BARBRI MBE PRACTICE EXAM UPDATED QUESTIONS
AND ANSWERS RATED A+
✔✔New Party assigned the leasehold interest... - ✔✔Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease
that he bought into
✔✔When the instruction to the jury contains some presumed fact - ✔✔The judge has to
tell the jury that they MAY but are not required to do so. Jury must know that they must
prove all elements beyond reasonable doubt.
Reverse and remand if not
✔✔Building a ditch from neighbors spring to your crop with permission is - ✔✔An
irrevocable license if you spent a lot of money in reliance
Not an easement appurtenant
✔✔Will devising trust "payable to children by 30 if graduate or to university". Valid under
RAP? - ✔✔Yes, valid charitable trust bc the children are lives in being when it goes into
effect (at his death) and the trust will vest within 21 years of their death
✔✔Charged with involuntary man and murder. Plead guilty to man. Judge dismisses
murder and prosecution objections. - ✔✔TC should be reversed bc DJ does not bar trial
of murder charge
✔✔Bequeath saying "to the school for the life of my wife and then to my children;
provided, however, the school use for education only" - ✔✔Precatory language
If school violates, their interest doesn't terminate
An injunction will be granted and the damages will be impounded for future distribution
✔✔State legislature in his duties gives state/federal funds to all white school. Strongest
argument for legislature? - ✔✔10 A prevents the federal gov from interfering with a
member of state legislature in performance of his duties
✔✔Buyer sends merchant order. Merchant sends no conforming goods. Breach or
counteroffer? - ✔✔Breach
Buyer can accept or reject and sue for damages either way but if she accepts she must
give seller notice to fix it
MUST BE PERFECT TENDER, even if only 1/100 boxes were wrong
, ✔✔Statements made in court are - ✔✔Privileged even if they are extreme and
outrageous and if made anywhere else would be IIED
✔✔Deficiency ruling, what happens to senior and junior interests? - ✔✔Senior paid
completely first and then junior
✔✔Brokerage k says will sell for 180. Broker finds buyer and seller refuses. Can buy
met sue for SP on theory that brokerage K is the writing? - ✔✔No bc the K is not
between the two parties
✔✔Neighbor sues for public nuisance - ✔✔Only allowed if can show he has some
potential special injury unique to rest of the public (I.e. By virtue of living next door to the
dangerous activity)
✔✔D thinks B is rival and shoots at him but it hits homeowner thru window and kills him.
What's D guilty of? - ✔✔Attempted murder of B and murder of homeowner bc he meant
to kill who he aimed at so its an attempt and that intent is transferred to homeowner
No attempt to kill rival bc not in proximity
✔✔W testifies about D1s bad driving and 3 known instances of it in a case against D1
(neg) and D2 (owner of car - neg etrustment) - ✔✔Admissible to D2 bc Ds character in
issue but not admissible to D1 bc character evidence proving in conformity therewith
✔✔Congress enacts statute requiring Pres to withdraw troops after 60 days absent
congress declaring war. - ✔✔Constitutionally suspect especially if it takes the
Presidents ability to veto the enactment away
✔✔Congress can grant regulatory power in executive branch - ✔✔So long as it outlines
the standards to use
✔✔O to A in will and O gives the deed to cousin to pass to A upon death. When is
conveyance/delivery? - ✔✔When conveyed to cousin, it is done and it relates back to
the date it was delivered to cousin
✔✔11th A bars what? And not what? - ✔✔Private citizen suing state foreign
government suing state
Indian tribes v state
Does not bar state v state
✔✔Random hearsay exception allowing estranged granddaughter to bring up
document/will of grandfather to prove relation to uncle whose estate leaves everything
AND ANSWERS RATED A+
✔✔New Party assigned the leasehold interest... - ✔✔Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease
that he bought into
✔✔When the instruction to the jury contains some presumed fact - ✔✔The judge has to
tell the jury that they MAY but are not required to do so. Jury must know that they must
prove all elements beyond reasonable doubt.
Reverse and remand if not
✔✔Building a ditch from neighbors spring to your crop with permission is - ✔✔An
irrevocable license if you spent a lot of money in reliance
Not an easement appurtenant
✔✔Will devising trust "payable to children by 30 if graduate or to university". Valid under
RAP? - ✔✔Yes, valid charitable trust bc the children are lives in being when it goes into
effect (at his death) and the trust will vest within 21 years of their death
✔✔Charged with involuntary man and murder. Plead guilty to man. Judge dismisses
murder and prosecution objections. - ✔✔TC should be reversed bc DJ does not bar trial
of murder charge
✔✔Bequeath saying "to the school for the life of my wife and then to my children;
provided, however, the school use for education only" - ✔✔Precatory language
If school violates, their interest doesn't terminate
An injunction will be granted and the damages will be impounded for future distribution
✔✔State legislature in his duties gives state/federal funds to all white school. Strongest
argument for legislature? - ✔✔10 A prevents the federal gov from interfering with a
member of state legislature in performance of his duties
✔✔Buyer sends merchant order. Merchant sends no conforming goods. Breach or
counteroffer? - ✔✔Breach
Buyer can accept or reject and sue for damages either way but if she accepts she must
give seller notice to fix it
MUST BE PERFECT TENDER, even if only 1/100 boxes were wrong
, ✔✔Statements made in court are - ✔✔Privileged even if they are extreme and
outrageous and if made anywhere else would be IIED
✔✔Deficiency ruling, what happens to senior and junior interests? - ✔✔Senior paid
completely first and then junior
✔✔Brokerage k says will sell for 180. Broker finds buyer and seller refuses. Can buy
met sue for SP on theory that brokerage K is the writing? - ✔✔No bc the K is not
between the two parties
✔✔Neighbor sues for public nuisance - ✔✔Only allowed if can show he has some
potential special injury unique to rest of the public (I.e. By virtue of living next door to the
dangerous activity)
✔✔D thinks B is rival and shoots at him but it hits homeowner thru window and kills him.
What's D guilty of? - ✔✔Attempted murder of B and murder of homeowner bc he meant
to kill who he aimed at so its an attempt and that intent is transferred to homeowner
No attempt to kill rival bc not in proximity
✔✔W testifies about D1s bad driving and 3 known instances of it in a case against D1
(neg) and D2 (owner of car - neg etrustment) - ✔✔Admissible to D2 bc Ds character in
issue but not admissible to D1 bc character evidence proving in conformity therewith
✔✔Congress enacts statute requiring Pres to withdraw troops after 60 days absent
congress declaring war. - ✔✔Constitutionally suspect especially if it takes the
Presidents ability to veto the enactment away
✔✔Congress can grant regulatory power in executive branch - ✔✔So long as it outlines
the standards to use
✔✔O to A in will and O gives the deed to cousin to pass to A upon death. When is
conveyance/delivery? - ✔✔When conveyed to cousin, it is done and it relates back to
the date it was delivered to cousin
✔✔11th A bars what? And not what? - ✔✔Private citizen suing state foreign
government suing state
Indian tribes v state
Does not bar state v state
✔✔Random hearsay exception allowing estranged granddaughter to bring up
document/will of grandfather to prove relation to uncle whose estate leaves everything
