BARBRI MBE STUDY GUIDE EXAM 2026
QUESTIONS WITH SOLUTIONS GRADED A+
◉ 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? Answer: 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, 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? Answer: 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? Answer: 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 passenger was killed on impact. The
passenger's estate brought suit against the driver and the airbag's
QUESTIONS WITH SOLUTIONS GRADED A+
◉ 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? Answer: 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, 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? Answer: 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? Answer: 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 passenger was killed on impact. The
passenger's estate brought suit against the driver and the airbag's
