MBE Critical Pass Practice Test

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• During grand jury proceedings, when are Miranda warnings required?
• What elements must be satisfied for adverse possession?
• Which statement correctly distinguishes intended beneficiaries and incidental beneficiaries in contract law?
• In criminal cases, which statements describe the admissibility of character evidence for the defendant and the victim?
• What must be shown for a defendant to have standing to challenge a search or seizure under the Fourth Amendment?
• Recorded recollection is a hearsay exception; it may be admitted when which condition is met?
• What are the elements required to establish the crime of attempt?
• Which factors are considered in determining if jurisdiction is fair for personal jurisdiction?
• In self-defense, is there a duty to retreat before using force?
• Which of the following is an example of a main specific intent crime?
• Which statement describes the effect of a superseding factor on proximate causation?
• Under the chain-breaking doctrines, which methods can allow admission of illegally obtained evidence?
• The mental state 'knowingly' in criminal law is defined as which standard?
• Which of the following is listed as a main specific intent crime?
• Can police search the trunk of a car incident to a lawful arrest of the driver?
• If a buyer in an insolvent state stops paying to the seller under a UCC contract, what remedy is available to the seller?
• What is true about peremptory challenges in jury selection?
• In self-defense, which statement about proportionality of force is correct?
• What rules govern authentication and the best evidence rule?
• What is the core objective of an interpleader action?
• A co-defendant's confession that implicates the defendant is inadmissible in which setting?
• Which statement best describes probable cause and the warrant requirement?
• When police use force to effectuate an arrest, to what extent may they use non-deadly force?
• Which statement accurately describes a fee simple subject to an executory interest?
• What is proximate cause for criminal law purposes? what could negate proximate cause?
• What damages are recoverable for breach of contract, and what duty to mitigate applies?
• Do witnesses have a right to counsel inside a grand jury?
• What is required for a plain view search to be valid?
• Which scenario constitutes involuntary intoxication?
• Which of the following is an exception to the general requirements for creating an equitable servitude?
• Which defenses are recognized for a specific-intent crime?
• What level of scrutiny applies to a law that discriminates on the basis of content in speech or other protected status, and what must the government show?
• What duty does a landlord have with regard to latent defects? If the landlord makes a repair, what standard will apply?
• Under the theory of assault as a threat, what conduct completes the offense?
• Which statement about the particularity requirement for warrants is accurate?
• Which item is listed as a main specific intent crime along with others?
• In contract enforceability, capacity and legality matter for enforceability. Which is closest to this idea?
• What happens if prosecutors seek an indictment from a grand jury based on evidence obtained in violation of the exclusionary rule?
• For double jeopardy purposes, in a jury trial, jeopardy attaches at what point?
• What is required to detain someone at the border?
• A judge may direct a verdict in which direction?
• What is the practical consequence of being an incidental beneficiary?
• In the crime of attempt, which description is correct?
• In defense of others, which rule applies?
• What doctrine excuses performance when unforeseen events make performance impracticable or impossible?
• In the creation of an equitable servitude, which statement about notice is correct?
• Can illegally obtained evidence impeach a non-defendant witness?
• Which statement best differentiates procedural due process from substantive due process?
• What is the standard of care expected of a professional in their field?
• What type of prior conduct may be admissible as evidence of habit?
• Under what circumstances may police use deadly force to effect an arrest?
• What is hearsay, and is it admissible?
• If police attempt to arrest a suspect in public and the suspect flees into a private dwelling, under hot pursuit when may the police enter?
• What is a life estate and what happens to the property after the life tenant dies?
• Which statement is true about felony murder and the underlying felony, particularly regarding defenses?
• What is interpleader?
• Which statement correctly describes conspiracy?
• Under Shelley's rule, if a conveyance gives a life estate to grantee with remainder to grantee's heirs, what is the result at common law and how would modern rules treat this?
• What is required for someone to effectively withdraw from a crime such that they are not liable as an accomplice?
• Which statement about contract clause scrutiny is true?
• Larceny cannot arise for which type of property?
