ND Bar Multistate Bar 2

Question 1

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

Accepted Answer

90 days

Answer

30 days

Answer

6 months

Answer

1 year

Question 2

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

Accepted Answer

Damages for the difference in value

Answer

Rescission only

Answer

Specific performance

Answer

Restitution of the purchase price

Question 3

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

Accepted Answer

Consideration given by the promisee

Answer

A clear and definite promise

Answer

Reasonable and foreseeable reliance

Answer

Actual detriment from reliance

Question 4

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

Accepted Answer

Intermediate scrutiny

Answer

Rational basis

Answer

Strict scrutiny

Answer

Compelling interest balancing

Question 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?

Accepted Answer

Mens rea

Answer

Actus reus

Answer

Causation

Answer

Attendant circumstance

Question 6

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

Accepted Answer

A charge of recent fabrication or improper motive

Answer

Any impeachment of the witness

Answer

Evidence of a prior inconsistent statement

Answer

A hearsay objection to the testimony

Question 7

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

Accepted Answer

Recording in the chain of title

Answer

Intent to run with the land

Answer

Touch and concern the land

Answer

Privity of estate