FREE Bar Exam MBE (Constitutional Law I) Questions and Answers

Question 1

A psychopathic personality that has a long history of criminal violence frequently relishes the act of brutally brutalizing old
 people through cruel and shocking physical torture. For no apparent reason, he chooses to torture the victim's father.
 Following the assault, the father was taken to the hospital and placed in intensive care. The victim was not present, but learned 
about it through the authorities and read about it in the press. The victim was in excruciating emotional pain and needs medical 
attention. Is it possible for a victim to sue a perpetrator for intentional infliction of mental distress?

Accepted Answer

No, because the victim was not there when the heinous behavior took place.

Answer

Yes, since the behavior was shocking and outrageous.

Answer

Yes, because in cases of torture, the culprit faces strict accountability.

Answer

No, because the perpetrator was unaware of the father's close family.

Question 2

A writer gave a Hollywood producer a four-page summary of a new television series proposal. He sent it in answer to an advertisement
 in an industry newsletter looking for innovative ideas. In a phone conversation with the producer's assistant, he indicated his expectation
 of pay. "Of course, we always pay for a writer's work," she replied. She stated that she would discuss it with her employer to see whether 
he approved. After a few months, the writer came upon a casting call for a new show. His synopsis outlined a plot and characters that
 were remarkably identical to those described in his book. He filed a lawsuit against the production for breach of contract. The producer 
defended himself by claiming that no contract existed.What is the court's most likely decision?

Accepted Answer

Based on the parties' actions, the court will conclude that there existed an implicit in fact contract between them.

Answer

Because there was a meeting of the minds and mutual assent to the basic terms, the court will decide that there 
was an express contract.

Answer

There were just too many terms missing for this to be considered a contract, and the language was far too unclear for
 the court to infer what the terms might have been.

Answer

The court will rule that no consideration was clearly acknowledged, and that the synopsis was treated as a gift to the 
producer under those conditions.

Question 3

Some homeless persons began to live on a strip of land beneath a bridge. A local chemical plant owned the land. The 
squatters did not seek permission, and the corporation did not consider the situation to be urgent. The squatters bathed
 and drank water from a small lake on the site. Two squatters died within days from what was later discovered to be highly
 toxic water from the company's waste discharges. The corporation was well aware that it had a trash disposal issue. The two
 decedents' estates filed a lawsuit against the corporation. Despite the company's contention that the decedents were trespassers, 
are they likely to win their tort claim?

Accepted Answer

Yes, because the owner had an obligation to warn them even if they had trespassed because it knew they were in danger.

Answer

Yes, because the owner was solely responsible for any injuries caused by the lake's hazardous water state.

Answer

No, because an owner never has to be concerned about trespassers' safety.

Answer

No, because the owner bears no duty to trespassers unless he or she acts willfully or recklessly.

Question 4

In federal court, a waitress sued her former employer, a restaurant, under Title VII. She alleged that the business owner had 
sexually harassed her and then fired her without cause. A jury awarded the former employee $100,000 in damages. The 
employer filed a petition to dismiss under Fed. Rule 12(b)(6) two weeks after the court delivered judgment on the verdict, 
arguing that it did not have at least 15 employees as needed under the civil rights statute's definition of "employer." As a result,
 the employer claimed there was no federal subject-matter jurisdiction. The lower court concurred, dismissing the case and 
declaring the decision null and void. Will the appellate court likely affirm the lower court's ruling if the case is appealed to the
 United States Circuit Court of Appeals?

Accepted Answer

No, because this is a challenge to the existence of a cause of action, i.e., a failure to state a claim, which does not go 
to jurisdiction and cannot be brought after the judgment has been rendered.

Answer

Because an appeal court lacks the authority to overturn a lower court's decision that no subject-matter
 jurisdiction existed.

Answer

Yes, because a challenge to jurisdiction can be brought at any time, even after a judgment has been entered, and
 the jurisdictional criteria was not met in this case.

Answer

No, because once a jury verdict is entered, it cannot be amended or attacked.

Question 5

In one state, the state constitution guaranteed the right to marriage to both same-sex and opposite-sex couples. A 
political group got a proposition on the ballot, and a majority of voters decided to take away the right to marry for 
same-sex couples. The proposal had no bearing on any other rights that same-sex couples might have derived from 
state law.People impacted sued the state government for taking away their rights in an unconstitutional and illegitimate 
manner, in violation of the Fourteenth Amendment's due process requirement. Will the court approve the lawsuit's 
requests, declaring the proposition void and restoring the ability to marry for same-sex couples?

Accepted Answer

Yes, no compelling state interest justifies depriving same-sex couples of their fundamental right to marry under 
the due process provision

Answer

No, since the people voted to remove a clause from the existing constitution, which can't be changed
 after it's done by public vote.

Answer

No, because the ballot question was duly placed on the ballot and all statutory procedures were followed, 
rendering the courts unable to intervene.

Answer

Yes, because it would be an illegal invasion of the right to privacy given to everyone under the Fourth Amendment.

