Barbri MBE Exam | Questions with Correct Answers 100% Verified|
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What is the strongest constitutional ground for the President's refusal to do so? The
President has the exclusive power to select diplomatic representatives of the United States.
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?
The student's comments were motivated by a desire to provoke the seaman
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? 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.
A plaintiff sued a defendant in a contract dispute. The plaintiff calls a witness to testify as to his
personal knowledge of the agreement. The plaintiff now wants a second witness to testify as to
her knowledge of the first witness's honesty. The defendant objects and the court sustains the
objection.
, Why is the testimony of the second witness inadmissible? The first witness's credibility has
not been questioned.
A state legislature enacted a statute providing for loaning certain textbooks on secular subjects
to students in all public and private schools. In accordance with the statute, the state board of
education distributed textbooks to a private school that offered religious instruction and
admitted only Caucasian students.
Which of the following is the strongest argument against the constitutionality of free
distribution of textbooks to the students at the private school? Segregation is furthered by
the distribution of textbooks to these students.
A developer owned a 240-acre parcel of land zoned for commercial and residential use. He
prepared and recorded, after obtaining approval from all appropriate agencies, a subdivision
plan that included a commercial center and a number of lots for single- and multi-family
residences. The list of covenants, conditions, and restrictions recorded with the plan included
provisions that required every building constructed in the subdivision to be of "simulated adobe
style" architecture approved in advance by an association. A year later, the developer sold
many of the lots in the commercial center, including several to a real estate firm. Each deed
prepared by the developer contained a reference to the design restriction in the recorded plan.
The developer also sold almost all of the residential lots, the deeds of which contained the
same reference to the restriction. The following year, the real estate firm sold one of its Yes,
because the restrictive covenant runs with the land.
Assignment completion: 78.57%
Guaranteed Success
What is the strongest constitutional ground for the President's refusal to do so? The
President has the exclusive power to select diplomatic representatives of the United States.
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?
The student's comments were motivated by a desire to provoke the seaman
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? 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.
A plaintiff sued a defendant in a contract dispute. The plaintiff calls a witness to testify as to his
personal knowledge of the agreement. The plaintiff now wants a second witness to testify as to
her knowledge of the first witness's honesty. The defendant objects and the court sustains the
objection.
, Why is the testimony of the second witness inadmissible? The first witness's credibility has
not been questioned.
A state legislature enacted a statute providing for loaning certain textbooks on secular subjects
to students in all public and private schools. In accordance with the statute, the state board of
education distributed textbooks to a private school that offered religious instruction and
admitted only Caucasian students.
Which of the following is the strongest argument against the constitutionality of free
distribution of textbooks to the students at the private school? Segregation is furthered by
the distribution of textbooks to these students.
A developer owned a 240-acre parcel of land zoned for commercial and residential use. He
prepared and recorded, after obtaining approval from all appropriate agencies, a subdivision
plan that included a commercial center and a number of lots for single- and multi-family
residences. The list of covenants, conditions, and restrictions recorded with the plan included
provisions that required every building constructed in the subdivision to be of "simulated adobe
style" architecture approved in advance by an association. A year later, the developer sold
many of the lots in the commercial center, including several to a real estate firm. Each deed
prepared by the developer contained a reference to the design restriction in the recorded plan.
The developer also sold almost all of the residential lots, the deeds of which contained the
same reference to the restriction. The following year, the real estate firm sold one of its Yes,
because the restrictive covenant runs with the land.
Assignment completion: 78.57%
