MBE Practice Exam #2 & Review Answers
2024-2025 Guide
1. What are the cate- Fighting words/threats
gories of unprotected Inciting crime
speech? Defamation
Obscenity
Mnemonic: FIDO
2. State the M'Naughten Under the M'Naghten test for insanity, a defendant is not guilty if a mental
Test for insanity illness prevented him/her from (1) understanding the nature and quality
of the criminal act or (2) knowing that his/her conduct was wrong.
3. Is evidence of a convic- No. A conviction that was the subject of a pardon, annulment, or certificate
tion admissible to im- of rehabilitation based on (1) a finding of innocence OR (2) a finding
peach a witness if that of rehabilitation with no subsequent felony convictions is inadmissible to
crime was pardoned? impeach a witness.
4. What are the require- 1. Diversity SMJ
ments for removal to 2. No is a citizen of state where case was originally filed
Federal Court in a diver- 3. All 's consent to remove
sity action? 4. Notice of removal filed w/in 30 days of initial complaint/summons
5. What is the Pinkerton Under the Pinkerton Rule, a conspirator can be convicted of all substantive
Rule? crimes committed by a coconspirator who was acting in furtherance of the
conspiracy.
6. The Sixth Amendment right to counsel (1) automatically attaches once
judicial proceedings have commenced and (2) guarantees that criminal
1/8
, MBE Practice Exam #2 & Review Answers
2024-2025 Guide
When does the Sixth defendants will have the assistance of counsel during all critical stages
Amendment right to of prosecution. This right is not applicable at a pre-charge corporeal
counsel attach? investigative lineup.
7. How soon after en- 30 days
try of a final judgment
or immediately appeal-
able order must an ap-
peal be filed?
8. When can Congress Congress can delegate incidental legislative powers to federal agencies
delegate incidental leg- if it provides an intelligible principle—i.e., a clear statement defining (1)
islative powers to fed- the policy Congress seeks to advance, (2) the agency to carry out that
eral agencies? policy, and (3) the scope of that agency's authority.
9. What justifies commit- Necessity
ting a criminal act? (de- Self-defense
fenses to committing a Defense of others
crime?) Defense of property
Defense of arrest
Law enforcement
Resisting arrest
Crime prevention
10. Under the Common Unlawful killing committed with malice aforethought
law, what is murder?
Malice aforethought:
- Intent to kill (conscious desire for, or substantial certainty of, death)
- Intent to cause serious bodily harm (conscious desire for, or substantial
certainty of, serious bodily harm)
- Depraved-heart murder (reckless disregard for high risk of death or
serious bodily harm)
- Felony murder (killing during inherently dangerous felony)
2/8
2024-2025 Guide
1. What are the cate- Fighting words/threats
gories of unprotected Inciting crime
speech? Defamation
Obscenity
Mnemonic: FIDO
2. State the M'Naughten Under the M'Naghten test for insanity, a defendant is not guilty if a mental
Test for insanity illness prevented him/her from (1) understanding the nature and quality
of the criminal act or (2) knowing that his/her conduct was wrong.
3. Is evidence of a convic- No. A conviction that was the subject of a pardon, annulment, or certificate
tion admissible to im- of rehabilitation based on (1) a finding of innocence OR (2) a finding
peach a witness if that of rehabilitation with no subsequent felony convictions is inadmissible to
crime was pardoned? impeach a witness.
4. What are the require- 1. Diversity SMJ
ments for removal to 2. No is a citizen of state where case was originally filed
Federal Court in a diver- 3. All 's consent to remove
sity action? 4. Notice of removal filed w/in 30 days of initial complaint/summons
5. What is the Pinkerton Under the Pinkerton Rule, a conspirator can be convicted of all substantive
Rule? crimes committed by a coconspirator who was acting in furtherance of the
conspiracy.
6. The Sixth Amendment right to counsel (1) automatically attaches once
judicial proceedings have commenced and (2) guarantees that criminal
1/8
, MBE Practice Exam #2 & Review Answers
2024-2025 Guide
When does the Sixth defendants will have the assistance of counsel during all critical stages
Amendment right to of prosecution. This right is not applicable at a pre-charge corporeal
counsel attach? investigative lineup.
7. How soon after en- 30 days
try of a final judgment
or immediately appeal-
able order must an ap-
peal be filed?
8. When can Congress Congress can delegate incidental legislative powers to federal agencies
delegate incidental leg- if it provides an intelligible principle—i.e., a clear statement defining (1)
islative powers to fed- the policy Congress seeks to advance, (2) the agency to carry out that
eral agencies? policy, and (3) the scope of that agency's authority.
9. What justifies commit- Necessity
ting a criminal act? (de- Self-defense
fenses to committing a Defense of others
crime?) Defense of property
Defense of arrest
Law enforcement
Resisting arrest
Crime prevention
10. Under the Common Unlawful killing committed with malice aforethought
law, what is murder?
Malice aforethought:
- Intent to kill (conscious desire for, or substantial certainty of, death)
- Intent to cause serious bodily harm (conscious desire for, or substantial
certainty of, serious bodily harm)
- Depraved-heart murder (reckless disregard for high risk of death or
serious bodily harm)
- Felony murder (killing during inherently dangerous felony)
2/8
