Ohio Bar Exam (Uniform Bar Examination) — Questions and Answers

Question 1: During jury selection, the prosecutor uses peremptory strikes to remove the only three Black venire members. The defense objects under Batson. The correct procedure is:

The prosecutor must prove beyond a reasonable doubt the strikes were race-neutral
Defense makes a prima facie showing, the prosecutor offers a race-neutral reason, and the court decides whether purposeful discrimination occurred (Correct answer)
The court must seat the struck jurors immediately
The strikes are automatically reversed because all members of one race were removed

Correct answer: Defense makes a prima facie showing, the prosecutor offers a race-neutral reason, and the court decides whether purposeful discrimination occurred

Batson establishes a three-step burden-shifting framework ending with the trial court's determination of purposeful discrimination.

Question 2: A buyer contracts to purchase a painting 'on condition that my art appraiser approves it.' The appraiser honestly disapproves. What result?

The buyer's duty is discharged because a good-faith satisfaction condition failed (Correct answer)
The buyer must hire a second appraiser
The buyer must still buy because a reasonable person would approve
The condition is void as illusory

Correct answer: The buyer's duty is discharged because a good-faith satisfaction condition failed

Satisfaction conditions involving personal taste or third-party judgment require only honest, good-faith dissatisfaction, which discharges the duty when it fails.

Question 3: In Ohio, what is the general statute of limitations for a breach of written contract claim?

Eight years
Six years (Correct answer)
Four years
Two years

Correct answer: Six years

Under Ohio Revised Code § 2305.06, the statute of limitations for an action on a written contract is six years from the date the cause of action accrued.

Question 4: A singer contracts to perform at a theater on July 4. On June 1, she tells the theater, "I will not perform." What may the theater do?

Only suspend its own performance without any right to sue
Treat the anticipatory repudiation as a breach and sue immediately, or await performance for a commercially reasonable time (Correct answer)
Do nothing until July 4 because breach cannot occur before the performance date
Compel her to perform via specific performance

Correct answer: Treat the anticipatory repudiation as a breach and sue immediately, or await performance for a commercially reasonable time

An unequivocal anticipatory repudiation allows the non-breaching party to sue immediately, suspend performance, or await performance for a reasonable time.

Question 5: During the MEE session, an examinee realizes she has spent 50 minutes on one essay. What is the best strategic response?

Wrap up quickly and move on, since each remaining essay still needs adequate time (Correct answer)
Continue perfecting the current essay before moving on
Skip the final essay entirely to polish earlier ones
Restart the current essay from scratch

Correct answer: Wrap up quickly and move on, since each remaining essay still needs adequate time

Because all six essays are weighted equally, time overruns on one essay steal points from the others, so moving on promptly is the sound strategy.

Question 6: Under UCC Article 2, a buyer receives a delivery of goods that fails to conform to the contract in any respect. Under the perfect tender rule, the buyer may do which of the following?

Only reject the entire shipment
Only demand a price reduction
Reject the whole, accept the whole, or accept any commercial units and reject the rest (Correct answer)
Only accept the goods and sue for damages

Correct answer: Reject the whole, accept the whole, or accept any commercial units and reject the rest

UCC 2-601 gives the buyer three options when tender fails to conform in any respect: reject all, accept all, or accept any commercial units and reject the rest.

Question 7: The Takings Clause of the Fifth Amendment, made applicable to states through the Fourteenth Amendment, requires what when government takes private property for public use?

Proof of public necessity
Return of the property within five years
Just compensation (Correct answer)
Legislative approval only

Correct answer: Just compensation

The Takings Clause mandates that government pay just compensation whenever it appropriates private property for public use, whether through physical occupation or a regulatory taking that deprives the owner of all economic value.

Question 8: Under Ohio Civ. R. 26, the scope of permissible discovery includes:

Only matters that will be introduced at trial
Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)
Only documents the opposing party agrees to produce
Only admissible evidence

Correct answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Ohio Civ. R. 26(B)(1) permits discovery of any nonprivileged information relevant to a party's claim or defense, provided it is proportional to the needs of the case considering importance, amounts at stake, and burden.

Question 9: A hospital record states: 'Patient reports severe back pain beginning after lifting boxes at work; patient also states his employer refused to provide a lifting belt.' Which portion is most likely inadmissible under the medical treatment hearsay exception?

The entire record is inadmissible
The report of severe back pain
The statement blaming the employer for refusing a lifting belt (Correct answer)
The statement that the pain began after lifting boxes

Correct answer: The statement blaming the employer for refusing a lifting belt

Rule 803(4) covers statements about symptoms and their general cause made for treatment, but statements assigning fault are typically not pertinent to diagnosis or treatment.

Question 10: At trial, a party offers a letter allegedly written by the opposing party. To authenticate it, the offering party presents a witness familiar with the opposing party's handwriting from years of correspondence, who identifies the signature. Is this authentication sufficient?

No, because the alleged writer must authenticate the letter
Yes, but only if a handwriting exemplar is also admitted
Yes, because a non-expert familiar with the handwriting, not acquired for litigation, may identify it (Correct answer)
No, because handwriting requires expert comparison

Correct answer: Yes, because a non-expert familiar with the handwriting, not acquired for litigation, may identify it

Rule 901(b)(2) allows lay identification of handwriting based on familiarity not acquired for the current litigation.

Question 11: A lawyer discovers after trial that her client submitted a forged document into evidence. The case is still within the appeal period. Under Rule 3.3, the lawyer must:

Report the client to the police immediately
Keep the information confidential under Rule 1.6
Do nothing because the trial has ended
Take reasonable remedial measures, including if necessary disclosure to the tribunal, because the duty of candor continues to the conclusion of the proceeding (Correct answer)

Correct answer: Take reasonable remedial measures, including if necessary disclosure to the tribunal, because the duty of candor continues to the conclusion of the proceeding

The duty to take remedial measures under Rule 3.3 continues to the conclusion of the proceeding, which includes the appeal period, and overrides confidentiality.

Question 12: A homeowner promises to pay a painter $5,000 for painting her house. After the painter finishes, the homeowner says, "I'll also give you a $500 bonus next week." She never pays the bonus. Is the bonus promise enforceable?

Yes, because the painter relied on the promise
No, because bonuses must be in writing under the Statute of Frauds
Yes, because it modified an existing contract in good faith
No, because past consideration is not valid consideration (Correct answer)

Correct answer: No, because past consideration is not valid consideration

A promise made in exchange for performance already completed lacks consideration because past consideration cannot support a new promise.

