MBE Question of the Day
As bar exam results from the July 2022 exam begin to be released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!
MBE Question of the Day
A man is arrested on suspicion of selling narcotics. He posts bail and is awaiting trial while the prosecution puts the case together.
After a few weeks, the charges are dropped. Three months later, the man is arrested again over the same charges. He posts bail, and a
trial is scheduled to begin in a month. The man’s attorney files a motion to have the charges dropped, alleging that it violates
defendant’s Fifth Amendment guarantee against double jeopardy.
After a few weeks, the charges are dropped. Three months later, the man is arrested again over the same charges. He posts bail, and a
trial is scheduled to begin in a month. The man’s attorney files a motion to have the charges dropped, alleging that it violates
defendant’s Fifth Amendment guarantee against double jeopardy.
The motion will be:
(A) Granted, because the defendant was already arrested for the same crime.
(B) Rejected, because the prosecution did not secure a conviction in the
first trial.
first trial.
(C) Granted, because the defendant isn’t alleged to have committed any new
crimes.
crimes.
(D) Rejected, because double jeopardy did not yet attach.
Answer to be posted tomorrow…..