SD Bar Multistate Bar

Question 1

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?

Accepted Answer

A specific price term

Answer

Offer and acceptance

Answer

Consideration

Answer

A written memorandum if the contract is for $500 or more

Question 2

Which of the following is required for a claim of negligence?

Accepted Answer

Breach of a duty of care

Answer

Intent to cause harm

Answer

Strict liability

Answer

Causation in fact

Question 3

Which amendment to the U.S. Constitution provides for the right to a speedy trial?

Accepted Answer

Sixth Amendment

Answer

First Amendment

Answer

Fifth Amendment

Answer

Eighth Amendment

Question 4

Which of the following is true about the Miranda rights?

Accepted Answer

They must be read to a suspect before a confession can be used in court.

Answer

They are required during a stop-and-frisk procedure.

Answer

They are necessary for a search warrant to be valid.

Answer

They apply only to federal crimes.

Question 5

Which of the following is a valid exception to the hearsay rule?

Accepted Answer

A statement made by a party-opponent

Answer

The defendant’s out-of-court statement offered to prove the truth of the matter asserted

Answer

A statement made in the course of ongoing criminal conduct

Answer

A statement made by a witness after the trial has concluded