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Multistate Bar Flashcards

7 cards from real ND BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Multistate Bar flashcards as text

  1. Under MBE contract law, a merchant's firm offer to sell goods is irrevocable for up to how long without consideration?

    Answer: 90 days

    Under UCC § 2-205, a merchant's written firm offer is irrevocable for the stated period, but not exceeding 3 months (90 days).

  2. For MBE purposes, which remedy is available when a buyer accepts nonconforming goods under the UCC?

    Answer: Damages for the difference in value

    When a buyer accepts nonconforming goods, UCC § 2-714 allows recovery of the difference between the value of the goods as accepted and their value as warranted.

  3. On the MBE, the doctrine of promissory estoppel requires all of the following EXCEPT:

    Answer: Consideration given by the promisee

    Promissory estoppel substitutes for consideration; it requires a promise, foreseeable reliance, actual reliance, and injustice if not enforced — not consideration.

  4. Under MBE Constitutional Law, which standard of review applies to laws that discriminate on the basis of gender?

    Answer: Intermediate scrutiny

    Gender classifications are reviewed under intermediate scrutiny, requiring the law to be substantially related to an important government interest.

  5. A defendant is charged with larceny. The prosecution must prove the defendant took property with intent to permanently deprive. This intent is an element of which category?

    Answer: Mens rea

    The intent to permanently deprive is the mental state (mens rea) required for larceny.

  6. Under MBE Evidence rules, prior consistent statements of a witness are admissible as substantive evidence to rebut:

    Answer: A charge of recent fabrication or improper motive

    FRE 801(d)(1)(B) allows prior consistent statements as non-hearsay when offered to rebut an express or implied charge of recent fabrication or improper motive.

  7. Under MBE Real Property law, a covenant running with the land at law requires all of the following EXCEPT:

    Answer: Recording in the chain of title

    A real covenant requires intent, touch and concern, and privity of estate — recording is not a required element for the covenant to run at law.