FREE MI Bar Multistate Bar Questions and Answers
In tort law, which of the following is a defense to a claim of negligence?
"Assumption of Risk" is a defense to a claim of negligence. It argues that the plaintiff voluntarily assumed a known risk, which can bar recovery. Strict liability, vicarious liability, and negligent infliction of emotional distress are not defenses to negligence; rather, they are other legal concepts or claims within tort law.
Under common law, which of the following is NOT a requirement for a valid contract?
For a contract to be valid under common law, the essential requirements are mutual assent (offer and acceptance), consideration, and capacity. Performance, while important for contract fulfillment, is not a requirement for the formation of a valid contract.
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?
Under the Federal Rules of Evidence, opinions on a company's financial status are not admissible as hearsay exceptions.
What is the primary test used to determine whether a government action violates the Establishment Clause of the First Amendment?
The "Lemon Test" is used to determine whether a government action violates the Establishment Clause of the First Amendment. The test evaluates whether the action has a secular purpose, whether it advances or inhibits religion, and whether it fosters an excessive government entanglement with religion.
Under the Federal Rules of Criminal Procedure, what is the primary purpose of a preliminary hearing?
The primary purpose of a preliminary hearing is to determine whether there is probable cause to believe that a crime has been committed and that the defendant is the person who committed it. It does not determine guilt, establish sentencing, or decide bail conditions.