GA Bar Multistate Essay 2

Question 1

Under the UCC, a merchant's written confirmation of an oral contract sent to another merchant binds the recipient unless objection is made within:

Accepted Answer

30 days of receipt

Answer

10 days of receipt

Answer

A reasonable time

Answer

No time — the recipient is never bound

Question 2

On the MEE, when analyzing a contracts issue involving a common-law contract, the parol evidence rule bars introduction of prior or contemporaneous oral agreements that:

Accepted Answer

Contradict the terms of a fully integrated written contract

Answer

Add consistent additional terms to an integrated agreement

Answer

Explain an ambiguous term in the written contract

Answer

Show that a condition precedent was not satisfied

Question 3

Under FRE 404(b), evidence of a defendant's prior bad acts is admissible to prove:

Accepted Answer

Identity, motive, intent, or absence of mistake

Answer

Propensity to commit the charged crime

Answer

Character for untruthfulness

Answer

Nothing — prior bad acts are categorically excluded

Question 4

Under FRE 803(6), a business record is admissible as a hearsay exception only if it was made:

Accepted Answer

At or near the time of the event by someone with knowledge, in the course of a regularly conducted activity

Answer

By an owner of the business at the time of the transaction

Answer

By a government employee and authenticated by a public official

Answer

Within 72 hours of the event it records

Question 5

In an MEE contracts question, which doctrine allows a court to fill in a missing price term in an otherwise enforceable contract for the sale of goods?

Accepted Answer

The UCC gap-filler imposing a reasonable price at delivery

Answer

The doctrine of indefiniteness

Answer

Quantum meruit recovery only

Answer

The common-law mirror image rule

Question 6

Under the majority rule, which of the following satisfies the writing requirement for a contract modifying an existing written contract that originally satisfied the statute of frauds?

Accepted Answer

A writing signed by the party to be charged reflecting the modification

Answer

An oral modification is always sufficient regardless of subject matter

Answer

A unilateral email from the party seeking to enforce the modification

Answer

Only a notarized instrument

Question 7

FRE 615 (sequestration of witnesses) does NOT apply to which of the following persons?

Accepted Answer

A party who is a natural person or a designated officer of an entity party

Answer

An eyewitness called by the prosecution

Answer

A fact witness who has already been deposed

Answer

A co-defendant who will later testify