Rigos MBE assessment exam
Complete this free exam to assess your MBE knowledge. Answers and rationale are presented at the end of the exam. You can also choose to have your answers sent to your email.
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Max entered a mini-mart store, pulled out a gun, and demanded that the cashier empty the cash register. As he nervously looked around for police, the cashier reached out and attempted to grab the gun. Max then dropped the gun, which accidentally discharged, killing a nearby customer. Max is charged with first degree murder. He will likely be *
1 point
In which situation would a Defendant not be held to the standard of care of a reasonable person? *
1 point
The Evergreen State University charges resident students $1,200 per year and nonresident students $4,800 per year in tuition. The University considered a student a “nonresident” if the student’s primary residence was outside the state at any time during the previous school year. Imma Grant transferred from Sunshine State University to Evergreen State in her junior year and paid nonresident tuition. She filed a declaratory judgment action against the Evergreen Registrar to have her considered a resident and asked for no money damages. Fourteen groups filed amicus briefs in support of Imma, advocating a change in Evergreen’s protectionist regulation. Now that she is a senior and spent the previous year within Evergreen so she is thus now considered a resident student. The federal court should *
1 point
While dining together one night in a crowded restaurant, Billy-Joe confesses to his wife Bobbie-Sue, “Before we were married, I shot a man while robbing his castle.” Police detective Larry Lawman overhears the conversation and arrests Billy-Joe. At Billy-Joe’s murder trial, Bobbie-Sue is called by the prosecution and asked about Billy-Joe’s statement. Which objection will the judge be most likely to sustain? *
1 point
Alice owned Greyacre, a one-acre piece of property, in fee simple. Alice sold the property to Barbara who moved into the only residence on the land. Barbara neglected to record the deed, and three years later, Alice conveyed the same property to Charlene who immediately filed the deed she received from Alice. Greyacre’s jurisdiction has a race-notice statute and a tract index system. If an action is filed for title to the property, the likely outcome would be for *
1 point
Albert Attorney was a solo practitioner in Littletown who operated a general law practice. In 1990, Albert drafted a document for a client’s estate plan that unfortunately violated the rule against perpetuities. Upon the testator’s death in 2004, the mistake was discovered. Because of the error, the estate plan was not admitted to probate so the assets were distributed under the state intestacy statute. Gordon Greedy was named as a substantial taker under the estate plan but did not take under the intestate statute since he was not a relative. The state statute of limitations for professional malpractice is three years. If Gordon sues Albert for professional malpractice in 2005, the best defense Albert can assert is *
1 point
Carol Collector was a serious antique car buyer and was always searching for older Ford Thunderbirds in good shape. She saw a newspaper ad offering a 1964 Thunderbird sports coupe for $25,000, The ad also gave a website address “to view a picture of the car,” which Carol visited, and which showed a T-Bird with a perfect body and interior. Carol paid the $25,000 and signed a sales contract which specified that the Thunderbird was “used and sold ‘as is.’” When Carol went to pick up the car, she learned it was a 1968 model, which was not at all rare and worth much less than the advertised 1964 model. If Carol brings suit against the seller, the likely outcome is for *
1 point
An on-duty Police Officer hears breaking glass and a blaring alarm, and sees Stan run out of a darkened liquor store at 3 a.m. Stan runs around the corner, out of Officer’s view, and hops into a car. Officer sees Stan drive away and pursues, lights flashing. Stan pulls over and Officer arrests him. Officer sees nothing in the passenger compartment but pops the trunk and finds cash and a baseball bat. Stan’s motion to suppress the cash and baseball bat as evidence will likely be *
1 point
Congress enacts a $100 tax on the sale of any handgun to a private individual not for use in law enforcement or military duties. Will this new handgun tax survive a constitutional challenge? *
1 point
Fourth-grader Billy Bully started a fist fight with 10-year-old Jack DeLong. Billy thought Jack was a weakling, but Jack had been working out with weights and knew karate. Ike Intervenor, a large 25-year-old who knew neither party, strolled around the corner of the block in time to see Jack strike Billy twice. Billy fell back and Jack stepped forward to strike him again. Ike thought Jack was the aggressor and to protect Billy, Ike threw Jack into the bushes, accidentally breaking Jack’s arm. Jack brought suit against Ike for his damages. Ike’s best defense is *
1 point
Mike is arrested on suspicion of larceny. After receiving and acknowledging his Miranda rights, he is questioned by Officer. When he refuses to confess, Officer tells Mike that he has connections in the local prison that could make Mike’s life there “unpleasant” if he does not confess. Mike confesses. At trial, the confession is not used in the prosecution’s case-in-chief but is admitted to impeach Mike’s testimony. On appeal, Mike’s conviction will likely be *
1 point
The Farstate Department of Wealth Equality is a state agency dedicated to taking from the rich to give to the poor. The head of the department has promulgated the following hiring rule: “Because the rich are the source of all problems of society and cannot understand the plight of the poor, anyone who has a net worth over $10,000.00 is ineligible for employment with this department.” Immediately, 25 employees in the department are fired due to their net worth above the designated level. They sue the state. Which of the following is the correct analysis and conclusion? *
