Sample MBE II J Reuben Clark Law School

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The Multistate Bar Examination MBE is an objective six hour. examination developed by the National Conference of Bar. Examiners NCBE that contains 200 questions It was first. administered in February 1972 and is currently a component of the. bar examination in most U S jurisdictions, From time to time NCBE releases test questions to acquaint test. takers with authentic test materials This publication consists of the. actual 200 item multiple choice test that was administered. nationally in July 1991, The July 1991 MBE consisted of questions in the following areas. Constitutional Law Contracts Criminal Law and Procedure. Evidence Real Property and Torts Applicants were directed to. choose the best answer from four stated alternatives. The purpose of this publication is to familiarize you with the. format and nature of MBE questions The questions in this. publication should not be used for substantive preparation for. the MBE Because of changes in the law since the time the. examination was administered the questions and their keys. may no longer be current The editorial style of questions may. have changed over time as well, Applicants are encouraged to use as additional study aids the. MBE Online Practice Exams 1 and 2 MBE OPE 1 and OPE 2. both available for purchase online at www ncbex2 org catalog. These study aids which include explanations for each option. selected contain questions from more recently administered. MBEs that more accurately represent the current content and. format of the MBE, If you use the questions in this publication as a practice exam you. should not rely on your raw score to identify how well you are. doing MBE raw scores are converted to scaled scores through an. equating procedure that is designed to ensure that the level of. difficulty of the examination remains consistent from. administration to administration The Raw Score Conversion Table. should be used to estimate your scaled score, Additional copies of this publication may be purchased from the.
National Conference of Bar Examiners 302 South Bedford Street. Madison Wisconsin 53703 3622 608 280 8550 To order. additional copies of this publication or other National Conference. publications visit our website at www ncbex org, Copyright 2002 2004 by the National Conference of Bar Examiners. All rights reserved,SAMPLE MULTISTATE BAR EXAMINATION. TABLE OF CONTENTS,PM Book 50,Answer Key 97,Raw Score Conversion Table 99. Sample Answer Sheet 100,TIME 3 HOURS, Directions Each of the questions or incomplete statements below is followed by four suggested answers or. completions You are to choose the best of the stated alternatives Answer all questions according to the. generally accepted view except where otherwise noted. For the purposes of this test you are to assume that Articles 1 and 2 of the Uniform Commercial Code have. been adopted You are also to assume relevant application of Article 9 of the UCC concerning fixtures The. Federal Rules of Evidence are deemed to control The terms Constitution constitutional and unconstitutional. refer to the federal Constitution unless indicated to the contrary You are also to assume that there is no. applicable community property law no guest statute and no No Fault Insurance Act unless otherwise. specified In negligence cases if fault on the claimant s part is or may be relevant the statement of facts for. the particular question will identify the contributory or comparative negligence rule that is to be applied. 1 By warranty deed Marta conveyed Blackacre 2 Peavey was walking peacefully along a public. to Beth and Christine as joint tenants with street when he encountered Dorwin whom he. right of survivorship Beth and Christine are had never seen before Without provocation or. not related Beth conveyed all her interest to warning Dorwin picked up a rock and struck. Eugenio by warranty deed and subsequently Peavey with it It was later established that. died intestate Thereafter Christine conveyed Dorwin was mentally ill and suffered recurrent. to Darin by warranty deed hallucinations, There is no applicable statute and the If Peavey asserts a claim against Dorwin based.
jurisdiction recognizes the common law joint on battery which of the following if. tenancy supported by evidence will be Dorwin s best. Title to Blackacre is in,A Dorwin did not understand that his act. A Darin was wrongful,B Marta B Dorwin did not desire to cause harm to. C Darin and Eugenio Peavey, D Darin and the heirs of Beth C Dorwin did not know that he was. striking a person,D Dorwin thought Peavey was about to. attack him,GO ON TO THE NEXT PAGE, 3 Penstock owned a large tract of land on the Questions 4 5 are based on the following fact.
shore of a lake Drury lived on a stream that situation. ran along one boundary of Penstock s land and, into the lake At some time in the past a Structo contracted with Bailey to construct for. channel had been cut across Penstock s land 500 000 a warehouse and an access driveway at. from the stream to the lake at a point some highway level Shortly after commencing work on. distance from the mouth of the stream From the driveway which required for the specified level. where Drury lived the channel served as a some excavation and removal of surface material. convenient shortcut to the lake Erroneously Structo unexpectedly encountered a large mass of. believing that the channel was a public solid rock. waterway Drury made frequent trips through, the channel in his motorboat His use of the 4 For this question only assume the following. channel caused no harm to the land through facts Structo informed Bailey accurately that. which it passed because of the rock the driveway as specified. would cost at least 20 000 more than figured, If Penstock asserts a claim for damages and demanded for that reason a total contract. against Drury based on trespass which of the price of 520 000 Since Bailey was expecting. following would be a correct disposition of the warehousing customers immediately after the. case agreed completion date he signed a writing,promising to pay the additional 20 000. A Judgment for Penstock for nominal Following timely completion of the warehouse. damages because Drury intentionally and driveway which conformed to the contract. used the channel in all respects Bailey refused to pay Structo. B Judgment for Drury if he did not use the more than 500 000. channel after learning of Penstock s, ownership claim What is the maximum amount to which.