Question 13: A seller conveys property by general warranty deed, and the buyer is later evicted by someone holding superior title acquired before the seller ever owned the land. Which covenant gives the buyer a remedy?

The covenant of seisin, which cannot be breached by prior claims
No covenant — general warranty deeds cover only the seller's own acts
The covenant against encumbrances, breached only by liens
The covenant of warranty, which is breached upon eviction by superior title (Correct answer)

Correct answer: The covenant of warranty, which is breached upon eviction by superior title

The future covenant of warranty is breached when the grantee is actually evicted by a paramount title, and a general warranty deed covers defects arising before the grantor's ownership.

Question 14: What is the standard for probable cause?

A mere hunch by law enforcement
Absolute certainty that a crime occurred
Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed (Correct answer)
Evidence beyond a reasonable doubt

Correct answer: Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Probable cause exists when there are sufficient facts and circumstances to lead a reasonable person to believe that criminal activity is afoot or evidence will be found.

Question 15: A defendant is convicted, and on appeal the court finds the evidence legally insufficient. The state seeks to retry him. Retrial is:

Barred only if the defendant did not testify at trial
Permitted, because jeopardy terminates only upon a jury acquittal
Permitted, because the defendant appealed and waived double jeopardy protection
Barred by double jeopardy, because a reversal for insufficient evidence is equivalent to an acquittal (Correct answer)

Correct answer: Barred by double jeopardy, because a reversal for insufficient evidence is equivalent to an acquittal

Under Burks v. United States, reversal for evidentiary insufficiency is the functional equivalent of an acquittal and bars retrial, unlike reversal for trial error.

Question 16: Ohio's Constitution vests the judicial power in a unified court system headed by which court?

Ohio Supreme Court (Correct answer)
Ohio Municipal Court
Ohio Court of Appeals
Ohio Court of Common Pleas

Correct answer: Ohio Supreme Court

Article IV of the Ohio Constitution establishes the Ohio Supreme Court as the highest court in the state's unified court system, with general superintendence over all courts of the state.

Question 17: Under Ohio Civ. R. 23, which of the following is NOT a required prerequisite for class certification?

Numerosity
Commonality
Typicality
Superiority (Correct answer)

Correct answer: Superiority

Numerosity, commonality, typicality, and adequacy of representation are the four threshold prerequisites under Civ. R. 23(A); superiority is an additional requirement only for certain types of class actions under Civ. R. 23(B)(3), not a universal prerequisite.

Question 18: A shopping center lease bars the landlord from leasing other units to competing pizza shops. The landlord sells the center, and the new owner leases to a rival pizzeria. Can the original tenant enforce the restriction against the new owner?

No, because the tenant lacks horizontal privity with the new owner
No, because covenants never bind successors to commercial property
Yes, but only for money damages from the original landlord
Yes, if the covenant touches and concerns the land and the new owner had notice (Correct answer)

Correct answer: Yes, if the covenant touches and concerns the land and the new owner had notice

A covenant that touches and concerns the leased premises binds a successor landlord who takes with notice under running-covenant or equitable-servitude principles.

Question 19: What is a material breach of contract?

Any minor deviation from the contract terms
A breach by a materials supplier
A breach so substantial that it excuses the non-breaching party from further performance (Correct answer)
A breach that occurs on a material (physical) object

Correct answer: A breach so substantial that it excuses the non-breaching party from further performance

A material breach is a failure to perform a substantial part of the contract, going to the essence of the agreement and depriving the other party of the expected benefit.

Question 20: An Ohio court may modify a spousal support award after the decree only if what condition is met?

The obligor's income drops by any amount
Either party files within one year of the decree
The decree expressly reserved jurisdiction to modify the award (Correct answer)
The recipient begins cohabiting, regardless of the decree's terms

Correct answer: The decree expressly reserved jurisdiction to modify the award

Under Ohio Rev. Code 3105.18(E), a court lacks jurisdiction to modify spousal support unless the decree specifically reserved that authority, plus a change in circumstances.

Question 21: An Ohio defendant sentenced to prison for a fourth-degree felony appeals, arguing his sentence is contrary to law. The appellate court reviews the sentence under R.C. 2953.08(G)(2) and may modify or vacate it only if:

It clearly and convincingly finds the record does not support required findings or the sentence is otherwise contrary to law (Correct answer)
The sentence exceeds the jointly recommended term
It finds any abuse of discretion in sentencing
It disagrees with the trial court's weighing of seriousness and recidivism factors

Correct answer: It clearly and convincingly finds the record does not support required findings or the sentence is otherwise contrary to law

R.C. 2953.08(G)(2) permits appellate modification or vacatur only upon clear and convincing evidence that the record does not support statutory findings or the sentence is contrary to law, not mere abuse-of-discretion review.

Question 22: A witness with no memory of an accident reviews notes she made the day it happened. After reviewing them, her memory is refreshed and she testifies from present recollection. May the party who called her introduce the notes into evidence?

No, because a writing used to refresh recollection is not admissible by the offering party (Correct answer)
Yes, as past recollection recorded
Yes, because the notes were made contemporaneously
No, because the notes are privileged work product

Correct answer: No, because a writing used to refresh recollection is not admissible by the offering party

When a writing merely refreshes recollection, only the adverse party may inspect it and introduce relevant portions; the offering party testifies from refreshed memory, not the document.

Question 23: A buyer signs a contract to purchase a home, and the house burns down before closing through no fault of either party. Under the majority doctrine of equitable conversion, who bears the loss?

Neither — the contract is void for impossibility
The parties split the loss equally
The buyer, because equitable title passed at contract signing (Correct answer)
The seller, because legal title had not yet passed

Correct answer: The buyer, because equitable title passed at contract signing

Under equitable conversion, the buyer holds equitable title from the moment of contracting and therefore bears the risk of loss before closing in majority jurisdictions.

Question 24: Which of the following subjects may be tested on an MEE essay but is NOT tested on the MBE?

Contracts
Family law (Correct answer)
Torts
Constitutional law

Correct answer: Family law

Family law, trusts and estates, business associations, secured transactions, and conflict of laws are MEE-only subjects, while torts, contracts, and constitutional law also appear on the MBE.

Question 25: At sentencing, an Ohio judge imposes consecutive prison terms. Under R.C. 2929.14(C)(4), the judge must:

Make statutory findings that consecutive service is necessary to protect the public or punish the offender, is not disproportionate, and that a listed circumstance applies (Correct answer)
Obtain a jury finding authorizing consecutive terms
Impose consecutive terms automatically for multiple felonies
Provide written reasons but no specific statutory findings

Correct answer: Make statutory findings that consecutive service is necessary to protect the public or punish the offender, is not disproportionate, and that a listed circumstance applies

Ohio law requires the sentencing court to make the three statutory consecutive-sentence findings at the hearing and incorporate them into the sentencing entry.

Question 26: A man pointed an unloaded gun at a victim, who believed it was loaded and feared being shot. The man is most likely guilty of:

Assault (Correct answer)
No crime, because the gun was unloaded
Battery
Attempted murder

Correct answer: Assault

Intentionally placing another in reasonable apprehension of imminent harmful contact constitutes criminal assault even with an unloaded gun.

Question 27: In a civil fraud trial, the plaintiff asks the court to take judicial notice that the defendant's office is located in Columbus, Ohio, a fact shown by undisputed public records. If the court takes judicial notice, what instruction must be given to the jury?

No instruction is permitted on judicially noticed facts
The jury may but need not accept the noticed fact
The jury must disregard the fact unless independently proven
The jury must accept the noticed fact as conclusive in a civil case (Correct answer)

Correct answer: The jury must accept the noticed fact as conclusive in a civil case

Under Rule 201(f), in a civil case the jury must be instructed to accept a judicially noticed fact as conclusive, while in criminal cases the jury may or may not accept it.

Question 28: During plea negotiations, defense counsel fails to tell the defendant about a favorable plea offer, which lapses; the defendant is later convicted at trial and receives a longer sentence. Under Missouri v. Frye, the defendant:

May claim ineffective assistance, because counsel must communicate formal plea offers and prejudice can be shown by a reasonable probability he would have accepted (Correct answer)
Has no claim, because there is no constitutional right to a plea bargain
May claim ineffective assistance only if the prosecutor confirms the offer would have been honored without change
Has no claim, because he received a fair trial

Correct answer: May claim ineffective assistance, because counsel must communicate formal plea offers and prejudice can be shown by a reasonable probability he would have accepted

Frye holds that failing to communicate a formal plea offer can constitute ineffective assistance where the defendant shows a reasonable probability he would have accepted it.

Question 29: A buyer obtains a purchase-money mortgage from a bank on the same day two judgment liens attach to all of the buyer's after-acquired property. Which interest has priority in the new home?

The buyer holds free of all liens for one year
The purchase-money mortgage, which takes priority over prior judgment liens in the property purchased (Correct answer)
The judgment liens, because they attached first in time
All three share pro rata

Correct answer: The purchase-money mortgage, which takes priority over prior judgment liens in the property purchased

A purchase-money mortgage has special priority over earlier judgments against the buyer with respect to the property it financed.

Question 30: In Ohio, what standard applies when determining if a defendant breached their duty of care?

A standard based solely on industry custom
The defendant's personal standard of conduct
Whatever the plaintiff considers reasonable
The reasonable person standard — what a prudent person would do under similar circumstances (Correct answer)

Correct answer: The reasonable person standard — what a prudent person would do under similar circumstances

The reasonable person standard is an objective test measuring the defendant's conduct against what a hypothetical prudent person would do in the same situation.

Question 31: Under Ohio Civ. R. 11, an attorney's signature on a pleading, motion, or other document certifies that:

The document is not filed for improper purposes and the claims are warranted by existing law or a nonfrivolous argument (Correct answer)
The attorney has personally investigated all factual allegations
The attorney is licensed to practice in Ohio
All facts alleged are supported by sworn testimony

Correct answer: The document is not filed for improper purposes and the claims are warranted by existing law or a nonfrivolous argument

Ohio Civ. R. 11 requires that a signing attorney certify the document is not filed for improper purposes (harassment, delay, cost), the legal contentions are warranted by law or a good-faith argument, and factual allegations have evidentiary support.

Question 32: A landlord fails to fix a broken furnace all winter, making an Ohio apartment barely livable, but the tenant stays and pays rent. Which remedy is the tenant most likely entitled to pursue under Ohio's Landlord-Tenant Act?

Immediately withhold all rent without notice
Terminate the lease retroactively to the first cold day
Self-help repair and deduct unlimited costs
Deposit rent into escrow with the court after proper written notice (Correct answer)

Correct answer: Deposit rent into escrow with the court after proper written notice

Ohio R.C. Chapter 5321 allows a tenant to escrow rent with the clerk of courts after giving the landlord written notice and a reasonable time to repair.

Question 33: A husband in Ohio secretly withdrew $80,000 from a joint marital account and gambled it away during the divorce proceedings. The court may remedy this financial misconduct by doing what?

Ordering punitive damages payable to the wife
Holding the husband in criminal contempt
Voiding the entire property division and starting over
Awarding the other spouse a distributive award or greater share of marital property (Correct answer)

Correct answer: Awarding the other spouse a distributive award or greater share of marital property

Ohio Rev. Code 3105.171(E) authorizes a distributive award or a greater share of marital property to compensate for a spouse's financial misconduct such as dissipation.

Question 34: A buyer discovers after closing that the seller knew the basement flooded every spring but said nothing. Under modern law applied in Ohio, what is the buyer's best claim?

Breach of the implied warranty of habitability
Breach of the covenant of quiet enjoyment
Fraudulent concealment or nondisclosure of a known latent material defect (Correct answer)
Mutual mistake voiding the deed

Correct answer: Fraudulent concealment or nondisclosure of a known latent material defect

A seller who knows of a latent material defect not discoverable by reasonable inspection may be liable for fraudulent nondisclosure despite caveat emptor.

Question 35: A buyer contracts to purchase a machine, and after the seller's breach, the buyer purchases a reasonable substitute machine for $2,000 more than the contract price. What are the buyer's direct damages under the UCC?

The full price of the substitute machine
The contract price of the original machine
$2,000, the difference between the cover price and the contract price, plus incidental damages (Correct answer)
Nothing, because the buyer chose to cover

Correct answer: $2,000, the difference between the cover price and the contract price, plus incidental damages

Under UCC 2-712, a buyer who covers in good faith recovers the difference between the cover price and the contract price plus incidental and consequential damages.

Question 36: A criminal defendant elects not to testify. The prosecution then offers evidence of his prior burglary conviction to impeach him. Is the conviction admissible?

