FREE MD Bar Essay Questions and Answers
Under common law, which of the following is NOT generally required to form a valid contract?
For most contracts, mutual assent (offer and acceptance), consideration, and capacity are required to form a valid contract. However, a written form is not generally required for a contract to be valid, except in specific cases governed by statutes such as the Statute of Frauds, which requires certain contracts to be in writing.
What is the primary test used by courts to determine whether a state law that restricts commercial speech violates the First Amendment?
The test used to evaluate restrictions on commercial speech is the "Intermediate Scrutiny" standard. Under this test, the state must show that the regulation directly advances a substantial government interest and is not more extensive than necessary to serve that interest. This standard is less stringent than strict scrutiny but more rigorous than rational basis review.
Under the Federal Rules of Evidence, which of the following is generally considered a hearsay statement?
Sovereign immunity is a legal doctrine that protects government entities from being sued for damages resulting from their actions, unless immunity is waived. In Maryland, municipalities and other government bodies generally have immunity from tort claims unless the immunity is explicitly waived by statute or legislation.
In tort law, which of the following is NOT a necessary element to establish a claim of negligence?
To establish a claim of negligence, a plaintiff must prove duty, breach, causation (both actual and proximate), and damages. Intent is not required in negligence cases; it is relevant in intentional torts instead.
What is the standard of proof required for a criminal conviction in the United States?
In criminal cases, the standard of proof required for a conviction is "Beyond a Reasonable Doubt." This is the highest standard of proof and requires that the evidence be so convincing that there is no reasonable doubt about the defendant’s guilt.