FREE MS Bar Multistate Bar Questions and Answers
Which of the following types of evidence is generally considered inadmissible in court due to the rule against hearsay?
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. A letter from a third party used to prove the truth of its contents is hearsay and generally inadmissible unless an exception applies.
Which of the following is a valid restriction on the freedom of speech under the First Amendment?
The First Amendment protects freedom of speech but allows restrictions on speech that incites imminent lawless action and is likely to produce such action. This is a narrow exception to the general protection of free speech.
Which of the following is an example of a condition precedent in a contract?
A condition precedent is an event or action that must occur before a party's obligation under a contract becomes effective. Option C describes a situation where a contract is contingent upon the occurrence of a specific event, fitting the definition of a condition precedent.
In which of the following situations would a "fee simple subject to a condition subsequent" estate terminate?
A fee simple subject to a condition subsequent is a type of property interest where the grantor retains a right of entry if a specified condition is breached. If the property is used in a way that violates the condition (e.g., used for non-residential purposes), the grantor may exercise the right of entry to terminate the estate.
Which of the following is required for a lawful search and seizure under the Fourth Amendment?
The Fourth Amendment protects against unreasonable searches and seizures, generally requiring a warrant supported by probable cause. However, one exception is when consent is given by someone with authority over the premises.