ND Bar Multistate Bar 2 — Questions and Answers
Question 1: Under MBE contract law, a merchant's firm offer to sell goods is irrevocable for up to how long without consideration?
- 30 days
- 90 days (Correct answer)
- 6 months
- 1 year
Correct 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).
Question 2: For MBE purposes, which remedy is available when a buyer accepts nonconforming goods under the UCC?
- Rescission only
- Damages for the difference in value (Correct answer)
- Specific performance
- Restitution of the purchase price
Correct 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.
Question 3: On the MBE, the doctrine of promissory estoppel requires all of the following EXCEPT:
- A clear and definite promise
- Reasonable and foreseeable reliance
- Actual detriment from reliance
- Consideration given by the promisee (Correct answer)
Correct 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.
Question 4: Under MBE Constitutional Law, which standard of review applies to laws that discriminate on the basis of gender?
- Rational basis
- Strict scrutiny
- Intermediate scrutiny (Correct answer)
- Compelling interest balancing
Correct answer: Intermediate scrutiny
Gender classifications are reviewed under intermediate scrutiny, requiring the law to be substantially related to an important government interest.
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?
- Actus reus
- Causation
- Mens rea (Correct answer)
- Attendant circumstance
Correct answer: Mens rea
The intent to permanently deprive is the mental state (mens rea) required for larceny.
Question 6: Under MBE Evidence rules, prior consistent statements of a witness are admissible as substantive evidence to rebut:
- Any impeachment of the witness
- A charge of recent fabrication or improper motive (Correct answer)
- Evidence of a prior inconsistent statement
- A hearsay objection to the testimony
Correct 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.
Question 7: Under MBE Real Property law, a covenant running with the land at law requires all of the following EXCEPT:
- Intent to run with the land
- Touch and concern the land
- Privity of estate
- Recording in the chain of title (Correct answer)
Correct 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.
ND Bar Multistate Bar 2
Under MBE contract law, a merchant's firm offer to sell goods is irrevocable for up to how long without consideration?