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

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.

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

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.

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

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.

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

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.

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

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.