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

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:

Accepted Answer

In a defective condition unreasonably dangerous when sold

Answer

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:

Accepted Answer

Voidable at the election of the adversely affected party

Answer

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?

Accepted Answer

Statement for medical diagnosis or treatment

Answer

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?

Accepted Answer

Conveying one's interest to a third party

Answer

A joint tenant who conveys their interest to a third party severs the joint tenancy as to that share, destroying the right of survivorship.

(MS Bar) Mississippi Bar Exam Practice Test

(MS Bar) Mississippi Bar Exam Practice Test

MS Bar Multistate Bar 3