BarBri MBE Preview Diagnostic
Questions and Answers Latest Version
Already Passed
A defendant accidentally bumps into someone on a crowded subway. Is this battery?
A. Yes, because physical contact occurred
B. Yes, because intent is presumed
✔✔C. No, because there was no intent to cause harm
D. No, because it occurred in public
A man threatens to hit a coworker but never does. What tort may apply?
A. Battery
✔✔B. Assault
C. False imprisonment
D. Negligence
A state law discriminates based on race. What level of scrutiny applies?
A. Intermediate scrutiny
✔✔B. Strict scrutiny
1
,C. Rational basis
D. Minimal scrutiny
Which of the following is **not** an element of negligence?
A. Duty
B. Breach
✔✔C. Intent
D. Damages
A police officer arrests a suspect without a warrant or probable cause. What constitutional
protection applies?
✔✔A. Fourth Amendment
B. Fifth Amendment
C. Sixth Amendment
D. Eighth Amendment
A defendant was coerced into confessing by threats. The confession is:
✔✔A. Inadmissible due to due process violation
2
,B. Admissible if signed
C. Admissible if witnessed
D. Inadmissible only if not recorded
In a contract, one party performs late. What kind of breach is this likely to be?
✔✔A. Minor breach
B. Anticipatory breach
C. Material breach
D. Voidable breach
A store posts a sign: “All coats \$50.” A customer tries to buy one, but the store refuses. Is there
a contract?
✔✔A. No, because it was an invitation to negotiate
B. Yes, because the price was stated
C. Yes, because of the sign
D. No, because it wasn't signed
Which of the following can be offered as character evidence in a criminal case?
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, ✔✔A. Reputation testimony after the defendant opens the door
B. Specific past acts to prove bad character
C. Evidence of prior bad habits
D. Any past crimes
Which statement is admissible under the hearsay exceptions?
✔✔A. Statement made for medical diagnosis
B. Statement made in anger
C. Statement about a dream
D. Gossip repeated in court
A private citizen enters another’s backyard to retrieve a ball. This is:
✔✔A. Trespass
B. Nuisance
C. Necessity
D. Negligence
An eyewitness saw a robbery but cannot recall it at trial. Her prior written statement:
4
Questions and Answers Latest Version
Already Passed
A defendant accidentally bumps into someone on a crowded subway. Is this battery?
A. Yes, because physical contact occurred
B. Yes, because intent is presumed
✔✔C. No, because there was no intent to cause harm
D. No, because it occurred in public
A man threatens to hit a coworker but never does. What tort may apply?
A. Battery
✔✔B. Assault
C. False imprisonment
D. Negligence
A state law discriminates based on race. What level of scrutiny applies?
A. Intermediate scrutiny
✔✔B. Strict scrutiny
1
,C. Rational basis
D. Minimal scrutiny
Which of the following is **not** an element of negligence?
A. Duty
B. Breach
✔✔C. Intent
D. Damages
A police officer arrests a suspect without a warrant or probable cause. What constitutional
protection applies?
✔✔A. Fourth Amendment
B. Fifth Amendment
C. Sixth Amendment
D. Eighth Amendment
A defendant was coerced into confessing by threats. The confession is:
✔✔A. Inadmissible due to due process violation
2
,B. Admissible if signed
C. Admissible if witnessed
D. Inadmissible only if not recorded
In a contract, one party performs late. What kind of breach is this likely to be?
✔✔A. Minor breach
B. Anticipatory breach
C. Material breach
D. Voidable breach
A store posts a sign: “All coats \$50.” A customer tries to buy one, but the store refuses. Is there
a contract?
✔✔A. No, because it was an invitation to negotiate
B. Yes, because the price was stated
C. Yes, because of the sign
D. No, because it wasn't signed
Which of the following can be offered as character evidence in a criminal case?
3
, ✔✔A. Reputation testimony after the defendant opens the door
B. Specific past acts to prove bad character
C. Evidence of prior bad habits
D. Any past crimes
Which statement is admissible under the hearsay exceptions?
✔✔A. Statement made for medical diagnosis
B. Statement made in anger
C. Statement about a dream
D. Gossip repeated in court
A private citizen enters another’s backyard to retrieve a ball. This is:
✔✔A. Trespass
B. Nuisance
C. Necessity
D. Negligence
An eyewitness saw a robbery but cannot recall it at trial. Her prior written statement:
4
