MBE Questions and Answers Latest
Version Already Passed
A federal law conflicts with a state law. Which law governs under the Supremacy Clause?
A. The state law
✔✔B. The federal law
C. The law passed most recently
D. The law that benefits more people
A man offers to sell his car for \$5,000. His friend says, “I’ll buy it for \$4,500.” What is this?
A. Acceptance
✔✔B. Counteroffer
C. Revocation
D. Option
Which of the following requires both act and intent?
A. Negligence
B. Strict liability
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,✔✔C. Battery
D. False imprisonment
A criminal defendant refuses to testify at trial. The prosecutor comments on it during closing.
What result?
✔✔A. Violation of the Fifth Amendment
B. Admissible because it's closing argument
C. Permitted if the defendant was warned
D. Only unconstitutional in federal trials
A buyer signs a written contract to purchase land. Later, the buyer tries to introduce a verbal
agreement that contradicts the writing. Is this allowed?
A. Yes, if it benefits the buyer
✔✔B. No, due to the parol evidence rule
C. Yes, if both parties agree
D. No, unless the buyer sues
The burden of proof in a civil case is:
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,A. Beyond a reasonable doubt
B. Clear and convincing evidence
✔✔C. Preponderance of the evidence
D. Reasonable suspicion
A tenant signs a lease and begins paying rent. The landlord fails to fix a broken heater. What
defense might the tenant use to stop paying rent?
✔✔A. Constructive eviction
B. Unconscionability
C. Statute of frauds
D. Specific performance
A man negligently injures another in a car accident. The injured person had a rare condition that
made the injury worse. Is the man liable for the full extent?
✔✔A. Yes, under the "eggshell skull" rule
B. No, only for normal injuries
C. No, if he didn’t know of the condition
D. Only for half the damage
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, In a criminal trial, the defense attorney wants to introduce evidence that someone else confessed
to the crime. The best objection by the prosecution is:
✔✔A. Hearsay
B. Relevance
C. Leading question
D. Foundation
Which of the following is required for standing in federal court?
✔✔A. A concrete and particularized injury
B. A general interest in the law
C. Voter registration
D. A connection to the defendant
A plaintiff sues a manufacturer for a defective product but cannot prove which company made it.
What theory might apply?
A. Res ipsa loquitur
B. Comparative fault
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Version Already Passed
A federal law conflicts with a state law. Which law governs under the Supremacy Clause?
A. The state law
✔✔B. The federal law
C. The law passed most recently
D. The law that benefits more people
A man offers to sell his car for \$5,000. His friend says, “I’ll buy it for \$4,500.” What is this?
A. Acceptance
✔✔B. Counteroffer
C. Revocation
D. Option
Which of the following requires both act and intent?
A. Negligence
B. Strict liability
1
,✔✔C. Battery
D. False imprisonment
A criminal defendant refuses to testify at trial. The prosecutor comments on it during closing.
What result?
✔✔A. Violation of the Fifth Amendment
B. Admissible because it's closing argument
C. Permitted if the defendant was warned
D. Only unconstitutional in federal trials
A buyer signs a written contract to purchase land. Later, the buyer tries to introduce a verbal
agreement that contradicts the writing. Is this allowed?
A. Yes, if it benefits the buyer
✔✔B. No, due to the parol evidence rule
C. Yes, if both parties agree
D. No, unless the buyer sues
The burden of proof in a civil case is:
2
,A. Beyond a reasonable doubt
B. Clear and convincing evidence
✔✔C. Preponderance of the evidence
D. Reasonable suspicion
A tenant signs a lease and begins paying rent. The landlord fails to fix a broken heater. What
defense might the tenant use to stop paying rent?
✔✔A. Constructive eviction
B. Unconscionability
C. Statute of frauds
D. Specific performance
A man negligently injures another in a car accident. The injured person had a rare condition that
made the injury worse. Is the man liable for the full extent?
✔✔A. Yes, under the "eggshell skull" rule
B. No, only for normal injuries
C. No, if he didn’t know of the condition
D. Only for half the damage
3
, In a criminal trial, the defense attorney wants to introduce evidence that someone else confessed
to the crime. The best objection by the prosecution is:
✔✔A. Hearsay
B. Relevance
C. Leading question
D. Foundation
Which of the following is required for standing in federal court?
✔✔A. A concrete and particularized injury
B. A general interest in the law
C. Voter registration
D. A connection to the defendant
A plaintiff sues a manufacturer for a defective product but cannot prove which company made it.
What theory might apply?
A. Res ipsa loquitur
B. Comparative fault
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