MBE Barbri Exam with 100% Correct
Solutions
Using/loaning out a chattel without permission and its damaged causing almost have its
value - ANSWER-Conversion
Remedy is FMV
Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous
suits in a year, it rained on a certain date, date of Independence Day - ANSWER-
Birthdate
Gambler owes money and says he'll pay 9/10 of what he owes. You agree. - ANSWER-
No consideration for modification. You can sue for the remainder.
Corporations cannot be found guilty of - ANSWER-Manslaughter/killing under SL
What if a holdover tenant objects to the notice you gave that rent would increase? -
ANSWER-Doesn't matter. He can write on a check that this is the "new rent payment"
all he wants. He still owes what you noticed him that he owes.
Firefighter rule - ANSWER-When firefighter/police are hurt trying to rescue you, they
cannot sue you even if you put yourself in the position of peril
Congress can repeal its own enactments but - ANSWER-It cannot do so when repeal
violates a Q provision (such as impairment of a contract already entered into)
Police in hot pursuit and reasonably believe the guy running committed a felony -
ANSWER-You step in cops shoes. You can trip the fleeing suspect and are not liable for
tort.
Ordinance saying no solicitation of charitable contributions without a permit - ANSWER-
SC has struck it down as burden on free speech
Seller agrees to sell car for 20k. Comes back and says his wife with part ownership
doesn't allow for less than 30. BoC? - ANSWER-Yes REGARDLESS of whether or not
the buyer knew the wife had part ownership. The seller should have expressly
conditioned the sale upon his wife's approval.
Defamation and matter of public concern (CEO of major employer in town bad at his
job), D must prove - ANSWER-Actual injury, such as loss of reputation, distress
, Cop can/cannot make a warrantless arrest for misdemeanor? - ANSWER-Cannot
unless the misdemeanor was committed in his presence.
So, if can't arrest, there's no search incident to a lawful arrest
If statute calls for a specific remedy for violation or a procedure for addressing it -
ANSWER-It cannot deprive you of that remedy without DP. PROPERTY INTEREST
HERE
D gives alibi of being in a different county. W testifies that D told her her he hasn't been
out of the country in years. What exception? - ANSWER-None, it's an admission by a
party opponent. Could also be a prior inconsistent statement but admission is better bc
why go thru the back door when you can go thru the front.
Philanthropist dedicates park to city and its defectively designed - ANSWER-Ps liability
for negligence is not affected by his dedication of the park to the city
K for services is/is not within the SoF - ANSWER-Is not
What if a K has a no oral modifications clause? - ANSWER-Can be waived this orally
modified so long as consideration (not suing on a breach) is present
Creditor beneficiary
Donee beneficiary - ANSWER-Promisees primary intent is to discharge obligation to 3rd
party (creditor)
Promise was gratuitous
New Party assigned the leasehold interest... - ANSWER-Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease
that he bought into
When the instruction to the jury contains some presumed fact - ANSWER-The judge
has to tell the jury that they MAY but are not required to do so. Jury must know that they
must prove all elements beyond reasonable doubt.
Reverse and remand if not
Building a ditch from neighbors spring to your crop with permission is - ANSWER-An
irrevocable license if you spent a lot of money in reliance
Not an easement appurtenant
Solutions
Using/loaning out a chattel without permission and its damaged causing almost have its
value - ANSWER-Conversion
Remedy is FMV
Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous
suits in a year, it rained on a certain date, date of Independence Day - ANSWER-
Birthdate
Gambler owes money and says he'll pay 9/10 of what he owes. You agree. - ANSWER-
No consideration for modification. You can sue for the remainder.
Corporations cannot be found guilty of - ANSWER-Manslaughter/killing under SL
What if a holdover tenant objects to the notice you gave that rent would increase? -
ANSWER-Doesn't matter. He can write on a check that this is the "new rent payment"
all he wants. He still owes what you noticed him that he owes.
Firefighter rule - ANSWER-When firefighter/police are hurt trying to rescue you, they
cannot sue you even if you put yourself in the position of peril
Congress can repeal its own enactments but - ANSWER-It cannot do so when repeal
violates a Q provision (such as impairment of a contract already entered into)
Police in hot pursuit and reasonably believe the guy running committed a felony -
ANSWER-You step in cops shoes. You can trip the fleeing suspect and are not liable for
tort.
Ordinance saying no solicitation of charitable contributions without a permit - ANSWER-
SC has struck it down as burden on free speech
Seller agrees to sell car for 20k. Comes back and says his wife with part ownership
doesn't allow for less than 30. BoC? - ANSWER-Yes REGARDLESS of whether or not
the buyer knew the wife had part ownership. The seller should have expressly
conditioned the sale upon his wife's approval.
Defamation and matter of public concern (CEO of major employer in town bad at his
job), D must prove - ANSWER-Actual injury, such as loss of reputation, distress
, Cop can/cannot make a warrantless arrest for misdemeanor? - ANSWER-Cannot
unless the misdemeanor was committed in his presence.
So, if can't arrest, there's no search incident to a lawful arrest
If statute calls for a specific remedy for violation or a procedure for addressing it -
ANSWER-It cannot deprive you of that remedy without DP. PROPERTY INTEREST
HERE
D gives alibi of being in a different county. W testifies that D told her her he hasn't been
out of the country in years. What exception? - ANSWER-None, it's an admission by a
party opponent. Could also be a prior inconsistent statement but admission is better bc
why go thru the back door when you can go thru the front.
Philanthropist dedicates park to city and its defectively designed - ANSWER-Ps liability
for negligence is not affected by his dedication of the park to the city
K for services is/is not within the SoF - ANSWER-Is not
What if a K has a no oral modifications clause? - ANSWER-Can be waived this orally
modified so long as consideration (not suing on a breach) is present
Creditor beneficiary
Donee beneficiary - ANSWER-Promisees primary intent is to discharge obligation to 3rd
party (creditor)
Promise was gratuitous
New Party assigned the leasehold interest... - ANSWER-Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease
that he bought into
When the instruction to the jury contains some presumed fact - ANSWER-The judge
has to tell the jury that they MAY but are not required to do so. Jury must know that they
must prove all elements beyond reasonable doubt.
Reverse and remand if not
Building a ditch from neighbors spring to your crop with permission is - ANSWER-An
irrevocable license if you spent a lot of money in reliance
Not an easement appurtenant
