Multistate Bar Flashcards
7 cards from real NE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Multistate Bar flashcards as text
Under MBE property, which of the following is NOT a required element of adverse possession?
Answer: Payment of property taxes
Payment of property taxes is not a universally required element of adverse possession under common law, though some states add it by statute.
A plaintiff sues for negligence. The defendant argues contributory negligence bars recovery. In a pure comparative fault jurisdiction, what is the effect of the plaintiff's own negligence?
Answer: It reduces recovery proportionally to the plaintiff's fault
Under pure comparative fault, a plaintiff's recovery is reduced by the percentage of fault attributable to the plaintiff, regardless of how much at fault the plaintiff was.
Which of the following statements about the Commerce Clause is correct under modern MBE doctrine?
Answer: Congress can regulate intrastate activities that, in the aggregate, substantially affect interstate commerce
Under Wickard v. Filburn and its progeny, Congress may regulate intrastate activities that, in the aggregate, substantially affect interstate commerce.
Under the MBE, which of the following most accurately describes the 'mailbox rule'?
Answer: An acceptance is effective upon dispatch, unless the offer specifies otherwise
The mailbox rule provides that an acceptance is effective when sent (dispatched), not when received, provided the offer does not specify otherwise.
A defendant is charged with burglary at common law. Which of the following elements must be satisfied?
Answer: Breaking and entering a dwelling house of another at nighttime with intent to commit a felony therein
Common law burglary requires breaking and entering the dwelling house of another at nighttime with the intent to commit a felony inside.
Under FRE 702, expert testimony is admissible if it is based on sufficient facts, is the product of reliable principles and methods, and:
Answer: The expert has reliably applied the principles and methods to the facts of the case
FRE 702 requires that the expert reliably apply the principles and methods to the facts of the case, functioning as a gatekeeper under Daubert.
A testator executes a valid will leaving all property to 'my children equally.' The testator later has an additional child. Under the anti-lapse statute, what is the likely result?
Answer: The after-born child shares equally with the other children as a pretermitted heir
Under pretermitted heir statutes, a child born after the will's execution typically takes an intestate share unless the will reveals an intent to disinherit after-born children.