MBE Post Midterm Questions and
Answers Latest Version Already Passed
A store owner promises to give a customer a free TV if the customer visits again next week. Is
this enforceable?
A. Yes, because it was a promise
B. Yes, if in writing
✔✔C. No, because there is no consideration
D. No, because it involves a gift
A man swings a bat toward another during a heated argument but stops short before hitting.
What tort is most likely present?
A. Battery
✔✔B. Assault
C. False imprisonment
D. Conversion
A homeowner sues a neighbor for noise from late-night parties. What type of tort is this?
A. Trespass
1
,✔✔B. Nuisance
C. Assault
D. Conversion
A defendant commits a theft and is caught fleeing. At trial, can the prosecutor introduce evidence
of a past conviction for theft?
✔✔A. Yes, to show intent or absence of mistake under certain conditions
B. No, because it’s irrelevant
C. Yes, always
D. No, if the case is a bench trial
Police search a car without a warrant after smelling marijuana. Is the search valid?
A. No, because cars always require a warrant
✔✔B. Yes, under the automobile exception
C. No, unless consent was given
D. Yes, only if the driver is arrested
A person is arrested and held for 72 hours without seeing a judge. This raises a concern under:
2
,✔✔A. Due process
B. Equal protection
C. Privileges and immunities
D. Supremacy clause
An off-duty officer enters a home without a warrant or emergency. What rule applies?
A. The officer has immunity
B. The search is legal under open fields
✔✔C. The search violates the Fourth Amendment
D. The exclusionary rule does not apply
A new state law bans a specific religion’s gatherings. What constitutional issue is most relevant?
A. Equal protection
✔✔B. Free exercise clause
C. Due process
D. Establishment clause
A man breaks into a cabin to seek shelter from a storm. What crime has he likely committed?
3
, ✔✔A. Burglary
B. Robbery
C. Arson
D. Larceny
A seller includes a term in a contract that limits liability for intentional fraud. Is it enforceable?
A. Yes, if both parties agree
B. Yes, if in writing
✔✔C. No, because intentional tort liability cannot be waived
D. No, unless the court allows it
A man takes another’s watch, mistakenly believing it to be his. What defense may apply?
A. Entrapment
✔✔B. Mistake of fact
C. Self-defense
D. Insanity
A landlord evicts a tenant in breach of lease without using the court. This is:
4
Answers Latest Version Already Passed
A store owner promises to give a customer a free TV if the customer visits again next week. Is
this enforceable?
A. Yes, because it was a promise
B. Yes, if in writing
✔✔C. No, because there is no consideration
D. No, because it involves a gift
A man swings a bat toward another during a heated argument but stops short before hitting.
What tort is most likely present?
A. Battery
✔✔B. Assault
C. False imprisonment
D. Conversion
A homeowner sues a neighbor for noise from late-night parties. What type of tort is this?
A. Trespass
1
,✔✔B. Nuisance
C. Assault
D. Conversion
A defendant commits a theft and is caught fleeing. At trial, can the prosecutor introduce evidence
of a past conviction for theft?
✔✔A. Yes, to show intent or absence of mistake under certain conditions
B. No, because it’s irrelevant
C. Yes, always
D. No, if the case is a bench trial
Police search a car without a warrant after smelling marijuana. Is the search valid?
A. No, because cars always require a warrant
✔✔B. Yes, under the automobile exception
C. No, unless consent was given
D. Yes, only if the driver is arrested
A person is arrested and held for 72 hours without seeing a judge. This raises a concern under:
2
,✔✔A. Due process
B. Equal protection
C. Privileges and immunities
D. Supremacy clause
An off-duty officer enters a home without a warrant or emergency. What rule applies?
A. The officer has immunity
B. The search is legal under open fields
✔✔C. The search violates the Fourth Amendment
D. The exclusionary rule does not apply
A new state law bans a specific religion’s gatherings. What constitutional issue is most relevant?
A. Equal protection
✔✔B. Free exercise clause
C. Due process
D. Establishment clause
A man breaks into a cabin to seek shelter from a storm. What crime has he likely committed?
3
, ✔✔A. Burglary
B. Robbery
C. Arson
D. Larceny
A seller includes a term in a contract that limits liability for intentional fraud. Is it enforceable?
A. Yes, if both parties agree
B. Yes, if in writing
✔✔C. No, because intentional tort liability cannot be waived
D. No, unless the court allows it
A man takes another’s watch, mistakenly believing it to be his. What defense may apply?
A. Entrapment
✔✔B. Mistake of fact
C. Self-defense
D. Insanity
A landlord evicts a tenant in breach of lease without using the court. This is:
4