• Which two conditions must be met for a communication to be protected by attorney-client privilege?
• Which statement is a requirement for applying res ipsa loquitur?
• Under the Model Penal Code, withdrawal is allowed if the withdrawing party what?
• Which of the following is listed as a main specific intent crime?
• Who presents cases to the grand jury, which votes to indict if they find probable cause?
• Which of the following is not one of the four unities required for a joint tenancy?
• During grand jury proceedings, what rights do suspects have regarding attendance and confrontation?
• What is true about the solicitation to commit a crime if the solicitee agrees to commit the crime?
• Which statement best describes the Sixth Amendment right to counsel?
• Under the Sixth Amendment, a defendant has the right to be present at which of the following?
• Which constitutional provision guarantees the right to a jury trial for serious offenses?
• Which of the following is NOT a requirement for witness competency?
• Diversity jurisdiction requires complete diversity of citizenship. What does complete diversity mean?
• What must the effect of creating or altering a document be for forgery to occur?
• Defenses relate to tort liability for negligence and strict liability alternatives?
• What are the two main bases for federal subject matter jurisdiction in civil cases, and what is required in each to maintain jurisdiction?
• Which classifications receive rational basis review in equal protection analysis?
• If a defendant commits a killing during an alleged robbery, but is found not guilty of the robbery, can he be guilty of felony murder based on the robbery?
• What rights does a defendant have to challenge potential jurors at trial?
• Which statement best describes the work product doctrine?
• Can illegally obtained evidence be used to impeach a witness at trial, and can it impeach a non-defendant witness?
• Diminished capacity defense is available in criminal liability under which description?
• What is the parol evidence rule, and when is extrinsic evidence admissible?
• If a life estate is created with no named remainder, which outcome is correct?
• At the border, routine searches do not require which of the following?
• What requirements must be satisfied for a recorded recollection to be read into evidence?
• According to the material, when does the right to counsel attach during police interrogation?
• Under the Model Penal Code, what qualifies as a substantial step toward the target crime?
• Which doctrine explains the reduction from murder to voluntary manslaughter when the defendant's self-defense was imperfect?
• What are the four unities required for a joint tenancy, and what is the right of survivorship?
• Under accord and satisfaction, if the creditor accepts the new performance, what is the legal effect?
• In adverse possession, what does open and notorious mean?
• With valid consent, police may search what?
• Under removal rules, which scenario would prevent removal under diversity?
• Which amendment provides selective incorporation to apply certain constitutional rights against the states?
• Stop and frisk allows police to detain a person for an investigative purpose only if they have what?
• What are the elements of IIED (intentional infliction of emotional distress)?
• Under the Sixth Amendment, a 'serious offense' is typically defined as one with potential imprisonment for more than how many months?
• Which statement correctly describes the elements of common law murder?
• Which statement correctly distinguishes extortion from robbery?
• When does continuing trespass become larceny?
• What happens if the grand jury finds probable cause?
• What role does a forum state's interest play in determining whether exercise of PJ is fair?
• What is the general effect of the Commerce Clause on state regulation of interstate commerce, and what does preemption mean?
• The search incident to arrest is limited to which area?
• Under the 'independent source' doctrine, illegally obtained evidence is admissible if there exists what?
• What do the attorney-client privilege and the work product doctrine protect?
• What rights arise when one party anticipatorily repudiates a contract?
• What are the requirements for valid consent to search?
• Extortion is defined as obtaining property through which means?
• Under interpleader, what happens to the disputed property while the dispute among claimants is resolved?
• Under common law, is withdrawal from a conspiracy effective as a defense to liability for the target offense?
• Can a judge direct a verdict of guilt?
• Is a warrant required for an emergency arrest occurring in the arrestee's home?
• Which of the following is NOT an element of negligence?
• When are Miranda warnings required?
• Which of the following statements lists recognized hearsay exceptions?
• Would someone's handwriting on a government-required form be protected under the 4th amendment? Why or why not?
• What is the distinguishing factor between larceny by trick and false pretenses?
