Multistate Bar Flashcards
7 cards from real IN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Multistate Bar flashcards as text
Congress passes a law banning firearms within 1,000 feet of any school, citing no connection to commerce. Based on United States v. Lopez, the law is most likely:
Answer: Unconstitutional because it exceeds the Commerce Clause power
Lopez held that possessing a gun near a school is not economic activity substantially affecting interstate commerce, so such a law exceeds the commerce power.
A testator's will leaves "my car" to his nephew. At death, the testator no longer owned a car because it was destroyed and never replaced. What does the nephew take under the doctrine of ademption?
Answer: Nothing, because the specific gift adeemed by extinction
Under ademption by extinction, a specific bequest fails entirely if the property is not in the estate at death.
During a bar fight, a defendant swung a bottle at one person but missed and struck a bystander. Regarding the bystander, the defendant is liable for battery under which doctrine?
Answer: Transferred intent
Transferred intent applies when a defendant intends a tort against one person but commits it against another.
A defendant confessed after police continued questioning him despite his clear statement, "I want a lawyer." The confession is:
Answer: Inadmissible because questioning must cease after an unambiguous request for counsel
Under Edwards v. Arizona, once a suspect unambiguously invokes the right to counsel, all interrogation must stop until counsel is present or the suspect reinitiates.
A merchant seller shipped nonconforming goods to a buyer with a note offering them as an accommodation. Under UCC Article 2, this shipment constitutes:
Answer: A counteroffer, not an acceptance or breach
Shipping nonconforming goods with a seasonable accommodation notice is a counteroffer, not an acceptance and breach.
A federal diversity case is filed in Indiana. Which law governs the substantive issues and which governs procedure?
Answer: Indiana substantive law and federal procedural law
Under Erie, a federal court sitting in diversity applies state substantive law and federal procedural law.
An easement holder stopped using an easement for 15 years but took no other action. Has the easement been terminated by abandonment?
Answer: No, because mere nonuse does not constitute abandonment without an act showing intent to abandon
Abandonment requires nonuse plus a physical act demonstrating intent to permanently abandon; nonuse alone is insufficient.