MBE Question Set 24 Latest Version with
Certified Solutions
A state law directly conflicts with a valid federal law. Which law controls?
A. The state law
✔✔B. The federal law, under the Supremacy Clause
C. The law enacted most recently
D. Whichever law the court prefers
If a person enters into a contract while intoxicated but understands the nature of the deal, the
contract is:
✔✔A. Valid
B. Void
C. Automatically rescinded
D. Unenforceable
A police officer searches a home without a warrant and without exigent circumstances. The
evidence is:
✔✔A. Inadmissible under the exclusionary rule
1
,B. Admissible because the officer is in uniform
C. Admissible if the suspect is guilty
D. Admissible under the good faith exception
In a negligence case, the plaintiff must prove:
A. Strict liability
✔✔B. Duty, breach, causation, and damages
C. Intent to harm
D. Punitive damages
The parol evidence rule prevents:
✔✔A. Introduction of prior or contemporaneous oral terms that contradict a written contract
B. Enforcement of oral agreements
C. Testimony in breach of contract cases
D. Any modifications to written contracts
An offer to contract can be accepted by:
✔✔A. A clear expression of assent
2
,B. Silence
C. A counteroffer
D. A request for more information
If a tenant stays after the lease ends without the landlord’s consent, the tenant is a:
✔✔A. Holdover tenant
B. Tenant at will
C. Licensee
D. Trespasser
A person who intentionally causes harmful or offensive contact commits:
A. Negligence
✔✔B. Battery
C. Assault
D. False imprisonment
In a criminal case, the burden of proof is:
A. Clear and convincing evidence
3
, B. Preponderance of the evidence
✔✔C. Beyond a reasonable doubt
D. Substantial certainty
Which of the following crimes requires malice as a mental state?
✔✔A. Arson
B. Battery
C. Larceny
D. Burglary
A party wants to introduce character evidence in a civil trial to show the defendant acted in
accordance with it. This is:
✔✔A. Generally inadmissible
B. Admissible without limitation
C. Admissible in all contract cases
D. Allowed if the plaintiff agrees
The Equal Protection Clause applies to:
4
Certified Solutions
A state law directly conflicts with a valid federal law. Which law controls?
A. The state law
✔✔B. The federal law, under the Supremacy Clause
C. The law enacted most recently
D. Whichever law the court prefers
If a person enters into a contract while intoxicated but understands the nature of the deal, the
contract is:
✔✔A. Valid
B. Void
C. Automatically rescinded
D. Unenforceable
A police officer searches a home without a warrant and without exigent circumstances. The
evidence is:
✔✔A. Inadmissible under the exclusionary rule
1
,B. Admissible because the officer is in uniform
C. Admissible if the suspect is guilty
D. Admissible under the good faith exception
In a negligence case, the plaintiff must prove:
A. Strict liability
✔✔B. Duty, breach, causation, and damages
C. Intent to harm
D. Punitive damages
The parol evidence rule prevents:
✔✔A. Introduction of prior or contemporaneous oral terms that contradict a written contract
B. Enforcement of oral agreements
C. Testimony in breach of contract cases
D. Any modifications to written contracts
An offer to contract can be accepted by:
✔✔A. A clear expression of assent
2
,B. Silence
C. A counteroffer
D. A request for more information
If a tenant stays after the lease ends without the landlord’s consent, the tenant is a:
✔✔A. Holdover tenant
B. Tenant at will
C. Licensee
D. Trespasser
A person who intentionally causes harmful or offensive contact commits:
A. Negligence
✔✔B. Battery
C. Assault
D. False imprisonment
In a criminal case, the burden of proof is:
A. Clear and convincing evidence
3
, B. Preponderance of the evidence
✔✔C. Beyond a reasonable doubt
D. Substantial certainty
Which of the following crimes requires malice as a mental state?
✔✔A. Arson
B. Battery
C. Larceny
D. Burglary
A party wants to introduce character evidence in a civil trial to show the defendant acted in
accordance with it. This is:
✔✔A. Generally inadmissible
B. Admissible without limitation
C. Admissible in all contract cases
D. Allowed if the plaintiff agrees
The Equal Protection Clause applies to:
4
