MBE 30 Set Exam Questions With Correct
Answers
A horse breeder offered to sell a colt to his neighbor and they agreed on a purchase price. The
horse breeder subsequently received a letter from the neighbor thanking him for the sale and
summarizing their agreement. The letter contained the neigh...
A horse breeder offered to sell a colt to his neighbor and they agreed on a purchase price. The
horse breeder subsequently received a letter from the neighbor thanking him for the sale and
summarizing their agreement. The letter contained the neighbor's alleged signature. When the
horse breeder attempted to set up transfer of the colt, the neighbor denied that she agreed to
purchase it. In a breach of contract action against the neighbor, the horse breeder offers into
evidence the letter. The horse breeder testifies that he is familiar with the neighbor's handwriting
and recognizes the signature on the letter as being hers.
Assuming appropriate objection by the neighbor, who claims that she did not sign the letter, how
should the trial court rule on the admissibility of the letter? - answer✔✔Admit the letter but
instruct the jury that it is up to them to decide whether the letter is authentic.
Using his cellphone, a witness recorded a speeding driver hitting a pedestrian. The witness sold
the recording to the driver. The driver then gave the recording to his attorney. After the
pedestrian filed suit against the driver, the pedestrian sent a discovery request to the driver
requesting that he produce "all items that show or describe the accident."
Which of the following best describes whether the driver must provide the video, or a copy of it?
- answer✔✔The driver must provide the video because it is relevant to the pedestrian's claim.
An electronics company sued a competitor in federal court for patent infringement, alleging that
the competitor had copied several aspects of the electronic company's latest smartphone model.
The competitor plans to defend the lawsuit but is worried about being forced to reveal
confidential research and development information. The parties scheduled a conference under
Rule 26(f) of the Federal Rules of Civil Procedure. At the conference, the parties are to discuss
whether they need a court order protecting trade secrets and other related confidential
information.
Is this a proper discussion for a Rule 26(f) conference? - answer✔✔Yes, because the parties
must discuss their discovery plan during a Rule 26(f) conference.
A week after the close of discovery, the plaintiff filed a motion for summary judgment on the
issue of whether the defendant was negligent. With the motion, the plaintiff filed (i) his own
sworn affidavit, which stated that the traffic signal was green as he entered the intersection; (ii)
an affidavit of a witness who was driving the car behind him, which stated that the witness saw
the entire incident and that the plaintiff's traffic signal was green as he approached and entered
the intersection; and (iii) an affidavit of another witness, which stated that she saw the entire
incident and that the defendant's signal had been red for several seconds before the defendant -
answer✔✔Grant the motion, because the plaintiff has supported his motion with substantial
evidence and the defendant has failed to produce admissible evidence that contradicts the
plaintiff's evidence.
A plaintiff sued an auto manufacturer for negligence after a car accident involving the plaintiff's
car that was made by the auto manufacturer. Sixty days after service of the complaint and 40
days after service of the manufacturer's answer that contained no counterclaim, the plaintiff filed
a motion seeking to file an amended complaint adding a claim for strict products liability against
the auto manufacturer stemming from the same incident. The statute of limitations for strict
products liability claims expired one week before the motion was filed.
How should the court rule on the plaintiff's motion? - answer✔✔Grant the motion, because the
amended complaint relates back.
To satisfy a debt owed to a creditor, a son executed and delivered to the creditor a warranty deed
to a large tract of undeveloped land. The creditor promptly recorded the deed. Shortly thereafter,
she built a house on the property and has lived there ever since. The son never actually owned
the land. It belonged to his father, but the father had promised to leave the property to the son.
Later, the father died and his will devised the property to the son. Pressed for money, the son
then sold the land to an investor by warranty deed, which the investor promptly recorded.
Although the investor paid full value for the property, he purchased it strictly for investment and
never visited the site. He therefore did not realize that the creditor was living there, and knew
nothing of the son's earlier deed to the creditor.
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