IN Bar Multistate Bar 2 — Questions and Answers
Question 1: A landowner conveyed property "to my daughter for life, then to her children who survive her." At the time of conveyance, the daughter had no children. What interest do the daughter's unborn children have?
- A contingent remainder (Correct answer)
- A vested remainder subject to open
- An executory interest
- A reversion
Correct answer: A contingent remainder
Because the takers are unascertained (unborn) and survival is a condition precedent, the children hold a contingent remainder.
Question 2: A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier using the same unusual entry method. This evidence is most likely admissible to prove:
- Identity through modus operandi (Correct answer)
- The defendant's propensity to commit burglary
- The defendant's bad character
- Habit under Rule 406
Correct answer: Identity through modus operandi
Under FRE 404(b), prior bad acts are admissible for non-propensity purposes such as identity via a distinctive modus operandi.
Question 3: A buyer and seller sign a written contract for the sale of land. Before closing, the seller dies. Under the doctrine of equitable conversion, who bears the risk of loss if the property is destroyed by fire before closing in a majority jurisdiction?
- The buyer (Correct answer)
- The seller
- The seller's estate
- Neither party; the contract is void
Correct answer: The buyer
Under equitable conversion, the buyer holds equitable title once the contract is signed and thus bears the risk of loss in majority jurisdictions.
Question 4: A police officer stops a car for speeding and smells marijuana. The officer searches the trunk and finds cocaine. Is the search valid?
- Yes, under the automobile exception because the odor created probable cause (Correct answer)
- No, because a warrant was required for the trunk
- No, because the stop was only for speeding
- Yes, but only as a search incident to arrest
Correct answer: Yes, under the automobile exception because the odor created probable cause
The odor of marijuana gives probable cause, and under the automobile exception police may search any part of the vehicle that could contain contraband, including the trunk.
Question 5: A plaintiff sues a defendant in federal court based on diversity jurisdiction. The defendant moves to dismiss for improper venue. Venue is proper in a federal district where:
- Any defendant resides, if all defendants reside in the same state (Correct answer)
- The plaintiff resides
- The defendant owns any property
- The contract was negotiated by phone
Correct answer: Any defendant resides, if all defendants reside in the same state
Under 28 U.S.C. § 1391, venue is proper where any defendant resides if all defendants reside in the same state, or where a substantial part of the events occurred.
Question 6: A homeowner hired a contractor to build a deck for $10,000. After the contractor completed half the work, the homeowner repudiated. The contractor had spent $4,000 and would have spent $3,000 more to finish. What are the contractor's expectation damages?
- $7,000 (Correct answer)
- $10,000
- $4,000
- $3,000
Correct answer: $7,000
Expectation damages equal the contract price minus costs saved by not finishing: $10,000 − $3,000 = $7,000.
Question 7: A pedestrian was injured when a store's sign fell on him during normal weather. He cannot identify what caused the sign to fall. His best theory of negligence liability against the store is:
- Res ipsa loquitur (Correct answer)
- Negligence per se
- Strict liability
- Vicarious liability
Correct answer: Res ipsa loquitur
Res ipsa loquitur allows an inference of negligence where the accident would not ordinarily occur without negligence and the instrumentality was in the defendant's control.
IN Bar Multistate Bar 2
A landowner conveyed property "to my daughter for life, then to her children who survive her." At the time of conveyance, the daughter had no children.
What interest do the daughter's unborn children have?