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

Assumption of risk requires that the plaintiff voluntarily and knowingly encountered the specific risk that caused the injury.

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

Promissory estoppel under Restatement §90 requires a promise that induced detrimental reliance that was reasonably foreseeable, and injustice can only be avoided by enforcement.

Question 3

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

Accepted Answer

Intermediate scrutiny

Answer

Gender-based classifications are reviewed under intermediate scrutiny, requiring the government to show the law is substantially related to an important government interest.

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

A present sense impression (FRE 803(1)) is available whether or not the declarant is unavailable; it is an FRE 803 exception, not an FRE 804 exception.

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

Notice is required for equitable servitudes, not for a covenant to run with the land at law; the elements for a covenant at law are intent, touch and concern, and privity.

(MS Bar) Mississippi Bar Exam Practice Test

(MS Bar) Mississippi Bar Exam Practice Test

MS Bar Multistate Bar 4