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Bar exam practice questions & answers.

criminal law bar exam essay questions

Reviewed by:

David Merson

Former Head of Pre-Law Office, Northeastern University, & Admissions Officer, Brown University

Reviewed: 2/16/24

As your bar exam looms near, it's perfectly normal to feel overwhelmed by the multitude of statutes, cases, and complex legal terms you need to grasp. Sure, the multitude of legal concepts might feel like a handful, but we’re here to help! This guide will delve into some bar exam practice questions to provide a clearer perspective on the exam.

We're here to help you study! We've gathered a bunch of practice questions for the bar exam. And don't worry, we've also included all the answers and some explanations. Ready to start?

The bar exam, a critical milestone in every budding lawyer's journey , is notorious for its difficulty. But remember, with a strategic approach, consistent practice of real MBE practice questions, the perfect bar exam practice test, and the right mindset , you can significantly improve your chances of success.

Practice Questions and Answers

Bar exam prep can be expensive, so to start you off on the right foot, we’ll explore some free bar exam sample questions and answers, with a special emphasis on multiple-choice questions:

1. Torts Law: Understanding Liability and Damages

Question : Tom, in a moment of inattention, collides with Jerry's car, inflicting $2000 worth of damage. Jerry decides to sue Tom for negligence. Tom admits his mistake but refuses to pay, asserting that Jerry's car was already in a state of disrepair. Can Jerry still claim damages?

  • Yes, Jerry can claim the full amount of $2000.
  • No, Jerry cannot claim any damages because his car was already in disrepair.
  • Yes, but Jerry can only claim half the amount ($1000) due to pre-existing damages.
  • No, Jerry can only claim damages if Tom had intentionally caused the accident.

Correct Answer : A) Yes, Jerry can claim the full amount of $2,000.

Explanation

Tort cases are commonly referenced in MBE bar exam questions. In a tort case, such as this, Jerry can recover damages as long as he can prove the cost of repairs or the diminished value of his car due to the accident. Tom's belief about pre-existing damage doesn't negate his liability for the damages he caused. 

While the state of the car before the accident might be relevant in assessing the degree of damage caused by the accident, it does not absolve Tom of his responsibility to pay for the harm he directly caused.

2. Criminal Law: Grasping the Concept of Intent

Question : Can Ann be convicted of burglary if her defense is that she entered the building solely to seek refuge from a sudden storm?

  • Yes, Ann can be convicted of burglary even if she entered the building to seek refuge from a sudden storm.
  • No, Ann cannot be convicted of burglary if she entered the building solely to seek refuge from a sudden storm.
  • Maybe, it depends on whether Ann had a history of committing crimes.
  • It depends on the severity of the storm that Ann encountered.

Correct Answer : B. No, Ann cannot be convicted of burglary if she entered the building solely to seek refuge from a sudden storm.

man handcuffed behind back

Ann cannot be convicted of burglary if she can prove that she entered the building solely to seek refuge from a sudden storm. 

Burglary requires the intent to commit a crime upon entering a building, and seeking shelter from a storm is not a criminal act . Therefore, if Ann can validate her claim of seeking shelter, she lacks the requisite intent for a burglary conviction.

3. Constitutional Law: Freedom of Speech

Question : Which of the following statements is true regarding the state law that prohibits residents from criticizing the governor on social media?

  • Yes, the law violates the First Amendment rights of the residents.
  • No, the law does not violate the First Amendment rights of the residents.
  • Maybe, it depends on the type of social media platform being used.
  • It depends on the popularity of the governor.

Correct Answer : A. Yes, the law violates the First Amendment rights of the residents.

This is because the First Amendment of The Constitution protects the right to freely criticize the government, which would include government officials such as a state governor. A law that prohibits such criticism would likely be seen as infringing on these protected rights. 

4. Contracts Law: The Essentials of a Contract

Question : Which of the following statements is true regarding the scenario where Jane proposed to sell her car to John for $5,000, but sold the car to someone else the very next day without receiving any acceptance or consideration from John?

