FREE Multistate Bar Questions And Answers

Question 1

A couple who has been living together makes the decision to wed. The guy wants the woman to consent that, in the event of a divorce, all of the property he currently owns will remain in his name. That's something she agrees to, but she wants it in writing. They wed, though, without ever signing anything. The husband leaves the wife for another lady three months later. Due to their prenuptial agreement, he gives her notice that she must leave the house. When she doesn't leave, the husband files a lawsuit and demands that the oral prenuptial agreement be upheld. Will the husband's claim be likely upheld by the court?

Accepted Answer

No, because a contract in consideration of marriage must be in writing and the prenuptial was therefore not legal as long as it remained oral.

Answer

Explanation:
According to most state statutes of fraud, promises made in consideration of marriage must be in writing in order to be enforceable. For instance,
Section 506:2 of the New Hampshire Statute of Frauds mandates that any agreement made in consideration of marriage be put in writing. The
equivalent provision is found in Washington State's 19.36.010 of the Revised Code of Washington. Mercantile National Bank at Dallas v. Lieber,
331 SW 2d at 463–469 (TX Ct. of Civil Appeals, 1960).

Question 2

When she was seven months pregnant, a female executive assistant employee was let go from her job. She filed a Title VII civil rights lawsuit against the company in federal court alleging gender discrimination. The proposed witness had been a vice-president of the company and a close adviser to the president; at trial, she was not permitted to testify that she heard the human relations manager say in an informal meeting that the plaintiff and her predecessor were both fired due to what the manager described as "pregnancy complications." The suggested witness had served as the company's vice-president and a trusted advisor to the president. The jury rendered a verdict in favor of the defendant employer without the benefit of such crucial testimony. The plaintiff maintained that the testimony should have been accepted and that it did not qualify as hearsay under federal regulations in the appeal. The court is likely to rule in favor of the appeal and mandate a fresh trial.

Accepted Answer

Yes, because that kind of testimony is reliable and not excludable as hearsay.

Answer

Explanation:
A statement submitted against a party and made by the party's agent or servant about an issue within the scope of the agency or employment is not
considered hearsay, according to Rule 801(d)(2)(D). during the duration of the relationship. The case is Zaken v. Boerer, 964 F. (2d Cir. 1992) 2d 1319,
1322–23. These elements give the statement a high level of dependability and tend to favor its admission as a non-hearsay statement. In essence, this
statement was made against the employer's interest by the employer's agent or servant while performing their duties.

Question 3

In one state, both same-sex and opposite-sex couples were given the right to marry under the state constitution. A political organization managed to get a referendum on the ballot, and the majority of voters decided to outlaw same-sex marriage. Any additional rights that same-sex couples may have had under pre-existing state law were unaffected by the proposition. People who were impacted sued the state government for violating the due process clause of the Fourteenth Amendment by illegally taking away their rights and doing so for no justifiable reason. Will the court grant the lawsuit's petitions, nullify the proposition, and restore the ability to marry for same-sex couples?

Accepted Answer

Yes, under the due process clause no compelling state interest justifies denying same-sex couples the fundamental right to marry.

Answer

Explanation:
A majority of a state's people cannot remove a vested constitutional right. The United States Constitution's 14th Amendment guarantees due process
before the government can take away someone's life, liberty, or property. It also prohibits states from ""enforcing, facilitating, encouraging, or
authorizing such private discrimination,"" which was violated by this referendum by singling out a particular group for unfair treatment and stripping
them of their rights without a legal justification. The Obergefell v. Hodges case, 135 S. Ct. 135, required the aforementioned justification and complete
acknowledgment of the constitutional right of same-sex couples to marry. Ct. 2584 (2015), in which the Court stated that ""couples of the same sex
may not be deprived of that right and that liberty. The Due Process and Equal Protection Clauses of the Fourteenth Amendment prohibit depriving any
individual of any basic right, including the right to marry. The Supreme Court has officially ruled that same-sex couples have the freedom to marry.
They can no longer be denied this freedom. ”) Id. 135 S. Ct. at 2604-05.

Question 4

In a brand-new city, a pet shop owner launched a business. She was unaware that a recent ordinance barring the selling of cats and dogs from a retail pet business had been adopted by the city council. The law included a clause allowing pet stores to provide room for non-profit humane societies to adopt pets from pet stores. The owner filed a lawsuit against the city in federal court, alleging a breach of the Fourteenth Amendment's guarantees of equal protection and due process. The statute served a valid state interest and was upheld by the court, according to the rational basis test. The proprietor of the pet shop appealed the verdict. Will the appellate court probably uphold the lower court's judgment?

Accepted Answer

Yes, because the correct test requires only that the law in question will satisfy any set of facts that could establish a rational basis for achieving legitimate government ends.

Answer

Explanation:
The rational basis of social and economic regulation is typically examined, and as a result, it is presumed to be valid. Rowe, 320 F.3d 42, 47
(1st Cir. 2003), Kittery Motorcycle, Inc. Under a rational basis review, a law merely needs a minimally plausible set of facts that could demonstrate a
rational connection between the challenged legislation and the legitimate goals of the government. City of East Providence v. Perfect Puppy, Inc., 98 F.
Supp. 2015 Dist. Ct., D. Rhode Island, 3d 408, 419–20. Overpopulation and the brutal treatment of animals, two problems linked to ""puppy mills,"" are
clearly reasonable goals for a government to pursue. 98 F.Supp. Id. at 419.

Question 5

A man willingly entered a private medical institution for treatment because he was experiencing emotional distress as a result of marital issues. According to state law, the hospital may keep him for 72 hours if he sought to leave against medical advice while attempting to persuade him to stay. Throughout his stay, he expressed to his medical professionals his tremendous resentment toward his wife, who was cohabitating with another man, and his desire to harm her. The hospital nonetheless gave him an unrestricted weekend pass despite knowing this. He shot and killed his wife after exiting the vehicle. the hospital was sued for negligence by the man's children. Because there was no privity with the dead and no responsibility owed to her, the hospital filed a motion to dismiss. Will the move to dismiss be granted by the court?

Accepted Answer

No, because the special relationship and the control between doctor and an in-patient mandates due care by the doctor to prevent a foreseeable danger to others.

Answer

Explanation:
When a doctor is treating a mentally ill patient by exerting ""control,"" and the doctor knows or should know that the patient is likely to injure others
physically, an independent responsibility arises from that relationship that requires the doctor to take reasonable precautions to stop the harm. See
Bradley Center v. Wessner, 296 SE 2d 693, 250 Ga. 199, 200 (Ga. Supreme Court 1982), as an illustration. Additionally, see Restatement (Second) of
Torts 319, Duty Of Those In Charge Of Person Having Dangerous Propensities: ""One who takes charge of a third person whom he knows or should
know is likely to cause bodily harm to others if not controlled is under a duty to exercise reasonable care to control the third person to prevent him
from doing such harm."

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

FREE Multistate Bar Questions And Answers