MD Bar Multistate Bar 2

Question 1

A landowner conveys property "to my daughter for life, then to her children who reach age 21." The daughter has one child, age 5. What interest does the child have?

Accepted Answer

A contingent remainder

Answer

Because the child has not yet satisfied the age-21 condition precedent, the remainder is contingent.

Question 2

A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier. This evidence is most likely admissible to show what?

Accepted Answer

A distinctive modus operandi identifying the defendant

Answer

Under FRE 404(b), prior crimes are inadmissible to show propensity but may prove identity through a distinctive modus operandi.

Question 3

A buyer and seller sign a written contract for the sale of a rare painting for $50,000. Before closing, the seller orally agrees to also include the frame. The buyer sues to enforce the promise about the frame. What is the seller's best defense?

Accepted Answer

Lack of consideration for the modification

Answer

At common law, a modification requires new consideration, and the buyer gave nothing new for the frame promise.

Question 4

A pedestrian sues a driver for negligence in federal court based on diversity jurisdiction. The pedestrian is domiciled in Maryland, and the driver moved from Maryland to Virginia intending to remain there permanently one week before the suit was filed. Is diversity satisfied?

Accepted Answer

Yes, because domicile is measured when the complaint is filed

Answer

Diversity of citizenship is determined at the time the action is filed, and the driver's new domicile in Virginia counts.

Question 5

A state law requires all trucks using its highways to have contoured mudflaps, though straight mudflaps are legal in every other state. A trucking company challenges the law. What is the strongest constitutional argument?

Accepted Answer

The law violates the dormant Commerce Clause by unduly burdening interstate commerce

Answer

A nondiscriminatory state law still violates the dormant Commerce Clause if its burden on interstate commerce clearly exceeds its local benefits.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Multistate Bar 2