Multistate Bar Exam Practice Test 3

Question 1

An offeror sends an offer by mail on Monday. The offeree mails a rejection on Tuesday, then calls to accept on Wednesday before the rejection letter arrives. Under the mailbox rule, is there a contract?

Accepted Answer

Yes, because the phone acceptance was communicated before the rejection arrived

Answer

When a rejection is mailed but an acceptance is communicated (by any means) before the rejection arrives, a contract is formed because the offeror has not yet received the rejection.

Question 2

A driver negligently runs a red light and strikes a pedestrian. The pedestrian's injuries are aggravated because she has a rare clotting disorder. Under the 'eggshell plaintiff' rule, who bears responsibility for the aggravated injuries?

Accepted Answer

The driver, for all injuries including those caused by the pre-existing condition

Answer

The eggshell plaintiff rule holds a tortfeasor liable for all damages caused to the plaintiff, even if those damages are greater than expected due to a pre-existing vulnerability.

Question 3

Congress passes a law directing the President to reduce tariffs on foreign steel whenever domestic steel prices exceed a set threshold. The President argues this improperly delegates executive authority. Is the law constitutional?

Accepted Answer

Yes, if Congress provides an intelligible principle guiding the President's exercise of the authority

Answer

Under the non-delegation doctrine, Congress may delegate legislative authority to the executive if it provides an intelligible principle to guide the delegate's exercise of that authority.

Question 4

A testator's holographic will states 'I leave my house to my brother.' The testator later buys a second house. The brother claims both houses. The will is silent on after-acquired property. What is the likely result?

Accepted Answer

The brother gets both houses because a will speaks at death and includes after-acquired property

Answer

Under the doctrine that a will speaks at the testator's death, a general devise of 'my house' can include after-acquired real property of that description unless the will clearly identifies a specific parcel.

Question 5

A defendant is charged with conspiracy to commit robbery. Before the robbery occurs, he withdraws from the conspiracy and informs the police. Is he liable for the conspiracy?

Accepted Answer

Yes, because conspiracy is complete upon agreement and overt act, and withdrawal is not a defense under common law

Answer

Under common law, conspiracy is complete upon agreement (plus an overt act in jurisdictions requiring one), so withdrawal does not eliminate liability for the conspiracy itself, though it may bar liability for subsequent crimes.