BARBRI MBE EXAM PREP 2026 FULL
QUESTIONS AND ANSWERS GRADED A+
◉ 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
◉ Will devising trust "payable to children by 30 if graduate or to
university". Valid under RAP? Answer: Yes, valid charitable trust bc the
QUESTIONS AND ANSWERS GRADED A+
◉ 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
◉ Will devising trust "payable to children by 30 if graduate or to
university". Valid under RAP? Answer: Yes, valid charitable trust bc the
