FREE SD Bar Multistate Bar Questions and Answers
In a contract for the sale of goods, which of the following is not a requirement for a contract to be enforceable under the UCC?
Under the Uniform Commercial Code (UCC), a contract for the sale of goods can be enforceable even if it does not include a specific price term. The UCC allows for the price to be determined at a later time or based on a reasonable price. The other requirements (offer and acceptance, consideration, and written memorandum for contracts of $500 or more) are necessary for an enforceable contract.
Which of the following is true about the Miranda rights?
Miranda rights must be read to a suspect before any confession or statement made during custodial interrogation can be used in court. This requirement comes from the Miranda v. Arizona decision.
Which amendment to the U.S. Constitution provides for the right to a speedy trial?
The Sixth Amendment to the U.S. Constitution guarantees the right to a speedy trial. This amendment also provides other important protections for defendants in criminal cases, including the right to a public trial, the right to an impartial jury, and the right to counsel.
Which of the following is required for a claim of negligence?
To prove negligence, a plaintiff must show that the defendant breached a duty of care owed to the plaintiff. While causation in fact is also a necessary element of negligence, the breach of duty is a fundamental requirement.
Which of the following is a valid exception to the hearsay rule?
Statements made by a party-opponent are admissible under the hearsay rule as an exception. This is often referred to as an admission by a party-opponent. Hearsay is generally inadmissible unless it falls under one of the recognized exceptions. The other choices do not qualify as exceptions to the hearsay rule.