Sample questions from the Multistate Bar Examination:
1. Davis decided to kill Adams. He set out for Adams' house. Before he got there he saw Brooks, who resembled Adams. Thinking Brooks was Adams, Davis shot at Brooks. The shot missed Brooks but wounded Case, who was some distance away. Davis had not seen Case.
In a prosecution under a statute that proscribes attempts to commit murder, the district attorney should indicate that the intended victim(s) was (were): (a.) Adams only. (b.) Brooks only. (c.) Case only. (d.) Adams and Brooks.
2. Peter sued Don for breach of contract. The court admitted testimony by Peter that Don and his wife quarreled frequently, a fact of no consequence to the lawsuit. Don seeks to testify in response that he and his wife never quarreled.
The court: (a.) must permit Don to answer if he had objected to Peter's testimony. (b). may permit Don to answer whether or not he had objected to Peter's testimony. (c.) may permit Don to answer only if he had objected to Peter's testimony. (d.) cannot permit Don to answer whether or not he had objected to Peter's testimony.
3. Al and Bill are identical twins. Al, angry at David, said, "You'd better stay out of my way. The next time I find you around here, I'll beat you up." Two days later, while in the neighborhood, David saw Bill coming toward him. As Bill came up to David, Bill raised his hand. Thinking Bill was Al and fearing bodily harm, David struck Bill.
If Bill asserts a claim against David and David relies on the privilege of self-defense, David will (a.) not prevail because Bill was not an aggressor. (b.) not prevail unless Bill intended his gesture as a threat. (c.) prevail if David honestly believed that Bill would attack him. (d.) prevail only if a reasonable person under the cirucmstances would have believed that Bill would attack him.
Answers: 1. (b) 2. (b) 3. (d).