MS Bar Multistate Bar 5

Question 1

Under MBE Criminal Law, voluntary intoxication is a defense only to:

Accepted Answer

Specific intent crimes

Answer

Voluntary intoxication may negate the specific intent required for specific intent crimes, but is not a defense to general intent or strict liability crimes.

Question 2

Under MBE Contracts, when a party to a contract delegates performance duties to a third party, the original obligor:

Accepted Answer

Remains liable unless there is a novation

Answer

Delegation does not release the original obligor; the delegator remains secondarily liable unless the obligee agrees to a novation releasing the original party.

Question 3

Under the First Amendment, which of the following types of speech receives the LEAST constitutional protection?

Accepted Answer

Obscene speech

Answer

Obscene speech, as defined in Miller v. California, receives no First Amendment protection and may be freely regulated.

Question 4

Under MBE Torts, the tort of false imprisonment requires confinement of the plaintiff:

Accepted Answer

Within a bounded area against the plaintiff's will

Answer

False imprisonment requires intentional confinement within a bounded area against the plaintiff's will, accomplished by any means including physical force, threats, or authority.

Question 5

Under MBE Real Property, the recording act that protects a subsequent bona fide purchaser only if they record BEFORE the prior grantee records is a:

Accepted Answer

Race statute

Answer

Under a race statute, the first to record prevails regardless of notice; a pure race statute protects whoever records first.

(MS Bar) Mississippi Bar Exam Practice Test

(MS Bar) Mississippi Bar Exam Practice Test

MS Bar Multistate Bar 5