Mixed Deck — All MD BAR Topics Flashcards

Under Maryland Rule of Professional Conduct 1.8(a), before entering a business transaction with a client, a lawyer must:

Answer: Ensure terms are fair and reasonable in writing, advise the client to seek independent counsel, and obtain the client's informed written consent

Rule 1.8(a) requires fair and reasonable terms disclosed in writing, advisement that the client may seek independent counsel, and the client's informed written consent.

In a murder trial, the prosecution offers evidence that the defendant previously committed an unrelated burglary to show the defendant is a criminal by nature. Is the evidence admissible?

Answer: No, because prior bad acts are inadmissible to prove propensity to commit crimes

FRE 404(b) prohibits using other crimes or bad acts to prove character in order to show action in conformity, though such evidence may be admitted for non-propensity purposes like motive, intent, or identity.

A merchant buyer sends a purchase order for goods, and the merchant seller responds with a confirmation adding an arbitration clause. Neither form limits acceptance to its own terms and the buyer does not object. Under UCC 2-207, is the arbitration clause part of the contract?

Answer: It becomes part of the contract unless it materially alters the agreement or the buyer objects within a reasonable time

Between merchants, additional terms in an acceptance become part of the contract unless they materially alter it, the offer limits acceptance to its terms, or objection is made; arbitration clauses are often held to be material alterations.

Under Maryland law, when does child support generally terminate?

Answer: At age 18, or up to 19 if the child is still enrolled in secondary school

Maryland support continues to 18, extended while the child remains in high school up to age 19.

Scenario: Sam is driving his car and negligently crashes into another vehicle, causing injury to the other driver. The other driver wants to recover damages. Which doctrine is used to determine whether Sam is liable for the injuries caused by the accident?

Answer: Negligence

The doctrine used to determine whether Sam is liable for the injuries caused by the accident is negligence. Negligence applies when a person's failure to exercise reasonable care under the circumstances causes harm to another. The scenario explicitly states Sam "negligently crashes," directly indicating that the elements of duty, breach of duty, causation, and damages, which define negligence, would be applied to assess his liability.

In a civil fraud case, the defendant claims his statement to investors was an innocent mistake. The plaintiff offers evidence that the defendant made three similar false statements to other investors. Is this evidence admissible?

Answer: Yes, to show absence of mistake or intent under the other-acts rule

FRE 404(b) permits other-acts evidence for non-propensity purposes such as intent, plan, or absence of mistake, and it applies in civil as well as criminal cases.

Hearsay evidence in a Maryland administrative hearing:

Answer: May be admitted and can even constitute the sole basis for a finding if it is credible and probative

In Maryland administrative proceedings, reliable and probative hearsay may be admitted and may alone support a factual finding.

Which grounds for divorce were eliminated in Maryland effective October 1, 2023?

Answer: Fault-based grounds such as adultery, desertion, and cruelty

The 2023 reform abolished fault-based grounds like adultery, desertion, cruelty, and criminal conviction, leaving separation, irreconcilable differences, and mutual consent.

The 'delegation doctrine' under Maryland constitutional law permits the General Assembly to delegate authority to agencies if:

Answer: The statute provides sufficient standards or safeguards to guide the exercise of the delegated power

Maryland upholds legislative delegations that contain adequate standards, guidelines, or procedural safeguards channeling agency discretion.

Under Maryland's mutual consent divorce ground, what must the parties submit to the court?

Answer: A written settlement agreement resolving alimony, property, and child custody and support issues

Mutual consent divorce requires a written agreement resolving all alimony, property, and child-related issues, which the court reviews for the children's best interests.

What is the doctrine of res ipsa loquitur?

Answer: An inference of negligence when the accident would not normally occur without it and the defendant had control

Res ipsa loquitur allows an inference of negligence when the accident type normally requires negligence and the instrumentality was under the defendant's exclusive control.

Under the Maryland Uniform Partnership Act, what happens to a general partnership when one partner withdraws?

Answer: The remaining partners may continue the partnership if permitted by the partnership agreement

Modern Maryland partnership law allows the remaining partners to continue the partnership business after a withdrawal if the partnership agreement provides for continuation.

Scenario: A state law prohibits all forms of political protest in public parks. An organization challenges the law, arguing that it violates the First Amendment. How is the state law likely to be evaluated by the court?

Answer: Under Strict Scrutiny

A state law prohibiting all forms of political protest in public parks, which are traditional public forums, is a content-based restriction on speech. Laws that restrict speech based on its content are presumptively unconstitutional and are subject to strict scrutiny. Under strict scrutiny, the government must prove that the law serves a compelling state interest and is narrowly tailored to achieve that interest, using the least restrictive means possible.

What is the Commerce Clause power of Congress?

Answer: The constitutional authority to regulate activities substantially affecting interstate commerce

The Commerce Clause grants Congress broad authority to regulate channels and instrumentalities of interstate commerce and activities that substantially affect interstate commerce.

Under the Federal Rules of Evidence, which of the following is generally considered a hearsay statement?

Answer: A statement made outside of court offered to prove the truth of the matter asserted

Under the Federal Rules of Evidence (FRE 801(c)), hearsay is defined as a statement made outside of court that is offered in evidence to prove the truth of the matter asserted. The key components are that the statement is made out-of-court and its purpose is to establish the veracity of its content. Other options describe non-hearsay or exceptions to the hearsay rule.

In Maryland, what mental state is required for voluntary manslaughter?

Answer: Intentional killing in the heat of passion after adequate provocation

Voluntary manslaughter is an intentional killing that occurs in the heat of passion following adequate provocation, which mitigates culpability.

Buyer and Seller sign a written contract for the sale of land containing a merger clause. Buyer later claims Seller orally promised, before signing, to repave the driveway. Under the parol evidence rule, may Buyer introduce this oral promise?

Answer: No, because a fully integrated agreement bars evidence of prior oral terms that contradict or supplement it

A merger clause indicates full integration, and the parol evidence rule excludes prior or contemporaneous oral terms offered to supplement or contradict a fully integrated writing.

During a contested case hearing in Maryland, the rules of evidence:

Answer: Are relaxed — probative evidence that reasonable and prudent persons rely on may be admitted even if inadmissible in court

Maryland contested case hearings admit probative evidence of the kind reasonable and prudent persons commonly rely on, even if it would be inadmissible under courtroom evidence rules.

A plaintiff sues a store after slipping on a wet floor. At trial, the plaintiff offers evidence that the day after the fall, the store installed non-slip mats. The store objects. How should the court rule?

Answer: Exclude it, because subsequent remedial measures are inadmissible to prove negligence

FRE 407 bars evidence of subsequent remedial measures to prove negligence or culpable conduct, though it may be admissible for other purposes such as ownership or feasibility if disputed.

When a Maryland court reviews an agency's factual findings in a contested case, it applies which standard?

Answer: Substantial evidence — whether a reasoning mind could reasonably have reached the agency's conclusion

Maryland courts uphold agency fact findings if supported by substantial evidence, meaning a reasoning mind could reasonably reach the same conclusion on the record.