MS Bar Multistate Bar 4

Question 1

Under MBE Torts, which of the following is true about the defense of assumption of risk in a negligence action?

Accepted Answer

It requires the plaintiff to have voluntarily and knowingly encountered the risk

Answer

It completely bars recovery in all jurisdictions

Answer

It applies only to intentional torts

Answer

It is unavailable where the defendant was grossly negligent

Question 2

Under the MBE, the doctrine of promissory estoppel allows enforcement of an otherwise unenforceable promise if the promisee:

Accepted Answer

Relied on the promise to their detriment and injustice can only be avoided by enforcement

Answer

Provided consideration in exchange for the promise

Answer

Reduced the promise to writing signed by both parties

Answer

Was a third-party beneficiary of a related contract

Question 3

Under MBE Constitutional Law, which standard of review applies to laws that discriminate based on sex?

Accepted Answer

Intermediate scrutiny

Answer

Rational basis review

Answer

Strict scrutiny

Answer

Absolute prohibition regardless of justification

Question 4

Under MBE Evidence, which of the following is NOT a recognized exception to the hearsay rule under FRE 804 (declarant unavailable)?

Accepted Answer

Present sense impression

Answer

Former testimony

Answer

Dying declaration

Answer

Statement against interest

Question 5

Under MBE Real Property, a covenant running with the land at law requires all of the following EXCEPT:

Accepted Answer

Notice to the subsequent purchaser

Answer

Intent that the covenant run

Answer

Touch and concern the land

Answer

Privity of estate between original parties

Question 6

Under the MBE, a criminal defendant's Sixth Amendment right to counsel attaches at:

Accepted Answer

The initiation of formal criminal proceedings

Answer

The moment of arrest

Answer

The first police interrogation

Answer

When Miranda warnings are given

Question 7

A landowner grants an easement to a utility company to run power lines across her land. This easement is best classified as:

Accepted Answer

An easement in gross

Answer

An easement appurtenant

Answer

A license coupled with an interest

Answer

A profit à prendre