1 point
Susan Seller mailed a letter to Bobby Buyer after Bobby called her inquiring if her antique 1932 Ford Roadster was for sale. The letter stated, “I want to sell my antique Ford Roadster for a price above $20,000. If you are interested, please contact me.” Three days later Bobby sent a letter to Susan stating “I agree to pay your asking price of $20,000 for the 1932 Ford Roadster.” The next day Susan sold the car to Harriet Higherprice for $25,000. If Bobby brings suit against Susan for breach of contract, the likely outcome is *
1 point
Farmer Fred was the owner of Grapeview Farm, the largest farm in the County of Grapeview. Fred was advised by his gift and estate attorney to begin making annual fractionalized gifts of the property to his children. Fred executed a conveyance instrument, stating the gifts as “one-thirtieth of my ownership interest in Grapeview County, the eastern one tenth of the western corner of the property is hereby given to all my children per capita.” This description of the land to be conveyed is *
1 point
Justin’s estate sues Polly for wrongful death. The estate calls Officer Friendly as a witness who interviewed Polly right after the event. Officer will testify that Polly said, “Oops, I was cleaning my pistol and it went off and shot Justin. I sure was negligent!” Is Officer’s testimony admissible? *
1 point
The Traditional Religion Advocacy Party (TRAP) has successfully lobbied the State of Texarkana for a statute named “Equal Rights for All Religions.” The law requires broadcasters that air segments discussing Christianity to allow equal time for segments on Judaism, Islam, Hinduism, and Buddhism. The American Atheism Association (AAA) has put together a broadcast segment about atheism, rejecting all religions, but four of the five Texarkana stations have declined to air the segment because they believe it would violate the statute. AAA has filed suit against the state, challenging the constitutionality of the statute. What is the strongest argument AAA can make in support of striking down the Equal Rights for All Religions statute? *
1 point
Mort bought a property with a small rental home on it. The next-door neighbor, Tony, shared a concrete driveway that ran between the two houses but was entirely on Mort’s side of the property line. Tony had been using the driveway for the past 25 years, during which time three different owners bought and sold Mort’s house. When Mort applied to refinance his loan, his appraiser found an old survey showing the accurate property boundaries. Upset, Mort filed a suit against Tony for trespass. What is the likely result? *
1 point
Avery, Hewlett, and Packard are dishonest bankers. Avery designed a computer program that secretly moves small amounts of bank money, undetectable as individual transactions, into a secret account to eventually aggregate into a hefty nest egg. Hewlett installed the program; Packard set up the secret account. The three bankers meet periodically to check the account, but they have not yet built up enough of a balance to make a withdrawal. Mac, an honest co-worker, gets wind of the plan and threatens to expose the group. Hewlett pulls Mac into a bank vault room and warns, “You’d better be quiet about this or you’re gonna get it.” Packard gets wind of the threat and decides things have gone too far. Packard closes the account and goes to the police station, where he tells an inspector the whole story. Meanwhile, Avery secretly “borrows” a bank computer to monitor the progress of his program from home. Impressed with how fast it downloads, Avery decides to keep the bank’s computer. As Packard wraps up his story with the inspector across town, Hewlett punches Mac in the face as “a reminder to be quiet.” Avery, Hewlett, and Packard are arrested later that evening. With respect to taking the computer, Avery can be charged with *
1 point
Daylight Corp. manufactured, assembled, and marketed a steel cutting press designed to cut aluminum sheets into can covers. In 2002, Goodboy Beverages purchased Daylight’s deluxe cutting press model for $20,000. In 2002 and 2003, Daylight received a few complaints that other cutting press customers had experienced hazardous malfunctions. In response, Daylight created a safety device and offered it for $5,000 in a brochure sent to all their customers that mentioned that a few users had been injured in using the cutting press model. Goodboy received the brochure but did not buy a $5,000 safety device. In 2004, a Goodboy worker was injured by the press. At trial, Daylight argued that if Goodboy had purchased the safety device the injury would not have occurred and moved for a directed verdict. The court should *
1 point
Jones is arrested for driving under the influence of a controlled substance, marijuana. The prosecution wishes to introduce a videotape from a pot party Jones left just before his arrest. The recording shows Jones exhaling a giant cloud of smoke and stating, “that’s really great weed, man.” Jones testifies on his own behalf, “I’m an honest person. I absolutely did not drive erratically.” On cross-examination, the prosecutor asks, “Isn’t it true you lied in your divorce trial last year?” If Jones’ attorney objects, the court will likely hold the prosecutor’s question is *
1 point
Ethyl Entertainer contracted with Grenda Gardener to provide daily flower arrangements for Ethyl’s monthly tea and bridge parties. Both parties signed an agreement for 24 months at $20 per month, which stated “Any change to this contract must be written.” The contract proceeded; Grenda appeared each month with a suitable bouquet, and Ethyl paid her $20 cash. After 15 months, the market price of flowers skyrocketed. Grenda telephoned Ethyl and said she had to raise the price to $25 per month. Ethyl agreed to the increase but insisted on paying for all the flowers at the end of the nine months left on the agreement. After the final nine months, Ethyl refused to pay Grenda more than $180. If Grenda sues Ethyl, the court will most likely to find *