• Constructive eviction occurs when which statement is true?
• Which statement correctly describes the contract clause's treatment of private vs government contracts?
• When can a failure to act constitute actus reus for a given crime?
• Exigent circumstances exist allowing warrantless search or seizure in which situations?
• Under the sale of goods rules, when can a seller cure a defective delivery after the buyer has notified?
• The Eighth Amendment bars what type of punishment?
• Which term refers to theft accomplished by trickery?
• To prevail on an ineffective assistance claim on appeal, what must the defendant show?
• What are the elements of negligence?
• What is the standard theory of product liability under strict liability, and what must the plaintiff prove?
• What is the doctrine of res ipsa loquitur, and when does it apply?
• In federal court, are grand juries required to determine probable cause to bring charges?
• How are damages usually calculated when a warranty is breached?
• If police validly hold someone outside their home in order to quickly get a search warrant, is this an arrest or detention?
• What term describes a future interest that divests a preceding estate upon the occurrence of a stated event?
• To what extent can a plaintiff bring new claims against a third-party defendant joined through impleader?
• What does the Necessary and Proper Clause authorize Congress to do?
• Which contracts fall within the Statute of Frauds according to the material provided?
• Indictment by a grand jury is based on what standard?
• What are the act and mental-state requirements for the inchoate offense of attempt?
• Felony murder is a killing caused during the attempt or commission of what type of felony?
• Exclusionary rule does not apply to which proceedings?
• Which inchoate offenses merge with a completed offense?
• What contracts fall within the Statute of Frauds, and what form is required?
• In landlord-tenant law, which scenario imposes a duty to disclose latent defects?
• Which elements must be shown for the business records exception to apply?
• For a bench trial, jeopardy attaches at which point?
• Who holds the future interest when a conveyance uses a shifting executory limitation?
• A co-defendant's confession implicating another defendant is admissible in which setting?
• Content-based restrictions on protected speech are reviewed under which level of scrutiny?
• Can an intended beneficiary sue to enforce a contract?
• What does incorporation mean and how is it applied to the Bill of Rights?
• When anticipatory repudiation occurs, which option is available to the non-repudiating party?
• How do notice, race-notice, and pure race recording statutes differ?
• Which statement accurately describes the contract clause's effect?
• If parties to a contract agree to accept different performance but performance has not yet occurred, is this accord, a satisfaction, or both?
• What is the main difference between extortion and robbery?
• Which scenario automatically establishes a reasonable expectation of privacy in the premises to be searched?
• In a post-conviction sentencing proceeding, does the prosecution's duty to disclose exculpatory evidence apply?
• Under what condition is knock-and-announce not required when executing a search warrant?
• In diversity cases, what is the minimum amount in controversy required to satisfy jurisdictional limits?
• Which tort involves using the legal system as an ulterior purpose to threaten or act against a plaintiff?
• Regarding defenses to strict liability, which statement is accurate?
• If a diversity jurisdiction case is filed in state court in the defendant's home state, to which federal districts can the defendant remove?
• Which statement about insanity tests is accurate?
• In federal courts sitting in diversity, which doctrine governs whether state substantive law or federal procedural law applies?
• When must a search warrant be executed once issued?
• When is notice to an adverse party not required for a temporary restraining order?
• Under larceny, when can a finder of a lost item be criminally liable?
• Under the Fourth Amendment, when can private conduct be treated as government conduct?
• Which statement is not a required element for attorney-client privilege?
• Under common law, can there be a conspiracy where only one person has the requisite criminal intent?
• Which statement best reflects the concept of preemption in federal law?
• What governs the scope of discovery under the Federal Rules, and what principles limit discovery?
• Which statement best describes the mental state required for a killing to be considered deliberate and premeditated?
• What are the core elements required for a valid contract under common law?
• If a defendant invokes the 5th Amendment privilege and declines to testify, can the prosecution comment on that silence at trial?
• Evanescent evidence and warrantless searches: Which statement is correct?
• What is the general purpose and basic requirement of res judicata (claim preclusion)?
