MS Bar Multistate Bar 3 — Questions and Answers
Question 1: Under the MBE, a police officer arrests a suspect without a warrant. For the arrest to be constitutional, the officer must have:
- Probable cause to believe the suspect committed a felony (Correct answer)
- Reasonable suspicion the suspect might be involved in crime
- A warrant issued within 24 hours of the arrest
- Witnessed the suspect committing a misdemeanor
Correct answer: Probable cause to believe the suspect committed a felony
A warrantless arrest is constitutionally valid when the officer has probable cause to believe the suspect committed a felony.
Question 2: In a products liability action based on strict liability in tort (Restatement Second §402A), the plaintiff must show the product was:
- Negligently manufactured by the defendant
- In a defective condition unreasonably dangerous when sold (Correct answer)
- Modified by the defendant after sale
- Purchased directly from the manufacturer
Correct answer: In a defective condition unreasonably dangerous when sold
Under §402A, strict liability attaches when a product is sold in a defective condition unreasonably dangerous to the user or consumer.
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:
- Void and unenforceable
- Voidable at the election of the adversely affected party (Correct answer)
- Enforceable as written since both parties agreed
- Reformed by a court to reflect the true intent
Correct answer: Voidable at the election of the adversely affected party
A mutual mistake of material fact renders the contract voidable at the option of the party adversely affected.
Question 4: Under the MBE, which hearsay exception covers statements made for the purpose of medical diagnosis or treatment?
- Present sense impression
- Excited utterance
- Statement for medical diagnosis or treatment (Correct answer)
- Business records exception
Correct answer: Statement for medical diagnosis or treatment
FRE 803(4) provides an exception for statements made for the purpose of medical diagnosis or treatment, regardless of whether the declarant is available.
Question 5: Under MBE Property, joint tenants hold with the right of survivorship. Which act by one joint tenant destroys the survivorship right?
- Leasing the property to a third party
- Mortgaging the property in a lien theory state
- Conveying one's interest to a third party (Correct answer)
- Failing to pay one's share of property taxes
Correct answer: Conveying one's interest to a third party
A joint tenant who conveys their interest to a third party severs the joint tenancy as to that share, destroying the right of survivorship.
Question 6: Under MBE Constitutional Law, the Eleventh Amendment generally bars suits in federal court against:
- Federal agencies acting under color of state law
- State governments by citizens of another state (Correct answer)
- Municipal governments by their own residents
- Federal officers acting in their official capacity
Correct answer: State governments by citizens of another state
The Eleventh Amendment generally prohibits citizens of one state from suing a state government in federal court without the state's consent.
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:
- Misdemeanor therein
- Felony therein (Correct answer)
- Battery therein
- Trespass therein
Correct answer: Felony therein
Common law burglary requires breaking and entering a dwelling house of another at nighttime with the specific intent to commit a felony inside.
MS Bar Multistate Bar 3
Under the MBE, a police officer arrests a suspect without a warrant.
For the arrest to be constitutional, the officer must have: