FREE OK Bar Multistate Bar Questions and Answers
Which of the following statements about the Establishment Clause of the First Amendment is true?
The Establishment Clause of the First Amendment prohibits the government from endorsing or supporting a particular religion. It aims to prevent any state-sponsored religion and ensures a separation between church and state. Options A and D are too broad or incorrect, and B does not accurately reflect the Clause's requirement for neutrality rather than equal aid.
Which of the following statements best describes the "hearsay rule" in evidence law?
The hearsay rule generally excludes out-of-court statements that are offered to prove the truth of the matter asserted, as such statements are considered unreliable. Option A is incorrect because there are many exceptions to the hearsay rule, and C is not always accurate as hearsay by a party is often admissible under certain circumstances. D is incorrect as hearsay is typically not used to challenge a witness's credibility.
Under the UCC, which of the following is true regarding an offer to buy goods?
Under the UCC, an offer to buy goods for immediate shipment is irrevocable if the seller has started performance. This is known as a "firm offer" for the UCC, where the seller's action of beginning performance binds the offer, preventing its revocation. Options A and D are incorrect, and C does not apply to the UCC's terms for offers.
Under common law, which of the following is required for a valid conveyance of real property?
For a valid conveyance of real property, delivery of the deed to the grantee is required. While a written contract is often needed for the sale of real property (option A), it is the actual delivery of the deed that completes the conveyance process. Option C is incorrect as the grantee's signature is not required for validity, and D is not a requirement for the conveyance itself, though registration may be needed for recording purposes.
Which of the following statements is true regarding the Fourth Amendment's protection against unreasonable searches and seizures?
The Fourth Amendment generally requires a warrant for searches, but it allows for warrantless searches if there are exigent circumstances or probable cause. Options A and B are incorrect as they either misrepresent the requirement or its consequences, and D is incorrect because the Fourth Amendment applies to both federal and state actions.