Identification of Controlled Substances in Criminal Trials, Exams of Law

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MBE Multistate Bar Examination

Practice 2025 Exam 2 Review Questions

and Answers | 100% Pass | Graded +

MBE Multistate Bar Examination

Practice 2025 Exam 2 Review Questions

and Answers | 100% Pass | Graded +

Question 2041 - The question is: A defendant has been charged with selling cocaine to a police informant. At trial, the alleged cocaine no longer exists, and the only evidence that the substance sold was cocaine is the informant's testimony that it tasted like cocaine and gave her a cocaine-like sensation. The informant has no formal training in identifying controlled substances. Should the court admit the informant's opinion testimony that the substance was cocaine? A: No, because identification of a controlled substance requires an expert with formal training. B: No, because, without a quantity of the controlled substance for testing, opinion testimony is insufficient to make a prima facie case against the defendant. C: Yes, if the court determines that the informant has sufficient knowledge and experience to identify cocaine. D: Yes, provided there is evidence sufficient to support a jury finding that the - Answer>> C Question 1945 The question is: A large privately owned and operated shopping mall is open to the public and includes small shops, major department stores, and restaurants that are located around a pedestrian area. It also has several movie theaters, an ice-skating rink, a small amusement park, and a branch of the local public library. The mall is advertised as "a small town with a big-town feel." During shopping hours, a group of 10 protesters gathered in

the building for many years. When the couple purchased the building, the area was predominantly rural and was zoned for nonresidential use. The municipality's zoning is cumulative. Five years ago, the municipality rezoned the area to single-family residential use. The daughter was not aware of this change, since she was away at college. Recently, the daughter inherited the building from her parents. The daughter immediately moved into the apartment and took over the operation of the shoe store on the first floor. The daughter has learned that a developer is planning to build a large residential community in the area surrounding her building. The daughter has asked her lawyer for advice regarding her ability to continue - Answer>> C Question 1930 - The question is: Before the close of evidence in a federal negligence trial, the defendant submitted a proposed jury instruction on contributory negligence. Before instructing the jury, the judge informed the parties of the instructions she would give, which did not include the defendant's contributory negligence instruction or any instruction on contributory negligence. Neither party objected, either then or after the judge had given the instructions. The jury returned a verdict for the plaintiff, and the judge entered judgment on the verdict. The defendant would like to appeal the verdict on the ground that the judge should have instructed the jury on contributory negligence. Has the defendant preserved the issue for appeal? A: No, because the defendant failed to object after the judge gave the instructions to the jury. B: No, because the defendant failed to object after the judge informed the - Answer>> B Question 2106 -

The question is: A homeowner was injured when he slipped and fell in a puddle of water on his sunroom floor; the water had accumulated on the floor during a rainstorm because of leaks in the roof. The roof's manufacturer had supplied nondefective materials to the installer, who was a franchisee (and not an employee) of the manufacturer. The leaks resulted from the carelessness of the installer during the installation of the roof. The installer's truck, which had been parked in front of the homeowner's house during the roof installation, bore the manufacturer's logo. The manufacturer was aware that the truck and the literature supplied by the installer both displayed the manufacturer's logo. Is there any basis for a claim by the homeowner against the manufacturer? A: No, because a franchisor has no duty to supervise the conduct of a franchisee. B: No, under the rule that a manufacturer is liable o - Answer>> D Question 2103 - The question is: During a deer-hunting season open to rifle hunters, a hunter saw a deer in the forest. He shot his rifle at the deer, hoping to hit and kill it. Instead, he hit and injured a hiker. The hunter had not realized that the hiker was there. Does the injured hiker have an actionable battery claim against the hunter? A: No, because the hunter did not intend to shoot the hiker. B: No, because the hunter did not make direct physical contact with the hiker. C: Yes, because the bullet from the hunter's rifle made direct physical contact with the hiker.