Question 6

After drinking for several hours, an extremely drunk man approached another man in a convenience shop and
 demanded $5. The drunk man knocked the customer down and began bashing his head on the floor when he 
refused. The drunk man awoke in jail hours later, with no recall of what had happened. He was charged with 
serious assault, which required specific intent proof. The drunk man requested an additional jury charge of simple
 assault, which did not require specific intent, during his trial. The drunk man was convicted of serious assault when 
the trial court refused to let him go. Will the appeals court likely overturn the conviction and order a fresh trial with
 a charge of simple assault added?

Accepted Answer

Yes, because proof of voluntary intoxication could rule out specific intent, and the jury should be entitled to
 choose the less serious felony suggested by the facts.

Answer

No, because intoxication of one's own accord is never a defense to a crime.

Answer

No, because the violent force of slamming his head into the ground would automatically rule out a simple assault charge.

Answer

Yes, because the lesser charged felony must always be stated in the jury charge in order for the jury to choose
 which crime it believes applies.

Question 7

The “American Morality Leadership Act” was approved by the US Congress and signed by the President, limiting the amount
 of cosmetics that women and men can wear in public and prohibiting the wearing of short dresses. Except when exercising 
or working physically, men over 65 must wear only brown or grey clothing, while those under 65 must wear button down dress 
shirts with neckties. Other limits and requirements for men and women's attire and grooming are included in the Act. On the 
basis of a constitutional issue, a class action lawsuit was brought to attack the Act. Which of the following arguments most closely
 resembles the constitutional argument that is most likely to win in court?

Accepted Answer

The law is unconstitutional because it violates an individual's fundamental rights.

Answer

Because it largely discriminates against women's rights, the law is unconstitutional.

Answer

The law is unconstitutional because it violates Title VII of the Civil Rights Act.

Answer

Because it violates procedural due process, the statute is unconstitutional.

Question 8

A married couple signed a contract to sell their home, stating that they were unaware of any structural flaws in the property. 
The purchasers spotted peeling paint and plaster degradation in a corner of a ceiling near the fireplace prior to closing. They
 also found water marks on the basement's inside walls. The sellers indicated that these were previous issues that had been 
resolved, but they had not yet completed the aesthetic repairs and painting.The parties went to closing to complete the 
transaction. The buyers discovered a virtual flood plain in their basement during their first week in the house, with water 
streaming in at the corner sections around the fireplace. They engaged a contractor who advised them that major structural
 repairs were required. They sued the sellers for fraud, misrepresentation, and implied guarantees of habitability, as well as 
money to repair the property. Do they have a legal basis for suing the sellers?

Accepted Answer

Yes, the evidence suggests that the sellers made deliberately misleading statements about material facts in order
 to persuade the buyers to buy the property.

Answer

No, because under the caveat emptor law, buyers must always buy a secondhand house "as is" and incur the risk
 of any hidden faults

Answer

Yes, the sellers broke the selling contract and must compensate the buyer.

Answer

No, because the facts do not indicate that the dealers intended to deceive.

Question 9

For $1,000,000.00, the buyer ordered a manufacturer to build 100,000 widgets. The buyer wanted to sell them through mail
 order. The buyer's branding had to be imprinted on the widgets. The factory placed an order for raw materials and created a 
new widget mold with the buyer's logo. The buyer required immediate delivery of at least 10,000 units. The purchase was 
hurried, and 10,000 conforming widgets arrived two days later. The buyer paid for the widgets but refused delivery of the other
 90,000.The manufacturer filed a lawsuit, alleging breach of contract and seeking damages. Defendant buyer filed a request to
 dismiss the complaint, claiming that the statute of frauds had been broken because the contract was for more than $500 and
 was therefore invalid under state law. Is the move to dismiss likely to be granted?

Accepted Answer

No, because there is an exception for things specially designed for a buyer.

Answer

No, the "advantage of the bargain" norm will be enforced by the law.

Answer

Yes, by agreeing to an oral contract, the manufacturer did not defend its interests, and it must pay the price 
for its unethical business actions.

Answer

When it comes to items worth more than $500, the statute of frauds must be followed.

Question 10

On July 3, a man was involved in an accident while driving his car. The other driver served him with an injury notification
 and requested compensation. When the man called his insurance company, he was advised that his policy had expired 
on July 2. He had previously received a renewal letter along with a bill with a June 28 due date and a July 2 policy expiration
 date. The notification stated that payment by mail was encouraged, but did not state that renewal was contingent on physical 
receipt of the check. On June 28, he mailed the check and the form to the insurer, but it was not received until July 5. According 
to the firm, the insurance company reinstated the policy on July 5, creating a coverage gap between July 2 and July 5. Will the 
courts likely rule that the coverage was still valid on the day of the accident, July 3?

Accepted Answer

Yes, because the renewal premium was mailed before the expiration date, and the notice did not specify that the check had to be physically received before the renewal could be processed.

Answer

Yes, because an insurance cannot be lapsed for nonpayment without first sending a last 30-day notice of impending lapse.

Answer

No, because the mail box regulation does not apply when an insurance policy needs to be renewed

Answer

No, the man was well aware that the policy would not be renewed if the money was not received by the insurer by the due date of June 28.