No, because burglary is not a crime of dishonesty
Yes, because felony convictions are always admissible against defendants
Yes, if the conviction is less than ten years old
No, because a defendant who does not testify cannot be impeached with a conviction (Correct answer)

Correct answer: No, because a defendant who does not testify cannot be impeached with a conviction

Impeachment by conviction under Rule 609 applies only to witnesses, so a defendant who never testifies is not subject to it.

Question 37: A defendant negligently blocks a road, and the plaintiff is injured when a drunk driver swerves around the blockage and hits him. The drunk driver's act is best analyzed as:

An independent tort making the defendant an accomplice
A foreseeable intervening cause that does not cut off liability (Correct answer)
A superseding cause that always absolves the defendant
Contributory negligence imputed to the plaintiff

Correct answer: A foreseeable intervening cause that does not cut off liability

Negligent or even criminal third-party conduct does not supersede the original tortfeasor's liability if it was a foreseeable result of the negligence.

Question 38: After a customer slips on a wet floor in a grocery store, the store installs non-slip mats. In the customer's negligence suit, the customer offers evidence of the mat installation to prove the store was negligent. Is the evidence admissible for that purpose?

No, because subsequent remedial measures are inadmissible to prove negligence (Correct answer)
Yes, because it shows the store knew the floor was dangerous
Yes, because remedial measures are party admissions
No, because the evidence is irrelevant

Correct answer: No, because subsequent remedial measures are inadmissible to prove negligence

Rule 407 bars evidence of subsequent remedial measures when offered to prove negligence or culpable conduct.

Question 39: Which doctrine allows the Supreme Court to decline deciding a constitutional question when a case can be resolved on non-constitutional grounds?

Standing doctrine
Abstention doctrine
Political question doctrine
Constitutional avoidance canon (Correct answer)

Correct answer: Constitutional avoidance canon

The constitutional avoidance canon instructs courts to interpret statutes to avoid raising constitutional issues when a reasonable alternative interpretation is available.

Question 40: A witness is asked on cross-examination whether she lied on a job application last year, a specific instance of conduct probative of untruthfulness. She denies it. May the cross-examiner introduce the job application to prove the lie?

No, because extrinsic evidence of specific instances of conduct is not admissible to attack a witness's character for truthfulness (Correct answer)
No, because the question itself was improper
Yes, because the witness denied the conduct
Yes, because documents are not extrinsic evidence

Correct answer: No, because extrinsic evidence of specific instances of conduct is not admissible to attack a witness's character for truthfulness

Under Rule 608(b), specific instances of untruthful conduct may be inquired into on cross-examination but may not be proved by extrinsic evidence, so the examiner is stuck with the answer.

Question 41: A tenant assigns her lease to an assignee, who then stops paying rent. Whom may the landlord sue?

Both — the assignee under privity of estate and the original tenant under privity of contract (Correct answer)
Only the original tenant, because the landlord never approved the assignment
Neither, until the lease term expires
Only the assignee, because assignment releases the tenant

Correct answer: Both — the assignee under privity of estate and the original tenant under privity of contract

Assignment transfers privity of estate to the assignee while the original tenant remains liable on the lease covenant through privity of contract absent a release.

Question 42: In a criminal case, which of the following is generally considered a "Miranda" right that must be provided before a custodial interrogation?

The right to remain silent (Correct answer)
The right to a speedy trial
The right to a speedy trial
The right to an attorney during trial

Correct answer: The right to remain silent

The Miranda warning, established in Miranda v. Arizona, requires law enforcement to inform a suspect of their constitutional rights before a custodial interrogation. A fundamental 'Miranda' right is the right to remain silent, which protects individuals from self-incrimination. This ensures suspects are aware they do not have to answer questions and can request an attorney.

Question 43: A lawyer charges a client a nonrefundable 'general retainer' of $5,000 solely to guarantee the lawyer's availability, performing no specific services. Under the Model Rules, this fee:

Is always prohibited as unearned
May be proper if it is reasonable and truly compensates availability rather than prepaying for services (Correct answer)
Is proper only in criminal cases
Must be placed in the trust account until services are performed

Correct answer: May be proper if it is reasonable and truly compensates availability rather than prepaying for services

A true general retainer purchasing availability is earned when paid and permissible if reasonable under Rule 1.5, unlike an advance payment for future services.

Question 44: A farmer contracts to sell his specific crop of corn from his own fields. A drought destroys the entire crop without the farmer's fault. What is the farmer's best defense to a breach claim?

Impossibility/impracticability because the contract contemplated crops from identified land destroyed without fault (Correct answer)
Unconscionability of the price term
Frustration of purpose because farming became unprofitable
Mutual mistake about future weather

Correct answer: Impossibility/impracticability because the contract contemplated crops from identified land destroyed without fault

When a contract requires goods from an identified source that is destroyed without fault, performance is excused by impracticability under UCC 2-613/2-615 principles.

Question 45: A driver sues for injuries from a car crash. She offers testimony that the defendant always rolls through the stop sign at that intersection every morning on his commute. Is this testimony admissible?

No, because character evidence is inadmissible in civil cases
Yes, as habit evidence to prove the defendant acted in accordance with the habit (Correct answer)
Yes, but only if corroborated by an eyewitness to the crash
No, because prior bad acts cannot prove conduct

Correct answer: Yes, as habit evidence to prove the defendant acted in accordance with the habit

Rule 406 allows evidence of a person's habit — a regular, specific response to a repeated situation — to prove conduct in conformity, without corroboration.

Question 46: A store patron slips on spilled juice that had been on the floor for two hours. To recover against the Ohio store owner, the patron must generally show:

The hazard existed, regardless of the owner's knowledge
The owner had actual or constructive notice of the hazard (Correct answer)
The store lacked a written inspection policy
Another customer caused the spill

Correct answer: The owner had actual or constructive notice of the hazard

Premises liability for invitees requires actual or constructive notice of the hazard, which a two-hour duration can establish constructively.

Question 47: A lay witness who watched a car speed past testifies, 'The car was going at least 80 miles per hour.' The opponent objects that the witness is not an expert. Should the testimony be admitted?

Yes, but only if the witness is a licensed driver
No, because lay witnesses may state only facts, never opinions
Yes, because speed estimates are proper lay opinion rationally based on perception (Correct answer)
No, because speed requires expert testimony

Correct answer: Yes, because speed estimates are proper lay opinion rationally based on perception

Rule 701 permits lay opinion rationally based on the witness's perception and helpful to the jury, and vehicle speed is a classic example.

Question 48: What is arbitrary and capricious review?

