FREE OH Bar Multistate Bar Questions and Answers
Which of the following is a valid restriction on free speech under the First Amendment?
The First Amendment protects free speech, but reasonable time, place, and manner restrictions are permissible. A law requiring a permit for public demonstrations in certain areas is considered a valid restriction if it is content-neutral, narrowly tailored to serve a significant government interest, and leaves open ample alternative channels for communication.
Under the UCC, if a contract for the sale of goods is missing a term regarding price, what is the appropriate remedy?
Under the Uniform Commercial Code (UCC), if a contract for the sale of goods is missing a term regarding price, the UCC provides that the price will be a reasonable price at the time of delivery. This helps ensure that contracts remain enforceable even if some terms are left open.
Under the Federal Rules of Evidence, which of the following statements is generally considered inadmissible hearsay?
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible unless an exception applies.
In a criminal case, which of the following is generally considered a "Miranda" right that must be provided before a custodial interrogation?
The Miranda rights include the right to remain silent and the right to an attorney. These rights must be read to a suspect before a custodial interrogation begins to ensure that any statements made are not in violation of the Fifth Amendment protection against self-incrimination.
Under the doctrine of adverse possession, which of the following is NOT a requirement for someone to claim ownership of land?
Adverse possession requires that the possession be without the permission of the true owner. The possession must be continuous, open and notorious, and exclusive to the possessor, and must meet the statutory period requirements. Possession with the permission of the true owner is not adverse and therefore does not qualify for adverse possession.