CO Bar Multistate Bar 3

Question 1

A contractor offers to build a deck for $10,000, stating the offer will remain open for 10 days. On day 5, before the homeowner accepts, the contractor calls and revokes. The homeowner accepts on day 6. Is there a contract?

Accepted Answer

No, because an offer without consideration for irrevocability may be revoked before acceptance

Answer

An offer is freely revocable before acceptance unless supported by consideration (option) or covered by the UCC firm offer rule, which applies only to merchants selling goods.

Question 2

Police arrest a suspect at home without a warrant based on probable cause that he committed a felony, entering after he opened the door and they pushed inside. The suspect confesses at the station after Miranda warnings. Under Payton and Harris, the confession is:

Accepted Answer

Admissible, because the stationhouse statement was not the fruit of the warrantless home entry given probable cause existed

Answer

Under New York v. Harris, a station-house statement made after a Payton violation is admissible if police had probable cause to arrest, because the statement is not a product of the illegal entry.

Question 3

Congress passes a statute stripping federal courts of jurisdiction to hear challenges to a specific federal immigration policy while leaving state courts available. The strongest argument for the statute's constitutionality is:

Accepted Answer

Congress has broad power under Article III to define and limit the jurisdiction of lower federal courts

Answer

Because Congress created the lower federal courts, it has broad authority to define and restrict their jurisdiction, provided some forum remains for constitutional claims.

Question 4

In a civil fraud trial, the plaintiff offers evidence that the defendant committed a similar fraudulent scheme against another victim two years earlier. This evidence is most likely:

Accepted Answer

Admissible to show a common plan or scheme, not to show character

Answer

Prior bad acts are admissible under FRE 404(b) for non-character purposes such as showing a common plan, scheme, motive, or intent.

Question 5

A tenant with a five-year lease vacates after two years and stops paying rent. The landlord immediately relets the premises to a new tenant at a lower rent. The landlord may recover from the original tenant:

Accepted Answer

The difference between the original rent and the rent received from the new tenant for the remainder of the term

Answer

A landlord who relets on the tenant's account mitigates damages and may recover the rent deficiency for the remainder of the lease term.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Multistate Bar 3