1 | Page
Simulated MBE 1 Practice Test Questions and
Correct Answers/ Latest Update / Already Graded
A homeowner was using a six-foot stepladder to clean the furnace in his home.
The homeowner broke his arm when he slipped and fell from the ladder. The
furnace had no warnings or instructions on how it was to be cleaned.
In a suit by the homeowner against the manufacturer of the furnace to recover
for his injury, is the homeowner likely to prevail?
Ans: No, because the danger of falling from a ladder is obvious.
A manufacturer has no obligation to warn against obvious dangers. There appears
to be nothing unique to the furnace that would add to the ordinary dangers of
working on a ladder.
A landlord and a tenant orally agreed to a commercial tenancy for a term of six
months beginning on July 1. Rent was to be paid by the first day of each month,
and the tenant paid the first month's rent at the time of the agreement.
When the tenant arrived at the leased premises on July 1, the tenant learned that
the previous tenant had not vacated the premises at the end of her lease term on
May 31 and did not intend to vacate. The tenant then successfully sued the
previous tenant for possession. The tenant did not inform the landlord of the
eviction action until after the tenant received possession.
The tenant then sued the landlord, claiming damages for that portion of the lease
period during which the tenant was not in possession.
If the court finds for the landlord, what will be the most likely explanation?
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Ans: The landlord had delivered the legal right of possession to the tenant.
Landlord granted the legal right of possession to the tenant, which means that
neither the landlord nor anyone holding of the landlord prevented the tenant
from going into possession at the commencement of the lease term. The previous
tenant's lease term had ended before the new lease term began. The previous
tenant then became a trespasser and was not holding of the landlord. The court
found for the landlord, and thus there is no rule in this jurisdiction that the
landlord need also put the tenant into actual possession.
A plaintiff sued a defendant in federal court for injuries arising out of an accident
involving the parties. The plaintiff alleged and presented evidence at trial
demonstrating that her injuries had left her legs permanently paralyzed. The jury
found in favor of the plaintiff and awarded her $5 million in damages. Two months
after the court entered judgment, the defendant was given a videotape made that
day showing the plaintiff jogging with her doctor.
What is the best way for the defendant to seek relief from the judgment?
Ans: Move for relief from the judgement on the ground that the plaintiff
committed a fraud in obtaining damages for permanent injuries.
Facts indicate that plaintiff lied about her injuries and perpetrated a fraud on the
court. Under Rule 60(b)(3), a court may relieve a party from a final judgement on
the ground of fraud, misrepresentation, or misconduct
Congress enacted a statute prohibiting discrimination in the rental of residential
property anywhere in the United States on the basis of sexual orientation or
preference by any person or entity, public or private.
Which of the following provisions provides the strongest basis for Congress's
authority to enact this statute?
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Ans: The commerce clause of Article I, Section 8.
Congress can regulate the rental terms for residential property pursuant to the
commerce clause because such rentals constitute economic activity that, in the
aggregate, has a substantial effect on interstate commerce.
A defendant is being tried for the murder of a woman who disappeared 10 years
ago and has not been heard from since. Her body has never been found. The
prosecutor has presented strong circumstantial evidence that she was murdered
by the defendant. To help establish the fact of her death, the prosecutor has
requested that the judge give the following instruction, based on a recognized
presumption in the jurisdiction: "A person missing and not heard from in the last
seven years shall be presumed to be deceased."
Is the instruction proper?
Ans: No, because mandatory presumptions are not allowed against a criminal
defendant on an element of the charged crime.
U.S. Supreme Court has held it to be a violation of due process for a judge to give
a mandatory jury instruction in a criminal case on an element of the charged
crime. The instruction is unconstitutional because the phrase "shall be presumed"
could be interpreted by the jury as shifting the burden of proof to the defendant
or as requiring the jury to find an element of the charged crime, neither of which
is permissible.
An executive of an accounting firm was fired and told to immediately leave the
building where she worked. The executive went home, but she returned that
night to retrieve personal items from her office. When she discovered that her
key no longer opened a door to the building, she forced the door open and went
to her former office. To avoid attracting attention, she did not turn on any lights.
In the dark, she knew that she was taking some items that were not hers; she
planned to sort these out later and return them.