C Judgment for Drury because he caused Structo is entitled. no harm to Penstock s land, D Judgment for Drury because when he A 500 000 because there was no. used the channel he believed it was a consideration for Bailey s promise to pay. public waterway the additional 20 000,B 500 000 because Bailey s promise to. pay the additional 20 000 was exacted,under duress. C 520 000 because the modification was,fair and was made in the light of. circumstances not anticipated by the,parties when the original contract was.
D 520 000 provided that the reasonable,value of Structo s total performance was. that much or more,GO ON TO THE NEXT PAGE, 5 For this question only assume the following 6 Larson was charged with the murder of a man. facts Upon encountering the rock formation who had been strangled and whose body was. Structo instead of incurring additional costs to found in some woods near his home Larson. remove it built the access driveway over the suffers from a neurological problem that. rock with a steep grade down to the highway makes it impossible for him to remember an. Bailey who was out of town for several days occurrence for longer than 48 hours. was unaware of this nonconformity until the, driveway had been finished As built it is too After Larson was charged the police visited. steep to be used safely by trucks or cars him and asked if they might search his home. particularly in the wet or icy weather Larson consented The police found a diary. frequently occurring in the area It would cost written by Larson An entry dated the same. 30 000 to tear out and rebuild the driveway at day as the victim s disappearance read. highway level As built the warehouse Indescribable excitement Why did no one. including the driveway has a fair market value ever tell me that killing gave such pleasure to. of 550 000 Bailey has paid 470 000 to the master,Structo but refuses to pay more because of the. nonconforming driveway which Structo has Larson was charged with murder His attorney. refused to tear out and rebuild has moved to exclude the diary from evidence. on the ground that its admission would violate, If Structo sues Bailey for monetary relief Larson s privilege against self incrimination.
what is the maximum amount Structo is Counsel has also argued that Larson could not. entitled to recover give informed consent to the search because. more than 48 hours had passed since the, A 30 000 because the fair market value of making of the entry and hence he could not. the warehouse and driveway as is remember the existence of the incriminating. exceeds the contract price by 50 000 entry at the time he gave his consent There is. more than the cost of correcting the no evidence that the police officers who. driveway secured Larson s consent to the search were. B 30 000 because Structo substantially aware of his memory impairment. performed and the cost of correcting the, driveway would involve economic waste With regard to the diary the court should. C 30 000 minus whatever amount Structo, saved by not building the driveway at the A admit it because Larson s consent was. specified level not obtained by intentional police. D Nothing because Bailey is entitled to misconduct and Larson was not. damages for the cost of correcting the compelled to make the diary entry. driveway B admit it pursuant to the good faith,exception to the exclusionary rule. C exclude it because Larson was not,competent to consent to a search.
D exclude it because use of the diary as,evidence would violate Larson s. privilege against self incrimination,GO ON TO THE NEXT PAGE. 7 In contract litigation between Pixley and Dill 8 A statute of the state of East Dakota requires. a fact of consequence to the determination of each insurance company that offers burglary. the action is whether Pixley provided Dill with insurance policies in the state to charge a. a required notice at Dill s branch office in the uniform rate for such insurance to all of its. state capital Pixley introduced evidence that customers residing within the same county in. he gave notice at Dill s office in the city of that state So long as it complies with this. Capitan Although Capitan is the state s requirement a company is free to charge. capital Pixley failed to offer proof of that fact whatever rate the market will bear for its. burglary insurance policies,Which of the following statements is most. clearly correct with respect to possible judicial An insurance company located in the state of. notice of the fact that Capitan is the state s East Dakota files suit in federal district court. capital against appropriate East Dakota state officials. to challenge this statute on constitutional, A The court may take judicial notice even grounds The insurance company wishes to. though Pixley does not request it charge customers residing within the same. B The court may take judicial notice only if county in East Dakota rates for burglary. Pixley provides the court with an insurance policies that will vary because they. authenticated copy of the statute that would be based on the specific nature of the. designates Capitan as the capital customer s business on its precise location. C If the court takes judicial notice the and on its past claims record. burden of persuasion on the issue of, whether Capitan is the capital shifts to In this suit the court should.
D If the court takes judicial notice it A hold the statute unconstitutional because. should instruct the jury that it may but is the statute deprives the insurance. not required to accept as conclusive the company of its liberty or property. fact that Capitan is the capital without due process of law. B hold the statute unconstitutional because,the statute imposes an undue burden on. interstate commerce,C hold the statute constitutional because. the statute is a reasonable exercise of the,state s police power. D abstain from ruling on the merits of this,case until the state courts have had an. opportunity to pass on the,constitutionality of this state statute.
GO ON TO THE NEXT PAGE, 9 Dawson was charged with felony murder 10 In an automobile negligence action by Popkin. because of his involvement in a bank robbery against Dwyer Juilliard testified for Popkin. The evidence at trial disclosed that Smith Dwyer later called Watts who testified that. invited Dawson to go for a ride in his new car Juilliard s reputation for truthfulness was bad. and after a while asked Dawson to drive As, Smith and Dawson drove around town Smith On cross examination of Watts Popkin s. explained to Dawson that he planned to rob counsel asks Isn t it a fact that when you. the bank and that he needed Dawson to drive bought your new car last year you made a. the getaway car Dawson agreed to drive to the false affidavit to escape paying the sales tax. If you use the questions in this publication as a practice exam you should not rely on your raw score to identify how well you are doing MBE raw scores are converted to scaled scores through an equating procedure that is designed to ensure that the level of difficulty of the examination remains consistent from administration to administration

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