MBE Critical Pass Exam Questions with Correct Answers 100% Verified|
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what is a stop and frisk? for what purpose and with what justification may police conduct a stop
and frisk? police may detain a person for an investigative purpose if they have reasonable
suspicion of criminal activity
what are the main specific intent crimes? larceny, solicitation, conspiracy, forgery, assault,
larceny at trick, embezzlement, robbery, burglary, first-degree murder, false pretenses
when must a search warrant be executed once it is issued? without unreasonable delay
after it is issued
what are the exceptions to the 4th amendment search warrant requirement? -search
incident to arrest
-plain view search
-automobile search
-valid consent to search
-exigent circumstances
-stop & frisk
what is the 5 anebdnebt right to counsel? once accused requests counsel unambiguously,
police must cease all questions on any topic
if police illegally search evidence but show that they would have discovered it anyways absent
illegal conduct, can it be admitted? illegally obtained evidence is admissible if government
can "break the chain" between the illegal government conduct and the seized evidence;
common ways to break the chain:
(1) independent source
,(2) inevitable discovery
(3) attenuation
what warrant requirements exist for searches conducted at the border? at borders, officials
may conduct routine searches of persons and their effects (including vehicles) without a
warrant, probable cause, or reasonable suspicion
what insanity test does the MPC use? combination of the M'Naghten and Irresistible
Impulse
-as a result of defendant's mental disease, defendant lacked the capacity to either appreciate
the criminality of his conduct or conform his conduct to the requirements of the law
what constitutes a crime committed knowingly for criminal law purposes? is it a subject or
objective standard? knowingly (subjective standard)
-a person acts knowingly when he is aware that his conduct is of a particular nature or knows
that his conduct will necessarily or very likely cause a particular result
what is a search incident to lawful arrest? what is required for it to be a valid search? police
may search a lawfully arrested person and his immediate surrounding area without a warrant
requirements:
(1) arrest must be lawful
(2) search must be contemporaneous with the arrest
(3) search must be limited to area within suspect's reach or movement (i.e., where he could
obtain weapons or destroy evidence)
a remainder will be contingent if it is either (1) subject to a condition precedent, or
, (2) created in favor of an unascertained or unborn person
what is a fee simple subject to an executive interest? a fee simple that automatically
transfers to a third party upon the happening of a given event or condition
"to A, but if A is ever arrested, then to B"
the third party holds the shifting executory interest
when must a modification to a contract be in writing? under the UCC, a modification must
be in writing if it falls within the SOF
protected speech receives what level of scrutiny? where protected speech is at issue, the
level of scrutiny depends on whether the speech restriction is content-based
content-based restriction - strict scrutiny
content-neutral restriction - intermediate scrutiny
if defendant uses the legal system as an ulterior purpose to threaten or act against plaintiff,
plaintiff may bring a claim under what tort? abuse of process - defendant uses the legal
system as an ulterior purpose to threaten or act against plaintiff
what type of prior conduct may be admissible as evidence of habit? conduct must be highly
specific and frequently repeated (i.e., a person's regular response to a specific set of
circumstances)
look for regular, instinctive, habitual conduct
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what is a stop and frisk? for what purpose and with what justification may police conduct a stop
and frisk? police may detain a person for an investigative purpose if they have reasonable
suspicion of criminal activity
what are the main specific intent crimes? larceny, solicitation, conspiracy, forgery, assault,
larceny at trick, embezzlement, robbery, burglary, first-degree murder, false pretenses
when must a search warrant be executed once it is issued? without unreasonable delay
after it is issued
what are the exceptions to the 4th amendment search warrant requirement? -search
incident to arrest
-plain view search
-automobile search
-valid consent to search
-exigent circumstances
-stop & frisk
what is the 5 anebdnebt right to counsel? once accused requests counsel unambiguously,
police must cease all questions on any topic
if police illegally search evidence but show that they would have discovered it anyways absent
illegal conduct, can it be admitted? illegally obtained evidence is admissible if government
can "break the chain" between the illegal government conduct and the seized evidence;
common ways to break the chain:
(1) independent source
,(2) inevitable discovery
(3) attenuation
what warrant requirements exist for searches conducted at the border? at borders, officials
may conduct routine searches of persons and their effects (including vehicles) without a
warrant, probable cause, or reasonable suspicion
what insanity test does the MPC use? combination of the M'Naghten and Irresistible
Impulse
-as a result of defendant's mental disease, defendant lacked the capacity to either appreciate
the criminality of his conduct or conform his conduct to the requirements of the law
what constitutes a crime committed knowingly for criminal law purposes? is it a subject or
objective standard? knowingly (subjective standard)
-a person acts knowingly when he is aware that his conduct is of a particular nature or knows
that his conduct will necessarily or very likely cause a particular result
what is a search incident to lawful arrest? what is required for it to be a valid search? police
may search a lawfully arrested person and his immediate surrounding area without a warrant
requirements:
(1) arrest must be lawful
(2) search must be contemporaneous with the arrest
(3) search must be limited to area within suspect's reach or movement (i.e., where he could
obtain weapons or destroy evidence)
a remainder will be contingent if it is either (1) subject to a condition precedent, or
, (2) created in favor of an unascertained or unborn person
what is a fee simple subject to an executive interest? a fee simple that automatically
transfers to a third party upon the happening of a given event or condition
"to A, but if A is ever arrested, then to B"
the third party holds the shifting executory interest
when must a modification to a contract be in writing? under the UCC, a modification must
be in writing if it falls within the SOF
protected speech receives what level of scrutiny? where protected speech is at issue, the
level of scrutiny depends on whether the speech restriction is content-based
content-based restriction - strict scrutiny
content-neutral restriction - intermediate scrutiny
if defendant uses the legal system as an ulterior purpose to threaten or act against plaintiff,
plaintiff may bring a claim under what tort? abuse of process - defendant uses the legal
system as an ulterior purpose to threaten or act against plaintiff
what type of prior conduct may be admissible as evidence of habit? conduct must be highly
specific and frequently repeated (i.e., a person's regular response to a specific set of
circumstances)
look for regular, instinctive, habitual conduct