© 2025/ 2026 | ® All rights reserved
Simulated MBE 1 Practice Test Questions and
Correct Answers/ Latest Update / Already Graded
A homeowner was using a six-foot stepladder to clean the furnace in his home.
The homeowner broke his arm when he slipped and fell from the ladder. The
furnace had no warnings or instructions on how it was to be cleaned.
In a suit by the homeowner against the manufacturer of the furnace to recover
for his injury, is the homeowner likely to prevail?
Ans: No, because the danger of falling from a ladder is obvious.
A manufacturer has no obligation to warn against obvious dangers. There appears
to be nothing unique to the furnace that would add to the ordinary dangers of
working on a ladder.
A landlord and a tenant orally agreed to a commercial tenancy for a term of six
months beginning on July 1. Rent was to be paid by the first day of each month,
and the tenant paid the first month's rent at the time of the agreement.
When the tenant arrived at the leased premises on July 1, the tenant learned that
the previous tenant had not vacated the premises at the end of her lease term on
May 31 and did not intend to vacate. The tenant then successfully sued the
previous tenant for possession. The tenant did not inform the landlord of the
eviction action until after the tenant received possession.
The tenant then sued the landlord, claiming damages for that portion of the lease
period during which the tenant was not in possession.
If the court finds for the landlord, what will be the most likely explanation?
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Ans: The landlord had delivered the legal right of possession to the tenant.
Landlord granted the legal right of possession to the tenant, which means that
neither the landlord nor anyone holding of the landlord prevented the tenant
from going into possession at the commencement of the lease term. The previous
tenant's lease term had ended before the new lease term began. The previous
tenant then became a trespasser and was not holding of the landlord. The court
found for the landlord, and thus there is no rule in this jurisdiction that the
landlord need also put the tenant into actual possession.
A plaintiff sued a defendant in federal court for injuries arising out of an accident
involving the parties. The plaintiff alleged and presented evidence at trial
demonstrating that her injuries had left her legs permanently paralyzed. The jury
found in favor of the plaintiff and awarded her $5 million in damages. Two months
after the court entered judgment, the defendant was given a videotape made that
day showing the plaintiff jogging with her doctor.
What is the best way for the defendant to seek relief from the judgment?
Ans: Move for relief from the judgement on the ground that the plaintiff
committed a fraud in obtaining damages for permanent injuries.
Facts indicate that plaintiff lied about her injuries and perpetrated a fraud on the
court. Under Rule 60(b)(3), a court may relieve a party from a final judgement on
the ground of fraud, misrepresentation, or misconduct
Congress enacted a statute prohibiting discrimination in the rental of residential
property anywhere in the United States on the basis of sexual orientation or
preference by any person or entity, public or private.
Which of the following provisions provides the strongest basis for Congress's
authority to enact this statute?
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Ans: The commerce clause of Article I, Section 8.
Congress can regulate the rental terms for residential property pursuant to the
commerce clause because such rentals constitute economic activity that, in the
aggregate, has a substantial effect on interstate commerce.
A defendant is being tried for the murder of a woman who disappeared 10 years
ago and has not been heard from since. Her body has never been found. The
prosecutor has presented strong circumstantial evidence that she was murdered
by the defendant. To help establish the fact of her death, the prosecutor has
requested that the judge give the following instruction, based on a recognized
presumption in the jurisdiction: "A person missing and not heard from in the last
seven years shall be presumed to be deceased."
Is the instruction proper?
Ans: No, because mandatory presumptions are not allowed against a criminal
defendant on an element of the charged crime.
U.S. Supreme Court has held it to be a violation of due process for a judge to give
a mandatory jury instruction in a criminal case on an element of the charged
crime. The instruction is unconstitutional because the phrase "shall be presumed"
could be interpreted by the jury as shifting the burden of proof to the defendant
or as requiring the jury to find an element of the charged crime, neither of which
is permissible.
An executive of an accounting firm was fired and told to immediately leave the
building where she worked. The executive went home, but she returned that
night to retrieve personal items from her office. When she discovered that her
key no longer opened a door to the building, she forced the door open and went
to her former office. To avoid attracting attention, she did not turn on any lights.
In the dark, she knew that she was taking some items that were not hers; she
planned to sort these out later and return them.
© 2025/ 2026 | ® All rights reserved
