MBE AM Questions and Answers Latest
Version Graded A+
What is the highest law of the United States that overrides conflicting state law?
✔✔The U.S. Constitution
When does an offer become irrevocable under common law?
✔✔When the offeree has begun performance in a unilateral contract
What must the prosecution prove to convict someone of larceny?
✔✔Unlawful taking and carrying away of property with intent to permanently deprive
What type of speech receives no First Amendment protection?
✔✔True threats and incitement to imminent unlawful action
When does a search require a warrant under the Fourth Amendment?
✔✔When there is a reasonable expectation of privacy and no exception applies
1
,In a contract, what is consideration?
✔✔A bargained-for exchange of something of legal value
When does double jeopardy attach in a jury trial?
✔✔When the jury is empaneled and sworn
What is the rule for hearsay?
✔✔An out-of-court statement offered to prove the truth of the matter asserted is inadmissible
unless an exception applies
What is required for adverse possession under common law?
✔✔Continuous, open, notorious, exclusive, and hostile possession for the statutory period
What is the main distinction between a joint tenancy and a tenancy in common?
✔✔A joint tenancy includes the right of survivorship
What defense is available if a person lacked the mental capacity to understand their actions were
wrong?
2
,✔✔Insanity
What constitutional amendment guarantees the right to counsel?
✔✔The Sixth Amendment
When is specific performance available in contract law?
✔✔When money damages are inadequate and the subject is unique
What is needed for a valid criminal conspiracy?
✔✔An agreement and an overt act in furtherance of the conspiracy
What is the plain view doctrine?
✔✔Police may seize evidence without a warrant if it is in plain view during lawful presence
What makes a regulation content-based under the First Amendment?
✔✔If it restricts speech based on its subject matter or viewpoint
What is needed to create a valid will?
3
, ✔✔Capacity, intent, and compliance with formalities like signing and witnessing
What is the parol evidence rule?
✔✔Prevents introduction of prior or contemporaneous oral agreements that contradict a written
contract
When is a defendant entitled to a jury trial in a civil case under the Seventh Amendment?
✔✔When the claim is for legal (not equitable) remedies and exceeds twenty dollars
What is required for promissory estoppel?
✔✔A clear promise, reliance, and injustice if the promise is not enforced
What tort occurs when someone intentionally causes apprehension of immediate harmful
contact?
✔✔Assault
What is the felony murder rule?
✔✔A defendant is guilty of murder if a death occurs during the commission of a felony
4
Version Graded A+
What is the highest law of the United States that overrides conflicting state law?
✔✔The U.S. Constitution
When does an offer become irrevocable under common law?
✔✔When the offeree has begun performance in a unilateral contract
What must the prosecution prove to convict someone of larceny?
✔✔Unlawful taking and carrying away of property with intent to permanently deprive
What type of speech receives no First Amendment protection?
✔✔True threats and incitement to imminent unlawful action
When does a search require a warrant under the Fourth Amendment?
✔✔When there is a reasonable expectation of privacy and no exception applies
1
,In a contract, what is consideration?
✔✔A bargained-for exchange of something of legal value
When does double jeopardy attach in a jury trial?
✔✔When the jury is empaneled and sworn
What is the rule for hearsay?
✔✔An out-of-court statement offered to prove the truth of the matter asserted is inadmissible
unless an exception applies
What is required for adverse possession under common law?
✔✔Continuous, open, notorious, exclusive, and hostile possession for the statutory period
What is the main distinction between a joint tenancy and a tenancy in common?
✔✔A joint tenancy includes the right of survivorship
What defense is available if a person lacked the mental capacity to understand their actions were
wrong?
2
,✔✔Insanity
What constitutional amendment guarantees the right to counsel?
✔✔The Sixth Amendment
When is specific performance available in contract law?
✔✔When money damages are inadequate and the subject is unique
What is needed for a valid criminal conspiracy?
✔✔An agreement and an overt act in furtherance of the conspiracy
What is the plain view doctrine?
✔✔Police may seize evidence without a warrant if it is in plain view during lawful presence
What makes a regulation content-based under the First Amendment?
✔✔If it restricts speech based on its subject matter or viewpoint
What is needed to create a valid will?
3
, ✔✔Capacity, intent, and compliance with formalities like signing and witnessing
What is the parol evidence rule?
✔✔Prevents introduction of prior or contemporaneous oral agreements that contradict a written
contract
When is a defendant entitled to a jury trial in a civil case under the Seventh Amendment?
✔✔When the claim is for legal (not equitable) remedies and exceeds twenty dollars
What is required for promissory estoppel?
✔✔A clear promise, reliance, and injustice if the promise is not enforced
What tort occurs when someone intentionally causes apprehension of immediate harmful
contact?
✔✔Assault
What is the felony murder rule?
✔✔A defendant is guilty of murder if a death occurs during the commission of a felony
4
