FREE Bar Exam MBE (Constitutional Law II) Questions and Answers

Question 1

On a public street, an elderly woman was mugged and robbed. The victim only saw her assailant's eyes
 at the time of the crime. The remainder of his face was hidden by a hooded sweatshirt and a bandana.
 While waiting to be interrogated a few days later, the victim noticed the defendant being led through the 
courts in jail garb and restrained by handcuffs and leg irons. He was soon identified as the offender by her.
 Will the court accept such identification as proof?

Accepted Answer

No, because it is insufficiently dependable, and there was far too much speculation to make an exact identification.

Answer

Eyewitness identification can be unreliable, especially when initial observations are limited and subsequent identification procedures are suggestive. In this case, the victim only saw the assailant's eyes, and then saw the defendant in jail garb and restraints, which is a highly suggestive setting. Such circumstances make the identification insufficiently dependable, as it creates a substantial likelihood of misidentification, thus violating due process.

Question 2

Due to intense agony, a patient who had surgery to correct a spleen rupture got a complete body MRI. 
The technicians discovered at least two distinguishable sponges in her body during the MRI. She needed
 to be admitted to the hospital for more surgery. The patient filed a medical malpractice lawsuit against the
 hospital and the doctor. She failed to present the MRI printouts. Rather, she tried to testify about what she
 saw on the MRI scan. The defense raised an objection and demanded that she present the original MRI 
reports. What is the most likely outcome of the judge's decision on the objection?

Accepted Answer

The MRI records must be produced since they are the best evidence under the best evidence criterion.

Answer

The Best Evidence Rule (or Original Document Rule) generally requires that to prove the content of a writing, recording, or photograph, the original must be produced. Here, the MRI printouts are the 'original' evidence of what the scan showed regarding the sponges. The patient's testimony about what she *saw* on the scan is secondary evidence, and the rule requires the primary evidence (the printouts) unless an exception applies, which is not indicated.

Question 3

A four-year-old tenant's daughter fell from their apartment building's second-floor outside stairwell.
 The renter sued the landlord for the negligent stairwell, step, and railing construction and maintenance.
 The stairwell was designed on a dangerously steep inclination, the steps were loose, and the railing 
was inadequate to prevent the baby from slipping over the edge. The jury determined that the landlord 
was negligent in the design and construction of the stairs, as well as in neglecting to keep the stairs, 
steps, and railing in good condition. The landlord appealed based on his immunity from suit and the 
tenant's inability to state any exception to his immunity. Will the appellate court uphold the jury's verdict 
against the landlord under modern rule?

Accepted Answer

Yes, the modern law states that the landlord, like anybody else, has a responsibility to take reasonable precautions to safeguard its tenants and others from harm caused by a foreseeable danger of harm.

Answer

Under modern landlord-tenant law, the traditional common law rule of 'lessee beware' has largely been abandoned. Landlords now owe a duty of reasonable care to their tenants and others lawfully on the premises. This includes a responsibility to maintain the property in a safe condition and to address foreseeable dangers, such as negligently designed or maintained stairwells, to prevent harm.

Question 4

A police officer in a small town stopped a motorist for speeding. He thought the driver was impatient and 
fidgety, but he couldn't put his finger on why. He checked the car nevertheless and discovered two boxes
 of freshly canned peaches that had been reported stolen from the driver's neighbor's porch 24 hours before.
 According to the state criminal law, he was charged with theft. His plea for the evidence to be suppressed
 due to an illegal search was refused. Will the appellate court likely overturn the lower court's denial of the
 motion to suppress on appeal?

Accepted Answer

Yes, since the search was unconstitutional because the officer lacked probable cause to search the vehicle.

Answer

While a traffic stop for speeding is legal, an officer needs independent probable cause or reasonable suspicion to conduct a search of the vehicle beyond a basic safety check. The officer's subjective feeling that the driver was 'impatient and fidgety' without any other articulable facts suggesting criminal activity does not meet the Fourth Amendment standard for probable cause to search the car. Therefore, the search was unconstitutional, and the evidence should be suppressed.

Question 5

A pizza and Italian food restaurant owner establishes a new site on a street where another restaurant 
owner operates a burger joint. The pizza shop owner notices that sales is slow and blames it on his 
competitor, the burger vendor. The pizzeria proprietor begins to make false claims about the burger
 joint's inferior ingredients, which he claims are causing ptomaine poisoning in some of the restaurant's
 patrons. Can a burger establishment owner sue for conversion if he loses customers and revenue to a
 pizza joint owner?

Accepted Answer

No, because he had no interference with his personal property ownership or possession rights.

Answer

Conversion is an intentional tort that involves the wrongful exercise of dominion and control over the personal property of another, to the exclusion of or inconsistent with the owner's rights. The pizza shop owner's actions, while potentially constituting defamation or tortious interference with business relations, did not involve taking or interfering with the burger joint owner's physical personal property. Therefore, a claim for conversion is not applicable.

Bar Exam Practice Test

Bar Exam Practice Test

FREE Bar Exam MBE (Constitutional Law II) Questions and Answers