  • Yes, John can sue Jane for breach of contract because she made an offer to him.
  • No, John cannot sue Jane for breach of contract because no contract was formed between them.
  • Maybe, John can sue Jane for breach of contract because he needed time to think it over.
  • It depends on the type of contract Jane proposed.

Correct Answer : B. No, John cannot sue Jane for breach of contract because no contract was formed between them.

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Many of the bar test questions you’ll see will involve contract law since it’s such an important part of the legal field. For a contract to be formed, it requires an offer, acceptance, and consideration. In this scenario, Jane made an offer to sell her car to John, but John did not accept the offer or provide any consideration to Jane. 

Therefore, there was no legally binding contract formed between them, and Jane was not obligated to sell the car to John. Since there was no contract, there can be no breach of contract, and John cannot sue Jane. 

Option A is incorrect because an offer alone does not constitute a contract. Option C is incorrect because John's need for more time to think it over is not relevant to the formation of a contract. Option D is incorrect because the type of contract proposed by Jane is irrelevant when no contract was formed.

5. Property Law: The Obligations of a Finder

Question : Is Jim legally allowed to keep the $1000 he found in a wallet in a public park, even though the owner later posted flyers in search of the wallet?

  • Yes, Jim is legally allowed to keep the money as he found it in a public place.
  • No, Jim is not legally allowed to keep the money as it belongs to the owner of the wallet.
  • Maybe, it depends on whether Jim reported the found wallet to the authorities.
  • It depends on whether Jim made any attempts to locate the owner of the wallet.

Correct Answer : B. No, Jim is not legally allowed to keep the money as it belongs to the owner of the wallet.

Jim is not legally allowed to keep the $1000 he found in the wallet in a public park. Property law requires finders of lost property to make a reasonable effort to return it to its rightful owner. Since the owner is known and has posted flyers in search of the wallet, Jim is legally bound to return the wallet and the money to the owner. 

Keeping the money without attempting to locate the owner is considered theft. Therefore, Jim is not allowed to keep the money, and he must make a reasonable effort to return the wallet to its rightful owner.

Hopefully going over these MBE practice questions in depth has helped you understand them better and offered insights into how to best approach them! Continue going over sample MBE questions and past bar exams to get familiar with various question types and feel prepared for test day! 

FAQs: Bar Exam Questions

Here are some frequently asked questions related to bar exam questions.

1. What Kind of Questions Are on the Bar Exam?

A standard bar exam comprises a combination of multiple-choice questions, often referred to as the Multistate Bar Examination (MBE), essay questions, and performance tests. These questions encompass a broad array of legal areas, including, but not limited to, constitutional law, criminal law, civil procedure, contracts, and property law.

2. Is the Bar Exam Actually Hard?

Yes, the bar exam can feel very hard because it covers a lot of topics, there's limited time, and it's really important. But, with good studying, lots of practice , and a never-give-up attitude , many people do succeed.

3. How Can I Practice for the Bar Exam?

Preparation for the bar exam calls for a well-rounded approach. This includes gaining a firm understanding of legal principles, committing key facts and cases to memory, and rigorously working through bar exam practice questions. 

Using a mix of bar exam practice multiple choice questions and essays, as well as reviewing model answers, can substantially enhance your legal analytical abilities, as well as improving your speed and accuracy in test-taking. 

Additionally, consider joining a study group or enlisting the help of a tutor for structured guidance and support.

4. What Essay Questions Are on the Bar Exam?

Essay questions on the bar exam typically present a hypothetical scenario and require you to apply legal principles to analyze it. These questions are designed to test your ability to identify relevant legal issues, apply the law accurately, and articulate a logical and well-structured argument. 

Some jurisdictions also include Multistate Essay Examination (MEE) questions, which test knowledge across a wide range of legal topics.

Final Thoughts

Facing the bar exam may feel like a herculean task, but take heart in knowing that countless others have successfully surmounted this obstacle, and you certainly can too. 

Regular, methodical practice with bar exam questions and answers will not only deepen your understanding of the law but also refine your analytical skills and boost your self-confidence.

