CAS Multistate Bar Examination (MBE)

Question 1

Which of the following statements best describes the standard of review used by courts when evaluating whether a law violates the Equal Protection Clause of the Fourteenth Amendment?

Accepted Answer

Strict scrutiny is applied when the law involves a suspect classification or a fundamental right.

Answer

Rational basis review is applied when the law involves a fundamental right.

Answer

Intermediate scrutiny is applied when the law involves a fundamental right.

Question 2

In a contract for the sale of goods under the Uniform Commercial Code (UCC), when can a seller properly refuse to deliver goods?

Accepted Answer

When the seller believes in good faith that the buyer will not perform their obligations under the contract.

Answer

When the buyer has made a late payment.

Answer

When the contract contains a non-compete clause.

Question 3

Which of the following is true about the legal definition of "attempt" in criminal law?

Accepted Answer

Attempt requires that the defendant take substantial steps toward the commission of the crime.

Answer

Attempt requires that the defendant actually completed the crime.

Answer

Attempt requires that the defendant's actions must be completed in a manner that results in the crime occurring.

Question 4

Under the Federal Rules of Evidence, which of the following is NOT a recognized hearsay exception?

Accepted Answer

Statements made in the course of a witness’s deposition.

Answer

Statements made by a party-opponent.

Answer

Statements made during the course of a business regularly conducted.

Question 5

What is the primary characteristic of a "fee simple absolute" in real property law?

Accepted Answer

It represents the maximum possible estate one can have in real property, with no conditions or limitations.

Answer

It is a type of leasehold estate that ends after a fixed term.

Answer

It includes a reversionary interest in favor of the original grantor.