Practice Test Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Practice Test flashcards as text
A defendant is charged with burglary after entering a neighbor's garage at night and taking tools. The garage is detached from the house and used only for storage. Under common law, is the garage a 'dwelling house' for purposes of burglary?
Answer: No, because it is not used for sleeping or human habitation
At common law, burglary required breaking and entering the dwelling house of another, which meant a structure regularly used for sleeping; a storage-only detached garage does not qualify.
A plaintiff sues a doctor for medical malpractice. The plaintiff offers expert testimony that the doctor's technique fell below the standard of care. The doctor offers no expert testimony. Can the plaintiff prevail?
Answer: Yes, if the expert's testimony is credible and establishes the standard of care and breach
In a malpractice case, the plaintiff must establish the standard of care, breach, causation, and damages through expert testimony, and uncontested credible expert testimony can be sufficient for the plaintiff to prevail.
A state law requires all pharmacies to be owned by licensed pharmacists. A corporation owned by non-pharmacists challenges the law as violating the Equal Protection Clause. What standard of review applies?
Answer: Rational basis, because economic regulation does not involve a suspect class or fundamental right
Economic regulations that do not burden a suspect class or fundamental right are reviewed under the rational basis standard, which requires only a conceivable legitimate governmental interest.
A testator's will leaves her entire estate to 'my children.' At the time the will was executed, she had two children. After execution, she had a third child, who survived her. Under the Uniform Probate Code, what is the third child's share?
Answer: One-third, as an omitted child entitled to an intestate share
Under the UPC's pretermitted child doctrine, a child born after the will's execution who is not provided for receives an intestate share unless the omission was intentional or the testator provided for the child outside the will.
A buyer and seller enter a contract for the sale of goods with delivery in 30 days. Before the delivery date, the seller unequivocally states he will not deliver. Under the UCC, what right does the buyer have immediately?
Answer: The buyer may treat the repudiation as a breach and seek remedies immediately
Under UCC § 2-610, when a party anticipatorily repudiates, the aggrieved party may immediately treat it as a breach and pursue available remedies without waiting for the performance date.
Police, without a warrant, attach a GPS tracker to a suspect's car parked in a public street and monitor his movements for 28 days. Under the Fourth Amendment, is this a search?
Answer: Yes, because long-term GPS monitoring of a vehicle constitutes a search under the mosaic theory
In United States v. Jones, the Supreme Court held that physically attaching a GPS device to a vehicle is a Fourth Amendment search, and subsequent cases recognize that prolonged electronic monitoring can violate reasonable expectations of privacy.
A landlord leases an apartment for one year. During the tenancy, the city condemns a portion of the building for a road project, leaving the apartment habitable but smaller. The tenant stops paying rent. Is the tenant justified?
Answer: No, because a partial condemnation that leaves the premises habitable does not excuse the tenant's rent obligation
A partial condemnation that does not render the premises uninhabitable does not terminate the lease; the tenant must continue paying rent but may have a claim for abatement proportional to the loss.