NE Bar Multistate Bar 3

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?

Accepted Answer

Part performance

Answer

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?

Accepted Answer

The subject matter of the defendant's direct testimony

Answer

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:

Accepted Answer

The probative value is not substantially outweighed by unfair prejudice (for a non-defendant witness)

Answer

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?

Accepted Answer

A clear, unequivocal statement before performance is due that a party will not perform

Answer

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:

Accepted Answer

Unconstitutional as an impermissible content-based restriction on core political speech

Answer

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.

(NE Bar) Nebraska Bar Exam Practice Test

(NE Bar) Nebraska Bar Exam Practice Test

NE Bar Multistate Bar 3