FREE MD Bar Multistate Bar Questions and Answers
Scenario: During a trial, the prosecution wants to introduce a statement made by a witness who is unavailable to testify due to illness. What rule of evidence might allow the prosecution to admit the statement?
A statement against interest is an exception to the hearsay rule and can be admissible if it was made by a person who is now unavailable and was against their own interest at the time it was made. Since the witness is unavailable, the prosecution can use this exception to admit the statement.
Scenario: David and Maria enter into a contract for David to sell Maria a used car. David fails to deliver the car, and Maria seeks damages for the breach. What type of damages is Maria most likely entitled to?
Expectation damages aim to put the non-breaching party in the position they would have been in if the contract had been performed. Maria would be entitled to expectation damages, which would cover the difference between the value of the car as promised and the value of any alternative she had to obtain due to David’s breach.
Scenario: A state law prohibits all forms of political protest in public parks. An organization challenges the law, arguing that it violates the First Amendment. How is the state law likely to be evaluated by the court?
Laws that restrict fundamental rights, such as the First Amendment right to freedom of speech, are subject to strict scrutiny. This means the law must be narrowly tailored to serve a compelling government interest. A total ban on political protest in public parks is likely to be considered a significant restriction on speech and thus subject to strict scrutiny.
Scenario: Sam is driving his car and negligently crashes into another vehicle, causing injury to the other driver. The other driver wants to recover damages. Which doctrine is used to determine whether Sam is liable for the injuries caused by the accident?
In this scenario, the doctrine of negligence applies. Negligence involves a failure to exercise reasonable care that results in harm to another person. Since Sam’s actions were negligent and caused injury, he is liable under the principles of negligence.
Scenario: Police arrest Karen without a warrant after observing her committing a crime in their presence. What is the primary legal justification for this arrest?
Exigent circumstances allow police to make an arrest without a warrant if they witness a crime occurring or if there is an immediate need to act to prevent harm, escape, or destruction of evidence. Since the police observed Karen committing a crime, this is a classic example of exigent circumstances that justifies the warrantless arrest.