MBE Critical Pass Exam with
Questions and Answers
when is notice to an adverse party not required for a temporary restraining order? -
ANSWER-if moving party
(1) shows immediate and irreparable injury. will result to her before adverse party can
heard in opposition; and
(2) describes efforts made to give adverse party notice
if a buyer in a UCC contract stops paying seller or becomes insolvent, what remedy is
available to seller? - ANSWER-reclamation - unpaid sellers may stop delivery or reclaim
goods from an insolvent buyer
unpaid seller can never reclaim goods from subsequent buyers
at what point does jeopardy attach for double jeopardy purposes? - ANSWER-start of
trial generally required
jury trial: attaches once jury is impanelled and sworn in
bench trial: attaches once first witness is sworn in
pleas: attaches once courts accepts a plea agreement
when is a co-defendant's confession that implicates defendant inadmissible? -
ANSWER-a co-defendant's confession implicating defendant is inadmissible against
defendant at a joint jury trial (okay at a bench trial)
what classifications receive rational basis standard of review in an equal protection
analysis? - ANSWER-alienage, but only if classification:
(1) relates to self govt. and the democratic process, or
(2) is a congressional action concerning immigration
all other - all other classifications not qualifying for strict or intermediate review
e.g.; age, disability, wealth, economics
what must exist for the creation of an equitable servitude? - ANSWER-(1) writing -
written promise
(2) intent - original parties must intend to bind successors
, (3) touches and concerns the land
(4) notice - successors of the burdened land had notice
exceptions:
-reciprocal negative servitudes may be implied from a common scheme for
development of a residential subdivision
-notice not required for benefit to run
is an attorney's fee agreement with a client protected under the attorney-client privilege?
- ANSWER-records of fee payments, including fee arrangements and payments, are
generally considered outside attorney-client privilege
if an attorney represents an organization as a client, to whom in the organization does
the attorney-client privilege apply? - ANSWER-any employee authorized to speak to the
attorney
what role does a forum state's interest play in determining whether exercise of PJ is
fair? - ANSWER-does forum state have an interest in providing redress for its residents,
or an interest in the outcome of the case?
three factors in determining if jurisdiction is fair for PJ - ANSWER-(1) relatedness of
contacts and claim
(2) convenience
(3) state's interest
what constitutes depraved or malignant heart murder? - ANSWER-a killing committed
with reckless indifference to an unjustifiable risk of human life
when would diminished capacity be an effective defense to criminal liability? -
ANSWER-a defense based on defendant's mental defect
available if defendant can show that he has some mental defect short of insanity that
prevented him from forming the mental state required for the crime
usually limited to specific intent crimes
in what situations would a communication between an attorney and client be protected
by attorney-client privilege? - ANSWER-to be protected, a communication must be:
(1) intended to be confidential; and
(2) made to facilitate legal services
if a document is used to refresh a witness's memory during testimony, what rules apply?
- ANSWER--anything can be used to refresh witness's memory
-witness cannot read aloud from a document, but can look at it briefly, then continue
testimony unassisted
Questions and Answers
when is notice to an adverse party not required for a temporary restraining order? -
ANSWER-if moving party
(1) shows immediate and irreparable injury. will result to her before adverse party can
heard in opposition; and
(2) describes efforts made to give adverse party notice
if a buyer in a UCC contract stops paying seller or becomes insolvent, what remedy is
available to seller? - ANSWER-reclamation - unpaid sellers may stop delivery or reclaim
goods from an insolvent buyer
unpaid seller can never reclaim goods from subsequent buyers
at what point does jeopardy attach for double jeopardy purposes? - ANSWER-start of
trial generally required
jury trial: attaches once jury is impanelled and sworn in
bench trial: attaches once first witness is sworn in
pleas: attaches once courts accepts a plea agreement
when is a co-defendant's confession that implicates defendant inadmissible? -
ANSWER-a co-defendant's confession implicating defendant is inadmissible against
defendant at a joint jury trial (okay at a bench trial)
what classifications receive rational basis standard of review in an equal protection
analysis? - ANSWER-alienage, but only if classification:
(1) relates to self govt. and the democratic process, or
(2) is a congressional action concerning immigration
all other - all other classifications not qualifying for strict or intermediate review
e.g.; age, disability, wealth, economics
what must exist for the creation of an equitable servitude? - ANSWER-(1) writing -
written promise
(2) intent - original parties must intend to bind successors
, (3) touches and concerns the land
(4) notice - successors of the burdened land had notice
exceptions:
-reciprocal negative servitudes may be implied from a common scheme for
development of a residential subdivision
-notice not required for benefit to run
is an attorney's fee agreement with a client protected under the attorney-client privilege?
- ANSWER-records of fee payments, including fee arrangements and payments, are
generally considered outside attorney-client privilege
if an attorney represents an organization as a client, to whom in the organization does
the attorney-client privilege apply? - ANSWER-any employee authorized to speak to the
attorney
what role does a forum state's interest play in determining whether exercise of PJ is
fair? - ANSWER-does forum state have an interest in providing redress for its residents,
or an interest in the outcome of the case?
three factors in determining if jurisdiction is fair for PJ - ANSWER-(1) relatedness of
contacts and claim
(2) convenience
(3) state's interest
what constitutes depraved or malignant heart murder? - ANSWER-a killing committed
with reckless indifference to an unjustifiable risk of human life
when would diminished capacity be an effective defense to criminal liability? -
ANSWER-a defense based on defendant's mental defect
available if defendant can show that he has some mental defect short of insanity that
prevented him from forming the mental state required for the crime
usually limited to specific intent crimes
in what situations would a communication between an attorney and client be protected
by attorney-client privilege? - ANSWER-to be protected, a communication must be:
(1) intended to be confidential; and
(2) made to facilitate legal services
if a document is used to refresh a witness's memory during testimony, what rules apply?
- ANSWER--anything can be used to refresh witness's memory
-witness cannot read aloud from a document, but can look at it briefly, then continue
testimony unassisted
