MBE一向都是Bar exam的重中之重，尤其加州的MBE占比高达**（CABAR2000，及格分为1440分），万不可大意。MBE一共200道题，分为上下午两场考试，每场考试时长3小时考100道题，每道题的答题速率约为1.8分钟/道，其中有25道随机题不计分，也就是说想要通过考试，准确率差不多应达到**。（*应该不会有如此“幸运”的人，答对的题全部不计分。）

为了让大家近距离感受MBE的“魅力”，小编特此为大家准备了6道MBE样题，让大家一睹为快！

美国律师考试MBE样题|附详细讲解

1

An entrepreneur from State A decided to sell hot sauce to the public, labeling it “Best Hot Sauce.”A company incorporated in State B and headquartered in State C sued the entrepreneur in federal court in State C.The complaint sought $50,000 in damages and alleged that the entrepreneur’s use of the name “Best Hot Sauce”infringed the company’s federal trademark. The entrepreneur filed an answer denying the allegations, and the parties began discovery. Six months later, the entrepreneur moved to dismiss for lack of subject-matter jurisdiction.Should the court grant the entrepreneur’s motion?

(A)No, because the company’s claim arises under federal law.

(B)No, because the entrepreneur waived the right to challenge subject-matter jurisdiction by not raising the issue initially by motion or in the answer.

(C)Yes, because although the claim arises under federal law, the amount in controversy is not satisfied.

(D)Yes, because although there is diversity, the amount in controversy is not satisfied.

2

An investor from State A filed an action against his State B stockbroker in federal court in State A. The summons and complaint were served at the stockbroker’s office in State B, where the process server handed the documents to the stockbroker’s administrative assistant.The stockbroker has answered the complaint, asserting the defense of improper service of process. Assume that both states’ requirements for service of process are identical to the requirements of the Federal Rules of Civil Procedure.Is the court likely to dismiss the action for improper service of process?

(A)No, because service was made on a person of suitable age found at the stockbroker’s place of employment.

(B)No, because the stockbroker waived her claim for improper service of process by asserting it in her answer.

(C)Yes, because an individual defendant may not be served by delivering process to a third party found at the defendant’s place of employment.

(D)Yes, because the process of State A courts is not effective in State B.

3

A truck driver from State A and a bus driver from State B were involved in a collision in State B that injured the truck driver. The truck driver filed a federal diversity action in State B based on negligence, seeking $100,000 in damages from the bus driver. What law of negligence should the court apply?

(A)The court should apply the federal common law of negligence.

(B)The court should apply the negligence law of State A, the truck driver’s state of citizenship.

(C)The court should consider the negligence law of both State A and State B and apply the law that the court believes most appropriately governs negligence in this action.

(D)The court should determine which state’s negligence law a state court in State B would apply and apply that law in this action.

4

A patent holder brought a patent infringement action in federal court against a licensee of the patent. The patent holder believed that a jury would be more sympathetic to his claims than a judge, and asked his lawyer to obtain a jury trial.What should the lawyer do to secure the patent holder’s right to a jury trial?

(A)File and serve a complaint that includes a jury trial demand.

(B)File and serve a jury trial demand at the close of discovery.

(C)File and serve a jury trial demand within 30 days after the close of the pleadings.

(D)Make a jury trial demand atthe initial pretria conference.

5

A consumer from State A filed a $100,000 products liability action in federal court against a manufacturer incorporated and with its principal place of business in State B. The consumer claimed that a flaw in the manufacturer’s product had resulted in severe injuries to the consumer. In its answer,the manufacturer asserted a third-party complaint against the product designer, also incorporated and with its principal place of business in State B. Believing that the consumer had sued the wrong defendant, the manufacturer claimed both that the designer was solely responsible for the flaw that had led to the consumer’s injuries and that the manufacturer was not at fault.The designer is aware that the manufacturer did not follow all of the designer’s specifications when making the product. Which of the following arguments is most likely to achieve the designer’s goal of dismissal of the third-party complaint?

(A)The court does not have subject-matter jurisdiction over the third-party complaint, because both the manufacturer and the designer are citizens of State B.

(B)The manufacturer failed to obtain the court’s leave to file the third-party complaint.

(C)The manufacturer’s failure to follow the designer’s specifications caused the flaw that resulted in the consumer’s injuries.

(D)The manufacturer’s third-party complaint failed to state a proper third-party claim.

6

A wholesaler brought a federal diversity action against a large pharmaceutical company for breach of contract. During jury selection, one potential juror stated that five years earlier he had been an employee of the company and still owned several hundred shares of its stock. In response to questioning from the judge, the potential juror stated that he could fairly consider the evidence in the case. The wholesaler’s attorney has asked the judge to strike the potential juror for cause. Should the judge strike the potential juror for cause?

(A)No, because the potential juror said that he could fairly consider the evidence in the case.

(B)No, because the wholesaler’s attorney could use a peremptory challenge to strike the potential juror.

(C)Yes, because other potential jurors still remain available for the jury panel.

(D)Yes, because the potential juror is presumed to be biased because of his relationship to the company.

正确答案：ACDADD

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