MI Bar Multistate Bar 2

Question 1

A merchant sent a signed written offer to sell equipment, stating the offer would remain open for 60 days. Twenty days later, before acceptance, the merchant attempted to revoke. Under the UCC, is the revocation effective?

Accepted Answer

No, because a merchant's signed firm offer is irrevocable for the stated period up to three months

Answer

UCC 2-205 makes a merchant's signed written firm offer irrevocable for the stated time, not to exceed three months, without consideration.

Question 2

A homeowner kept a pet wolf that had never shown aggression. The wolf escaped and bit a neighbor. In the neighbor's suit, the homeowner is most likely:

Accepted Answer

Strictly liable, because a wolf is a wild animal

Answer

Owners of wild animals are strictly liable for harm caused by the animal's dangerous propensities regardless of prior behavior or care taken.

Question 3

Moments after a car crash, a bystander shouted, 'That blue truck ran the red light!' At trial, another witness testifies to the bystander's statement. The statement is:

Accepted Answer

Admissible as an excited utterance

Answer

A statement relating to a startling event made while under the stress of excitement qualifies as an excited utterance exception to hearsay.

Question 4

A state law requires all milk sold in the state to be bottled at in-state facilities, burdening out-of-state dairies. The law's strongest constitutional vulnerability is:

Accepted Answer

The dormant Commerce Clause, because it discriminates against interstate commerce

Answer

A state law that facially discriminates against out-of-state commerce is virtually per se invalid under the dormant Commerce Clause absent a compelling local interest with no alternatives.

Question 5

During an armed robbery, a store owner shot and killed one of the two robbers. In a jurisdiction following the agency theory of felony murder, the surviving robber is:

Accepted Answer

Not guilty of felony murder, because the killing was not committed by a co-felon

Answer

Under the agency theory, felony murder applies only to killings committed by a felon or co-felon, not by a victim or police officer.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Multistate Bar 2