UT Bar Multistate Essay

Question 1

An employee of a company, acting within the scope of their employment, makes a binding contract with a third party.
Which of the following is true regarding the liability of the company for the contract?

Accepted Answer

The company is liable if the employee had actual authority to make the contract, whether express or implied.

Answer

The company is not liable because the employee did not have express authority to make the contract.

Answer

The company is not liable if the employee had only apparent authority to make the contract.

Answer

The company is liable only if the employee was authorized by the company’s board of directors to make the contract.

Question 2

Under the Federal Rules of Civil Procedure, when must a defendant generally file an answer to a complaint?

Accepted Answer

Within 30 days after being served with the complaint

Answer

Within 10 days after being served with the complaint

Answer

Within 20 days after being served with the complaint

Answer

Within 45 days after being served with the complaint

Question 3

In a custody dispute, which of the following factors is most relevant in determining the best interest of the child?

Accepted Answer

The child's preference if they are of sufficient age and maturity

Answer

The financial status of each parent

Answer

The physical attractiveness of each parent

Answer

The number of hours each parent spends at home

Question 4

Which of the following is NOT a requirement for a valid will?

Accepted Answer

The will must be notarized.

Answer

The testator must be at least 18 years old.

Answer

The will must be signed by the testator.

Answer

The will must be witnessed by at least two individuals.

Question 5

If a testator makes a will and subsequently gets married, what is the effect of the marriage on the will in most jurisdictions?

Accepted Answer

The will remains valid and unaffected by the marriage.

Answer

The marriage automatically revokes the will.

Answer

The will is revoked only if the testator had no children at the time of marriage.

Answer

The will is partially revoked to the extent it conflicts with the new marriage.