Free MO Bar Multistate Performance Questions and Answers
Task: Draft a complaint for a breach of contract case.
Fact Pattern: Client A entered into a written contract with Vendor B for the supply of 500 units of product by January 1. Vendor B delivered only 300 units by the deadline. Client A experienced significant business disruption due to the shortfall.
Which of the following statements should be included in the complaint?
In a breach of contract complaint, it is crucial to include a detailed account of how the breach affected the client’s business. This helps establish the damages and impact of the breach. Admissions of vagueness, requests for review of fairness, or statements about good faith are not directly relevant to proving the breach and its effects.
Task: Draft a demand letter to a company requesting payment for overdue invoices.
Fact Pattern: Your client, Small Business Inc., has issued three invoices to Big Corp. for consulting services rendered. Each invoice was due 30 days from the date issued, but Big Corp. has not paid any of them. The total amount overdue is $15,000. Your client has made several attempts to contact Big Corp. to resolve the issue, but has received no response.
Which of the following should be included in the demand letter to ensure it is effective?
The primary purpose of a demand letter is to prompt the recipient to fulfill their financial obligation before pursuing legal action. Including a clear demand for payment and a warning of legal consequences if the payment is not made within a specified time frame is essential for compelling the recipient to act. Detailed accounts of prior communications or summaries of services are less relevant to the immediate goal of obtaining payment.
Task: Analyze a legal memorandum and identify potential weaknesses.
Fact Pattern: You receive a legal memorandum arguing that a new state law is unconstitutional. The memo provides several arguments but lacks a thorough analysis of the legal standards applied by courts.
What is a primary weakness of the memorandum?
When analyzing a constitutional challenge, it is crucial to apply the correct standard of review, such as strict scrutiny, intermediate scrutiny, or rational basis review, depending on the nature of the law being challenged. Failing to apply the appropriate standard is a significant weakness in assessing the validity of the arguments.
Task: Draft a settlement agreement resolving a dispute between two parties.
Fact Pattern: Parties A and B have reached a settlement in a dispute over a contract breach. The settlement includes payment of $10,000 by Party A to Party B and a mutual release of claims.
Which of the following should be included in the settlement agreement to ensure it is comprehensive?
A comprehensive settlement agreement should include a mutual release of all claims related to the dispute to ensure that no further claims can be made. Including a confidentiality provision is also common if the parties agree to keep the terms of the settlement confidential. Detailed accounts of negotiations or provisions for revocation are less essential in the context of a final and binding settlement.
Task: Draft a non-compete clause for an employment contract.
Fact Pattern: Client C is hiring a new employee and wants to include a non-compete clause in the contract to prevent the employee from working for a competing company within a 50-mile radius for one year after leaving Client C’s company.
Which of the following provisions is most likely to be enforceable in Missouri?
In Missouri, non-compete clauses are enforceable if they are reasonable in duration and geographic scope and protect legitimate business interests. Unlimited duration or overly broad geographic restrictions are likely to be deemed unenforceable. The clause should be tailored to the specific needs and information relevant to the employment situation.