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BARBRI MBE QUESTIONS AND ANSWERS

BARBRI MBE PREVIEW DIAGNOSTIC QUESTIONS

4th Amendment: Search and Seizure Ans- Whether search and seizure falls under 4th AM must affirmatively answer all: i. Was the invasion upon an area/item protected by 4th AM ii. Did Government agent 1. Physically intrude protected area/item to obtain information or 2. Violate individual's reasonable expectation to privacy in protected area/item iii.Did individual have authority/standing to challenge government agent conduct? The 4th AM Protects: Ans- 1. Persons (body) 2. Houses (ho...

The defendant was on trial for murder. The defendant called a witness to testify to an alibi. On cross-examination of the witness, the prosecutor asked, "Weren't you on the jury that acquitted the defendant of another criminal charge?" What is the best reason for sustaining an objection to this question? AThe question goes beyond the scope of direct examination. BThe probative value of the answer would be substantially outweighed by its tendency to mislead. CThe question is a lead...

Regulation of the Legal Profession: American Bar Association Ans- No disciplinary authority Membership is Voluntary Regulation of the Legal Profession: "Must" Rules Ans- ABA Model Rules of Professional Conduct (1983) Mandatory Rules Violations are subject to Discipline Displine for Violation of "Must" Rules Ans- 1. Reproval 2. Suspension 3. Disbarment Reproval Ans- Censure or reprimand Mild Discipline Public or Private censure/reprimand Suspension Ans- Prohibited from practic...

BARBRI MPRE Test Questions A lawyer is not permitted to report another lawyers violation of the rules of professional conduct if: - The lawyer learned about the violation through a priviledged communjcation with one of his clients A contingent fee may be valid even if it is: - Not based on the amount recovered by the client T or F: a contingent fee may be oral - False. A contingent fee must be in writing and signed by the client A written contingent fee must state - How the fee is...

MBE BARBRI AND QUESTIONS AND ANSWERS

Regulation of the Legal Profession: American Bar Association - Answer-No disciplinary authority Membership is Voluntary Regulation of the Legal Profession: "Must" Rules - Answer-ABA Model Rules of Professional Conduct (1983) Mandatory Rules Violations are subject to Discipline Displine for Violation of "Must" Rules - Answer-1. Reproval 2. Suspension 3. Disbarment Reproval - Answer-Censure or reprimand Mild Discipline Public or Private censure/reprimand Suspension - Answer-...

Formation of a Corp Ans- People, Paper, Act! People: Incorporators - one or more. Must execute/sign the articles and deliver them to the Secretary of State. Can be an individual or an entity. Paper: Articles of Incorporation: a. Articles are a contract between the corp and shareholders. b. And also a contract between the corporation and the state. Must include: Corporate Name (w/ magic words) Name and address of each incorporator Name and address of each initial director Name of regis...