MBE Flashcards Exam with 100%
Correct Solutions
intentional infliction of emotional distress ( business conduct) - ANSWER-to maintain a
claim for intentional infliction of emotional distress, a plaintiff must show that the
defendant acts amounted to extreme and outrageous conduct, causing the plaintiff
severe emotional distress, and that the defendant either intended to cause or was
reckless in causing the emotional distress. Extreme methods of business conduct,
including extreme methods of debt collection has been characterized as actionable
outrageous conduct.
the separation of powers ( article 1 section 8) - ANSWER-article 1 section 8 of the
Constitution gives Congress the power to spend to provide for the common Defense
and general welfare. This spending may be for any public purpose. Through the
spending power, Congress may regulate state action by imposing reasonable conditions
on the grant of money to state or local governments. By accepting the grant from the
federal government the entity finds itself to adhere to the conditions placed on the grant
by Congress.
Negligence (Generally) - ANSWER-In every act, a person owes a duty of reasonable
care to avoid the harm which could foreseeably result from his negligence.
Negligence (NIED) - ANSWER-the duty to avoid negligent infliction of emotional distress
is breached when defendant creates a foreseeable risk of physical injury to plaintiff
either by causing a threat of physical impact that leads to emotional distress or directly
causing severe emotional distress that by itself is likely to result in physical symptoms.
relevancy and reasons for excluding relevant evidence #1 - ANSWER-if evidence is
relevant to the issue of whether the defendant would have had an incentive to commit a
crime it can be admitted under the rules of evidence.
Robbery (intent) - ANSWER-a conviction for robbery requires the specific intent to
deprive the victim of his property.
ownership - ANSWER-when land is acquired by a life tenant subject to an outstanding
indebtedness, the life tenant is obligated to pay only the interest on encumbrances to
her land, and the remainder men are obligated to pay the principal. If a mortgage
forecloses upon a property it will destroy all junior estates.
,constitutional protection of accused persons - ANSWER-evidence generally will not be
suppressed where police reasonably held a good-faith belief that their actions leading to
its discovery were authorized by a valid warrant.
privileges and other policy exclusions - ANSWER-if the witness and defendant are
married at the time of trial, the witness cannot be placed in contempt for refusing to
testify against the defendant. The rationale for the rule is to preserve marital harmony,
which would otherwise be damaged by one spouse testifying against the other.
individual rights - ANSWER-restrictions based on the alien status of a citizen are unique
in that the federal government has broad power to create such restrictions, but alienage
discrimination imposed by the states is subject to strict scrutiny under the equal
protection clause.
relevancy and reasons for excluding relevant evidence - ANSWER-a trial judge has
discretion to exclude evidence if it's probative value is outweighed by the danger of
unfair prejudice, confusion of the issues, or misleading the jury.
ownership ( tenancy in common ) - ANSWER-a tenant in common may bring an action
to partition the property. Partitioned in kind, in which there is a physical division of the
common property, is preferred; however a partition by sale is allowed one a fair and
equitable physical division of the property is impossible.
individual rights and race - ANSWER-race is an inherently suspect classification under
the equal protection clause, and therefore a government action based on race will be
subjected to strict scrutiny and struck down unless the state can demonstrate that the
action is necessary to achieve a compelling government interest. Government action
that merely has a discriminatory effect, however, will not trigger this level of analysis.
There must be some degree of intent on the part of the government to discriminate. If
discriminatory intent cannot be shown, the rational basis standard of scrutiny will apply,
and the action will be upheld if the government can show that its actions are rationally
related to any government interest. The courts will be particularly cautious in finding
race-based discriminatory intent in the government's drawing of voting districts, and
thereby subjecting to the government's actions to strict scrutiny and likely having those
actions overturned. Therefore a plaintiff must show that race was the predominant factor
motivating the Legislature's decision to place a significant number of voters within or
without the district.
a time place and manner regulation subject to intermediate scrutiny - ANSWER-The
government must show that the law serves an important objective, not involving the
suppression of speech, that the law is narrowly tailored, and there remain ample
alternative means of communication.
