ✔✔B. Mitigate damages by attempting to re-rent
C. Immediately sue for total rent
D. Change the locks and keep deposit
A driver negligently hits a pedestrian. The pedestrian was jaywalking. In a comparative
negligence jurisdiction:
✔✔A. Damages will be reduced by the pedestrian’s fault
B. The driver is not liable
C. The pedestrian recovers full damages
D. The pedestrian recovers nothing
When is a contract unenforceable under the Statute of Frauds?
✔✔A. If it cannot be completed within one year and is not in writing
B. If it's oral and under \$500
C. If both parties agreed
D. If the contract involves services
Which of the following is hearsay and **not** admissible?
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Latest Version Already Passed
A man points a toy gun at another person who reasonably believes it is real. This is:
✔✔A. Assault
B. Battery
C. False imprisonment
D. No tort because no physical contact occurred
Evidence of a defendant’s past convictions is admissible to prove:
A. They committed the current crime
✔✔B. Their truthfulness if they testify
C. Propensity to commit crimes
D. Their bad character generally
A woman promises to give her friend \$100 out of generosity. Is this enforceable?
A. Yes, if in writing
✔✔B. No, because there is no consideration
C. Yes, if witnessed
1
,D. No, because it’s not over \$500
A landowner puts up a fence slightly on his neighbor’s land. After 20 years, he claims the land.
This is:
✔✔A. Adverse possession
B. Easement by necessity
C. Constructive eviction
D. Prescriptive easement
Police enter a home without a warrant and without consent. The evidence they find is:
✔✔A. Inadmissible unless an exception applies
B. Always admissible in court
C. Admissible if the evidence is physical
D. Inadmissible only if someone is arrested
If a person intends to hit one person but accidentally hits another, the intent:
✔✔A. Transfers to the actual victim
B. Makes the act an accident
2
,C. Negates intent completely
D. Applies only to the target
A seller and buyer enter a contract for the sale of land. The seller dies before closing. The
contract is:
✔✔A. Still enforceable against the seller’s estate
B. Automatically void
C. Unenforceable without new terms
D. Binding only if buyer agrees again
A criminal defendant does not testify. The prosecutor comments on the silence. This is:
✔✔A. A constitutional violation
B. Acceptable if the jury asks
C. Only improper if defense objects
D. Allowed in closing argument
A tenant leaves before lease ends and stops paying rent. The landlord must:
A. Wait until lease ends to sue
3
, ✔✔B. Mitigate damages by attempting to re-rent
C. Immediately sue for total rent
D. Change the locks and keep deposit
A driver negligently hits a pedestrian. The pedestrian was jaywalking. In a comparative
negligence jurisdiction:
✔✔A. Damages will be reduced by the pedestrian’s fault
B. The driver is not liable
C. The pedestrian recovers full damages
D. The pedestrian recovers nothing
When is a contract unenforceable under the Statute of Frauds?
✔✔A. If it cannot be completed within one year and is not in writing
B. If it's oral and under \$500
C. If both parties agreed
D. If the contract involves services
Which of the following is hearsay and **not** admissible?
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