address the issue of the company's liability. In an action by one of the affected residents against the chemical company, will the resident be likely to prevail? A: - Answer>> D Question 1929 - The question is: A purchaser filed a federal diversity action against a seller, alleging breach of contract. The seller answered the complaint and included as a separate defense an allegation that the purchaser had brought and lost a similar contract claim against a different seller three years earlier, and that this history represented a pattern of filing frivolous lawsuits. The purchaser believes that the earlier lawsuit was factually completely different from the current one and is therefore irrelevant. What is the purchaser's best response to the seller's answer? A: File a reply that includes a denial of the separate defense. B: Move for sanctions against the seller for asserting a frivolous defense. C: Move to amend the complaint to add allegations about the differences between the lawsuits. D: Move to strike the separate defense as irrelevant. - Answer>> D Question 1904 - Civil Procedure - The question is: A patient domiciled in State A sued a surgeon domiciled in State B in a federal court in State A, alleging claims for malpractice. The surgeon moved to dismiss the action for lack of personal jurisdiction. The court denied the motion and set discovery cutoff and trial dates. The surgeon has appealed the

denial of the motion. Should the appellate court hear the merits of the surgeon's appeal? A: No, because the appellate court lacks jurisdiction over the appeal. B: No, because the district court's decision on jurisdiction is final. C: Yes, because a contrary appellate decision could terminate the action. D: Yes, because the surgeon's personal-jurisdiction challenge raises a constitutional question. - Answer>> A Question 2068 - Real Property - The question is: A man conveyed land by quitclaim deed as a gift to his cousin, who did not then record the deed or take possession of the land. Six months later, when the man was still in possession, he conveyed the land by quitclaim deed as a gift to a friend, who knew nothing of the deed to the cousin. The friend did not record his deed. The man then vacated the land, and the friend took possession. The recording act of the jurisdiction provides as follows: "No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice, who shall first record." Recently, the cousin learned about the friend's deed and possession, immediately recorded her deed, and sued the friend for possession and to quiet title. The friend then recorded his deed and raised all available defenses. For whom is the court likely to decide? A: For the cousi - Answer>> Question 2075 - The question is: A man conveyed the eastern half of a tract of vacant land to a woman by a warranty deed. The woman promptly

case was assigned. Wishing to avoid difficulties with the judge, the woman's attorney promptly removed the case to federal court on the basis of federal-question jurisdiction. The employer's attorney has timely moved to remand. How is the federal court likely to proceed? A: Remand the entire case. B: Remand the state claims but keep the federal claims. C: Retain the case to avoid the risk of bias and impropriety in having it proceed before a judge who has shown clear hostility toward the woman's attorney. D: Retain the case, because it was timely removed and the woman alleges federal claims. - Answer>> A Question 2069 - The question is: When a buyer and a seller executed a valid contract for the sale of a house, the buyer gave the seller $1, as earnest money. The contract noted that the earnest money tendered would be applied to the purchase price at the time of sale but was silent as to remedies in the event of any default. Just before the closing, the buyer lost her job. The buyer told the seller that she could no longer purchase the house and asked him to return the earnest money. The seller accurately told the buyer that the seller's actual losses exceeded the amount of the earnest money; that if the seller sued the buyer for damages, he would receive a minimum of $5,000; and that it would be difficult for him to sell the house in the current market. Should the buyer get the earnest money back? A: No, because the contract was silent regarding remedies.

B: No, because the seller's actual losses exceeded th - Answer>> B Question 1977 - The question is: A woman prepared an accurate statement of her financial condition and submitted it with a loan application to a local bank with which she had done business for many years. Shortly thereafter, the woman's financial condition worsened significantly, but she failed to disclose this fact to the bank. Unaware of the woman's changed financial condition, the bank then agreed to lend money to the woman. The bank later learned of the woman's true financial condition. The bank refused to honor its promise to lend money to the woman, contending that the parties' contract was voidable at the bank's option because of the woman's misrepresentation. If the woman sues the bank for breach of contract, will the bank's misrepresentation defense likely succeed? A: No, because the woman did not make any subsequent affirmative misrepresentations about her financial condition. B: No, because the woman' - Answer>> C Question 2050 - The question is: A plaintiff sued a utility company that owns a reservoir that is open to the public for recreation pursuant to a license from a federal agency. The plaintiff was severely injured in the reservoir when he dove from a boat into what he thought was deep water and hit an unmarked submerged island. The plaintiff alleges that the company was negligent in failing to mark the submerged island. At trial, the plaintiff has called an engineer and qualified him as an expert in managing reservoirs. Which of the following opinions by the plaintiff's expert is the court most likely to admit?

