MBE bar study 4

Question 1

Misappropriation of a person’s likeness requires use of the likeness for _____________ .

Answer 1

commercial advantage

Question 2

An option contract requires _________, similar to any other contract.

Answer 2

consideration

Question 3

Acceptances are tested using what standard?

Answer 3

objective standard

Question 4

Unconscionability will be found where a contract’s terms are found to be _______ .

Answer 4

entirely one sided

Question 5

Is age considered a suspect or quasi-suspect classification?

Answer 5

no

Question 6

__________ has the burden of proof when classifications are analyzed on the rational basis standard.

Answer 6

The challenger

Question 7

Would regulating food containing pesticides be a power that Congress could wield?

Answer 7

yes

Question 8

Notice of a common scheme can be found by ________. ARI

Answer 8

actual notice, record notice, or inquiry notice

Question 9

An implied negative servitude binds prospective landowners even if__________ .

Answer 9

There is no mention of the servitude in their lease.

Question 10

Under modern criminal codes, intent is equated with _______, which is defined as having the ___________ to engage in certain conduct or cause a certain result.

Answer 10

purpose, conscious objective

Question 11

Who has the duty to carry insurance on a property in the event the house is destroyed prior to the closing date.

Answer 11

neither party

Question 12

In civil trial, character evidence is __________ to show that litigant acted in conformity with that character.

Answer 12

inadmissible

Question 13

In a surety contract, consideration may _______ .

Answer 13

Be the same as the original contract

Question 14

In a defamation suit, if the person defamed is a public figure, then the P must prove that the D had ______ and knew his statements were ________ .

Answer 14

actual malice, false

Question 15

In a criminal action, the solicitor is a ____________ to the subsequent crimes committed.

Answer 15

accomplice

Question 16

The Supreme Court has ruled that six member juries must have a ____________.

Answer 16

unanimous verdict

Question 17

One hearsay exception is when the declarant makes a declaration of his existing ________

Answer 17

state of mind

Question 18

Under a valid accord, what happens to the original contract?

Answer 18

It is still active and the party can sue under the original contract.

Question 19

In riparian rights, a person’s use of a creek for irrigation is considered a _________ .

Answer 19

artificial use

Question 20

Lemon test. PEE

Answer 20

purpose, effect, excessive entanglement

Question 21

The Free Exercise Clause does not require the government ____________ for a person whose religious beliefs prevent him from conforming his behavior with the requirements of the law.

Answer 21

to make an exemption

Question 22

When a buyer has a remedy of ___________ , a court of equity will order a seller to convey title if the buyer tenders the purchase price.

Answer 22

specific performance in a land sale contract

Question 23

Republisher of information will remain as a liable as __________ in a defamation action.

Answer 23

original publisher

Question 24

For a contingent remainder, the person must be __________ .

Answer 24

unascertainable at the creation of the interest

Question 25

An accord, like all other contracts, must be supported by _______ .

Answer 25

consideration

Question 26

A physician proposing a course of treatment or a surgical procedure has a duty to provide the patient with enough information about its risks to enable the patient to make an __________ .

Answer 26

informed consent

Question 27

Under a race-notice statute, a bona fide purchaser prevails over others purchasers?

Answer 27

Whomever records their mortgage first

Question 28

Name the case where the state capitol could erect the ten commandments, but only with other monuments.

Answer 28

Van Orden

Question 29

Criminal procedure. Standing definition.

Answer 29

Person must have a reasonable expectation of privacy in the place searched or item seized.

Question 30

A profit is a nonossessory interest in land that entitles the holder of the profit to enter the servient tenement and ___________ .

Answer 30

take the soil or substance of the soil

Question 31

Regarding an appurtenant easement, when transferred will generally _____________

Answer 31

run with the land

Question 32

The redline view holds that the killing of felon by a police officer to prevent the felon's crime or escape cannot be the basis for _______ .

Answer 32

felony murder charge

Question 33

At common law, if a will beneficiary died before the testator, the gift _________

Answer 33

to the beneficiary was void

Question 34

In a trespass to land action, only the person ________ has the right to sue.

Answer 34

actually in possession of the land

Question 35

In civil trials, the marital privilege does not apply to __________ .

Answer 35

actions between spouses

Question 36

The Supreme Court has held that a senator does not have standing to challenge a president's exercise of a line item veto because ___________

Answer 36

injury in fact is institutional toevery member of Congress and not personal.

Question 37

A voidable deed will not be passed on only if ____________ .

Answer 37

the property has not been passed on to a bona fide purchaser.

Question 38

The fifth amendment bars the government from ________

Answer 38

procuring compelled testimony

Question 39

Trespass to land. Consent may be implied by law where action is _____________ .

Answer 39

necessary to save an important interest in person or land

Question 40

To terminate a tenancy, the tenant must be given a full _________ .

Answer 40

period's notice in advance of termination

Question 41

Larceny is a trespass against _______, and not __________, and therefore a person can be convicted of a crime even when taking away property from a person who committed a wrongful act.

Answer 41

possession, ownership

Question 42

Hospital record can only be an exception to hearsay where it is _____________ .

Answer 42

related to the medical treatment or diagnosis of a patient.

Question 43

In a wrongful death action, a potential beneficiary would recover nothing if he ________ .

Answer 43

contributorily negligent

Question 44

In wrongful death action, a person may recover only to the extent that he would have recovered _______ .

Answer 44

Had she lived

Question 45

Juvenile offenses are generally ____________ for impeachment purposes in a civil case.

Answer 45

inadmissible

Question 46

The common law rule is that an automobile owner is ________ for torts committed by another person driving their car.

Answer 46

not liable

Question 47

Standing requires that a party have a _________ in the outcome of the legislation. However, Congress cannot confer _________ .

Answer 47

concrete stake, standing

Question 48

D does not need to intend an __________, for P to charge a battery.

Answer 48

injury

Question 49

The exercise of one's ___________ cannot used against the Defendant at trial.

Answer 49

Miranda rights

Question 50

If a seller ships nonconforming goods and notifies the buyer of an accommodation, then the buyer may _____ or _________ the goods.

Answer 50

accept or reject