NE Bar Multistate Bar 2 — Questions and Answers
Question 1: Under MBE contract law, a merchant's firm offer is irrevocable for how long if no time is stated?
- 30 days
- 60 days
- 90 days
- A reasonable time not exceeding 3 months (Correct answer)
Correct answer: A reasonable time not exceeding 3 months
UCC § 2-205 makes a merchant's written firm offer irrevocable for the stated period, or if no period is stated, for a reasonable time not exceeding 3 months.
Question 2: A defendant is charged with larceny. Which element distinguishes larceny from embezzlement?
- The value of the property taken
- The trespassory taking and carrying away from another's possession (Correct answer)
- The use of false representations
- The existence of a fiduciary relationship
Correct answer: The trespassory taking and carrying away from another's possession
Larceny requires a trespassory taking and carrying away of another's property, whereas embezzlement involves a lawful initial possession later converted.
Question 3: Under the Federal Rules of Evidence, which hearsay exception does NOT require the declarant to be unavailable?
- Former testimony
- Statement against interest
- Dying declaration
- Present sense impression (Correct answer)
Correct answer: Present sense impression
Present sense impression (FRE 803) is a non-availability exception, meaning the declarant need not be unavailable to admit the statement.
Question 4: In a civil procedure context, what is the primary purpose of Rule 11 sanctions?
- To punish attorneys for losing cases
- To deter frivolous filings and ensure certifications are warranted (Correct answer)
- To compensate opposing counsel for all litigation costs
- To transfer venue to a more convenient forum
Correct answer: To deter frivolous filings and ensure certifications are warranted
FRCP Rule 11 aims to deter frivolous filings by requiring attorneys to certify that pleadings are grounded in fact and law.
Question 5: A landowner grants an easement to a neighbor 'for as long as the neighbor uses the path for agricultural purposes.' This creates which type of interest?
- Easement in gross
- Easement appurtenant
- Easement on condition subsequent (Correct answer)
- Profit à prendre
Correct answer: Easement on condition subsequent
An easement conditioned on a specific use is an easement on condition subsequent, terminating automatically upon cessation of the stated use.
Question 6: Under MBE torts, which standard applies when evaluating a professional's conduct in a negligence claim?
- The reasonable person standard
- The standard of a reasonable professional in the same field (Correct answer)
- The subjective standard of what the defendant believed was reasonable
- The strict liability standard
Correct answer: The standard of a reasonable professional in the same field
Professionals are held to the standard of care of a reasonably competent professional in the same field, not merely the reasonable person.
Question 7: The Equal Protection Clause subjects laws that discriminate based on race to which level of scrutiny?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Compelling interest balancing
Correct answer: Strict scrutiny
Racial classifications trigger strict scrutiny, requiring the government to show a compelling interest and narrowly tailored means.
NE Bar Multistate Bar 2
Under MBE contract law, a merchant's firm offer is irrevocable for how long if no time is stated?