FREE UT Bar Multistate Essay Questions and Answers
In a custody dispute, which of the following factors is most relevant in determining the best interest of the child?
In family law, the primary consideration in custody disputes is the best interest of the child. While financial status and parental availability may be considered, the child's preference is highly relevant if the child is of sufficient age and maturity to express a reasoned preference. Physical attractiveness is not a relevant factor in custody decisions.
If a testator makes a will and subsequently gets married, what is the effect of the marriage on the will in most jurisdictions?
In most jurisdictions, marriage does not automatically revoke a will. However, many jurisdictions have statutes that protect a new spouse by providing for them under intestacy rules if the testator did not amend their will to include provisions for the spouse. The will remains valid unless explicitly revoked or modified by the testator.
Under the Federal Rules of Civil Procedure, when must a defendant generally file an answer to a complaint?
Under Rule 12(a)(1) of the Federal Rules of Civil Procedure, a defendant typically must file an answer within 21 days after being served with the complaint. However, if the defendant waives service, they have 60 days from the date of the waiver to file an answer. For the purposes of a bar exam question, 30 days is commonly used in practice exams, though the exact rule should be referenced.
Which of the following is NOT a requirement for a valid will?
For a will to be valid, the key requirements typically include that the testator must be of legal age (18 or older), the will must be signed by the testator, and it must be witnessed by at least two individuals in most jurisdictions. Notarization is not generally a requirement for the validity of a will, though it can be a part of the probate process.
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?
In agency law, a principal (company) is generally bound by contracts made by an agent (employee) if the agent acted within their actual authority, which can be express (clearly stated) or implied (reasonably inferred from the agent's role). Apparent authority can bind a company to third parties who reasonably believe the agent has authority, but it is not necessary if actual authority is present.