Bar Exam (MBE) practice questions

0 of 10 answered

1. Question 1 of 10Contracts

   Lex iniusta non est lex' has which of the following meanings?

   AThe law is not valid unless it is formally enacted.BLaw has lexical priority over morality.CAn unjust law is not law.DNo-one is above the law.
2. Question 2 of 10Torts

   Which of the following arguments against the 'fair play' argument in support of a duty to obey the law is the most persuasive?

   AFairness is a relative term.BThe legal system is, in fact, unfair.CIt sets a bad example.DThe law is irrational and ambiguous.
3. Question 3 of 10Civil Procedure

   Why does a Marxist account of law reject individual rights?

   ABecause they are inconsistent with state control.BBecause they are an expression of a capitalist economy and are unnecessary in a socialist society.CBecause the concept of rights is philosophically unsound.DBecause Marx, Engels, and Lenin failed to provide a coherent analysis of rights.
4. Question 4 of 10Constitutional Law

   In most states, the division of homicide into degrees is distinguished according to which of the following?

   Athe causal relationship between the defendant's act and the resulting death.Bthe attendant circumstances surrounding the death.Cthe nature of the act causing the death.Dthe defendant's state of mind at the time the killing was committed.
5. Question 5 of 10Criminal Law & Procedure

   According to Malinowski, the Trobriand Islanders organized their society around what concept?

   AConflict.BLove.CWar.DReciprocity.
6. Question 6 of 10Evidence

   Who amongst the following said that “right with me is a child of law…..a natural right is a son that never had a father"

   AJeremy ValdonBJeremy BenthamCSalmondDPaton
7. Question 7 of 10Real Property

   Who defined jurisprudence as the knowledge of things divine and human, the science of right and wrong

   AAustinBUlpianCHollandDAllen
8. Question 8 of 10Contracts

   How does Nozick answer the criticism of his historical entitlement theory that if the distribution of goods in society is unjust those at the bottom always lose?

   AIt can be remedied by redistribution of wealth.BIf each person's holdings are just, then the total distribution of holdings is just.CHistorical factors are secondary to moral imperatives.DHe has no answer.
9. Question 9 of 10Torts

   To claim that one has a prima facie duty to obey the law is to assert that:

   AOne is under a duty to obey the law without exception, regardless of its content.BThere is no duty to obey a law to which one hasn't agreed.CThe duty applies only to those who are directly affected by the law in question.DThe obligation arises independently of the precise legal provisions involved - unless there are grounds to justify a specific exception.
10. Question 10 of 10Civil Procedure

    Austin has been described as a 'naive empiricist.' Why?

    ABecause he neglects the importance of morality.BBecause his account of law is based on an anachronistic model of a legal system.CBecause he conceives of laws in a pragmatic rather than a conceptual manner.DBecause he overlooks the role of law in economic relations.