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MBE BARBRI EXAM QUESTIONS AND ANSWERS
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MBE BARBRI EXAM QUESTIONS AND ANSWERS
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MBE BARBRI EXAM QUESTIONS AND ANSWERSA defendant is on trial for murder. The only evidence linking the defendant to the crime
is some blood found at the scene. The lead detective testifies that an officer took a vial
containing a blood sample that had been retrieved by a crime scene technician and
drove off with it. The officer is now dead. Next, the prosecution presents as a witness a
crime lab chemist. The chemist will testify that he took a vial of blood that contained a
label identifying it as having been retrieved from the subject crime scene, and that he
performed tests that established a match between that blood and a blood sample taken
from the defendant.
Is the testimony of the chemist admissible?
A) Yes, because there has been proper authentication.
B) Yes, because the chemist qualifies as an expert witness.
C) No, because there is insufficient evidence of chain of custody.
D) No, because he did not take the original blood sample at the sc - Answers-C) No,
because there is insufficient evidence of chain of custody.
A cyclist was riding on a sidewalk when someone in a parked car suddenly opened the
door of the car into her path. She swerved to avoid the car door and rode onto a
landowner's property, damaging some plastic lawn ornaments of waterfowl placed in his
front yard.
In a suit by the landowner against the cyclist for the damage to his lawn ornaments,
what is the likely result?
A) The cyclist is liable because she had no privilege to enter onto the landowner's
property.
B) Whether the cyclist is liable depends on whether she was exercising due care.
C) The cyclist is liable for the damage to the lawn ornaments even though her entry was
privileged.
D) The cyclist is not liable for the damage to the lawn ornaments because her entry was
privileged. - Answers-The cyclist is liable for the damage to the lawn ornaments even
though her entry was privileged.
The cyclist is liable for damage to the lawn ornaments even though she had a privilege
to enter the landowner's yard. Pursuant to the privilege of necessity, a person may
interfere with property of another where it is reasonably and apparently necessary to
avoid threatened injury from a natural or other force and where the threatened injury is
substantially more serious than the invasion that seeks to avert it. In cases of private
, necessity (where the act is solely to benefit a limited number of people rather than the
public as a whole) the defense is qualified, so that the actor must pay for any injury she
causes. Apparently the only way to avoid this injury was to swerve onto the landowner's
yard. Thus, the cyclist was privileged to enter the yard. However, because this is a
private necessity situation, she will be required to pay for the damage she caused to the
lawn ornaments
The owner of a factory that uses widgets in making its product and a widget maker
entered into negotiations over the telephone and, after a time, reached a general
understanding that the factory owner would buy widgets from the widget maker.
Following their conversation, the widget maker sent the factory owner a contract, which
he had already signed, agreeing to sell 1,000 widgets to the factory owner for a total
contract price of $10,000. Upon receipt of the contract in the mail, the factory owner
signed the contract and deposited an envelope containing the contract in the mailbox
located in front of his workplace.
Before the widget maker received the contract, the factory owner had a change of heart.
He telephoned the widget maker and told him that he could not afford to buy the widgets
he had ordered, and he was "not interested in that contract we talked about." The
widget maker replied, "That's all right, I under - Answers-Yes, because the acceptance
occurred prior to rejection.
The contract is enforceable because the mailbox rule applies here. Acceptance by mail
creates a contract at the moment of posting, properly addressed and stamped, unless
the offer stipulates that acceptance is not effective until received, or an option contract
is involved. If the offeree sends an acceptance and then rejects the offer, the mailbox
rule applies; i.e., a contract is created upon dispatch of the acceptance. Because no
option contract is involved here, and the widget maker's offer did not state that the
factory owner's acceptance would be effective only when received, his acceptance was
effective the moment he placed the envelope containing the contract in the mailbox. His
attempt to reject occurred after acceptance took place. Thus, a valid contract was
formed and the widget maker may enforce it
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