MS Bar Multistate Bar 2

Question 1

Under the MBE, a seller of goods breaches the implied warranty of merchantability if the goods are not fit for:

Accepted Answer

The ordinary purposes for which such goods are used

Answer

The buyer's particular purpose

Answer

The purposes stated in any express warranty

Answer

Any purpose specified in the contract

Question 2

On the MBE, which of the following best describes the 'mailbox rule' for contract acceptance?

Accepted Answer

Acceptance is effective when dispatched by the offeree

Answer

Acceptance is effective when received by the offeror

Answer

Acceptance is effective only if sent by the same method as the offer

Answer

Acceptance is effective when the offeror opens the letter

Question 3

A defendant is charged with larceny. Which mental state is required for conviction under common law?

Accepted Answer

Intent to permanently deprive the owner

Answer

Strict liability

Answer

Negligence

Answer

Reckless disregard of the owner's rights

Question 4

Under MBE Constitutional Law, the Supremacy Clause prevents states from:

Accepted Answer

Enacting laws that directly conflict with valid federal law

Answer

Passing any law that touches a federally regulated field

Answer

Regulating commerce that crosses state lines

Answer

Taxing goods imported from other countries

Question 5

On the MBE, a plaintiff suing in negligence must establish the defendant's duty of care. What standard applies to a landowner toward a licensee?

Accepted Answer

Duty to warn of known concealed dangers

Answer

Reasonable care under all circumstances

Answer

Duty to inspect and repair all dangerous conditions

Answer

No duty of care whatsoever

Question 6

Under MBE Real Property, which doctrine allows a grantor's ambiguous deed to be construed against the grantor?

Accepted Answer

Contra proferentem

Answer

Doctrine of merger

Answer

Doctrine of estoppel by deed

Answer

Doctrine of worthier title

Question 7

Under MBE Evidence, the best evidence rule requires production of the original document primarily when:

Accepted Answer

A party seeks to prove the contents of a writing

Answer

Any witness testifies about the document

Answer

The document is more than 30 years old

Answer

The opposing party disputes the document's authenticity