Multistate Bar (MBE) OPE 1 Practice Exam

These questions are part of the practice quiz. Start practicing

• In a criminal homicide case, the jury may convict of murder or manslaughter based on whether the third shot was fired in heat of passion provoked by prior acts. Which statement is correct?
• Which statement is true about the M'Naghten test?
• In a subdivision where eight later deeds include a 15-year covenant running with the land, which statement about Lot 1 is most accurate?
• In a case where authorities encouraged a private individual with a reward to perform additional investigative searches that would lead to criminal charges, what is the likely ruling regarding admissibility of the second search?
• The declarant testifies about a statement made outside of court. Which rule governs the admissibility of that statement to prove the truth?
• Under a 10-year judgment lien statute, a judgment is a lien on real property then owned or subsequently acquired by the judgment debtor for 10 years. If the debtor sells property within the 10-year period, what is the effect on the proceeds?
• Under the preexisting duty rule, modification is enforceable if the original contract is rescinded and a new contract is formed.
• A dentist is performing anesthesia and a hypodermic needle breaks in the patient’s gum due to a manufacturing defect. Is the patient likely to recover damages in an action against the dentist on strict products liability and malpractice?
• A patient consents to a surgical procedure; the surgeon uses a different technique that is within the scope of the consent. Is this permissible?
• A person intentionally takes a substantial step toward committing burglary with the intent to commit burglary but is deterred before completing the crime. Is this attempt?
• A contract has been modified after assignment with consideration. What is the effect on the rights of the assignee?
• A buyer and a seller entered into a written contract for the sale of an identified parcel of land. The contract requires the buyer to pay $150,000 cash at closing but does not state a closing date. The parties have not agreed on a closing date because the buyer is unsure how to raise the cash. Fifteen days after signing, the seller learns he could sell the land to a third party for $200,000 and offers to rescind; the buyer refuses. The seller then sells to the third party. Who has the right to enforce the contract?
• In a libel case brought by a professor against a dean who truthfully stated in response to an inquiry that the professor had abused patients (a claim later proven false), will the professor prevail if the dean can show that the professor invited the inquiry and authorized publication?
• Which statement best describes the fundamental requirements for a valid donative transfer of real property?
• Under takings doctrine, policy that eliminates a property owner’s investment-backed expectations is most likely to be treated as a taking requiring just compensation. Which option best captures this rationale?
• In an aggravated assault trial, is a witness's post-incident statement by the victim, stating 'I'm dying—don't let [the defendant] get away with it,' admissible?
• A state statute reduces juries in criminal trials to 6 jurors and allows nonunanimous verdicts. A defendant is tried for murder by a 6‑person jury and is convicted 5–1. In a federal habeas corpus proceeding, how is the court likely to rule about the nonunanimous verdict and the size of the jury?
• In the burglary scenario, what is the crime charged for nighttime entry with intent to commit a felony?
• Which argument most supports the constitutionality of a Forest Service regulation imposing penalties for negligent or prohibited campfire use?
• A debtor owes $1,500 but the claim is barred by the statute of limitations. The debtor writes, “I promise to pay you $500 if you will extinguish the debt.” The lender agrees. Is the promise enforceable?
• Would the minister's interdenominational prayer at a public high school graduation be constitutional?
• At a defendant's trial for a gang-related murder, the prosecution seeks to impeach a gang member who testified earlier at a preliminary hearing and now asserts the privilege against self-incrimination. Which of the following is most likely to be admissible to attack the gang member's credibility?
• In a contract where an innkeeper contracted for “daily service” with a laundry, knowing the innkeeper’s expectation of seven days a week but the laundry knew a different meaning, which meaning controls?
• In the first scenario, what is the governing rule about a professional’s duty of care to third parties?
• Under the Full Faith and Credit Clause, what should a State A court do if a final judgment from State B has determined the disposition of a dispute involving title to property, and the same plaintiff later sues in State A to relitigate title?
• Should the defendant's motion to dismiss the indictment on double jeopardy grounds be granted?
• What is the proper remedy for misrepresentation in the car sale scenario?
• A plaintiff sues her employer alleging work conditions caused a stomach ulcer. A medical expert relies in part on a letter from the plaintiff’s personal doctor to the employer explaining missed work. Is the letter admissible to prove causation?
• A contract for sale of goods worth $4,000 is modified to reduce price to $3,500 with no new consideration. The modification is made in good faith. Is it enforceable?
• Salvage proceeds from resale reduce the damages in UCC breach cases. Which statement is correct?
• An oral contract for the sale of goods for $600 exists; goods are delivered and accepted by the buyer. Is the contract enforceable?
• When conveyed to a church under a deed stating the land is to be held in fee simple determinable with the church’s future interest as a possibility of reverter, which description best fits the grantor’s retained interest?
• At trial, a homeowner testifies that after discovering flooding, she called the plumber who responded, “I’ll come by tomorrow and redo the installation for free.” Is this testimony admissible as evidence?
• In the sale of antiques to the National Park Service, who bears the responsibility for state sales tax on purchases?
• A bank and a car dealer agree to extend the time for payment of a note in installments with no interest; later, the bank demands immediate payment. The bank’s claim is strongest because:
• In a joint tenancy, what happens to a decedent’s share when another joint tenant dies?
• In a drug-trafficking trial, the judge may instruct the jury that if the defendant obtained the drugs in one city and delivered them to another, the jury may, but is not required to, conclude that the transport was interstate. This instruction demonstrates which principle?
• A witness offers an opinion about the speed of a car. May a lay witness give such an opinion?
• A landowner and a contractor entered into a written contract for building and paving at a price of $200,000. Later, they agreed orally that the contractor would not be obligated to pave the sidewalk but would still receive $200,000 upon completion. The contractor completed the project. The landowner demanded paving; the contractor refused. Has the contractor breached?
• A businessman owns a hotel subject to a mortgage securing a debt he owes to a bank and also owns a nearby garage financed by a loan secured by a mortgage on the garage. A statute provides that any properly filed judgment is a lien on real property owned by the judgment debtor for 10 years. A foreclosure sale of the hotel mortgage occurs, and later a foreclosure sale on the garage mortgage occurs. Which statement about the distribution of proceeds from the garage foreclosure is correct?
• Under the parol evidence rule, which of the following is an exception allowing extrinsic evidence to be considered?
• An oral license to share a private road is given to a neighbor by the landowner. After three years, the landowner conveys the land to a grantee who revokes permission. Who is likely to prevail on a claim to continue using the road?
• In a conspiracy trial, is it necessary for a conspirator to be present at the commission of each crime conspired upon for liability?
• Which claim provides the least support for a plaintiff seeking reinstatement after whistleblower disclosures under the Privileges and Immunities Clause?
• A state legislature passes a statute that deprives two named professors of their salaries on the grounds of political speech, without any trial. This is unconstitutional because:
• In federal court, must the government obtain an indictment from a grand jury for a felony charge?
• A customer slips on a banana peel at a grocery store. The peel was fresh and unblemished except for a mark from the customer's heel. In an action against the store, these are the only facts. Should the trial judge permit the case to go to the jury?
• In a breach of contract action, a teacher was to be paid 10,000 for 10 weeks. After the camp breached, the teacher earned 6,000 elsewhere and incurred 200 in mitigation costs. What damages is the teacher entitled to recover?
• Police stakeout scenario: After seizing heroin on a suspect's person, officers enter the apartment with the resident's consent and observe heroin on the living room table. A pretrial motion to suppress is likely to fail because:
• A car owner washed her car on a public street in violation of a local ordinance. A sudden cold spell formed ice on a crosswalk, and a pedestrian slipped and injured herself. The only evidence of negligence is the ordinance violation. The court should grant or deny directed verdict?
• A consumer is injured by a manufactured snail found in a bottle of soda. The snail was introduced during bottling and visible before purchase. Will the consumer prevail under strict products liability?
• At a political rally, the wife sees a person place what she believes is a bomb, leaves with her husband and child; the bomb explodes; the wife did not warn others. In this jurisdiction, is there any crime by the wife for failing to warn?
• In a civil action, the plaintiff sues a decedent’s estate for injuries from a collision. Evidence shows the decedent crossed the centerline, causing the collision, and the decedent later suffered a fatal heart attack. A statute makes crossing the highway median a traffic offense. Which party is likely to prevail?
• What is the name of the exception that allows admission of evidence obtained in violation of the Fourth Amendment if discovered through an independent, sufficient source?
• In a criminal case, evidence of a defendant's prior similar misconduct is admitted under Federal Rule of Evidence 404(b) for what purposes, and Rule 609 for impeachment?
• Under UCC 2-708(2), what components make up damages when a seller is entitled to the profit the seller would have made, costs reasonably incurred, minus payments received for resale?
• A promise to buy as many widgets as I want at market price, with no quantity, is this enforceable?
• Is a doctor's letter admissible under the business-records hearsay exception in a case where it was not prepared in the ordinary course of business?
• Under the independent source doctrine, evidence obtained unlawfully may be admitted if there is an independent, sufficient source.
• A seller and buyer sign a contract for land with a provision that the buyer’s obligation to purchase is conditioned on obtaining a loan at an interest rate no higher than 10%. The buyer obtains a 10.5% loan and tendered the purchase price; the seller refuses to perform. Is the buyer likely to prevail?
• In a professional malpractice case, a plaintiff seeks to use a published treatise as reliability support. The defendant questions the reliability of the treatise, and the plaintiff asks the jury to examine the book themselves. Should the jury be allowed to examine the book?
• A factory emits loud noises that substantially interfere with a neighbor's use of their property. Is this a nuisance?
• An executive order requires Celsius temperatures for weather reports by federal agencies and private broadcasters. Is the order constitutional?
• Under the best evidence rule, duplicates are admissible unless a genuine reason exists to require the original.
• Regarding third-party criminal acts that arise from negligence, when is a negligent tortfeasor liable for such acts?
• A merchant offers to sell 100 widgets for $5 each, with acceptance by a reply within 3 days. The offer states, "This offer is revocable until accepted." The offeree posts an acceptance within 2 days. The offeror mails a revocation 1 day after the offeree posts. Is there a binding contract?
• A bottling company orders 100,000 empty plastic bottles at the posted price. The seller ships the bottles; The purchaser later receives an acknowledgment that disclaims consequential damages. After using the bottles for two months, the bottles leak; The company recalls 10,000 bottles costing $40,000 in lost profits. Assuming defenses are timely raised, will the company likely recover $40,000 in consequential damages from the seller?
• A defendant is charged with murder. What elements must be proven for common law murder (malice aforethought)?
• A witness testifies about a prior bad act to attack credibility. Is this allowed?
• On January 5, a creditor loaned $1,000 to a debtor under a contract requiring monthly payments of $100. On March 1, the debtor and creditor agree to extend the due date to the fifth and accept cashier’s checks. The loan is later assigned to a bank, which demands payments on the first. Can the debtor insist the payments be due on the fifth?
• A landlord and tenant entered into a written 2-year lease for 700 monthly rent. The tenant moved out mid-term and allowed a friend to take over the remaining 9 months, with the friend paying four months of rent before defaulting for the last five months. Who is liable for the last five months' rent?
• A county regulation prohibits all construction in a foothill area to conserve wildlife and plant habitats. The purchaser claims this is a taking of property rights. On what basis is the court likely to rule for the purchaser?
• What condition must be satisfied to permit cross-examination about a defendant's prior dishonest acts to impeach a witness's credibility?
• Nine gang members are charged with the murder of an informant who had cooperated with authorities. Eight gang members observed a knife attack but did nothing to help the informant. Are the eight members liable as accomplices?
• A tenant and a friend both face liability for the last five months' rent when the tenant assigns the tenancy to the friend for the remainder of the term. Which statement is true?
• In a fully integrated contract, extrinsic evidence may be used to interpret an ambiguous term.
• A driver sues a police officer for injuries sustained in an in-traffic collision after the officer was responding to an emergency. Should the court grant the driver's summary judgment based on the firefighter's rule?
• A creditor who has an existing judgment filed against a debtor in a county competes with a subsequently created mortgage to determine priority on real property. In a race-notice jurisdiction, which lien has priority?
• A certification from a state licensing board states that no license exists for a defendant. Is this certification admissible to prove the absence of a license in a civil misrepresentation action?
• Is a warrantless home search valid?
• If one co-conspirator is acquitted, can the remaining conspirators still be convicted of conspiracy based on independent evidence of the conspiracy?
• If a conspirator is in jail on unrelated charges during the last six robberies within the period of a charged conspiracy, can the remaining conspirators still be convicted of conspiracy?
• Given a federal statute requiring beer quality standards and a brewery’s challenge to the Bureau’s actions before standards are adopted, what is the proper judicial disposition?
• Which statement best describes the Full Faith and Credit Clause’s effect on judgments from another state?
• In a negligence case with pure comparative negligence, joint and several liability, and abrogation of intra-family liability, what is the maximum amount that the plaintiff can recover?
• A state passes a law that discriminates against out-of-state residents in employment that is not related to a fundamental right. What level of scrutiny applies?
• State troopers stop a driver for speeding and, after stopping, rely on a computer search that shows an outstanding warrant; the driver is arrested and heroin is found; the warrant later proves to be invalid due to a clerical update not made in time. Should the evidence be suppressed?
• Which statement best explains the constitutional basis for upholding Congress's delegation of rulemaking authority to a federal agency?
• A woman attempts to steal a neighbor's necklace by climbing through a bathroom window. The most serious crime among those listed is:
• In the land transfer scenario where the owner devises to his wife for life or until remarriage, then to their daughter, and the daughter later conveys to a friend, who holds the land after subsequent events?
• A buyer and seller sign a contract where payment is due on delivery; the buyer informs the seller on the eve of performance that it will not perform. The seller may treat this as anticipatory repudiation. What may the seller do?
• A surgeon leaves a surgical sponge in a patient. Does res ipsa loquitur apply?
• A man threatens neighbors with racial epithets to frighten them; the state law punishes threats to cause fear of violence. He claims he intended only to scare, not to kill. Can the man constitutionally be convicted under this law?
• On a bus, a passenger taps a woman to get her attention about a forgotten package. The touch causes a back injury. Will the woman likely prevail in a battery action?
• Transferred intent is applicable to which torts?
• After a deed has been delivered and accepted, a buyer cannot sue on the contract for title. What is the buyer's proper remedy for title issues?
• Under pure comparative negligence with joint and several liability and abrogation of intra-family liability, which statement about recovery is correct?
• Delivery of a deed to convey real property for gift occurs when the donor hands the deed to the donee's agent, provided what condition is met?
• To recover for injuries from an abnormally dangerous animal, what must a plaintiff prove?
• In a personal injury case, the plaintiff sues a store for injuries from a slip at the store’s entry. Before suit, the store offers to pay medical bills and the plaintiff releases claims. At trial, the plaintiff seeks to admit the store manager’s statement that there was slush on the entryway. Is the statement admissible?
• In the mother-and-son breach of contract scenario with a tutor, if the tutor repudiates and a substitute instructor would have cost $1,000 more, what damages are recoverable?
• An uncle holds record title to vacant land. He tells friends he will leave the land to his nephew in his will. The nephew conveys the land by warranty deed to a woman for $10,000; she does not perform a title search. She records her deed. The uncle dies, leaving the land to the nephew in his will. Both the nephew and the woman now claim ownership. The nephew offers to return the $10,000 to the woman. Who has title to the land?
• In a crime case involving attempt, which statement correctly describes the essential element of common-law attempt?
• Interrogation in custody without Miranda warnings: Are any statements admissible?
• In a civil case, a witness’s prior inconsistent statement made during a private dinner conversation is offered to impeach the witness. What is the proper understanding of its admissibility?
• The independent source doctrine is an exception to the exclusionary rule.
• When a government action restricts speech in a limited public forum based on content, which standard applies and what must the government show to satisfy it?
• Which statement correctly states the effect of a transferee taking land ‘subject to’ a mortgage with a due-on-sale clause?
• What is the effect of the two-witness requirement for a will on the validity of a deed conveying real property?
• A landowner signs a deed to a friend stating, 'This is yours, but please do not record it until after I am dead.' The owner later dies intestate, and the friend records the deed after the owner's death. Who has title, and what is the likely court ruling?
• A contract for three structures is divisible into separable parts. The buyer has paid for the first structure but the builder refuses to complete the other two. Under divisibility, the buyer may recover:
• Under common law, a contract for the sale of real property does not require a fixed closing date in writing; performance within a reasonable time is implied. Which statement is true?
• Extrinsic evidence is admissible to prove fraud in the formation of a contract even if the contract is fully integrated.
• Under equitable conversion in a land sale contract with no risk-of-loss clause, if the court rules for the buyer, what explains the allocation of risk?
• Res ipsa loquitur applies when the event would not ordinarily occur without negligence and the instrumentality was under the defendant's control.
• In financial straits and needing $4,000 immediately, a nephew asks his uncle for a $4,000 loan. The uncle says he will lend the money only if the nephew's mother guarantees. The mother promises to repay if the nephew does not. The uncle lends $4,000 to the nephew; the nephew orally agrees to repay. The next day, the mother writes to the nephew promising to repay the six-week loan if he doesn’t. Neither the nephew nor the mother repays. The uncle sues the mother for breach of contract. The mother raises the statute of frauds as her defense. Is the mother's promise enforceable?
• When two parties attach significantly different meanings to the same material term, which interpretation controls?
• In a civil fraud action involving real estate, a second witness testifies about a first witness’s prior statement, made in a dinner conversation, that the defendant was involved in the fraud. The first witness had previously denied involvement. Is the second witness’s testimony admissible?
• Jeopardy attaches in a criminal proceeding when the jury is sworn, or in a bench trial when the court begins to hear evidence. Which option best reflects this rule?
• What is the essential element of battery?
• A psychiatrist misdiagnosed an adult patient’s suicidal state; the patient later commits suicide. The patient’s father suffers a stroke after learning of his son’s death and sues the psychiatrist for severe emotional distress. Will the father prevail?
• In strict product liability, which element is required?
• A grantor executed a warranty deed purporting to convey land to a church, with the language: to the church and its successors forever, so long as the premises are used for church purposes. The buyer later refuses to close. Is the church likely to prevail in a suit for specific performance?
• Res ipsa loquitur in tort law typically requires that the plaintiff show:
• In a case involving a drug sale across state lines, the judge tells the jury that it may infer interstate transport if proven that the drugs were obtained in one city and delivered in another. This is an example of which concept?
• A law burdens religious practice. The standard the law must meet to be upheld is:
• A law student rents a furnished apartment. The landlord asks for legal advice; the student refuses. The landlord then demands that he vacate. The landlord harasses him by calling every evening and entering his apartment without consent during school hours. The landlord removes faucet handles from the bathroom and kitchen but does not touch the student’s personal property. The lease has a year to run. The student sues for trespass. Is he likely to prevail?
• In federal court, felonies generally require indictment by a grand jury, subject to limited exceptions. Which statement is accurate?
• At a civil trial for slander, the plaintiff shows that the defendant called the plaintiff a thief. The defendant introduces a witness who says, "I have been the plaintiff's neighbor for many years, and people in our community generally have said that he is a thief." Is the testimony concerning the plaintiff's reputation admissible?
• Hearsay is an out-of-court statement offered for truth. Is it admissible without an exception?
• Under FRE 408, which is a permissible use of evidence from compromise negotiations?
• A promised to pay B $200 to paint a house that A had already contractually agreed to have painted for $1,000. After starting, A asks B to paint a second coat for an extra $150. The parties exchange no new consideration. Is the modification enforceable?
• What does the M'Naghten test focus on?
• For a valid donative transfer of real property, which elements are required?
• Negligent misrepresentation causing emotional distress: Is the applicant likely to prevail when he suffers emotional distress but no physical injury or pecuniary loss?
• A state enacts a law burdening religious practice. The law will be upheld only if it passes what standard?
• A professor sues for defamation after a dean publicly stated reasons that later proved false, but the dean had invited the inquiry and was authorized to discuss the professor’s case. Which defense best explains why the professor would not prevail?
• A federal statute permits states to require labeling showing geographic origin of citrus fruit imported into the state. A state stamps imported citrus with a two-letter postal abbreviation signifying the origin, but imposes no such requirement for fruit grown within the state. A national association sues to declare the law unconstitutional under the Commerce Clause. Which statement is correct?
• A state statute requires, without exception, that a woman under the age of 18 notify one of her parents at least 48 hours before having an abortion. A challenge to this statute is pending. Should the court uphold the constitutionality of the statute?
• A contract between A and B provides that C will receive a specified benefit under the contract. Is C an intended or incidental beneficiary?
• In a jewelry store, a customer misrepresents himself to obtain a watch, later wears it, and threatens the clerk to avoid returning it. What is the most serious crime committed by the customer?
• In a negligence case where a construction trench operation leads to theft of goods, the court is asked to decide on cross-motions for summary judgment on the cognizable damages for the goods. Which outcome is correct?
• A defendant intentionally touches plaintiff in an offensive manner without consent. If the contact was aimed at someone else, can the defendant be liable for battery to the plaintiff under transferred intent?
• Should the state court issue an injunction against the sales tax on antiques purchased for a National Park Service contract?
• Under contract law, is the bakery likely to prevail in a breach of contract action against the chef who accepted a better offer after being hired to work as permanent employee?
• Under FRE Rule 703, may an expert rely on hearsay when forming an opinion, with the hearsay not admissible as evidence at trial?
• A landowner conveys land by quitclaim deed to his daughter and son as joint tenants in fee simple. The daughter then devises her interest to a friend in a will, and the son devises his interest to a cousin. Neither had married. The son dies, then the daughter dies. After probates, who owns the land?
• A store owner knows customers frequently slip on a wet floor but does not post warnings or mop. A customer is injured. Is the store owner liable?
• If a party seeks to recover damages for mitigation costs after a contract breach, which scenario would most likely reduce the damages recovered?
• Which element distinguishes larceny from other theft offenses, as illustrated by the watch case?
• In a real estate transaction, a seller makes no representations about the condition of the house and there is no statute requiring disclosures. The buyer sues for damages after discovering major latent defects shortly after closing. Which statement best describes the buyer’s likely recovery?
• Should the court allow defense counsel to ask the plaintiff about two prior intersection accidents in the last 12 months where the plaintiff received traffic citations for failing to stop at signs?
• A seller and purchaser sign a contract for a 60-year-old house. The contract requires a warranty deed to be given at closing. The deed includes covenants of title, and the purchaser records it. After a month, the house has major defects; The seller is genuinely surprised; There is no statute requiring disclosure. The purchaser sues for damages. Will the purchaser likely be successful?
• A man in a bar, intoxicated, shoots a customer after a confrontation. A statute defines first-degree murder as knowingly causing death after deliberation; Deliberation means cool reflection for any length of time; Second-degree murder is knowingly causing death. The man’s intoxication prevented the required deliberation. What is the likely conviction?
• For attempted possession of cocaine in a common-law jurisdiction, if an undercover officer and the dealer arrange to meet in 10 days but no acts toward securing the cocaine are taken, should the dealer be convicted of attempted possession?
• A landowner enters into a single contract with a builder to construct three different structures on separate parcels, each with a distinct price. After completing the first structure, the builder demands payment for that structure and states that he will not begin the other two. The landowner refuses to pay. Is the builder likely to prevail for the price of the first structure?
• Which of the following is a proper example of a party admission under Rule 801(d)(2)(A)?
• In the land scenario, if the landowner’s wife remarries and later conveys to her new husband, who ultimately holds the land when the life estate ends?
• In a civil breach-of-contract case, which standard governs admissibility of evidence proffered to prove contract formation?
• Estoppel by deed validates a deed when the grantor conveyed land without title but later acquires title. Which statement best describes the effect on the grantee’s title?
• A host points an unloaded revolver at a guest, threatening to shoot. The guest knows the revolver is not loaded. In an action for assault, will the guest prevail?
• In a drive-through robbery scenario, a woman threatens a clerk with a rifle to obtain money. For this single incident, which crimes can she be convicted of, and why?
• A carpenter remodels a home for $10,000, then contracts to buy a car with a price of $10,000 if paid on June 1; if paid later, $12,000. The homeowner breaches on June 1, and the carpenter suffers medical expenses but the total value of the work is $13,000. What is the carpenter’s measure of damages?
• A newspaper publishes a false statement about a public figure that harms reputation. The statement concerns a matter of public concern. For a public figure, what standard must the plaintiff prove?
• Under the mailbox rule, acceptance is effective when mailed if properly addressed and stamped. If the nephew’s acceptance is mailed on May 3 and the uncle’s acceptance is mailed on May 6, with the contract forming upon the uncle’s mailing on May 6, which statement is correct?
• In a land sale, the seller conveyed to an investor under a contract for the sale of land, but the seller later delivered a deed. The investor later sues another party for breach of title. Who bears liability for marketable title?
• In a breach of contract case, can an unjust enrichment claim exceed the contract price when all work has been completed and the only remaining obligation is payment?
• Which buyers are bound by the 15-year covenant running with the land in the described subdivision?
