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

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?

Accepted Answer

Damages for the difference in value

Answer

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:

Accepted Answer

Consideration given by the promisee

Answer

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?

Accepted Answer

Intermediate scrutiny

Answer

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?

Accepted Answer

Mens rea

Answer

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

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Multistate Bar 2