the relation of nation and states and federal system - ANSWER-most governmental
power is concurrent, belonging to both the states and the federal government. When
both the states and the federal government passed legislation on the same subject, the
, supremacy clause of the Constitution provides that the federal law is supreme, and
conflicting state law is rendered void. A conflict can result if there is an actual, explicit
conflict between the state and federal laws, if the state action interferes with the
achievement of federal objective, or if the state legislated upon the matter after
Congress took action demonstrating an intent to preclude any state or local legislation.
constitutional protection of accused persons - ANSWER-Use and derivative use
immunity sufficiently protects the constitutional privilege against self-incrimination in the
situation of compelling production of a person's diary in a criminal case.
title- notice recording act that protects bona fide purchasers that purchase land without
notice of a prior interest - ANSWER-in the majority of jurisdictions, a judgment creditor
is not considered a bona fide purchaser and is not protected by the recording act.
Strict liability products liability - ANSWER-strict products liability only applies to sellers if
they are commercial suppliers of the type of goods that the defective product belongs
to.
First Amendment - ANSWER-a law that restricts speech may be facially invalid under
the First Amendment if it is substantially vague or overbroad. A vague law is one in
which people of reasonable intelligence would not know what is prohibited, and an
overbroad law is one that encompasses substantially more speech than necessary.
fourth amendment ( in regard to hotel dwellings) - ANSWER-the fourth amendment
protects a person's expectation of privacy in their dwelling, including their temporary
hotel room dwelling. Absent exigent circumstances, which were not present in this fact
pattern, the fourth amendment would require the officers who have obtained a war it
before entering the hotel room.
intentional torts - ANSWER-there is evidence supporting compensatory damages
( emotional distress, the removal of the faucets) and punitive damages ( malicious
intent, ill will). Because the lease is still in effect and the trespasses are repeated an
ongoing, injunctive relief should also be available.
Race notice statute - ANSWER-no unrecorded conveyance or mortgage of real property
shall be good again subsequent purchasers for value without notice, who shall first
record. Under this type of statute a subsequent bona fide purchaser is protected if she
records before a prior grantee.
privileges and other policy exclusions - ANSWER-the attorney-client privilege protects
communications between an attorney and a client made during a professional
consultation. The privilege does not exist, however, if the professional consultation was
made to aid in the planning or actual commission of something that the client knew, or
should have known, was a crime of fraud. A room with him this
Correct Solutions
intentional infliction of emotional distress ( business conduct) - ANSWER-to maintain a
claim for intentional infliction of emotional distress, a plaintiff must show that the
defendant acts amounted to extreme and outrageous conduct, causing the plaintiff
severe emotional distress, and that the defendant either intended to cause or was
reckless in causing the emotional distress. Extreme methods of business conduct,
including extreme methods of debt collection has been characterized as actionable
outrageous conduct.
the separation of powers ( article 1 section 8) - ANSWER-article 1 section 8 of the
Constitution gives Congress the power to spend to provide for the common Defense
and general welfare. This spending may be for any public purpose. Through the
spending power, Congress may regulate state action by imposing reasonable conditions
on the grant of money to state or local governments. By accepting the grant from the
federal government the entity finds itself to adhere to the conditions placed on the grant
by Congress.
Negligence (Generally) - ANSWER-In every act, a person owes a duty of reasonable
care to avoid the harm which could foreseeably result from his negligence.
Negligence (NIED) - ANSWER-the duty to avoid negligent infliction of emotional distress
is breached when defendant creates a foreseeable risk of physical injury to plaintiff
either by causing a threat of physical impact that leads to emotional distress or directly
causing severe emotional distress that by itself is likely to result in physical symptoms.
relevancy and reasons for excluding relevant evidence #1 - ANSWER-if evidence is
relevant to the issue of whether the defendant would have had an incentive to commit a
crime it can be admitted under the rules of evidence.
Robbery (intent) - ANSWER-a conviction for robbery requires the specific intent to
deprive the victim of his property.
ownership - ANSWER-when land is acquired by a life tenant subject to an outstanding
indebtedness, the life tenant is obligated to pay only the interest on encumbrances to
her land, and the remainder men are obligated to pay the principal. If a mortgage
forecloses upon a property it will destroy all junior estates.
