Free MO Bar Written Portion Questions and Answers
A state passes a law that restricts freedom of speech in public areas based on content. What standard of review will the court use to evaluate the constitutionality of this law?
Laws that restrict freedom of speech based on content are subject to strict scrutiny under the First Amendment. This means the state must show that the law serves a compelling governmental interest and is narrowly tailored to achieve that interest.
A property owner grants a neighbor the right to use a path across their land for 20 years. What type of interest does the neighbor have in the path?
An easement is a legal right to use another’s land for a specific purpose. In this case, the neighbor's right to use the path is an easement, which allows them to use the property for the specified duration and purpose, but does not transfer ownership of the land.
A buyer and seller enter into a contract for the sale of goods. The contract specifies that delivery is to be made within 30 days. After 20 days, the buyer notifies the seller that they no longer wish to proceed with the contract. What is the legal effect of the buyer’s notification?
Under contract law, a buyer can terminate a contract before the performance is due if they give notice to the seller. In this case, the buyer’s notification before delivery is a form of anticipatory repudiation, which the seller can accept and terminate the contract. The seller is entitled to damages for any losses suffered, but they are not obligated to complete the delivery if they accept the termination.
During a routine traffic stop, an officer searches a vehicle without a warrant and finds illegal drugs. The driver argues that the search was unconstitutional. How will the court likely rule?
Under the Fourth Amendment, searches conducted without a warrant are generally considered unreasonable. However, if the officer had probable cause to believe that the vehicle contained illegal items, the search may be justified, and the evidence obtained can be admissible in court.
A person is injured in a car accident caused by another driver who was texting while driving. Which of the following is most likely true regarding the injured person's potential claims?
In tort law, a person who is injured due to another's negligence can claim damages regardless of other factors, such as speeding. Texting while driving is considered a breach of the duty of care owed to other road users, and the injured person can claim damages for the harm caused by this negligence.