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Barbri MBE Questions Questions and Correct
Answers/ Latest Update / Already Graded
A landlord brought suit against a tenant in federal court for overdue rent
payments on a commercial lease. The landlord sought to recover on the six rent
installments that were past due and unpaid at the time of the suit. The landlord
won the case, and judgment was entered in her favor. The lease has an
acceleration clause that states that all future rent payments become due if the
tenant falls behind three months or more. The landlord now files suit against the
tenant for the remaining rent payments. The tenant moves to dismiss, asserting
that the landlord's claim is barred by claim preclusion (res judicata) principles.
Should the tenant's motion to dismiss be granted?
Ans: Yes, because the two suits arose out of the same transaction or
occurrence.
A defendant is on trial for violating a statute forbidding possession of a concealed
weapon within 100 yards of a government building. The prosecution presents
evidence that the defendant was arrested on a street corner with a handgun in his
pocket. The building housing the local city hall occupies the entire block on the
north and east sides of the two streets where the defendant was apprehended.
Which of the following statements is most accurate regarding judicial notice of
the location of the city hall?
Ans: The judge may take judicial notice of this fact without resort to a map, and
should instruct the jury that it may, but need not, accept this fact as evidence of
an element of the offense.
The United States was involved in a dispute with a small island nation over the
ownership of an archipelago. On discovering that the archipelago was rich in oil,
© 2025/ 2026 | ® All rights reserved
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the President announced that he would appoint an ambassador to negotiate a
treaty with the island nation to jointly exploit the oil reserve. A majority of
Senators believed that the island clearly belonged to the United States and did not
want to negotiate with the island nation. They passed a resolution requiring the
President to include a Senator in his diplomatic mission to ensure that the
Senate's view was presented in any negotiation with the island nation.
What is the strongest constitutional ground for the President's refusal to do so?
Ans: 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?
Ans: 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
© 2025/ 2026 | ® All rights reserved
Barbri MBE Questions Questions and Correct
Answers/ Latest Update / Already Graded
A landlord brought suit against a tenant in federal court for overdue rent
payments on a commercial lease. The landlord sought to recover on the six rent
installments that were past due and unpaid at the time of the suit. The landlord
won the case, and judgment was entered in her favor. The lease has an
acceleration clause that states that all future rent payments become due if the
tenant falls behind three months or more. The landlord now files suit against the
tenant for the remaining rent payments. The tenant moves to dismiss, asserting
that the landlord's claim is barred by claim preclusion (res judicata) principles.
Should the tenant's motion to dismiss be granted?
Ans: Yes, because the two suits arose out of the same transaction or
occurrence.
A defendant is on trial for violating a statute forbidding possession of a concealed
weapon within 100 yards of a government building. The prosecution presents
evidence that the defendant was arrested on a street corner with a handgun in his
pocket. The building housing the local city hall occupies the entire block on the
north and east sides of the two streets where the defendant was apprehended.
Which of the following statements is most accurate regarding judicial notice of
the location of the city hall?
Ans: The judge may take judicial notice of this fact without resort to a map, and
should instruct the jury that it may, but need not, accept this fact as evidence of
an element of the offense.
The United States was involved in a dispute with a small island nation over the
ownership of an archipelago. On discovering that the archipelago was rich in oil,
© 2025/ 2026 | ® All rights reserved
, 2 | Page
the President announced that he would appoint an ambassador to negotiate a
treaty with the island nation to jointly exploit the oil reserve. A majority of
Senators believed that the island clearly belonged to the United States and did not
want to negotiate with the island nation. They passed a resolution requiring the
President to include a Senator in his diplomatic mission to ensure that the
Senate's view was presented in any negotiation with the island nation.
What is the strongest constitutional ground for the President's refusal to do so?
Ans: 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?
Ans: 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
© 2025/ 2026 | ® All rights reserved
