BarBri MBE Questions and Answers
Latest Version Already Passed
A trespass occurs when someone intentionally enters land they do not have permission to enter.
✔✔True
An offer must be communicated to the offeree in order to be accepted.
✔✔True
A past action can serve as valid consideration for a new contract.
✔✔False
A person who acts under duress has a valid defense to the formation of a contract.
✔✔True
The police must always obtain a warrant before making an arrest.
✔✔False
1
,Battery requires physical contact that is harmful or offensive.
✔✔True
Negligence requires a showing of intent.
False ✔✔
The rule against perpetuities applies to future interests in property.
✔✔True
Double jeopardy prevents retrial after a mistrial declared with the defendant's consent.
False ✔✔
A search incident to arrest allows police to search the area within the arrestee’s immediate
control.
✔✔True
A third-party beneficiary may enforce a contract if they are an intended beneficiary.
✔✔True
2
, An easement by necessity arises when property is landlocked.
✔✔True
The parole evidence rule allows oral terms to vary the meaning of a written contract.
False ✔✔
Res ipsa loquitur allows an inference of negligence when the injury would not occur absent
negligence.
✔✔True
Specific performance is a remedy available when monetary damages are inadequate.
✔✔True
The exclusionary rule prevents illegally obtained evidence from being used at trial.
✔✔True
Consideration must be something of legal value bargained for in exchange.
3
Latest Version Already Passed
A trespass occurs when someone intentionally enters land they do not have permission to enter.
✔✔True
An offer must be communicated to the offeree in order to be accepted.
✔✔True
A past action can serve as valid consideration for a new contract.
✔✔False
A person who acts under duress has a valid defense to the formation of a contract.
✔✔True
The police must always obtain a warrant before making an arrest.
✔✔False
1
,Battery requires physical contact that is harmful or offensive.
✔✔True
Negligence requires a showing of intent.
False ✔✔
The rule against perpetuities applies to future interests in property.
✔✔True
Double jeopardy prevents retrial after a mistrial declared with the defendant's consent.
False ✔✔
A search incident to arrest allows police to search the area within the arrestee’s immediate
control.
✔✔True
A third-party beneficiary may enforce a contract if they are an intended beneficiary.
✔✔True
2
, An easement by necessity arises when property is landlocked.
✔✔True
The parole evidence rule allows oral terms to vary the meaning of a written contract.
False ✔✔
Res ipsa loquitur allows an inference of negligence when the injury would not occur absent
negligence.
✔✔True
Specific performance is a remedy available when monetary damages are inadequate.
✔✔True
The exclusionary rule prevents illegally obtained evidence from being used at trial.
✔✔True
Consideration must be something of legal value bargained for in exchange.
3
