BARBRI MBE EXAM QUESTIONS AND ANSWERS
A statute in the jurisdiction, which was enacted with the express purpose of preventing
public employees from taking advantage of the status of illegal aliens, made it a felony
to accept money or other benefits in exchange for issuing a state identification card.
During an undercover investigation, an illegal alien was recorded offering $500 to a
clerk in exchange for issuance of a card. The clerk agreed to the deal and later that day
exchanged the card for the money, after which both parties were arrested.
In a jurisdiction following the common law approach to conspiracy, which of the
following statements is correct? - Answers-The clerk can be convicted only of violating
the statute, and the illegal alien can be convicted of no crime.
The defendant was fired from his sales job while calling on customers in another city.
He failed to return the company car that he was using for his sales visits; instead, he
sold the car to a "chop shop" for cash.
As to the car, what crime has the defendant committed? - Answers-Embezzlement.
A father and his son were arguing on the front lawn of the son's house. The father, who
was a bigger and slower man, attempted to end the argument by pushing his son as
hard as he could. The son, fearful that his father would continue to escalate the fight as
he has done in the past, tackled the father and pinned him to the ground, although the
son could have easily escaped into his house.
If the son is tried for battery, should he be found guilty? - Answers-No, because the son
was justified in tackling and pinning his father.
A beneficiary has filed a petition in the probate court to contest the validity of a testator's
will. The beneficiary contends that when the testator executed the will eight years
before, he had a severe mental illness and was incapable of forming a valid
testamentary intent. In support of this contention, the beneficiary seeks to offer an
affidavit prepared by the testator's former attorney, which states that she was asked to
prepare a will for the testator just four months before this will was made. The attorney
had refused to do so because it was her opinion that the testator seemed incoherent
and paranoid.
How should the judge rule on the admissibility of this affidavit? - Answers-Inadmissible,
because it is hearsay not within any exception.
A dog owner lived next door to a day care center. Because he had a large yard and
there were no applicable zoning restrictions, he installed a kennel and began training
attack dogs to sell to businesses. As soon as he opened the business and posted signs
in front advertising the exceptional ferocity of the dogs, some parents who had children
enrolled in the day care center became alarmed at the prospect of the dogs right next to
A statute in the jurisdiction, which was enacted with the express purpose of preventing
public employees from taking advantage of the status of illegal aliens, made it a felony
to accept money or other benefits in exchange for issuing a state identification card.
During an undercover investigation, an illegal alien was recorded offering $500 to a
clerk in exchange for issuance of a card. The clerk agreed to the deal and later that day
exchanged the card for the money, after which both parties were arrested.
In a jurisdiction following the common law approach to conspiracy, which of the
following statements is correct? - Answers-The clerk can be convicted only of violating
the statute, and the illegal alien can be convicted of no crime.
The defendant was fired from his sales job while calling on customers in another city.
He failed to return the company car that he was using for his sales visits; instead, he
sold the car to a "chop shop" for cash.
As to the car, what crime has the defendant committed? - Answers-Embezzlement.
A father and his son were arguing on the front lawn of the son's house. The father, who
was a bigger and slower man, attempted to end the argument by pushing his son as
hard as he could. The son, fearful that his father would continue to escalate the fight as
he has done in the past, tackled the father and pinned him to the ground, although the
son could have easily escaped into his house.
If the son is tried for battery, should he be found guilty? - Answers-No, because the son
was justified in tackling and pinning his father.
A beneficiary has filed a petition in the probate court to contest the validity of a testator's
will. The beneficiary contends that when the testator executed the will eight years
before, he had a severe mental illness and was incapable of forming a valid
testamentary intent. In support of this contention, the beneficiary seeks to offer an
affidavit prepared by the testator's former attorney, which states that she was asked to
prepare a will for the testator just four months before this will was made. The attorney
had refused to do so because it was her opinion that the testator seemed incoherent
and paranoid.
How should the judge rule on the admissibility of this affidavit? - Answers-Inadmissible,
because it is hearsay not within any exception.
A dog owner lived next door to a day care center. Because he had a large yard and
there were no applicable zoning restrictions, he installed a kennel and began training
attack dogs to sell to businesses. As soon as he opened the business and posted signs
in front advertising the exceptional ferocity of the dogs, some parents who had children
enrolled in the day care center became alarmed at the prospect of the dogs right next to
