MBE QoD

A defendant and his college classmate were dating the same woman. At the dining hall one evening, the classmate approached the defendant and punched him in the stomach in front of a large number of witnesses. As other students separated them, the classmate said, “I’m not through with you yet.” The defendant was enraged by [...]

The leader of a city-based religious cult holds a weekly “service” in a public park, and during his sermon, he directs insulting expletives at persons in his audience who are not members of the cult. The audience has become unruly, and on several occasions, fights have nearly broken out between members of the audience and [...]

In an automobile accident case, an eyewitness testified for a defendant that the plaintiff drove into an intersection without stopping at a stop sign. On cross-examination, the eyewitness admitted that he had told others that he was not sure if the plaintiff had stopped at the stop sign. The trial judge should: A. Permit the [...]

One night after a restaurant closed, the cashier discovered that the amount of cash in the cash register did not match the cash register receipts. He took the cash and the receipts, put them in a bag, gave them to the manager of the restaurant, and reported the discrepancy. The manager immediately accused the cashier [...]