based on the architect's recent statements about the retailer in a local newspaper. In the amended complaint, the retailer demanded a jury trial on both claims. Has the retailer properly demanded a jury trial? A: No, because the retailer filed the demand more than 14 days after service of the motion to dismiss. B: No, because the retailer filed the demand more than 14 days after service of the original complaint. C: Yes, but on the defamation claim only, because the or - Answer>> D Question 2049 - The question is: At trial in an action for personal injuries suffered in a traffic accident, the plaintiff first calls the defendant as an adverse party. The plaintiff then calls a witness who was a passenger in the plaintiff's car but who also happens to be the defendant's former employer. On direct examination, the witness testifies to how the accident occurred and also expresses his opinion that the defendant is not a truthful person. Which one of the following areas of questioning is most likely to be held beyond the proper scope of cross-examination? A: In letters to prospective employers, the witness has described the defendant as very honest and dependable. B: The defendant recently filed an action against the witness for breach of contract. C: The plaintiff's injuries were not as serious as the plaintiff is claiming. D: The witness has been falsifying his income tax returns. - Answer>> C

Question 2066 - The question is: A woman owned a four-unit apartment building and lived in one of the units. When one of her tenants vacated his apartment, the woman placed an advertisement in the local paper that read as follows: "Large two- bedroom apartment available for rent. White male preferred." The woman's preference was motivated by the fact that she liked to have a mix of tenants of both genders and from various racial and ethnic backgrounds in her building, and of the remaining rented units, one was rented to an African American man and the other to a Pacific Islander woman. Based upon these facts, which of the following statements is true? A: The federal Fair Housing Act makes it illegal for the woman to refuse to rent her units to prospective tenants because of their race or gender. B: The woman's motive absolves her from any liability under the federal Fair Housing Act. C: There are no violations o - Answer>> D Question 1918 - The question is: A bakery incorporated and headquartered in State A had a dispute with a mill incorporated and headquartered in State B over the quality of the flour the mill had delivered to the bakery. The bakery sued the mill in a federal court in State A for breach of contract, seeking $100,000 in damages. The contract between the bakery and the mill contained a clause designating State B courts as the sole venue for litigating disputes arising under the contract. Under precedent of the highest court in State A, forum-selection clauses are unenforceable as against public policy; under U.S. Supreme Court precedent, such clauses are enforceable. The mill has moved to transfer the case to a federal court in State B, citing the forum-selection clause in the parties' contract and asserting the

company reimburse her for the tax lien amount. Is the title insurance company obligated to pay the friend's claim? A: No, because the friend is not a named insured on the title insurance policy. B: No, because the title insuranc - Answer>> A Question 2067 - The question is: A man borrowed money from a lender and mortgaged land that he owned to secure repayment of the loan. Before he had completely repaid the loan, the man conveyed the land to an investor, who expressly assumed the loan. The note and mortgage did not contain a due-on-sale clause. After the investor had made several payments on the loan, she defaulted on two payments. The lender notified the man and the investor of its intention to accelerate the loan pursuant to the terms of the note and mortgage unless the default was cured within 60 days. When neither the man nor the investor made the required payment, the lender accelerated the loan and initiated foreclosure proceedings, naming both the man and the investor as party defendants. The foreclosure sale resulted in a deficiency. The lender has sought a deficiency judgment against only the man, because the investor has become insolvent in th - Answer>> C Question 1991 - The question is: A man became ill while at work and decided to go home early. When he entered his bedroom, the man saw his wife engaged in sexual intercourse with a neighbor. The man grabbed a gun from a dresser drawer and shot and killed the neighbor. He was later charged and prosecuted. In a jurisdiction that follows the common law for homicide offenses, which crimes should the court instruct the jury on? A: Murder and involuntary manslaughter.