A review available only for criminal administrative proceedings
A standard that applies only to agency budget decisions
A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors (Correct answer)
A type of review that gives complete deference to agencies

Correct answer: A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors

Under arbitrary and capricious review, courts assess whether the agency considered relevant factors, made a clear error of judgment, or acted in a manner not based on rational analysis of the evidence.

Question 49: What is the difference between separate and marital property in divorce?

Separate property includes everything in one spouse's name
All property becomes marital upon marriage
Separate property was owned before marriage or received as a gift; marital property was acquired during marriage (Correct answer)
There is no legal distinction between property types

Correct answer: Separate property was owned before marriage or received as a gift; marital property was acquired during marriage

Separate property generally includes assets owned before marriage, inherited individually, or received as gifts. Marital property includes assets acquired during the marriage through joint effort.

Question 50: In a personal injury case, the defendant offers evidence that the plaintiff carries health insurance to suggest the plaintiff suffered no real financial loss. Is this evidence admissible?

No, because evidence of liability insurance rules and relevance principles bar it, and the collateral source is unfairly prejudicial (Correct answer)
Yes, because insurance evidence is only barred when offered against defendants
Yes, because it is relevant to damages
No, because insurance records are hearsay

Correct answer: No, because evidence of liability insurance rules and relevance principles bar it, and the collateral source is unfairly prejudicial

Evidence of a plaintiff's insurance is generally excluded as irrelevant to liability and unfairly prejudicial under Rule 403 and collateral source principles.

Question 51: The doctrine of res judicata in Ohio bars relitigation of claims that:

Arise from the same transaction or occurrence as the prior action, whether raised or not (Correct answer)
Were actually litigated and decided in the prior action
Involve the same parties but different legal theories
Were dismissed without prejudice in a prior action

Correct answer: Arise from the same transaction or occurrence as the prior action, whether raised or not

Ohio's claim preclusion (res judicata) bars all claims arising from the same transaction or occurrence that were or could have been raised in the prior proceeding, not just those that were actually litigated.

Question 52: What is the best evidence rule?

Only the strongest evidence in a case is admissible
The party with the best evidence wins automatically
Original documents must be produced to prove their contents unless an exception applies (Correct answer)
Physical evidence always takes priority over testimony

Correct answer: Original documents must be produced to prove their contents unless an exception applies

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.

Question 53: What is the mailbox rule in contract law?

An acceptance is effective when dispatched by the offeree, not when received by the offeror (Correct answer)
All contract communications must be in writing
An offer expires when placed in the mailbox
Contracts must be mailed to be valid

Correct answer: An acceptance is effective when dispatched by the offeree, not when received by the offeror

The mailbox rule provides that an acceptance becomes effective at the moment of dispatch (when mailed), creating a contract even before the offeror receives it.

Question 54: What is the statute of frauds?

Only oral contracts are subject to fraud claims
Fraud automatically invalidates any contract
All contracts must be in writing
Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year (Correct answer)

Correct answer: Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year

The statute of frauds requires a signed writing for certain categories of contracts including land sales, contracts not performable within one year, surety agreements, and contracts for goods over $500 under the UCC.

Question 55: After receiving a Chapter 119 notice of an agency's intended action, how long does the party generally have to request an adjudication hearing?

10 days
30 days (Correct answer)
60 days
90 days

Correct answer: 30 days

Under R.C. 119.07, a party generally has 30 days after the mailing of notice to request a hearing.

Question 56: A defense witness's testimony is attacked as a recent fabrication motivated by a bribe allegedly paid last month. The defense offers the witness's consistent statement made a year before the alleged bribe. Is the prior consistent statement admissible?

Yes, because it predates the alleged motive to fabricate and rebuts the charge of recent fabrication (Correct answer)
No, because prior consistent statements are always inadmissible hearsay
No, because the statement was not made under oath
Yes, but only to rehabilitate, never as substantive evidence

Correct answer: Yes, because it predates the alleged motive to fabricate and rebuts the charge of recent fabrication

Under Rule 801(d)(1)(B), a prior consistent statement made before the alleged motive to fabricate arose is admissible both to rehabilitate and as substantive evidence.

Question 57: Under Ohio Civ. R. 15(A), a party may amend a pleading once as a matter of course within how many days after serving the pleading?

28 days (Correct answer)
30 days
21 days
14 days

Correct answer: 28 days

Ohio Civ. R. 15(A) allows a party to amend its pleading once as a matter of course within 21 days after serving it, or within 21 days after service of a responsive pleading or certain motions.

Question 58: A nurse receives a notice that the Ohio Board of Nursing proposes to suspend her license. Under R.C. Chapter 119, what must the notice include?

Only the effective date of the suspension
A complete transcript of the board's investigation
The names of all complaining witnesses
The charges or reasons for the action, the law or rule involved, and a statement of the right to a hearing (Correct answer)

Correct answer: The charges or reasons for the action, the law or rule involved, and a statement of the right to a hearing

R.C. 119.07 requires notice stating the charges, the legal basis, and the party's right to request a hearing.

Question 59: Two adjacent Ohio landowners share a driveway easement created by an unrecorded written agreement. One sells to a purchaser who sees the shared paved driveway during inspection. Is the purchaser bound?

Yes, but only if she signed an assumption agreement
No, because easements cannot bind bona fide purchasers
No, because the agreement was never recorded
Yes, because the visible use put her on inquiry notice (Correct answer)

Correct answer: Yes, because the visible use put her on inquiry notice

Open and visible use of a servitude places a purchaser on inquiry notice, defeating bona fide purchaser status even without recording.

Question 60: Under substantive due process, what level of scrutiny applies to government interference with a fundamental right?

Rational basis
Intermediate scrutiny
Deferential review
Strict scrutiny (Correct answer)

Correct answer: Strict scrutiny

When a law burdens a fundamental right—such as voting, travel, or privacy interests—courts apply strict scrutiny, requiring the law to be narrowly tailored to achieve a compelling government interest.

Question 61: What is the double jeopardy clause?

The Fifth Amendment prohibition against being tried twice for the same offense (Correct answer)
The right to two appeals
Protection against receiving two sentences
A requirement to face two juries simultaneously

Correct answer: The Fifth Amendment prohibition against being tried twice for the same offense

The Double Jeopardy Clause of the Fifth Amendment prevents the government from prosecuting a person twice for the same offense or imposing multiple punishments for the same crime.

