FREE CAS Bar Multistate Bar Questions and Answers
In a contract for the sale of goods under the Uniform Commercial Code (UCC), when can a seller properly refuse to deliver goods?
Under the UCC, a seller can refuse to deliver goods if they have a reasonable belief that the buyer will not perform their obligations (anticipatory repudiation). This allows the seller to protect themselves from potential loss due to the buyer’s failure to fulfill their end of the bargain. A non-material breach or late payment does not typically justify refusal to deliver.
What is the primary characteristic of a "fee simple absolute" in real property law?
A fee simple absolute is the most complete form of ownership in real property, representing the greatest interest in the property that can be held. It is not subject to any conditions or limitations, and it can be transferred or inherited without restriction. It does not include conditions or revert to the original grantor, nor does it end upon the death of the holder.
Under the Federal Rules of Evidence, which of the following is NOT a recognized hearsay exception?
Statements made in the course of a witness’s deposition are generally not considered hearsay because they are made under oath and are subject to cross-examination, making them admissible as evidence. The other options are recognized hearsay exceptions: statements made by a party-opponent, statements for medical diagnosis or treatment, and business records.
Which of the following is true about the legal definition of "attempt" in criminal law?
For a crime to qualify as an attempt, the defendant must have taken substantial steps toward committing the crime, beyond mere preparation. The defendant must have intended to commit the crime, and their actions must show a clear intent to carry out the criminal objective. However, the crime does not need to be completed for an attempt charge.
Which of the following statements best describes the standard of review used by courts when evaluating whether a law violates the Equal Protection Clause of the Fourteenth Amendment?
Strict scrutiny is the highest level of judicial review and is applied when a law discriminates based on a suspect classification (e.g., race, national origin) or when it infringes on a fundamental right (e.g., voting, privacy). The government must prove that the law is narrowly tailored to achieve a compelling governmental interest. Rational basis review, on the other hand, is used for laws that do not involve suspect classifications or fundamental rights, requiring only that the law be rationally related to a legitimate government interest.