NE Bar Multistate Bar 3 — Questions and Answers
Question 1: Under the MBE, which doctrine allows a court to enforce an oral contract for the sale of land that does not satisfy the Statute of Frauds?
- Promissory estoppel
- Part performance (Correct answer)
- Unjust enrichment
- Quasi-contract
Correct answer: Part performance
The part performance doctrine removes an oral land contract from the Statute of Frauds when the buyer takes possession, pays purchase price, or makes improvements in reliance.
Question 2: A criminal defendant who takes the stand waives the Fifth Amendment privilege regarding which subject matter?
- Any prior criminal record
- The subject matter of the defendant's direct testimony (Correct answer)
- All topics the prosecution wishes to raise
- Matters unrelated to the charged offense
Correct answer: The subject matter of the defendant's direct testimony
A defendant who testifies waives the Fifth Amendment only as to the subject matter of the direct testimony and proper cross-examination.
Question 3: Under FRE 609, a conviction for a crime punishable by death or imprisonment exceeding one year is admissible to impeach a witness if:
- The crime involved dishonesty regardless of punishment
- The probative value is not substantially outweighed by unfair prejudice (for a non-defendant witness) (Correct answer)
- The conviction is less than 20 years old
- The court finds the witness credible
Correct answer: The probative value is not substantially outweighed by unfair prejudice (for a non-defendant witness)
For non-defendant witnesses, FRE 609(a)(1)(A) allows felony convictions when probative value is not substantially outweighed by unfair prejudice.
Question 4: Which of the following best describes 'anticipatory repudiation' under MBE contracts?
- A party's failure to perform on the due date
- A clear, unequivocal statement before performance is due that a party will not perform (Correct answer)
- A minor breach that does not discharge the other party
- A party's request to modify the contract terms
Correct answer: A clear, unequivocal statement before performance is due that a party will not perform
Anticipatory repudiation occurs when a party unequivocally states before the due date that it will not perform, entitling the non-breaching party to treat the contract as immediately breached.
Question 5: A city ordinance bans all political signs in residential areas. Under the First Amendment, this regulation is most likely:
- Constitutional as a reasonable time, place, and manner restriction
- Unconstitutional because it is not content-neutral
- Constitutional under the commercial speech doctrine
- Unconstitutional as an impermissible content-based restriction on core political speech (Correct answer)
Correct answer: Unconstitutional as an impermissible content-based restriction on core political speech
Political speech receives the highest First Amendment protection, and a blanket ban on political signs targets a specific category of speech, making it an impermissible content-based restriction.
Question 6: Under the MBE, a seller conveys Blackacre to 'A and B as joint tenants.' A then secretly conveys A's interest to C. What is the result?
- The conveyance to C is void and A and B remain joint tenants
- C and B become joint tenants
- C and B become tenants in common
- A's conveyance severs the joint tenancy and B becomes a tenant in common with C (Correct answer)
Correct answer: A's conveyance severs the joint tenancy and B becomes a tenant in common with C
A's unilateral conveyance of A's interest severs the joint tenancy as to that interest, making C and B tenants in common.
Question 7: Under MBE criminal procedure, the 'fruit of the poisonous tree' doctrine does NOT apply to which of the following?
- Physical evidence found as a result of an unlawful confession
- Statements made by a witness identified through an illegal search
- Evidence obtained by an independent source unrelated to the violation (Correct answer)
- Testimony of a witness discovered through an illegal wiretap
Correct answer: Evidence obtained by an independent source unrelated to the violation
The independent source exception prevents the fruit of the poisonous tree doctrine from excluding evidence that was discovered through a lawful means independent of the constitutional violation.
NE Bar Multistate Bar 3
Under the MBE, which doctrine allows a court to enforce an oral contract for the sale of land that does not satisfy the Statute of Frauds?