Question 62: A merchant emails another merchant: "I will sell you 500 widgets at $10 each, offer firm for 30 days." Ten days later, before acceptance, the seller revokes. Under UCC Article 2, is the revocation effective?

No, because a signed firm offer by a merchant is irrevocable for the stated period up to three months (Correct answer)
Yes, because firm offers require a separate signed writing apart from the offer itself
Yes, because no consideration was given to keep the offer open
No, because all offers between merchants are irrevocable for 90 days

Correct answer: No, because a signed firm offer by a merchant is irrevocable for the stated period up to three months

Under UCC 2-205, a merchant's signed writing giving assurance an offer will be held open is irrevocable without consideration for the stated time, not exceeding three months.

Question 63: In a drug conspiracy trial, the prosecution offers a co-conspirator's statement made to an undercover officer arranging a future drug sale. The defendant objects on hearsay grounds. Is the statement admissible against the defendant?

No, because the co-conspirator is not on trial
Yes, because statements by a co-conspirator during and in furtherance of the conspiracy are non-hearsay (Correct answer)
No, unless the co-conspirator testifies
Yes, but only if the defendant was present when it was made

Correct answer: Yes, because statements by a co-conspirator during and in furtherance of the conspiracy are non-hearsay

Rule 801(d)(2)(E) treats a co-conspirator's statement made during and in furtherance of the conspiracy as an admission attributable to all conspirators.

Question 64: A husband is charged with bank robbery. The prosecution calls his wife, who is willing to testify against him about events during the marriage that were not confidential communications. The husband objects, invoking spousal privilege. In most jurisdictions following the federal rule, how should the court rule?

Allow the testimony only if the marriage has ended
Allow the testimony, because the witness-spouse holds the testimonial privilege and may waive it (Correct answer)
Exclude the testimony, because the defendant-spouse holds the privilege
Exclude the testimony, because spouses may never testify against each other

Correct answer: Allow the testimony, because the witness-spouse holds the testimonial privilege and may waive it

Under Trammel, the spousal testimonial privilege belongs to the witness-spouse alone, who may choose to testify.

Question 65: A defendant is on trial for assault. The prosecution calls a witness to testify that the defendant has a reputation in the community for violence. The defendant has not yet presented any character evidence. Is the testimony admissible?

Yes, because violence is directly relevant to an assault charge
No, because reputation evidence is inadmissible hearsay
No, because the prosecution may not offer character evidence about the defendant until the defendant opens the door (Correct answer)
Yes, because reputation testimony is always admissible

Correct answer: No, because the prosecution may not offer character evidence about the defendant until the defendant opens the door

Under Rule 404(a), the prosecution cannot introduce evidence of a defendant's bad character until the defendant first puts character in issue.

Question 66: Under Ohio law, an LLC operating agreement:

Is only valid if signed by all members and notarized before the LLC is formed
Must be filed with the Ohio Secretary of State to be legally enforceable
Cannot modify or override the default rules set forth in the Ohio LLC Act
May be oral or written and governs the internal affairs of the LLC without needing to be filed with the state (Correct answer)

Correct answer: May be oral or written and governs the internal affairs of the LLC without needing to be filed with the state

An Ohio LLC operating agreement may be oral or written, need not be filed with the state, and can generally modify statutory default rules to customize the LLC's governance.

Question 67: What is the right to a speedy trial?

The right to delay trial indefinitely
The right to complete trial within 24 hours of arrest
A right that applies only to misdemeanors
The Sixth Amendment right to be tried without unnecessary delay after being charged (Correct answer)

Correct answer: The Sixth Amendment right to be tried without unnecessary delay after being charged

The Sixth Amendment guarantees a speedy trial, evaluated by balancing the length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

Question 68: O conveys "to A so long as the land is used as a farm, then to B." Under the common-law Rule Against Perpetuities, what is the state of title?

O has a right of entry exercisable at will
A has a fee simple absolute
B has a valid executory interest that may vest anytime
A has a fee simple determinable and O has a possibility of reverter, because B's executory interest is void (Correct answer)

Correct answer: A has a fee simple determinable and O has a possibility of reverter, because B's executory interest is void

B's shifting executory interest could vest centuries later and is void under the Rule, leaving A with a fee simple determinable and O a possibility of reverter.

Question 69: A seller ships nonconforming goods in response to a buyer's purchase order but includes a note stating the goods are offered "only as an accommodation." What is the legal effect under the UCC?

The shipment is both an acceptance and a breach
The note is irrelevant; shipping goods always accepts the offer
The shipment is a counteroffer, not an acceptance, so there is no breach if the buyer rejects (Correct answer)
The shipment is void and the seller owes cover damages

Correct answer: The shipment is a counteroffer, not an acceptance, so there is no breach if the buyer rejects

Under UCC 2-206, shipment of nonconforming goods with a seasonable accommodation notice operates as a counteroffer rather than an acceptance and breach.

Question 70: A homeowner grants her neighbor a written easement to cross her driveway. The neighbor later buys the homeowner's lot, then sells it again a year later. What happened to the easement?

It was extinguished by merger and does not automatically revive (Correct answer)
It converts to a license on the resale
It survives because it was recorded
It was suspended and revived on the resale

Correct answer: It was extinguished by merger and does not automatically revive

When the dominant and servient estates come into common ownership, the easement is extinguished by merger and is not revived by a later severance.

Question 71: A landowner in Ohio openly farms a neighbor's strip of land, believing it is his own, continuously for 21 years. Which element of adverse possession does his mistaken belief affect?

Exclusivity — mistake makes possession shared
Hostility — good faith defeats the claim
Continuity — mistaken use tolls the period
None — Ohio applies an objective standard of hostility (Correct answer)

Correct answer: None — Ohio applies an objective standard of hostility

Ohio, like most states, uses an objective test for hostility, so a mistaken but non-permissive occupation still satisfies the element.

Question 72: The 'overbreadth' doctrine in First Amendment law allows a party to challenge a statute as unconstitutional even if their own conduct could be regulated, because:

The statute substantially chills protected speech of third parties (Correct answer)
The statute was passed without a compelling interest
The statute is too vague to understand
The government failed to hold a public hearing before enacting the law

Correct answer: The statute substantially chills protected speech of third parties

Overbreadth doctrine permits a facial challenge when a law sweeps so broadly that it chills a substantial amount of protected speech, even if the challenger's specific conduct could constitutionally be prohibited.

