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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.

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  1. A witness's prior inconsistent statement made under oath at a deposition is offered at trial. Under the Federal Rules of Evidence, the statement is admissible:

    Answer: As substantive evidence and for impeachment

    Under FRE 801(d)(1)(A), a prior inconsistent statement given under oath at a proceeding or deposition is non-hearsay and admissible substantively as well as to impeach.

  2. A defendant broke into a house at night intending to retrieve his own property that the homeowner had borrowed. Is the defendant guilty of common law burglary?

    Answer: No, because he lacked intent to commit a felony inside

    Taking one's own property is not larceny, so the defendant lacked the intent to commit a felony inside, defeating burglary.

  3. A city ordinance bans all leafleting in public parks to reduce litter. The ordinance is most likely:

    Answer: Unconstitutional because it is not narrowly tailored in a traditional public forum

    Parks are traditional public forums, and a total leafleting ban fails narrow tailoring because less restrictive litter measures exist.

  4. A buyer contracted to purchase a rare painting. The seller refused to deliver. The buyer's best remedy is:

    Answer: Specific performance because the painting is unique

    Specific performance is available for unique goods like rare artwork because money damages are inadequate.

  5. Two defendants are joined in one federal lawsuit. The claim against defendant A is federal; the plaintiff also asserts a related state-law claim against defendant B arising from the same occurrence. The court may hear the claim against B under:

    Answer: Supplemental jurisdiction

    Supplemental jurisdiction under 28 U.S.C. § 1367 covers related claims forming part of the same case or controversy, including claims against additional parties.

  6. A landlord leased premises to a tenant, who assigned the lease to an assignee with the landlord's consent. The assignee stops paying rent. The landlord may recover unpaid rent from:

    Answer: Both the tenant (privity of contract) and the assignee (privity of estate)

    After assignment, the assignee is liable through privity of estate and the original tenant remains liable through privity of contract absent a release.

  7. A driver negligently hit a pedestrian, who was then further injured by an ambulance crash en route to the hospital. Is the driver liable for the additional injuries from the ambulance crash?

    Answer: Yes, because negligent medical transport is a foreseeable intervening cause

    Negligence in medical treatment or transport following an injury is considered foreseeable, so the original tortfeasor remains liable.