MBE Multistate Bar Examination 2025 Exam Review, Exams of Law

Download MBE Multistate Bar Examination 2025 Exam Review and more Exams Law in PDF only on Docsity!

David Mungai [COMPANY NAME] [Company address]

MBE Multistate Bar Examination MBE

Black Letter Law Bar Review 2025 Exam

Review Questions and Answers | 100%

Pass | Graded +

MBE Multistate Bar Examination MBE

Black Letter Law Bar Review 2025 Exam

Review Questions and Answers | 100%

Pass | Graded +

Strict product liability requires the P to prove what when the D is a merchant? - Answer>> 1. D is a commercial supplier 2. D produced or sold products that were defective when it left D's control 3. defective product was the actual and proximate cause of P's injury & 4. P suffered damages what does the due process clause require under the long arm statute for jurisdiction to be proper? - Answer>> Rule: for jurisdiction to be valid under a state long-arm statute, notice of the pending action is required by the due process clause Do all covenants get assigned with a lease assignment? - Answer>> No. Only the covenants that run with the land can be assigned what covenants run with the land? - Answer>> 1. covenants to do or not to do a physical act 2. covenants to pay $ (e.g. taxes) 3. Covenants regarding the duration of the lease (termination clauses) what does run with the land mean? - Answer>> things that touch or concern the land when does the lessee assume duty of care in a lease along with the landlord? - Answer>> When they lease the entire premise - assume the duty of care to avoid unreasonable risk of harm

Hearsay exception - state of mind, is admissible when? - Answer>> state of mind hearsay exception is admissible when a. it's offered to directly show the declarants state of mind OR b. declarations of intent offered to show subsequent acts What elements do real estate contracts need to be valid? - Answer>> 1. price AND 2. identify the land (deed description NOT needed) What elements do sales of goods contracts need to be valid? - Answer>> A quantity Is the D's answer relevant to determine fed'l question jurisdiction?

• Answer>> No - Fed'l Q must appear in the P's well pleaded complaint Fruit of the poisonous tree - what is the balancing test? - Answer>> to determine if something should be admitted the courts weight the desire to deter police misconduct against the exclusion of probative evidence - which weighs more What are the Rule of Delegation - Answer>> Delegator remains liable even if the delegatee assumes duties what are the Rules for novation - Answer>> Where the obligee expressly consents to delegation of a duty and releases the original obligor, ONLY then is the original obligor not responsible (hairdresser example) -That's a novation when can vior dire include racial questions? - Answer>> In capital cases, when a D is accused of an interracial crimes what is the use tax rule? - Answer>> it's used to equalize taxes on goods purchased out of state with goods purchased in state. -

a state may force a non resident seller of goods to collect a use tax from a local buyer -> if the seller has a substantial nexus to the state when is Impeachment by intrinsic evidence admissible? - Answer>> to show bias of witness, e.g. you were plead down to testify Does the prosecution have to corroborate a guilty plea in criminal case? - Answer>> Yes, only If a D does not admit guilt in the courtroom. The prosecution must then introduce evidence that will at least establish the trustworthiness of the confession does it matter WHEN you heard a voice for the first time that you are authenticating? - Answer>> No, you can hear it after litigation started and testify to authenticate it what do you look at to determine if the right to a speedy trial is violated? - Answer>> length of delay, reason for delay, did D assert his right, prejudice delay caused to D what is murder? - Answer>> the unlawful killing of another with malice aforethought. the reason for the intent (mens rea)/motive is irrelevant (e.g. killing a terminally ill dad) common law accessory before the fact rule - Answer>> an accessory before the fact is subject to the same penalty as the one who commits the crime when can P not recover in comparative negligence? - Answer>> if the D doesn't breach his duty of care P can't recover (ball hits fan in head during game in stands)

