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MBE Questions and Correct Answers/ Latest Update /
Already Graded
Massive terrorist attack, Congress declares war, requires aliens to leave US or be
deported, SCOTUS has OG jurisdiction over any action
Ans: (A) No, statute does not fall w/n the categories of cases specified in art. 3
as those over which the SCOTUS has OG jurisdiction.
SCOTUS has held that Congress cannot give the Court OG jurisdiction over any
other type of case not in Art. 3.
Office building mortgage, conveys office to woman, deed not recorded, women
stops payments, 3rd party purchase at foreclosure, sought to collect deficiency
from woman
Ans: (B) No, because woman is not personally liable on the loan.
Woman took title of office building subject to the mortgage but did not assume
mortgage debt
Alcohol sale to under 21 is misdemeanor, fake ID saying 24, both clerk and owner
charged with violating statute
Ans: (C) Both strict and vicarious liability imposed.
Bank fraud, making withdrawals from banks accounts using false ID and forging,
coD assisted in 5/75 transactions, prosecutor moves for admission of all 75
checks, using as handwriting sample basically
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Ans: (C) Yes, because the jurors are allowed to determine the genuineness of
handwriting specimens based on comparison with authenticated specimens.
901(b)(3) allows the jury to determine the genuineness of evidence by
comparison with other authenticated specimens.
US recognize ruling faction in foreign country, new president decided to
recognize group of rebels and notified ambassador in US must leave w/n 10 days,
action in fed court to declare true faction is gov't, US moves to dismiss
Ans: (A) Action involves a nonjusticiable political question.
Art. 2 power to receive foreign ambassadors is likely a textually demonstrable
commitment by the Constitution of exclusive authority to recognize a foreign
gov't
Assistant to famous writer, saw password, assistant read emails and printed them
out, leaks info, true and matter of public interest
Ans: (C) Yes, because the assistant invaded the writer's privacy.
Intrusion upon seclusion
D on trial for stolen TV, claims TV was a gift from friend who has disappeared, D
seeks to testify that he was present when friend told neighbor that TV was given
to friend by mother
Ans: (C) Yes, as non hearsay evidence of D's belief that the friend owned the
TV
Offering statements as evidence that the D thought that the friend owned the TV
Restaurant supplier sent letter to regular customer offering to sell customer an
industrial freezer, 2 days later customer said accept offer on the condition that
© 2025/ 2026 | ® All rights reserved
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freezer is merchantable, supplier said offer no longer open, sold to someone else
for $11k
Ans: (C) Yes, because the customer's letter was an acceptance fo the supplier's
offer since the warranty of merchantability was already implied in the sale.
UCC 2-314, a warranty of merchantability is implied in every contract for the sale
of a good by a seller who is a merchant with respect to goods of that kind
CC co. obtained properly filed judgment against man for $10k, statute says
judgment properly filed for 10 years from filing be a lien on the real property then
owned, 2 years later man purchased land for $200k, downpayment of 20k, deed
recorded then mortgage, 5 mo. later defaults and initiated foreclosure, bank files
first lien on land
Ans: (A) No, because the bank's mortgage secured a loan used to purchase
land.
Purchase-money mortgage takes precedence over CC company's lien
Woman, murder, plea of NG by reason of insanity, evidence show woman stalked
victim for several hours, experts testified that woman knew it was illegal and
wrong, but suffered serious mental illness that left her in the grip of a powerful
and irresistible compulsion to kill
Ans: (B) Only if the jurisdiction follows ALI Model Penal Code test for insanity.
P brought civil suit for fistfight injuries, P seeks to introduce from properly
authenticated police report a statement attributed to an eyewitness who is
unavailable to testify
Ans: (B) No, because it is not hearsay w/n any exception.
© 2025/ 2026 | ® All rights reserved
MBE Questions and Correct Answers/ Latest Update /
Already Graded
Massive terrorist attack, Congress declares war, requires aliens to leave US or be
deported, SCOTUS has OG jurisdiction over any action
Ans: (A) No, statute does not fall w/n the categories of cases specified in art. 3
as those over which the SCOTUS has OG jurisdiction.
SCOTUS has held that Congress cannot give the Court OG jurisdiction over any
other type of case not in Art. 3.
Office building mortgage, conveys office to woman, deed not recorded, women
stops payments, 3rd party purchase at foreclosure, sought to collect deficiency
from woman
Ans: (B) No, because woman is not personally liable on the loan.
Woman took title of office building subject to the mortgage but did not assume
mortgage debt
Alcohol sale to under 21 is misdemeanor, fake ID saying 24, both clerk and owner
charged with violating statute
Ans: (C) Both strict and vicarious liability imposed.
Bank fraud, making withdrawals from banks accounts using false ID and forging,
coD assisted in 5/75 transactions, prosecutor moves for admission of all 75
checks, using as handwriting sample basically
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Ans: (C) Yes, because the jurors are allowed to determine the genuineness of
handwriting specimens based on comparison with authenticated specimens.
901(b)(3) allows the jury to determine the genuineness of evidence by
comparison with other authenticated specimens.
US recognize ruling faction in foreign country, new president decided to
recognize group of rebels and notified ambassador in US must leave w/n 10 days,
action in fed court to declare true faction is gov't, US moves to dismiss
Ans: (A) Action involves a nonjusticiable political question.
Art. 2 power to receive foreign ambassadors is likely a textually demonstrable
commitment by the Constitution of exclusive authority to recognize a foreign
gov't
Assistant to famous writer, saw password, assistant read emails and printed them
out, leaks info, true and matter of public interest
Ans: (C) Yes, because the assistant invaded the writer's privacy.
Intrusion upon seclusion
D on trial for stolen TV, claims TV was a gift from friend who has disappeared, D
seeks to testify that he was present when friend told neighbor that TV was given
to friend by mother
Ans: (C) Yes, as non hearsay evidence of D's belief that the friend owned the
TV
Offering statements as evidence that the D thought that the friend owned the TV
Restaurant supplier sent letter to regular customer offering to sell customer an
industrial freezer, 2 days later customer said accept offer on the condition that
© 2025/ 2026 | ® All rights reserved
, 3 | Page
freezer is merchantable, supplier said offer no longer open, sold to someone else
for $11k
Ans: (C) Yes, because the customer's letter was an acceptance fo the supplier's
offer since the warranty of merchantability was already implied in the sale.
UCC 2-314, a warranty of merchantability is implied in every contract for the sale
of a good by a seller who is a merchant with respect to goods of that kind
CC co. obtained properly filed judgment against man for $10k, statute says
judgment properly filed for 10 years from filing be a lien on the real property then
owned, 2 years later man purchased land for $200k, downpayment of 20k, deed
recorded then mortgage, 5 mo. later defaults and initiated foreclosure, bank files
first lien on land
Ans: (A) No, because the bank's mortgage secured a loan used to purchase
land.
Purchase-money mortgage takes precedence over CC company's lien
Woman, murder, plea of NG by reason of insanity, evidence show woman stalked
victim for several hours, experts testified that woman knew it was illegal and
wrong, but suffered serious mental illness that left her in the grip of a powerful
and irresistible compulsion to kill
Ans: (B) Only if the jurisdiction follows ALI Model Penal Code test for insanity.
P brought civil suit for fistfight injuries, P seeks to introduce from properly
authenticated police report a statement attributed to an eyewitness who is
unavailable to testify
Ans: (B) No, because it is not hearsay w/n any exception.
© 2025/ 2026 | ® All rights reserved