As you forge ahead with your preparation, keep this essential principle in mind - practice does not merely make perfect, perfect practice makes perfect. View these bar exam sample questions as stepping stones that enable you to refine your techniques, rectify errors, and devise a strategy that best suits your individual learning style.

Ultimately, your success in the bar exam will stand as a testament to your unwavering dedication, determination, and mastery of legal knowledge. So, keep practicing, stay focused, and before long, you'll be on your way to joining the esteemed fraternity of licensed attorneys. 

Your journey may be tough, but the destination will certainly be worth it. Good luck!

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Many state bar associations post former bar exam essay questions and sample answers on their websites. These model answers are useful for studying for the bar and final exams.

Search online for state bar exam questions and answers, or use the list provided at the bottom of this page. Access is free.

  • Try writing a response to a practice question, then comparing your response to the model answer.
  • Some bar exam questions require the application of state law (e.g., California civil procedure), and may not be helpful if you are studying federal law. Read the question carefully. 
  • Subject coverage will vary by exam and by state.

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  • Civil Procedure (federal and state questions)
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  • Professional Responsibility/Ethics
  • Secured Transactions (Uniform Commercial Code 2)
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Criminal Law and Procedure on the Multistate Essay Exam: Highly Tested Topics and Tips

Criminal Law and Procedure appears consistently on the MEE. However, it is tested less frequently than some other MEE subjects.

Here, we give you tips for approaching Criminal Law and Procedure on the MEE and we reveal some of the highly tested issues in Criminal Law and Procedure MEE questions.

Criminal Law and Procedure on the Multistate Essay Exam

1. first, be aware of how criminal law and procedure is tested.

Criminal Law and Criminal Procedure It is tested, on average, a little less than once per year.

Note that, in general, the MEE tests Criminal Law  or  Criminal Procedure. Although Criminal Law and Criminal Procedure have been combined before, usually, one subject or the other is tested on the MEE. Criminal Law and Criminal Procedure are tested with about the same frequency so, the chances of seeing a Criminal Law question are about as good as seeing a Criminal Procedure question.

Recently (July 2017 and July 2016), Criminal Procedure was combined with Evidence. In both cases, a  Miranda issue was tested with hearsay.

2. Be aware of the highly tested Criminal Law and Procedure issues

The examiners tend to test several of the same issues in Criminal Law and Procedure MEE questions. You can maximize your score by being aware of these highly tested issues. (We have a nice summary of these in our  MEE One-Sheets  if you want to see all of them and have them all in one place.)

Some of the highly tested Criminal Law and Procedure Multistate Essay Exam issues include:

In the area of Criminal Law, homicide is the most highly tested topic . Homicide is also very important to know for the MBE since three to four scored MBE questions will test homicide. The most important thing to understand about homicide is the distinctions between first-degree murder, second-degree murder , felony murder , voluntary manslaughter , and involuntary manslaughter . The chart below clarifies these distinctions for you.

Homicide Chart

The issue of causation often is tested with homicide. Remember that the defendant’s actions must be the actual and proximate cause of the victim’s death . (Apply the same causation principles as when you study negligence in Torts.)

Defense of insanity

  • Insanity: the most frequently tested insanity test on the MEE is the M’Naghten test .

M'Naghten Test

The Fifth Amendment

The most highly tested topic , by far, in Criminal Law and Procedure MEE questions is the Fifth Amendment . Specifically,  Miranda  warnings are frequently tested. You should know:

  • When are  Miranda warnings needed? When there is a “ custodial interrogation .”

When are Miranda Rights Required?

  • How are  Miranda rights waived? They are waived if the suspect makes a “ knowing, intelligent, and voluntary ” waiver.

A valid Miranda waiver must be

  • How are  Miranda rights invoked? The suspect must be  explicit, unambiguous, and unequivocal in invoking his rights. So, the suspect must say something like, “I want a lawyer” or “I am exercising my right to remain silent.” He cannot merely say, “I think I want a lawyer” or remain silent when asked questions.

