MBE BAR Exam questions and correct answers

prevent escape from a crime - correct answers A private citizen or police officer is privileged to use whatever non deadly force he or she REASONABLY believes is necessary to prevent the escape of a criminal from a crime. Arrest - correct answers Officer may make an arrest without a warrant if there is probably clause to believe that the person arrested has committed or is in the process of committing a felony. Probable Cause - correct answers belief that defendant is guilty, supported by facts that would lead a reasonable person to entertain such a belief. state/federal taxation - correct answers federal government is immune from taxation by the states. But immunity does not shield private parties from state tax liability even though they have a contractual relationship with federal government and even if cost is passed to the federal government via cost plus fixed contracts. Congress has power to specifically exempt a particular contractor from state sales tax. Defamation - correct answers Pl must prove that df published a defamatory statement about the plaintiff. Defamatory if the reasonable person who knows the plaintiff would recognize the plaintiff from the statement. So if made about a group to which PL belongs it identifies the plaintiff so long as the group is small enough to lead the resasonable person who knows the plaintiff is a member of the group to believe that the statement about the group is being made about teh plaintiff. Dying declaration - correct answers FRE 804 (b) (2), a statement is admissible as dying declaration if it wa smade about the cause and circumstances of death by a presently unavailable declarant with a sense of impending death, was based upon the declarant's personal knowledge and is offered at trial of a criminal homicide prosecution or of any civil action. Dying delcaration - correct answers has to be unavailable, does not matter if he died from the accident or not.