MS Bar Multistate Bar 2 — Questions and Answers
Question 1: Under the MBE, a seller of goods breaches the implied warranty of merchantability if the goods are not fit for:
- The buyer's particular purpose
- The ordinary purposes for which such goods are used (Correct answer)
- The purposes stated in any express warranty
- Any purpose specified in the contract
Correct answer: The ordinary purposes for which such goods are used
The implied warranty of merchantability under UCC §2-314 requires goods to be fit for the ordinary purposes for which they are used.
Question 2: On the MBE, which of the following best describes the 'mailbox rule' for contract acceptance?
- Acceptance is effective when received by the offeror
- Acceptance is effective when dispatched by the offeree (Correct answer)
- Acceptance is effective only if sent by the same method as the offer
- Acceptance is effective when the offeror opens the letter
Correct answer: Acceptance is effective when dispatched by the offeree
Under the mailbox rule, acceptance is effective upon dispatch (mailing), not receipt, as long as it is properly addressed and postage is prepaid.
Question 3: A defendant is charged with larceny. Which mental state is required for conviction under common law?
- Strict liability
- Negligence
- Intent to permanently deprive the owner (Correct answer)
- Reckless disregard of the owner's rights
Correct answer: Intent to permanently deprive the owner
Common law larceny requires the specific intent to permanently deprive the owner of their property at the time of the taking.
Question 4: Under MBE Constitutional Law, the Supremacy Clause prevents states from:
- Passing any law that touches a federally regulated field
- Enacting laws that directly conflict with valid federal law (Correct answer)
- Regulating commerce that crosses state lines
- Taxing goods imported from other countries
Correct answer: Enacting laws that directly conflict with valid federal law
The Supremacy Clause invalidates state laws that directly conflict with valid federal law or stand as an obstacle to federal objectives.
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?
- Reasonable care under all circumstances
- Duty to warn of known concealed dangers (Correct answer)
- Duty to inspect and repair all dangerous conditions
- No duty of care whatsoever
Correct answer: Duty to warn of known concealed dangers
A landowner owes a licensee only the duty to warn of known concealed dangers that the licensee would not reasonably discover.
Question 6: Under MBE Real Property, which doctrine allows a grantor's ambiguous deed to be construed against the grantor?
- Doctrine of merger
- Doctrine of estoppel by deed
- Contra proferentem (Correct answer)
- Doctrine of worthier title
Correct answer: Contra proferentem
Contra proferentem requires that ambiguous deed language be construed against the drafter, typically the grantor.
Question 7: Under MBE Evidence, the best evidence rule requires production of the original document primarily when:
- Any witness testifies about the document
- A party seeks to prove the contents of a writing (Correct answer)
- The document is more than 30 years old
- The opposing party disputes the document's authenticity
Correct answer: A party seeks to prove the contents of a writing
The best evidence rule (FRE 1002) applies when a party seeks to prove the contents of a writing, recording, or photograph.
MS Bar Multistate Bar 2
Under the MBE, a seller of goods breaches the implied warranty of merchantability if the goods are not fit for: