MS Bar Multistate Bar 3

Question 1

Under the MBE, a police officer arrests a suspect without a warrant. For the arrest to be constitutional, the officer must have:

Accepted Answer

Probable cause to believe the suspect committed a felony

Answer

Reasonable suspicion the suspect might be involved in crime

Answer

A warrant issued within 24 hours of the arrest

Answer

Witnessed the suspect committing a misdemeanor

Question 2

In a products liability action based on strict liability in tort (Restatement Second §402A), the plaintiff must show the product was:

Accepted Answer

In a defective condition unreasonably dangerous when sold

Answer

Negligently manufactured by the defendant

Answer

Modified by the defendant after sale

Answer

Purchased directly from the manufacturer

Question 3

On the MBE Contracts essay, when both parties are mistaken about a material fact at the time of contracting, the contract is generally:

Accepted Answer

Voidable at the election of the adversely affected party

Answer

Void and unenforceable

Answer

Enforceable as written since both parties agreed

Answer

Reformed by a court to reflect the true intent

Question 4

Under the MBE, which hearsay exception covers statements made for the purpose of medical diagnosis or treatment?

Accepted Answer

Statement for medical diagnosis or treatment

Answer

Present sense impression

Answer

Excited utterance

Answer

Business records exception

Question 5

Under MBE Property, joint tenants hold with the right of survivorship. Which act by one joint tenant destroys the survivorship right?

Accepted Answer

Conveying one's interest to a third party

Answer

Leasing the property to a third party

Answer

Mortgaging the property in a lien theory state

Answer

Failing to pay one's share of property taxes

Question 6

Under MBE Constitutional Law, the Eleventh Amendment generally bars suits in federal court against:

Accepted Answer

State governments by citizens of another state

Answer

Federal agencies acting under color of state law

Answer

Municipal governments by their own residents

Answer

Federal officers acting in their official capacity

Question 7

A defendant charged with burglary under the common law definition must have broken and entered a dwelling house of another at nighttime with intent to commit a:

Accepted Answer

Felony therein

Answer

Misdemeanor therein

Answer

Battery therein

Answer

Trespass therein