Question 73: A plaintiff's noneconomic damages in an ordinary Ohio tort case (no permanent catastrophic injury) are capped at:

The greater of $250,000 or three times economic damages, up to $350,000 per plaintiff (Correct answer)
$100,000 regardless of economic loss
No cap applies to any tort damages in Ohio
$1,000,000 in all cases

Correct answer: The greater of $250,000 or three times economic damages, up to $350,000 per plaintiff

R.C. 2315.18 caps noneconomic damages at the greater of $250,000 or three times economic loss, capped at $350,000 per plaintiff, absent catastrophic injury.

Question 74: A lawyer knows that another lawyer has committed a violation raising a substantial question as to that lawyer's honesty. The knowledge is not protected by Rule 1.6. The lawyer must:

Report only if a client was harmed
Confront the other lawyer privately first
Wait until the conduct is repeated
Report the violation to the appropriate professional authority (Correct answer)

Correct answer: Report the violation to the appropriate professional authority

Rule 8.3(a) mandates reporting another lawyer's violation that raises a substantial question about honesty, trustworthiness, or fitness, absent confidentiality protection.

Question 75: Under dormant Commerce Clause doctrine, a state law that facially discriminates against interstate commerce is subject to what level of scrutiny?

Intermediate scrutiny
Strict scrutiny / near-per-se invalidity (Correct answer)
Rational basis review
Undue burden balancing

Correct answer: Strict scrutiny / near-per-se invalidity

Facially discriminatory state laws that burden interstate commerce are virtually per se invalid unless the state can show no reasonable nondiscriminatory alternatives exist to achieve a legitimate local purpose.

Question 76: 'Apparent authority' of an agent to bind a principal arises when:

A third party reasonably believes the agent is authorized based on representations made by the principal (Correct answer)
The agent's conduct falls within the usual custom for agents in that role or industry
The principal explicitly grants the agent authority through a signed power of attorney
The agent's authority is implied from the specific nature of the task the principal assigned

Correct answer: A third party reasonably believes the agent is authorized based on representations made by the principal

Apparent authority exists when the principal's words or conduct cause a third party to reasonably believe the agent has authority to act, even if actual authority is absent.

Question 77: Under the First Amendment, what is the primary test applied to content-neutral restrictions on speech in a public forum?

Undue burden
Rational basis
Intermediate scrutiny (time, place, manner) (Correct answer)
Strict scrutiny

Correct answer: Intermediate scrutiny (time, place, manner)

Content-neutral regulations of speech in public forums are subject to intermediate scrutiny, requiring the regulation to be narrowly tailored to serve a significant government interest and leave open alternative channels of communication.

Question 78: Officers interrogate an un-Mirandized suspect who confesses, then give Miranda warnings and have him repeat the confession as part of a deliberate two-step strategy. Under Missouri v. Seibert, the second confession is:

Admissible under Oregon v. Elstad in all circumstances
Admissible, because it followed valid Miranda warnings
Inadmissible only if physical coercion was used
Inadmissible, because midstream warnings following a deliberate question-first tactic are ineffective (Correct answer)

Correct answer: Inadmissible, because midstream warnings following a deliberate question-first tactic are ineffective

Seibert condemns the deliberate two-step interrogation technique, holding midstream warnings ineffective where they cannot reasonably convey the suspect's true choice.

Question 79: Under the Supremacy Clause, when does federal law preempt state law?

Whenever a state law is more restrictive than federal law
When federal law conflicts with state law, Congress occupies the field, or compliance with both is impossible (Correct answer)
Only when the President signs an executive order preempting state law
Only when Congress expressly states its intent to preempt

Correct answer: When federal law conflicts with state law, Congress occupies the field, or compliance with both is impossible

Preemption occurs through express preemption, field preemption (Congress occupies the entire regulatory field), or conflict preemption (it is impossible to comply with both or the state law obstructs federal purposes).

Question 80: The constitutional prohibition on ex post facto laws prevents the government from doing which of the following?

Passing any retroactive legislation
Changing civil liability rules after a contract is formed
Criminalizing an act after it was committed or increasing punishment retroactively (Correct answer)
Taxing income earned in prior years

Correct answer: Criminalizing an act after it was committed or increasing punishment retroactively

The Ex Post Facto Clause bars retroactive laws that criminalize previously lawful conduct, increase punishment for a prior offense, or deprive defendants of a defense available at the time of the act.

Question 81: When may character evidence be used to prove conduct?

Only the prosecution may introduce character evidence
Character evidence is never admissible in any case
Character evidence is always admissible to prove conduct
In criminal cases, the defendant may offer evidence of pertinent good character traits (Correct answer)

Correct answer: In criminal cases, the defendant may offer evidence of pertinent good character traits

In criminal cases, the defendant may offer evidence of relevant good character traits. The prosecution cannot initiate character evidence but may rebut once the defendant opens the door.

Question 82: A mortgagor in Ohio defaults, and the lender seeks to take possession before foreclosure. Why will the lender likely fail?

Ohio is a title-theory state, but possession requires a jury trial
Ohio is a lien-theory state, so the mortgagee has no possessory right before foreclosure (Correct answer)
Possession automatically passes to the county sheriff on default
The mortgagor's default cures itself after 30 days

Correct answer: Ohio is a lien-theory state, so the mortgagee has no possessory right before foreclosure

In a lien-theory state like Ohio, the mortgage is only a security lien, so the lender must foreclose judicially before obtaining possession.

Question 83: A plaintiff offers a properly authenticated photocopy of a signed contract. The defendant objects, demanding the original under the best evidence rule. No genuine question exists about the original's authenticity. Should the copy be admitted?

No, because the best evidence rule always requires the original
No, because contracts must be proved by originals
Yes, but only if the original is proven destroyed
Yes, because a duplicate is admissible to the same extent as the original absent a genuine authenticity question (Correct answer)

Correct answer: Yes, because a duplicate is admissible to the same extent as the original absent a genuine authenticity question

Rule 1003 makes duplicates admissible to the same extent as originals unless there is a genuine question about the original's authenticity or admitting the duplicate would be unfair.

Question 84: A defendant was served with a federal complaint on June 1 and did not file a pre-answer motion. By what date must the defendant ordinarily serve an answer?

Within 30 days of service
Within 14 days of service
Within 21 days of service, by June 22 (Correct answer)
Within 60 days of service

Correct answer: Within 21 days of service, by June 22

Rule 12(a) requires an answer within 21 days after service unless service was waived or the government is a party.

Question 85: An examinee is unsure of the exact rule on an MEE essay. What is the best course of action?

