FREE NE Bar Multistate Bar Questions and Answers
Which of the following is NOT a valid method of creating an easement?
An easement typically must be created through a written instrument (express grant) or through other legally recognized methods such as implication (necessity) or prescription. An oral agreement is generally not sufficient to create a legally binding easement due to the Statute of Frauds, which requires certain interests in land to be in writing.
Which of the following is an example of hearsay evidence?
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. In this example, the witness is recounting a statement made by someone else, which is a classic case of hearsay. Statements by a witness about their own observations or expert testimony are not considered hearsay.
In a contract dispute, which of the following would most likely be considered a condition precedent?
A condition precedent is a condition that must be met before a party's performance under a contract is required. In this scenario, the buyer's obligation to obtain financing before closing the sale is a condition precedent because the contract’s execution depends on this condition being fulfilled.
Which of the following is NOT considered a fundamental right protected by the U.S. Constitution?
The U.S. Constitution does not explicitly guarantee a right to receive a minimum wage. While there are federal and state laws that establish minimum wage requirements, these are not considered fundamental rights under the Constitution. Fundamental rights typically include the right to vote, the right to privacy, and the right to a fair trial.
Under the Fourth Amendment, which of the following requires a warrant?
The Fourth Amendment generally requires that searches of private property, such as a person’s home, be conducted with a warrant based on probable cause. Exceptions include exigent circumstances, consent, or searches incident to a lawful arrest. Searches of cars or public property can be conducted under different standards.