The February 2013 Bar Exam: MBE Question Discussion

Many of our students told us that the MBE questions for July 2012 were pretty hard. As we hear from our students and others who took the July 2012 bar exam and have gotten their results, we are learning that many applicants did fine on their state portion, but did not do as well on the MBE section of the bar exam

While we prepare for the February 2013 bar exam, we thought we would post an MBE question to analyze together. As part of our effort to bring information to our readers, we invite all readers of this blog to try answering the MBE questions we post.

Here is the first one:

Dave, a federal lawman, suspected that there was illegal gambling in his jurisdiction of West Undershirt, Kansas. He suspected Ron and entered his home while Ron was at work. Dave found illegal gambling cards in the home and several names of clients. Dave later interviewed Ron’s clients, who confirmed the book maker’s booking activities. Dave also met Bill, another of Ron’s clients, at a football game. Bill also stated Ron was the King Pin of illegal gambling in West Undershirt.

Before a grand jury, Dave testified to his investigation discoveries. An indictment was returned based solely on Dave’s testimony. Ron’s attorney filed a motion to dismiss the indictment based on his client’s 4th, 5th and 14th Amendment constitutional rights.

Should the court grant the motion based on constitutional violations?

a) Yes, because Dave violated Ron’s constitutional right to counsel.

b) Yes, because the search of the home was a warrant violation.

c) No, because dismissal of the indictment is not the appropriate remedy.

d) Yes, because the testimony would be deemed illegal.

If you wish to answer this MBE question, please go to the contact page at BarProfessors.com, fill it out and place your answer in the comment box. You can request the answer and obtain points for any Bar Professors tutorial or you can comment on our facebook page.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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