Invoking the Right to Counsel

  • What happens if a Miranda violation occurs? The  statements are excluded from the prosecutor’s case-in-chief. However, any “ physical fruits ” can be admitted against the defendant if the defendant made the statements voluntarily. Students often confuse these issues. As an example, a defendant was  not  properly given  Miranda warnings despite being in custody and being interrogated. The defendant confessed to murdering a victim and stated, “The weapon is in the cellar of my uncle’s basement.” The prosecutors thereafter recover the weapon. The defendant’s  statements could not be admitted against him in the prosecutor’s case-in-chief. However, the “physical fruits”—in this case, the weapon—could be (assuming the defendant made his statements voluntarily).

What Evidence is Excluded if there is a Miranda Violation

The Fourteenth Amendment and Sixth Amendment have also appeared on Criminal Procedure MEE questions. However, the Fifth Amendment is the examiners’ favorite issue to test.

Also, take the time to memorize the key vocabulary above (e.g., “custodial interrogation,” “knowing, intelligent, and voluntary” waiver). These are terms that the graders will be looking for as they scan your essay. Including these terms makes it easier for the grader to award you points!

The Fourth Amendment

The Fourth Amendment prohibition against unreasonable searches and seizures has also appeared frequently on Criminal Procedure MEE questions. We recommend you review:

  • When the Fourth Amendment applies: the Fourth Amendment applies when there is a search or seizure by a government agent when the person has a reasonable expectation of privacy.

The Fourth Amendment applies to

  • Valid warrant requirements: a warrant is valid if it is issued by an unbiased magistrate and is supported by probable cause and particularity.

Validity of a Warrant

  • Valid warrant exceptions: consent, plain view, exigent circumstances (“hot pursuit,” emergency, risk of evidence disappearing).

3. Learn basic definitions to introduce each topic

There are some definitions that the grader will expect to see for certain topics. For example:

  • Malice aforethought in murder:   “Malice aforethought” is a term of art that encompasses different mental states. In most jurisdictions, the malice aforethought requirement is satisfied if the defendant acted with intent to kill , with the knowledge that his acts would kill , with intent to inflict great bodily harm , or with reckless disregard of an extreme risk to human life (a depraved heart).
  • Miranda warnings :   Law enforcement officers are required to read  Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation. If the officers were required to read the warnings and failed to do so, the suspect’s statements should be suppressed.

Four Necessary Miranda Warnings

  • Interrogation:  Any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.

When is a suspect in custody for purposes of Miranda warnings

  • Custody:  A substantial seizure that is defined as either a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest.

criminal law bar exam essay questions

Being able to define key concepts will go a long way to build credibility with the grader. This will also help you accurately apply the law and reach a conclusion.

Some students—especially those that did not take Criminal Law or Criminal Procedure in law school—find it helpful to make a separate page of vocabulary terms or key words to use in an MEE answer. We recommend you try that if you struggle with Criminal Law and Procedure vocabulary.

4. Practice! 

Practice is critical if you want to master Criminal Law and Procedure on the MEE. As an added bonus, you will probably also see your Criminal Law MBE score improve since Criminal Law is tested on both the MEE and MBE.

Here, we have provided you with some links to free Criminal Law and Procedure questions and NCBE point sheets. (If you would like to purchase a book of Criminal Law and Procedure MEE questions and NCBE point sheets from 2005 to the most recent administration available, check out our  MEE books  here. You can also see some additional exams  on the NCBE website for free here .)

  • February 2023 Criminal Procedure MEE: this MEE covers proper execution of a search warrant; knock-and-announce rule; plain-view doctrine ; Terry search scope; exclusionary rule scope; and particularity of a warrant.
  • July 2016 Criminal Procedure MEE (combined with Evidence) : this MEE covers Fifth Amendment Miranda warnings.
  • July 2015 Criminal Law MEE: this MEE covers insanity as a defense and homicide.
  • July 2009 Criminal Law and Criminal Procedure MEE: this MEE covers the Fourth Amendment and attempt.
  • Go to the next topic, Evidence .