1 point
New York State has a criminal statute making it illegal to knowingly interfere with the operation of government with malicious intent. Corry is a computer hacker, who shut down the New York government’s website by infecting it with a virus. The virus entered the electronic mail of users and mailed itself to every address listed in each user’s e-mail address book every two hours. The website was crippled for the last week of January. The state passed a law in February clarifying that knowingly infecting the state’s internet server with a computer virus met the definition of interference in the statute. During the subsequent criminal trial against Corry in March, the state asked for a jury instruction based on the statutory computer virus clarification. The defense objects to the instruction. How should the state court judge rule? *
1 point
Doug Dogman had a domesticated golden retriever named Rover. Rover was a good, friendly dog who loved to run and chase cars but had never hurt anyone. One dark evening before the street lights turned on, Rover was chasing cars in the street, and Ginny Grandmother, aged 85, swerved to avoid hitting the dog. As she swerved, Ginny hit a parked car and suffered a head injury. If Ginny brings suit against Doug Dogman under a strict liability theory, the court will likely find for *
1 point
Which of the following is not within the power of a federal subpoena to command a person to do at a specified time and place? *
1 point
Sally Sobriety, owner of Greenacre and Blackacre, was a recovering alcoholic. Sally’s only heir was her daughter Betty Boozer, a heavy drinker. In an attempt to encourage Betty to go on the wagon, Sally conveyed Greenacre to “Friend and her heirs, but if liquor is ever consumed on the property, then to Betty.” Sally conveyed Blackacre to “Associate and her heirs, but if Associate ever consumes alcohol on the property, then to Betty.” One year later, Friend and Associate both began hosting wine-tasting events on their properties, at which they each personally consumed substantial alcohol. Sally was so shocked that she had a stroke and died. The property interests should go to *
1 point
Gary Gamer purchased a computer from Electronic Warehouse Inc. Which of the below facts would be most favorable to Gary if he sought to rescind the purchase? *
1 point
Which reason may constitute sufficient good cause or excusable neglect to enable a litigant to file a late notice of appeal past the 30-day deadline? *
1 point
Loretta Landlord owned a commercial building in a commercial strip surrounded by a residential community. One of her largest spaces was rented on a month-to-month basis at $500 per month by a dance troop which held performances in the facility. The director of the troop moved to New York for a starring role Off-Broadway. Unfortunately, the dance troop was unable to find another dance director, so it folded and vacated the space. Sally Sleazy learned of the closure and decided the location would be perfect for a topless strip joint. Sally rented the space from Loretta under a two-year lease at $1,000 per month without disclosing her intended use of the space. One month after the strip joint opened, the County Commissioners passed a new law prohibiting topless strip joints in that neighborhood. Sally told Loretta the new law made it impossible to operate the business, so she was leaving. If Loretta then sued Sally for breach of the lease contract, the likely outcome is a judgment for *
1 point
There was an accident at a manufacturing plant located in California which state generally allows prevailing parties to collect punitive damages. A worker from Washington was injured at the California plant and she filed suit in federal district court in her home state of Washington. Washington does not generally allow punitive damages. The plaintiff has alleged in their federal lawsuit filed in Washington that they are entitled to punitive damages. The court should: *
1 point
Denise Developer found a near-perfect piece of property zoned commercial in the downtown area of Pleasantville. She hired an architect to design a high-tech office building with an objective of attracting upscale tech-industry tenants. She approached Microhard and secured a lease agreement for over half of the available square footage. The lease was not recorded, but the agreement allowed Denise to attract other wealthy tenants. She also disclosed the Microhard lease on her application for a $1,500,000 construction loan from Maximum Mortgage Company. Denise executed a mortgage and related promissory note in favor of Maximum. Maximum recorded the mortgage immediately.The office building was completed and Denise had more tenant demand than available space, so the building opened full. One year later, Denise ran into financial trouble and defaulted on the mortgage. Maximum took possession and immediately notified all the tenants that their leases were cancelled, that they were evicted, and that they must vacate immediately unless they were willing to sign a new lease at double the previous rent. The recording statute in the jurisdiction specified “every conveyance, encumbrance, or lease not recorded is void as against any subsequent party recording first.” The tenants retained you to compel Maximum to honor the leases at the lower rents. Which of the following statements of advice is the most accurate? *
1 point
Delores was furiously chatting on her cell phone while driving to work. She was so distracted that she ran down Penelope in a crosswalk. The next day, Delores visited Penelope in the hospital and said, “I will pay for all your medical expenses; I am very sorry that I was so negligent.” At trial, Penelope tries to testify about the statement. Upon Delores’ objection, what result? *
1 point
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