Multistate Bar Exam Practice Test 2

Question 1

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?

Accepted Answer

No, because it is not used for sleeping or human habitation

Answer

Yes, because it is on the same property as the house

Answer

Yes, because it was entered at night

Answer

No, because the entry was not forcible

Question 2

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?

Accepted Answer

Yes, if the expert's testimony is credible and establishes the standard of care and breach

Answer

No, because both parties must offer expert testimony

Answer

No, because the plaintiff has the burden to prove causation beyond a reasonable doubt

Answer

Yes, but only if the res ipsa loquitur doctrine applies

Question 3

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?

Accepted Answer

Rational basis, because economic regulation does not involve a suspect class or fundamental right

Answer

Strict scrutiny, because the law affects a fundamental right to operate a business

Answer

Intermediate scrutiny, because it involves a semi-suspect class

Answer

Strict scrutiny, because it discriminates based on professional status

Question 4

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?

Accepted Answer

One-third, as an omitted child entitled to an intestate share

Answer

Nothing, because the will was executed before the third child was born

Answer

One-half, splitting only with the youngest prior child

Answer

One-third only if the testator was unaware of the pregnancy when executing the will

Question 5

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?

Accepted Answer

The buyer may treat the repudiation as a breach and seek remedies immediately

Answer

The buyer must wait until the delivery date to sue

Answer

The buyer may only demand assurances in writing

Answer

The buyer must mitigate by purchasing substitute goods before suing

Question 6

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?

Accepted Answer

Yes, because long-term GPS monitoring of a vehicle constitutes a search under the mosaic theory

Answer

No, because the car was parked on a public street where there is no expectation of privacy

Answer

No, because GPS tracking is less intrusive than physical surveillance

Answer

Yes, only if the suspect had a subjective expectation of privacy in his movements

Question 7

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?

Accepted Answer

No, because a partial condemnation that leaves the premises habitable does not excuse the tenant's rent obligation

Answer

Yes, because condemnation by the government always terminates the lease

Answer

Yes, because the landlord breached the covenant of quiet enjoyment

Answer

No, only if the landlord compensates the tenant from the condemnation award