IN Bar Multistate Bar 3

Question 1

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:

Accepted Answer

Unconstitutional because it exceeds the Commerce Clause power

Answer

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.

Question 2

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?

Accepted Answer

Nothing, because the specific gift adeemed by extinction

Answer

Under ademption by extinction, a specific bequest fails entirely if the property is not in the estate at death.

Question 3

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?

Accepted Answer

Transferred intent

Answer

Transferred intent applies when a defendant intends a tort against one person but commits it against another.

Question 4

A defendant confessed after police continued questioning him despite his clear statement, "I want a lawyer." The confession is:

Accepted Answer

Inadmissible because questioning must cease after an unambiguous request for counsel

Answer

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.

Question 5

A merchant seller shipped nonconforming goods to a buyer with a note offering them as an accommodation. Under UCC Article 2, this shipment constitutes:

Accepted Answer

A counteroffer, not an acceptance or breach

Answer

Shipping nonconforming goods with a seasonable accommodation notice is a counteroffer, not an acceptance and breach.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Multistate Bar 3