Exam (elaborations)
MBE BARBRI AND QUESTIONS AND ANSWERS
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MBE BARBRI AND QUESTIONS AND ANSWERS
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MBE BARBRI AND QUESTIONS AND ANSWERSTo better reflect the age range of its citizens, a city council passed an ordinance
providing that no city employee could be hired or promoted unless that employee had
reached the age of 55. A 25-year-old city mechanic in the lower pay classification had
recently finished first on a promotional exam for the senior mechanic position, which
would entitle him to a substantial increase in pay. His supervisor told him that, under
instructions from the head of the city administrative office, a 56-year-old city mechanic
who scored lower on the exam would be promoted to the position instead.
If the mechanic brings an appropriate action in federal court to challenge the ordinance,
which party would bear the burden of proof? - Answers-The mechanic, to prove that the
challenged ordinance is clearly arbitrary and irrational.
Congress created a seven-member safety commission to investigate and make
recommendations to Congress for new fireworks safety laws, to make further rules for
establishing safety and performance standards, and to prosecute violations of these
safety standards. The chairman of the commission was appointed by the President.
Three members were selected by the Speaker of the House of Representatives, and
three members were selected by the President pro tempore of the Senate. An
organization with proper standing seeks to enjoin enforcement of the commission's
rules.
Which of the following presents the strongest constitutional argument that the
organization can make against the validity of the commission? - Answers-The
commission lacks authority to enforce its standards because some of its members were
appointed by Congress.
A woman was crossing the street at a crosswalk, but did not look both ways. The
woman was hit by a truck, and immediately afterwards, she was struck by a car. As a
result of these collisions with the vehicles, the woman suffered severe injuries. Although
it was impossible to determine which portion of the woman's injuries was caused by the
driver of the car and which was caused by the truck driver, at the trial of the woman's
suit, the jury determined that the driver of the car was 20% negligent, that the truck
driver was 40% negligent, and that the woman was 40% negligent. It was further
determined that the woman had suffered $100,000 in damages. The woman had
already received $10,000 from her group medical insurance plan. The driver of the car
had a $500,000 auto liability insurance policy, and the truck driver is now insolvent.
How much will the woman recover in damages from the driver of the car? - Answers-
$60,000.
Suspecting criminal activity, a police officer acting without a warrant peeked through a
small opening in the shutters of an apartment. The officer observed the apartment's
tenant and the defendant making methamphetamine. The officer immediately entered
the apartment and arrested the tenant and the defendant, and he confiscated the
,ingredients for the methamphetamine, the tools used for methamphetamine production,
and any completed methamphetamine for evidence. The search is later ruled invalid at
a suppression hearing.
May the defendant now claim that her Fourth Amendment rights have been violated by
the seizure of the ingredients, tools, and methamphetamine from the apartment? -
Answers-Yes, if she was an overnight guest of the tenant.
The owner of a small computer consulting firm was attending the annual trade meeting
of the computer industry and spoke with the owner of a second consulting firm about
doing joint projects. The owner of the second firm replied by rejecting the idea
immediately, stating that she believed that the first owner was incompetent. A sales
representative of a computer supply firm overheard the remark. The owner of the first
firm sued the owner of the second firm for defamation.
If the first owner does not prevail in this lawsuit, what will be the likely reason? -
Answers-It was not reasonably foreseeable that the second owner's remark would be
overheard.
A national fast food franchisor filed an action against one of its franchisees, alleging
breach of contract. Both parties are corporations. The franchisor alleged that the
franchisee had failed to pay the franchisor the requisite percentage of the franchisee's
profits as required by the franchise contract. The franchisor timely served on the
franchisee corporation a notice of deposition, which named the franchisee corporation
as the deponent and which stated that the deposition would inquire into the accounting
methods and accounting records of the franchisee corporation.
How should the defendant franchisee corporation respond to the fact that the notice of
deposition does not name a person to be deposed? - Answers-It should designate a
person who will testify on its behalf about its accounting methods and accounting
records.
A homeowner returned home from work one day to find a robber in her living room.
After a brief physical altercation, the homeowner ran to a bedroom, hid in a closet, and
called 911 on her cell phone. Police officers arrived in less than two minutes and were
able to apprehend the robber as he tried to run out the front door. Once they made sure
he was locked in the police car, one of the officers went to speak with the homeowner
about what had happened. She was still crying and shaking when the officer found her,
and she said, "Thank you for catching him! He punched me in the head as I was running
away!" The robber was charged with robbery and assault. Traumatized, the homeowner
left the country and cannot be traced, despite the efforts of the prosecutor. The
prosecutor intends to call the officer to testify as to the homeowner's statement.
Should the court allow the officer's testimony? - Answers-No, because admitting the
homeowner's statement would violate the defendant's constitutional rights.
, An investor owned two adjacent lots in a downtown area, one fronting directly on a
public street and the other behind the first. The investor ran a small dry cleaning
business on the lot next to the street, and had built a café on the rear lot. Because the
rear lot had no access to any public street, the investor used the parking lot of the dry
cleaning business, which extended from the street all the way back to the rear lot, for
access to the café. The café was only open during the tourist season, from May through
September. After several years, the investor sold the rear lot to a chef by a deed that
granted an easement over the dry cleaning business's parking lot, to be used as an
accessway to the café for the chef and her customers. The chef promptly recorded the
deed.
Two years later, in February, the investor sold the dry cleaning lot to a sub sandwich
franchise. The deed did not mention the easement previousl - Answers-For the chef,
because ownership of the easement gives her the right to use it for access to her lot.
A criminal suspect filed an action in federal district court against the police officer who
arrested him and the city that employed the officer, claiming that the officer beat him
even though he was not resisting arrest. The suspect's action asserted a battery claim
against the police officer and a federal statutory claim against the city for violation of the
suspect's civil rights. The suspect and the police officer are citizens of State A, and the
city in which the arrest took place is in State A. The action seeks $50,000 each from the
police officer and the city.
Does the federal district court have subject matter jurisdiction over either of the claims?
- Answers-The court has federal question jurisdiction over the federal statutory claim
against the city and supplemental jurisdiction over the tort claim against the police
officer.
A park board in a large suburb announced that it was accepting bids for renovation work
on its recreation center. A builder advertised for sub-bids for the electrical work, and a
local electrician submitted to the builder by electronic bidding service a sub-bid of
$130,000. However, due to the bidding service's negligence, the sub-bid that the builder
received from the electrician read $30,000 instead of $130,000. Because this was the
lowest sub-bid that the builder received for the electrical work, and $60,000 less than
the next lowest sub-bid, the builder awarded the subcontract to the electrician. Based in
part on the electrician's sub-bid, the builder came up with a bid for the job that beat out
all of the competition and won the job. - Answers-The builder should have been alerted
to the existence of a mistake in the sub-bid.
In lieu of a snack vending machine, a small company put candy bars into a box in the
office kitchen. Using the honor system, employees were asked to put a dollar into an
envelope in the box if they took out a candy bar. The office manager would periodically
take the money collected in the envelope and use it to purchase new candy. One night
while cleaning the kitchen, the company's night janitor impulsively took all the money
from the envelope. His actions were recorded on the company's newly installed security
camera. The janitor later admitted that he took the money to fund illegal dogfights.
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