MBE Selected questions - Tx Bar Exam
Questions with Correct Verified Answers,
Already Passed! (Complete & Accurate)
A woman went to an art gallery and falsely represented that she was an agent for
a museum and wanted to purchase a painting that was hanging in the gallery. The
woman and the gallery owner then agreed on a price for the painting to be paid
10 days later, and the woman took the painting. When the gallery failed to receive
the payment when due, the owner called the museum & discovered that the
woman did not work there. The owner then notified the police.
When interviewed by the police, the woman admitted making the false
representation and acquiring the painting, but she said she believed that the
painting had been stolen from her by someone who worked in the gallery.
Is the woman guilty of obtaining property by false pretenses? - ANS ✓A: No, b/c
she believed that the painting belonged to her.
The woman cannot properly be found guilty of obtaining property by false
pretenses b/c, although she made the false statements to obtain property, she
subjectively believed it belonged to her.
C is incorrect. In some jurisdictions, a false pretenses conviction can be based on a
promise to make payment in the future if the promisor had no present intent to
make the future payment. But the promisor must still have the intent to defraud,
which she did not here.
For 22 years, the land records have shown a man as the owner of an 80-acre farm.
The man has never physically occupied the land.
19 years ago, a woman entered the farm. The character and duration of the
woman's possession of the farm caused her to become the owner of the farm
under the adverse possession law of the jurisdiction.
MBE Selected questions - Tx Bar Exam
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MBE
3 years ago, when the woman was not present, a neighbour took over possession
of the farm. The neighbour repaired fences, put up "no trespassing" signs, & did
some ploughing. When the woman returned, she found the neighbour in
possession of the farm. The neighbour vigorously rejected the woman's claimed
right to possession and threatened force. The woman withdrew.
The woman then went to the man & told him of the history of activity on the farm.
The woman orally told the man that she had been wrong to try to take his farm.
She expressly waived any claim she had to the land. The man thanked her.
La - ANS ✓C: The son, because he succeeded to the woman's adverse possession title by
privity of conveyance.
The woman acquired title to the farm by adverse possession. The SOF requires
that the conveyance of the farm be in writing. Thus, the woman's oral statement
was INSUFFICENT to release the title to the man, & the woman validly conveyed
the farm to her son.
The woman's title was an original title & did not derive from the man's title.
Having established title to the farm by A.P. , there is no requirement that the
woman must bring an action to establish title. Thus, she could convey the farm to
her son.
A clerical employee of a city water department was responsible for sending out
water bills to customers. His work in this respect had always been satisfactory.
The employee's sister ran in a recent election against the incumbent mayor, but
she lost. The employee had supported his sister in the election campaign. After
the mayor found out about this, she fired the employee solely because his support
for the sister indicated that he was "disloyal" to the mayor. The city's charter
provides that "all employees of the city work at the pleasure of the mayor."
Is the mayor's action constitutional? - ANS ✓B: No, because the mayor's action
violates the employee's right to freedom of expression and association.
The political views or affiliations of a clerical employee of a city water
department are not relevant to the employee's job, and thus the employee may
not be fired b/c of them.
MBE Selected questions - Tx Bar Exam
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MBE
A is incorrect. A public employee has a prop interest in his or her employment IF
the employee CAN BE FIRED ONLY FOR CAUSE. B/c the clerical employee signed a
charter to "work at the pleasure of the mayor," there is NO PROPERTY interest in
his employment
In the most recent deed in the chain of title to a tract of land, a man conveyed the
land as follows: "To my niece & her heirs and assigns in F.S. until my niece's
daughter marries, and then to my niece's daughter and her heirs and assigns in
F.S."
There is no applicable statute, and the common law Rule Against Perpetuities has
not been modified in the jurisdiction.
Which of the following is the most accurate statement concerning the title to the
land? - ANS ✓D: The niece has a defeasible F.S. & the daughter has an executory
interest.
The niece has a defeasible F.S. b/c of the limitation placed on the estate by the
words "until my niece's daughter marries." If the niece's daughter marries, the
estate in the niece will end automatically & will pass to the holder of the future
interest (the niece's daughter).
The future interest given to the daughter, a grantee, is an executory interest. The
executory interest in this case does not violate the common law Rule Against
Perpetuities, b/c it will be known w/in the lifetime of the validating lives - the
niece and the niece's daughter - whether the condition of marriage has occurred.
C is incorrect. The niece was granted a defeasible F.S. The express limitation was
the marriage of the niece's daughter. If the limitation occurs, the estate transfers
automatically to the niece's daughter. The future interest held by a grantee
following a defeasible estate is an executory interest. Executory interests are subg
to the common law Rule Against Perpetuities; however, the niece and the niece's
daughter are both validating lives and the condition of the marriage either will or
will not occur during their lifetimes. The additional 21 years after the death of all
validating lives is not needed, and the rule is not violated.
MBE Selected questions - Tx Bar Exam
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