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Criminal Law MBE Practice Test

  • This introductory prep test is designed to familiarize you with the types of questions you will encounter on the Multistate Bar Exam (MBE) in the area of Criminal Law and Procedure. The format is multiple-choice with four possible answers, and your task is to select the best one.
  • Unlike the official MBE, this practice test is untimed, allowing for a stress-free study session that can enhance both understanding and long-term retention of the material. Studying with a relaxed mind improves your reasoning abilities and capacity for complex analysis.
  • The official MBE, administered by the National Conference of Bar Examiners (NCBE), is a rigorous six-hour test comprising 200 questions across seven legal practices. In our practice test, half of the questions cover constitutional protections for accused persons, including topics like arrest procedures and trial rights. The remainder focuses on criminal offense elements, inchoate crimes, criminal responsibility, and legal defenses.
  • While we can’t promise specific outcomes, our goal is to bolster your chances of success on the MBE. We are committed to continuously enhancing our materials to keep pace with the evolving nature of the MBE.

Our practice tests include comprehensive explanations that delve into how legal principles are applied by the courts, thereby deepening your understanding and equipping you to tackle the MBE’s criminal law questions more effectively.

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Test Format 

The MEE consists of six 30-minute questions. Areas of law that may be covered on the MEE include the following: Business Associations (Agency and Partnership; Corporations and Limited Liability Companies), Civil Procedure, Conflict of Laws, Constitutional Law, Contracts (including Article 2 [Sales] of the Uniform Commercial Code), Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates (Decedents' Estates; Trusts and Future Interests), and Article 9 (Secured Transactions) of the Uniform Commercial Code. Some questions may include issues in more than one area of law. The particular areas covered vary from exam to exam.  

Effective with the July 2026 bar exam, the following areas will no longer be tested on the MEE: Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions.

For instructions provided with each MEE, see  Instructions for Taking the MEE .

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Gagarin Cup Preview: Atlant vs. Salavat Yulaev

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Gagarin cup (khl) finals:  atlant moscow oblast vs. salavat yulaev ufa.

Much like the Elitserien Finals, we have a bit of an offense vs. defense match-up in this league Final.  While Ufa let their star top line of Alexander Radulov, Patrick Thoresen and Igor Grigorenko loose on the KHL's Western Conference, Mytischi played a more conservative style, relying on veterans such as former NHLers Jan Bulis, Oleg Petrov, and Jaroslav Obsut.  Just reaching the Finals is a testament to Atlant's disciplined style of play, as they had to knock off much more high profile teams from Yaroslavl and St. Petersburg to do so.  But while they did finish 8th in the league in points, they haven't seen the likes of Ufa, who finished 2nd. 

This series will be a challenge for the underdog, because unlike some of the other KHL teams, Ufa's top players are generally younger and in their prime.  Only Proshkin amongst regular blueliners is over 30, with the work being shared by Kirill Koltsov (28), Andrei Kuteikin (26), Miroslav Blatak (28), Maxim Kondratiev (28) and Dmitri Kalinin (30).  Oleg Tverdovsky hasn't played a lot in the playoffs to date.  Up front, while led by a fairly young top line (24-27), Ufa does have a lot of veterans in support roles:  Vyacheslav Kozlov , Viktor Kozlov , Vladimir Antipov, Sergei Zinovyev and Petr Schastlivy are all over 30.  In fact, the names of all their forwards are familiar to international and NHL fans:  Robert Nilsson , Alexander Svitov, Oleg Saprykin and Jakub Klepis round out the group, all former NHL players.

For Atlant, their veteran roster, with only one of their top six D under the age of 30 (and no top forwards under 30, either), this might be their one shot at a championship.  The team has never won either a Russian Superleague title or the Gagarin Cup, and for players like former NHLer Oleg Petrov, this is probably the last shot at the KHL's top prize.  The team got three extra days rest by winning their Conference Final in six games, and they probably needed to use it.  Atlant does have younger regulars on their roster, but they generally only play a few shifts per game, if that. 

The low event style of game for Atlant probably suits them well, but I don't know how they can manage to keep up against Ufa's speed, skill, and depth.  There is no advantage to be seen in goal, with Erik Ersberg and Konstantin Barulin posting almost identical numbers, and even in terms of recent playoff experience Ufa has them beat.  Luckily for Atlant, Ufa isn't that far away from the Moscow region, so travel shouldn't play a major role. 

