MD Bar Essay

Question 1

What is the primary test used by courts to determine whether a state law that restricts commercial speech violates the First Amendment?

Accepted Answer

Intermediate Scrutiny

Answer

Rational Basis Test

Answer

Strict Scrutiny

Answer

Balancing Test

Question 2

Under common law, which of the following is NOT generally required to form a valid contract?

Accepted Answer

Written Form

Answer

Mutual Assent

Answer

Consideration

Answer

Capacity

Question 3

In tort law, which of the following is NOT a necessary element to establish a claim of negligence?

Accepted Answer

Intent

Answer

Duty

Answer

Breach

Answer

Causation

Question 4

What is the standard of proof required for a criminal conviction in the United States?

Accepted Answer

Beyond a Reasonable Doubt

Answer

Clear and Convincing Evidence

Answer

Preponderance of the Evidence

Answer

Probable Cause

Question 5

Under the Federal Rules of Evidence, which of the following is generally considered a hearsay statement?

Accepted Answer

A statement made outside of court offered to prove the truth of the matter asserted

Answer

A witness testifying about what they personally observed

Answer

A statement made by a party to the case during the trial

Answer

A business record introduced to show the accuracy of its contents