MI Bar Multistate Bar

Question 1

Under common law, which of the following is NOT a requirement for a valid contract?

Accepted Answer

Performance

Answer

Mutual Assent

Answer

Consideration

Answer

Capacity

Question 2

In tort law, which of the following is a defense to a claim of negligence?

Accepted Answer

Assumption of Risk

Answer

Strict Liability

Answer

Vicarious Liability

Answer

Negligent Infliction of Emotional Distress

Question 3

Under the Federal Rules of Criminal Procedure, what is the primary purpose of a preliminary hearing?

Accepted Answer

To assess whether there is probable cause to charge the defendant

Answer

To determine the guilt of the defendant

Answer

To establish sentencing recommendations

Answer

To decide on bail conditions

Question 4

What is the primary test used to determine whether a government action violates the Establishment Clause of the First Amendment?

Accepted Answer

Lemon Test

Answer

Rational Basis Test

Answer

Intermediate Scrutiny

Answer

Strict Scrutiny

Question 5

In a civil lawsuit, the plaintiff wants to admit a statement made by a witness who is unavailable to testify. The statement, made during a business meeting, describes the witness’s opinion on a company’s financial status. Under the Federal Rules of Evidence, which statement is correct?

Accepted Answer

The statement is not admissible because it is an opinion about the company's financial status.

Answer

The statement is admissible under the business records exception.

Answer

The statement is admissible under the present sense impression exception.

Answer

The statement is admissible under the then-existing mental state exception.