NE Bar Multistate Bar 2

Question 1

Under MBE contract law, a merchant's firm offer is irrevocable for how long if no time is stated?

Accepted Answer

A reasonable time not exceeding 3 months

Answer

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?

Accepted Answer

The trespassory taking and carrying away from another's possession

Answer

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?

Accepted Answer

Present sense impression

Answer

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?

Accepted Answer

To deter frivolous filings and ensure certifications are warranted

Answer

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?

Accepted Answer

Easement on condition subsequent

Answer

An easement conditioned on a specific use is an easement on condition subsequent, terminating automatically upon cessation of the stated use.

(NE Bar) Nebraska Bar Exam Practice Test

(NE Bar) Nebraska Bar Exam Practice Test

NE Bar Multistate Bar 2