• What must exist for the creation of an equitable servitude?
• What is the entrapment defense?
• In what narrow circumstances can mistake of law be an effective defense?
• Mistake of fact is a defense to which type of crime?
• Which statement best distinguishes voluntary manslaughter from involuntary manslaughter?
• Who may initiate an interpleader action?
• What does the doctrine of strict liability for abnormally dangerous activities require?
• Which best describes a detention under the Fourth Amendment?
• Which of the following is a recognized exigent circumstance justifying a warrantless search?
• What is collateral estoppel (issue preclusion) and when does it apply?
• What does Rule 12(b)(6) address, and how does the court treat well-pled facts and legal conclusions?
• Under the implied covenant of quiet enjoyment, breach can occur by which means?
• How do relevance and 403 balancing affect admissibility?
• Which statement best describes mutual assent in contract formation?
• Can evidence obtained during an illegal search be introduced during grand jury proceedings?
• Differentiating assault, battery, and false imprisonment.
• Which doctrine deals with a defendant’s sufficient contacts with the forum to justify court assertion of jurisdiction, requiring potentially fair play and substantial justice?
• In criminal and civil cases, how is character evidence treated, and what are the main exceptions?
• May police search the contents of an arrestee's cell phone without a warrant?
• Is an attorney's fee agreement with a client protected under the attorney-client privilege?
• Under rational basis review, which statement is true?
• What must a plaintiff show to have standing in federal court?
• Which discovery principle requires that the information sought be proportional to the needs of the case and balanced against burdens, costs, and privileges?
• What is the typical remedy for a violation of the right to a speedy trial?
• What is continuing trespass and at what point can it become larceny?
• What is required for the detention to obtain a search warrant to be lawful?
• What is the standard for summary judgment under Rule 56?
• Which statement about the relationship between solicitation and conspiracy is true?
• Under the doctrine of worthier title, when a grantor creates a life estate in another but creates a future interest in grantor's heirs, which is true?
• What is the significance of Gideon v. Wainwright?
• Can a grand jury indict based on evidence that would be inadmissible at trial?
• What is the knock and announce requirement with regard to executing a search warrant, and what is the exception?
• If an attorney represents an organization as a client, to whom does the attorney-client privilege apply?
• The MPC insanity test combines which two standards?
• Which theory controls the negotiation and enforcement of plea bargains?
• Which item is included in the Statute of Frauds as described?
• Which description best defines depraved or malignant heart murder?
• Can prosecutors grant immunity in exchange for potentially incriminating grand jury testimony?
• Which statement best describes derivative-use immunity?
• If a criminal defendant introduces evidence of good character, what is a permissible form of rebuttal?
• A remainder is contingent if created in favor of which type of person?
• Can a plaintiff who dismissed his case without leave of court file the claim again?
• What test governs a state’s authority to exercise personal jurisdiction over a nonresident, and what is required for due process?
• An accomplice is liable for which of the following crimes?
• What are the tiers of scrutiny under equal protection and when is strict scrutiny applied?
• The right to a speedy trial is guaranteed by which part of the Constitution?
• Which statement correctly lists the four required elements for witness competency?
• Diminished capacity defense is usually limited to which crimes?
• Under hot pursuit, which scenario accurately reflects the rule for entering a private dwelling?
• Which conditions allow non-deadly force in self-defense?
• Which circumstance triggers the requirement for Miranda warnings?
• Which scenario automatically confers a reasonable expectation of privacy under the premises to be searched?
• Voluntary manslaughter is a killing resulting from which of the following?
• When a document is used to refresh a witness's memory during testimony, which statement is true?
• Which of the following is NOT an element of adequate provocation for voluntary manslaughter?
• How is the insanity defense typically evaluated?
• To be liable for the inchoate crime of solicitation, at what point is solicitation a completed offense?
• For a search to be valid as a search incident to arrest, which requirement must hold?
• If the defendant is 9 years old, what is the effect of the infancy defense?
• Which statement correctly states the elements of conspiracy?
• Under the UCC, when must a contract modification be in writing?