I'm predicting that Ufa, winners of the last Superleague title back in 2008, will become the second team to win the Gagarin Cup, and will prevail in five games.  They have a seriously well built team that would honestly compete in the NHL.  They represent the potential of the league, while Atlant represents closer to the reality, as a team full of players who played themselves out of the NHL. 

  • Atlant @ Ufa, Friday Apr 8 (3:00 PM CET/10:00 PM EST)
  • Atlant @ Ufa, Sunday Apr 10 (1:00 PM CET/8:00 AM EST)
  • Ufa @ Atlant, Tuesday Apr 12 (5:30 PM CET/12:30 PM EST)
  • Ufa @ Atlant, Thursday Apr 14 (5:30 PM CET/12:30 PM EST)

Games 5-7 are as yet unscheduled, but every second day is the KHL standard, so expect Game 5 to be on Saturday, like an early start. 

The Unique Burial of a Child of Early Scythian Time at the Cemetery of Saryg-Bulun (Tuva)

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Pages:  379-406

In 1988, the Tuvan Archaeological Expedition (led by M. E. Kilunovskaya and V. A. Semenov) discovered a unique burial of the early Iron Age at Saryg-Bulun in Central Tuva. There are two burial mounds of the Aldy-Bel culture dated by 7th century BC. Within the barrows, which adjoined one another, forming a figure-of-eight, there were discovered 7 burials, from which a representative collection of artifacts was recovered. Burial 5 was the most unique, it was found in a coffin made of a larch trunk, with a tightly closed lid. Due to the preservative properties of larch and lack of air access, the coffin contained a well-preserved mummy of a child with an accompanying set of grave goods. The interred individual retained the skin on his face and had a leather headdress painted with red pigment and a coat, sewn from jerboa fur. The coat was belted with a leather belt with bronze ornaments and buckles. Besides that, a leather quiver with arrows with the shafts decorated with painted ornaments, fully preserved battle pick and a bow were buried in the coffin. Unexpectedly, the full-genomic analysis, showed that the individual was female. This fact opens a new aspect in the study of the social history of the Scythian society and perhaps brings us back to the myth of the Amazons, discussed by Herodotus. Of course, this discovery is unique in its preservation for the Scythian culture of Tuva and requires careful study and conservation.

Keywords: Tuva, Early Iron Age, early Scythian period, Aldy-Bel culture, barrow, burial in the coffin, mummy, full genome sequencing, aDNA

Information about authors: Marina Kilunovskaya (Saint Petersburg, Russian Federation). Candidate of Historical Sciences. Institute for the History of Material Culture of the Russian Academy of Sciences. Dvortsovaya Emb., 18, Saint Petersburg, 191186, Russian Federation E-mail: [email protected] Vladimir Semenov (Saint Petersburg, Russian Federation). Candidate of Historical Sciences. Institute for the History of Material Culture of the Russian Academy of Sciences. Dvortsovaya Emb., 18, Saint Petersburg, 191186, Russian Federation E-mail: [email protected] Varvara Busova  (Moscow, Russian Federation).  (Saint Petersburg, Russian Federation). Institute for the History of Material Culture of the Russian Academy of Sciences.  Dvortsovaya Emb., 18, Saint Petersburg, 191186, Russian Federation E-mail:  [email protected] Kharis Mustafin  (Moscow, Russian Federation). Candidate of Technical Sciences. Moscow Institute of Physics and Technology.  Institutsky Lane, 9, Dolgoprudny, 141701, Moscow Oblast, Russian Federation E-mail:  [email protected] Irina Alborova  (Moscow, Russian Federation). Candidate of Biological Sciences. Moscow Institute of Physics and Technology.  Institutsky Lane, 9, Dolgoprudny, 141701, Moscow Oblast, Russian Federation E-mail:  [email protected] Alina Matzvai  (Moscow, Russian Federation). Moscow Institute of Physics and Technology.  Institutsky Lane, 9, Dolgoprudny, 141701, Moscow Oblast, Russian Federation E-mail:  [email protected]

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