Bar: MBE Barbri Final Exam Questions
with Correct Answers (Rated A+) 2025-
2026 Edition.
Using/loaning out a chattel without permission and its damaged causing almost have its value -
Answer Conversion
Remedy is FMV
Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous suits in a
year, it rained on a certain date, date of Independence Day - Answer Birthdate
Gambler owes money and says he'll pay 9/10 of what he owes. You agree. - Answer No
consideration for modification. You can sue for the remainder.
Corporations cannot be found guilty of - Answer Manslaughter/killing under SL
What if a holdover tenant objects to the notice you gave that rent would increase? - Answer
Doesn't matter. He can write on a check that this is the "new rent payment" all he wants. He still
owes what you noticed him that he owes.
Firefighter rule - Answer When firefighter/police are hurt trying to rescue you, they cannot
sue you even if you put yourself in the position of peril
Congress can repeal its own enactments but - Answer It cannot do so when repeal violates a
Q provision (such as impairment of a contract already entered into)
Police in hot pursuit and reasonably believe the guy running committed a felony - Answer
You step in cops shoes. You can trip the fleeing suspect and are not liable for tort.
Ordinance saying no solicitation of charitable contributions without a permit - Answer SC has
struck it down as burden on free speech
Seller agrees to sell car for 20k. Comes back and says his wife with part ownership doesn't allow
for less than 30. BoC? - Answer Yes REGARDLESS of whether or not the buyer knew the wife
had part ownership. The seller should have expressly conditioned the sale upon his wife's
approval.
Defamation and matter of public concern (CEO of major employer in town bad at his job), D
must prove - Answer Actual injury, such as loss of reputation, distress
,Cop can/cannot make a warrantless arrest for misdemeanor? - Answer Cannot unless the
misdemeanor was committed in his presence.
So, if can't arrest, there's no search incident to a lawful arrest
If statute calls for a specific remedy for violation or a procedure for addressing it - Answer It
cannot deprive you of that remedy without DP. PROPERTY INTEREST HERE
D gives alibi of being in a different county. W testifies that D told her her he hasn't been out of
the country in years. What exception? - Answer None, it's an admission by a party opponent.
Could also be a prior inconsistent statement but admission is better bc why go thru the back
door when you can go thru the front.
Philanthropist dedicates park to city and its defectively designed - Answer Ps liability for
negligence is not affected by his dedication of the park to the city
K for services is/is not within the SoF - Answer Is not
What if a K has a no oral modifications clause? - Answer Can be waived this orally modified
so long as consideration (not suing on a breach) is present
Creditor beneficiary
Donee beneficiary - Answer Promisees primary intent is to discharge obligation to 3rd party
(creditor)
Promise was gratuitous
New Party assigned the leasehold interest... - Answer Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease that he
bought into
When the instruction to the jury contains some presumed fact - Answer The judge has to tell
the jury that they MAY but are not required to do so. Jury must know that they must prove all
elements beyond reasonable doubt.
, Reverse and remand if not
Building a ditch from neighbors spring to your crop with permission is - Answer An
irrevocable license if you spent a lot of money in reliance
Not an easement appurtenant
Will devising trust "payable to children by 30 if graduate or to university". Valid under RAP? -
Answer Yes, valid charitable trust bc the children are lives in being when it goes into effect
(at his death) and the trust will vest within 21 years of their death
Charged with involuntary man and murder. Plead guilty to man. Judge dismisses murder and
prosecution objections. - Answer TC should be reversed bc DJ does not bar trial of murder
charge
Bequeath saying "to the school for the life of my wife and then to my children; provided,
however, the school use for education only" - Answer Precatory language
If school violates, their interest doesn't terminate
An injunction will be granted and the damages will be impounded for future distribution
State legislature in his duties gives state/federal funds to all white school. Strongest argument
for legislature? - Answer 10 A prevents the federal gov from interfering with a member of
state legislature in performance of his duties
Buyer sends merchant order. Merchant sends no conforming goods. Breach or counteroffer? -
Answer Breach
Buyer can accept or reject and sue for damages either way but if she accepts she must give
seller notice to fix it
MUST BE PERFECT TENDER, even if only 1/100 boxes were wrong
Statements made in court are - Answer Privileged even if they are extreme and outrageous
and if made anywhere else would be IIED
Deficiency ruling, what happens to senior and junior interests? - Answer Senior paid
completely first and then junior
with Correct Answers (Rated A+) 2025-
2026 Edition.
Using/loaning out a chattel without permission and its damaged causing almost have its value -
Answer Conversion
Remedy is FMV
Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous suits in a
year, it rained on a certain date, date of Independence Day - Answer Birthdate
Gambler owes money and says he'll pay 9/10 of what he owes. You agree. - Answer No
consideration for modification. You can sue for the remainder.
