MBE (Multistate Bar Exam)

Q1: Paulo sues Diana in federal court based on diversity jurisdiction. Diana asserts a counterclaim against Paulo arising from an unrelated transaction. Paulo moves to dismiss the counterclaim for lack of subject matter jurisdiction, arguing it doesn't arise from the same transaction as his claim and lacks an independent jurisdictional basis. Should the court dismiss Diana's counterclaim?

Q2: Under the doctrine of respondeat superior, an employer is vicariously liable for torts committed by an employee within the {{1}} of employment.

Q3: In a civil case, a witness testifies on direct examination. During cross-examination, the opposing attorney asks, \"You're testifying favorably for the plaintiff because she's your sister, right?\" The witness denies it. May the attorney introduce extrinsic evidence that the witness and plaintiff are sisters?

Q4: Police receive a tip that a defendant is growing marijuana in his backyard. An officer uses a thermal imaging device from the street to detect heat patterns consistent with grow lights. Based on this information, police obtain a warrant and search the house, finding marijuana plants. The defendant moves to suppress the evidence, arguing the thermal imaging was an unlawful search. How should the court rule?

Q5: During a criminal trial, a defendant's spouse is called to testify. In this jurisdiction, both spousal immunity and the marital communications privilege are recognized. The spouse invokes spousal immunity and refuses to testify at all. The prosecution seeks to compel testimony about the defendant's non-confidential conduct that the spouse observed. How should the court rule?