,constitutional protection of accused persons - ANSWER-evidence generally will not be
suppressed where police reasonably held a good-faith belief that their actions leading to
its discovery were authorized by a valid warrant.
privileges and other policy exclusions - ANSWER-if the witness and defendant are
married at the time of trial, the witness cannot be placed in contempt for refusing to
testify against the defendant. The rationale for the rule is to preserve marital harmony,
which would otherwise be damaged by one spouse testifying against the other.
individual rights - ANSWER-restrictions based on the alien status of a citizen are unique
in that the federal government has broad power to create such restrictions, but alienage
discrimination imposed by the states is subject to strict scrutiny under the equal
protection clause.
relevancy and reasons for excluding relevant evidence - ANSWER-a trial judge has
discretion to exclude evidence if it's probative value is outweighed by the danger of
unfair prejudice, confusion of the issues, or misleading the jury.
ownership ( tenancy in common ) - ANSWER-a tenant in common may bring an action
to partition the property. Partitioned in kind, in which there is a physical division of the
common property, is preferred; however a partition by sale is allowed one a fair and
equitable physical division of the property is impossible.
individual rights and race - ANSWER-race is an inherently suspect classification under
the equal protection clause, and therefore a government action based on race will be
subjected to strict scrutiny and struck down unless the state can demonstrate that the
action is necessary to achieve a compelling government interest. Government action
that merely has a discriminatory effect, however, will not trigger this level of analysis.
There must be some degree of intent on the part of the government to discriminate. If
discriminatory intent cannot be shown, the rational basis standard of scrutiny will apply,
and the action will be upheld if the government can show that its actions are rationally
related to any government interest. The courts will be particularly cautious in finding
race-based discriminatory intent in the government's drawing of voting districts, and
thereby subjecting to the government's actions to strict scrutiny and likely having those
actions overturned. Therefore a plaintiff must show that race was the predominant factor
motivating the Legislature's decision to place a significant number of voters within or
without the district.
a time place and manner regulation subject to intermediate scrutiny - ANSWER-The
government must show that the law serves an important objective, not involving the
suppression of speech, that the law is narrowly tailored, and there remain ample
alternative means of communication.
the relation of nation and states and federal system - ANSWER-most governmental
power is concurrent, belonging to both the states and the federal government. When
both the states and the federal government passed legislation on the same subject, the
, supremacy clause of the Constitution provides that the federal law is supreme, and
conflicting state law is rendered void. A conflict can result if there is an actual, explicit
conflict between the state and federal laws, if the state action interferes with the
achievement of federal objective, or if the state legislated upon the matter after
Congress took action demonstrating an intent to preclude any state or local legislation.
constitutional protection of accused persons - ANSWER-Use and derivative use
immunity sufficiently protects the constitutional privilege against self-incrimination in the
situation of compelling production of a person's diary in a criminal case.
title- notice recording act that protects bona fide purchasers that purchase land without
notice of a prior interest - ANSWER-in the majority of jurisdictions, a judgment creditor
is not considered a bona fide purchaser and is not protected by the recording act.
Strict liability products liability - ANSWER-strict products liability only applies to sellers if
they are commercial suppliers of the type of goods that the defective product belongs
to.
First Amendment - ANSWER-a law that restricts speech may be facially invalid under
the First Amendment if it is substantially vague or overbroad. A vague law is one in
which people of reasonable intelligence would not know what is prohibited, and an
overbroad law is one that encompasses substantially more speech than necessary.
fourth amendment ( in regard to hotel dwellings) - ANSWER-the fourth amendment
protects a person's expectation of privacy in their dwelling, including their temporary
hotel room dwelling. Absent exigent circumstances, which were not present in this fact
pattern, the fourth amendment would require the officers who have obtained a war it
before entering the hotel room.
intentional torts - ANSWER-there is evidence supporting compensatory damages
( emotional distress, the removal of the faucets) and punitive damages ( malicious
intent, ill will). Because the lease is still in effect and the trespasses are repeated an
ongoing, injunctive relief should also be available.
Race notice statute - ANSWER-no unrecorded conveyance or mortgage of real property
shall be good again subsequent purchasers for value without notice, who shall first
record. Under this type of statute a subsequent bona fide purchaser is protected if she
records before a prior grantee.
privileges and other policy exclusions - ANSWER-the attorney-client privilege protects
communications between an attorney and a client made during a professional
consultation. The privilege does not exist, however, if the professional consultation was
made to aid in the planning or actual commission of something that the client knew, or
should have known, was a crime of fraud. A room with him this