B: Murder and voluntary manslaughter. C: Murder, voluntary manslaughter, and involuntary manslaughter. D: Voluntary manslaughter and involuntary manslaughter. - Answer>> B Question 2031 - The question is: A plaintiff sued a defendant over title to land on a riverbank. Changes in the water level over time were important to the plaintiff's case. For 15 years, a commercial fisherman had kept a daily log of the water level at his dock on the riverbank opposite the land in order to forecast fishing conditions. The plaintiff hired a draftsman to graph the data from the fisherman's logs for use as a trial exhibit. At trial, the fisherman testified to the care with which he had made the measurements and recorded them in his logs, which had been made available for the defendant's inspection. The draftsman then testified to the manner in which he had prepared the graphs. With this foundation, are the graphs admissible? A: No, because they are hearsay not within any exception. B: No, because they violate the "best evidence" rule. C: Yes, as summaries of voluminous business records. D: Yes - Answer>> C Question 1927 - The question is: A mail clerk domiciled in State A slipped and fell on ice that had formed near the loading dock of the building in State B where the clerk's State B employer leased space for its headquarters. The building was owned and operated by a State C corporation. As a result of the fall, the clerk was

A man and a woman were competing in an illegal drag race. Both of them were driving over the speed limit but were otherwise driving very carefully. However, when a tire on the woman's car suddenly blew out, she lost control of her car and crashed, injuring a pedestrian. The pedestrian later sued the man, because the woman had no insurance or assets. Will the pedestrian be likely to prevail in that action? A: No, because the man did not cause the injury. B: No, because the man was driving very carefully. C: Yes, because the man and the woman were acting in concert in a dangerous activity. D: Yes, because the man was exceeding the speed limit. - Answer>> C Question 1973 - The question is: A buyer sent a signed letter to a seller that stated: "Ship 100 boxes of nails at $3 per box, the price quoted in your circular." The seller mailed the buyer a signed form acknowledgment that agreed to the buyer's terms and stated on the reverse side: "Disputes regarding quality shall be arbitrated." The buyer did not reply to the seller's acknowledgment, and the seller shipped the nails. When the buyer received the nails, it found their quality to be unsatisfactory and sued the seller for breach of warranty. The seller has asked an attorney whether the parties' contract requires arbitration of the buyer's claim. What is the best advice the attorney can provide? A: A contract was formed pursuant to conduct when the buyer received the nails, and a court would exclude the arbitration provision from the contract.

B: A contract was formed when the seller mailed its acknowledgment, an - Answer>> C Question 2013 - The question is: A man was angry at a coworker who had received a promotion. The man believed that the coworker had taken credit for the man's work and had bad-mouthed him to their boss. One day, as the man was leaving the company parking lot in his car, he saw the coworker walking through the lot. On a sudden impulse, the man pushed the accelerator pedal hard and veered toward the coworker with the intention of scaring him. The coworker tried to jump out of the way but slipped and fell and was run over. Although the coworker suffered life-threatening injuries, he survived. In a jurisdiction that follows the common law of homicide, could the man properly be convicted of attempted murder? A: No, because the coworker's slip and fall broke the chain of proximate causation. B: No, because the man lacked the requisite intent. C: Yes, because the coworker suffered life-threatening injuries. D: Yes - Answer>> B Question 1986 The question is: On June 1, an appliance manufacturer telephoned a supplier to determine whether the supplier could provide 300 washing machine motors of a particular model by October 1. The supplier offered to do so at a price of $300 per motor (a total price of $90,000). The manufacturer's representative said, "Deal." The next day the manufacturer's representative sent the supplier an unsigned note on company letterhead that stated, "I am happy that you are going to supply us