• On May 1, an uncle mails to his adult nephew: "I am thinking of selling my pickup truck, which you have seen and ridden in. I would consider taking $7,000 for it." On May 3, the nephew mails: "I will buy your pickup for $7,000 cash." The uncle receives this on May 5 and on May 6 mails: "It's a deal." On May 7, before the nephew had received the May 6 letter, he phones to say he no longer wants to buy due to a suspended driver’s license. Which statement about this exchange is accurate?
• At a burglary trial, a police officer testified that after arrest he questioned the defendant with a stenographer present but could not recall what was said. The prosecutor offered a photocopy of the stenographic transcript. The officer, after reviewing it, testified that he recalls the defendant’s admission. Should the officer’s testimony be admitted?
• The best evidence rule requires the original writing to prove its contents unless exceptions apply. Is a photocopy admissible if the original is unavailable?
• A state constitutional provision requires that in a criminal trial the accused confront witnesses face-to-face. The state’s highest court relied on state law to require the defendant to see the witness. The U.S. Supreme Court would not review such a decision because:
• After a liquor store robbery, police receive an anonymous tip naming an employee. The police persuade the employee's neighbor to visit the employee's home with a hidden tape recorder to discuss the crime. The employee admits the robbery. The employee moves to suppress the recording on the ground that the method violated the state constitution. If the state has a clear precedent that such recording violates the employee's state constitutional rights and the remedy is exclusion, should the court grant suppression?
• On cross-examination, is it proper to ask a witness whether the defendant falsified her medical school transcript to impeach credibility given a side-bar record reflecting disciplinary actions?
• If a tenant's financial condition becomes precarious and the landlord requests adequate assurance of performance, which of the following best describes the landlord's right if adequate assurance is not provided?
• Which burden of persuasion applies when a zoning board denies a permit for a group home and the denial is challenged on constitutional grounds, given that the use involves four or more unrelated adults and not a suspect class or fundamental right?
• Under the Uniform Commercial Code, when the seller sues for damages after a buyer repudiates a contract for specially manufactured goods that were resold for salvage, what is the correct damages measure per set?
• In a self-defense scenario under a retreat doctrine, a defendant uses non deadly force after being threatened. Should the defendant be convicted?
• Which of the following is NOT required to establish defamation of a public figure?
• A manufacturer sells a defective product that causes injury. Is the manufacturer strictly liable, and is privity necessary?
• A federal statute preempts a state law in the same field. What is this doctrine called?
• A group of students seeks to use a law school meeting room that is available on a first-come, first-served basis for a debate on affirmative action. The administration denies the room’s use, claiming the debate would disrupt the educational mission. Is the denial constitutional?
• A state law regulating in-state and out-of-state toy manufacturers discriminates in favor of in-state products and imposes an undue burden on interstate commerce. Under which constitutional principle is this most likely struck down?
• Under the Uniform Commercial Code, what discount applies to payment made within 15 days of delivery, given the parties' course of dealing?
• During negotiations to buy a used car, the dealer misrepresented the car's condition and concealed an accident history. The buyer sues to rescind. The most accurate statement is:
• A written contract contains a merger clause stating "This writing constitutes the entire agreement." A separate oral agreement contradicts a term in the writing. Is the oral agreement admissible to vary the contract?
• A federal excise tax of 100 is imposed on each new computer, and all tax proceeds are earmarked for licenses for computer software to be made available free to residents. Is this statute constitutional?
• An investor transfers property to a neighbor who takes it “subject to” a mortgage. The mortgage contains a due-on-sale clause, requiring acceleration if the mortgagor transfers without consent. Which party is personally liable for the mortgage debt?
• In a suit to reinstate a state employee fired for whistleblowing, which claim provides the least support for the employee?
• A Green state passes a law regulating Martian toys sold within the state because they depict Martian terrain; tests show that out-of-state competitors could sell similar toys at lower prices. The law burdens interstate commerce. What is the likely constitutional result?
• A homeowner with a defanged poisonous snake escapes during a storm; a worker is injured by fear of the snake. Will the worker prevail in a strict liability claim based on the animal?
• In a federal bank robbery case, the prosecutor calls the defendant's wife to testify about the clothing the defendant wore as he left their house. Should the wife be required to testify?
• Which doctrine explains why the U.S. Supreme Court cannot review the state court's decision when it rests entirely on state law?
• Under the UCC, when a party has reasonable grounds to worry about another party's performance, which form of assurance would constitute adequate assurance of performance?