Corporations cannot be found guilty of - Answer Manslaughter/killing under SL
What if a holdover tenant objects to the notice you gave that rent would increase? - Answer
Doesn't matter. He can write on a check that this is the "new rent payment" all he wants. He still
owes what you noticed him that he owes.
Firefighter rule - Answer When firefighter/police are hurt trying to rescue you, they cannot
sue you even if you put yourself in the position of peril
Congress can repeal its own enactments but - Answer It cannot do so when repeal violates a
Q provision (such as impairment of a contract already entered into)
Police in hot pursuit and reasonably believe the guy running committed a felony - Answer
You step in cops shoes. You can trip the fleeing suspect and are not liable for tort.
Ordinance saying no solicitation of charitable contributions without a permit - Answer SC has
struck it down as burden on free speech
Seller agrees to sell car for 20k. Comes back and says his wife with part ownership doesn't allow
for less than 30. BoC? - Answer Yes REGARDLESS of whether or not the buyer knew the wife
had part ownership. The seller should have expressly conditioned the sale upon his wife's
approval.
Defamation and matter of public concern (CEO of major employer in town bad at his job), D
must prove - Answer Actual injury, such as loss of reputation, distress
,Cop can/cannot make a warrantless arrest for misdemeanor? - Answer Cannot unless the
misdemeanor was committed in his presence.
So, if can't arrest, there's no search incident to a lawful arrest
If statute calls for a specific remedy for violation or a procedure for addressing it - Answer It
cannot deprive you of that remedy without DP. PROPERTY INTEREST HERE
D gives alibi of being in a different county. W testifies that D told her her he hasn't been out of
the country in years. What exception? - Answer None, it's an admission by a party opponent.
Could also be a prior inconsistent statement but admission is better bc why go thru the back
door when you can go thru the front.
Philanthropist dedicates park to city and its defectively designed - Answer Ps liability for
negligence is not affected by his dedication of the park to the city
K for services is/is not within the SoF - Answer Is not
What if a K has a no oral modifications clause? - Answer Can be waived this orally modified
so long as consideration (not suing on a breach) is present
Creditor beneficiary
Donee beneficiary - Answer Promisees primary intent is to discharge obligation to 3rd party
(creditor)
Promise was gratuitous
New Party assigned the leasehold interest... - Answer Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease that he
bought into
When the instruction to the jury contains some presumed fact - Answer The judge has to tell
the jury that they MAY but are not required to do so. Jury must know that they must prove all
elements beyond reasonable doubt.
, Reverse and remand if not
Building a ditch from neighbors spring to your crop with permission is - Answer An
irrevocable license if you spent a lot of money in reliance
Not an easement appurtenant
Will devising trust "payable to children by 30 if graduate or to university". Valid under RAP? -
Answer Yes, valid charitable trust bc the children are lives in being when it goes into effect
(at his death) and the trust will vest within 21 years of their death
Charged with involuntary man and murder. Plead guilty to man. Judge dismisses murder and
prosecution objections. - Answer TC should be reversed bc DJ does not bar trial of murder
charge
Bequeath saying "to the school for the life of my wife and then to my children; provided,
however, the school use for education only" - Answer Precatory language
If school violates, their interest doesn't terminate
An injunction will be granted and the damages will be impounded for future distribution
State legislature in his duties gives state/federal funds to all white school. Strongest argument
for legislature? - Answer 10 A prevents the federal gov from interfering with a member of
state legislature in performance of his duties
Buyer sends merchant order. Merchant sends no conforming goods. Breach or counteroffer? -
Answer Breach
Buyer can accept or reject and sue for damages either way but if she accepts she must give
seller notice to fix it
MUST BE PERFECT TENDER, even if only 1/100 boxes were wrong
Statements made in court are - Answer Privileged even if they are extreme and outrageous
and if made anywhere else would be IIED
Deficiency ruling, what happens to senior and junior interests? - Answer Senior paid
completely first and then junior
