CAS Bar CAS Multistate Bar Examination (MBE) 3

Question 1

A defendant is charged with felony murder after his accomplice shot and killed a store clerk during a robbery. The defendant drove the getaway car. Which is the best statement of the defendant's liability?

Accepted Answer

The defendant is liable for felony murder because the killing occurred during commission of the underlying felony.

Answer

Under the felony murder rule, all co-felons are liable for killings that occur in furtherance of the underlying felony, regardless of who pulled the trigger.

Question 2

Police arrest a suspect without a warrant but with probable cause for drug possession. They conduct a search incident to arrest and find heroin. The defendant moves to suppress. Which is the most accurate outcome?

Accepted Answer

The heroin is admissible as a valid search incident to lawful arrest.

Answer

A search incident to a lawful custodial arrest is a recognized exception to the warrant requirement, allowing police to search the arrestee's person and immediate area.

Question 3

On the MBE, which of the following is an element of larceny that distinguishes it from embezzlement?

Accepted Answer

The defendant must obtain initial possession wrongfully (trespassory taking).

Answer

Larceny requires a trespassory taking, meaning the defendant never had lawful possession; embezzlement involves fraudulent conversion of property lawfully entrusted to the defendant.

Question 4

A witness on direct examination testifies that she saw the defendant flee the scene. On cross-examination, defense counsel wants to introduce a prior inconsistent statement the witness made to police. Under the Federal Rules of Evidence (applied on MBE), the statement is:

Accepted Answer

Admissible as substantive evidence if the prior statement was given under oath at a prior proceeding.

Answer

Under FRE 801(d)(1)(A), a prior inconsistent statement made under oath at a prior proceeding is non-hearsay and admissible as substantive evidence.

Question 5

A defendant is tried for murder. The prosecution offers testimony from the victim's wife that the victim said 'I'm afraid the defendant is going to kill me' three days before his death. This statement is:

Accepted Answer

Admissible as a statement of the declarant's then-existing state of mind under FRE 803(3).

Answer

A declarant's statement expressing fear of the defendant is admissible under the state of mind exception (FRE 803(3)) to show the declarant's then-existing mental or emotional state.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Multistate Bar Examination (MBE) 3