who can be imputed for contributory negligence? - Answer>> A will be imputed if B is his partner who can't be imputed via contributory negligence? - Answer>> parent/child, driver/passenger, spouse/spouse which cases can be heard under writ of certiorari - Answer>> Cases from the highest state courts that consist of a federal statute, federal treaty, OR if a state statute is called into Q OR a state statute violates federal law & any case from the federal appeals circuit what is the breadth of strict liability for commercial sellers? - Answer>> commercial sellers are strictly liable for any defective conditions that exist at the time of the sale what is the common law rule of interest in land? - Answer>> priority is given to the grantee who was 1st in time, unless jurisdictions recording statute says otherwise -common law is notice do contract assignments transfer duties? - Answer>> Yes, assignments include the transfer of all duties is the dram shop act valid under common law? - Answer>> no what is a promise not to sue when there is a valid claim? - Answer>> it's considered valuable consideration how many jurors in federal court - Answer>> not < 6 and not > 12 what can jurors take into delibrerations? - Answer>> personal notes, evidence, exhibits only - a bibie is not allowed

If a juror violates a rule what happens? - Answer>> a new trial what is considered a state action? - Answer>> when the state and the person are so intertwined that it's as if the state was acting OR the activity is a traditional public function what is equitable conversion? - Answer>> when the seller of a real estate contract dies before closing - the transfer must still occur elements of a proper complaint are? - Answer>> 1. a short statement of grounds for courts jurisdiction 2. a statement showing claimant is entitled to relief 3. a demand for judgement of relief -can also be in the alternative -- NO requirement to set forth damages when is evidence of an established routine admissible? - Answer>> only admissible to show that a particular event occured when is industry custom admissible? - Answer>> to show actions of other persons in the same industry in an attempt to show industry wide standard of care are warrantless searches constitutional? - Answer>> searches incident to a lawful arrest and searches based on consent are valid warrantless searches what is preclusion? - Answer>> res judicata, you can't relitigate a claim that was already decided when can a party assert preclusion? - Answer>> 1. if the prior action ended in a final judgement 2. if the issue was litigitated and

another person joins in to make the crime bigger, then all of them can be charged with conspiracy. what is the 15th amendment about? - Answer>> it prohibits state and federal gov't from denying the right to vote to people based on race or color what is the 6th amendment about? - Answer>> the right to counsel when does the right to counsel begin? - Answer>> when adversarial judicial proceedings begin [once formal charges are brought} does a cellmate informant violate the 6th amendment? - Answer>> No, unless he was supposed to illicit incriminating remarks how long does attorney client privilege last? - Answer>> beyond death and after firing what are attorney client privilege limits? - Answer>> there is no privilege if the conversation was about the client committing fraud or a crime what are the elements of false imprisonment - intentional tort - Answer>> when a reasonable person would feel they cannot leave rules for merchants to hold someone [shoplifter] - Answer>> must be for a reasonable time, conducted in a reasonable manner, and be based on a reasonable belief of theft

do merchants have a privilege to detain? - Answer>> yes, if there is a reasonable ground to suspect one is stealing what is the scope of the state police power? - Answer>> the state has the right to require the licensing of any group who deals with the general public (even hookers)

🎉 Thank You for Your Purchase! 🎉

📚 Your Assignment Handlers 🎓 🌟 Unlock Your Academic Success with Expert Support! 🌟 We're thrilled to be a part of your academic journey. Whether you need help with essays, ✍ Assignments, 🎉 Exam Prep, 📚 Study Guides, 🎉 Coursework Assistance, Online Class Support🎉 , or any Academic writing Tasks , we've got you covered! Our services include Essays ✍🎉, Research Papers 🎉 🔍 , Reports 🎉 📈 , Theses and Dissertations 🎓📚 , Annotated Bibliographies 📚 🎉 , Critical Reviews 🎉🎉, and Proposals 🎉🎉. No matter what you need, we're here to support your success every step of the way! 🌟 🎉 Need Assistance? Our inbox is open 24/7! 🌟 Contact Us https://payhip.com/YourAssignmenthandlers/contact 🌟 Email: Hybridgrades101@gmail.com 🎉 Explore More Academic Support Services: Visit our Website https://payhip.com/YourAssignmenthandlers to discover a