Answer with a different subject the examinee knows better
Write only the facts without any legal analysis
Leave the question blank to avoid losing points
State a reasonable rule confidently and analyze the facts under it (Correct answer)

Correct answer: State a reasonable rule confidently and analyze the facts under it

Partial credit is available for sound analysis, so stating a plausible rule and applying it to the facts earns far more than a blank or off-topic answer.

Question 86: O conveys "to A and her heirs, but if the land is ever used for commercial purposes, O may re-enter and retake the premises." What estate does A hold?

A life estate with a reversion in O
A fee simple determinable
A fee simple absolute
A fee simple subject to a condition subsequent (Correct answer)

Correct answer: A fee simple subject to a condition subsequent

The language of re-entry upon a stated condition creates a fee simple subject to a condition subsequent, with O retaining a right of entry.

Question 87: A buyer and seller sign a fully integrated written contract for the sale of land. The buyer seeks to introduce evidence of a prior oral agreement that the seller would also remove an old barn. Is the evidence admissible?

Yes, because the parol evidence rule applies only to sales of goods
Yes, because oral agreements are always admissible to explain a writing
No, because the Statute of Frauds bars all oral evidence about land
No, because the parol evidence rule bars prior agreements that contradict or supplement a fully integrated writing (Correct answer)

Correct answer: No, because the parol evidence rule bars prior agreements that contradict or supplement a fully integrated writing

When a writing is a complete integration, the parol evidence rule bars evidence of prior or contemporaneous agreements offered to add to or vary its terms.

Question 88: Under Ohio law, a child born to a married woman is presumed to be the child of whom?

Her husband, subject to rebuttal by clear and convincing evidence (Correct answer)
Her husband, conclusively and without exception
No one, until genetic testing is completed
The biological father, regardless of the marriage

Correct answer: Her husband, subject to rebuttal by clear and convincing evidence

Ohio Rev. Code 3111.03 presumes the husband is the father of a child born during the marriage, but the presumption can be rebutted by clear and convincing evidence such as genetic testing.

Question 89: A plaintiff's attorney asks a treating physician on direct examination: 'You found the plaintiff's injury was caused by the crash, didn't you?' Defense counsel objects. What is the best ground?

The question calls for an improper lay opinion
The question is leading on direct examination (Correct answer)
The question calls for hearsay
The question assumes facts not in evidence

Correct answer: The question is leading on direct examination

Leading questions are generally not permitted on direct examination of a friendly witness under Rule 611(c).

Question 90: When analyzing whether government speech or a public employee's speech is protected by the First Amendment, courts first ask:

Whether the speech was offensive
Whether the employer had a policy against such speech
Whether the employee spoke as a citizen on a matter of public concern (Correct answer)
Whether the speech was made in writing

Correct answer: Whether the employee spoke as a citizen on a matter of public concern

Under Garcetti v. Ceballos, a public employee's speech is protected by the First Amendment only if the employee spoke as a citizen (not pursuant to official duties) on a matter of public concern.

Question 91: Which constitutional doctrine limits federal courts to deciding only actual 'cases or controversies,' requiring parties to have standing?

Political Question Doctrine
Preemption Doctrine
Article III Justiciability (Correct answer)
Abstention Doctrine

Correct answer: Article III Justiciability

Article III of the Constitution restricts federal judicial power to actual cases or controversies, meaning a plaintiff must demonstrate injury in fact, causation, and redressability to have standing to sue.

Question 92: The prosecution fails to disclose a deal promising leniency to its key witness in exchange for testimony. The defense learns of it after conviction. Relief is warranted if:

The defense can show the prosecutor acted in bad faith
The impeachment evidence was material, meaning a reasonable probability exists that disclosure would have changed the outcome (Correct answer)
The deal was in writing
The witness's testimony was the only evidence of guilt

Correct answer: The impeachment evidence was material, meaning a reasonable probability exists that disclosure would have changed the outcome

Under Brady and Giglio, impeachment evidence must be disclosed, and suppression violates due process when the evidence is material to the outcome regardless of prosecutorial good faith.

Question 93: An Ohio landlocked parcel was created when a farmer sold his back acreage without reserving road access. Years later, the buyer of the back parcel seeks a way out across the front parcel. What is the strongest theory?

Easement implied by necessity arising at severance of common ownership (Correct answer)
Easement by estoppel based on the sale price
Prescriptive easement despite lack of prior use
Public trust access to all landlocked land

Correct answer: Easement implied by necessity arising at severance of common ownership

An easement by necessity arises when a conveyance severs commonly owned land and leaves one parcel without legal access.

Question 94: A landowner excavates near the boundary line, and the neighbor's land — in its natural state — subsides. What is the excavating owner's liability for the subsidence?

Strictly liable, because the right to lateral support of land in its natural state is absolute (Correct answer)
Liable only if negligence is proven
Liable only for damage to structures, not soil
Not liable, because landowners may excavate freely

Correct answer: Strictly liable, because the right to lateral support of land in its natural state is absolute

A landowner is strictly liable for withdrawing lateral support that causes naturally-conditioned neighboring land to subside.

Question 95: A buyer uses delivered machinery in its factory for three months without complaint despite knowing of defects, then attempts to reject it. What result under the UCC?

The buyer may still reject because the defects existed at delivery
The buyer may reject if it stops using the machinery now
Rejection is timely within one year of delivery
The buyer has accepted the goods by acts inconsistent with the seller's ownership and can no longer reject (Correct answer)

Correct answer: The buyer has accepted the goods by acts inconsistent with the seller's ownership and can no longer reject

Continued use of goods with knowledge of defects constitutes acceptance under UCC 2-606, cutting off the right to reject and leaving only damages or revocation.

Question 96: A judge's spouse owns stock worth $100,000 in a corporation that is a party in a case assigned to the judge. The judge must:

Transfer the stock to a blind trust and proceed
Hear the case if she believes she can be impartial
Disqualify herself because a family member has a significant economic interest in the proceeding (Correct answer)
Disclose the interest and proceed absent objection

Correct answer: Disqualify herself because a family member has a significant economic interest in the proceeding

The Code of Judicial Conduct requires disqualification when the judge or a family member has an economic interest in a party that could be substantially affected.

Question 97: What is promissory estoppel?

A promise that was signed and notarized
A requirement that all promises must be in writing
A doctrine enforcing promises when a party reasonably relied on the promise to their detriment (Correct answer)
A promise made in a courtroom

Correct answer: A doctrine enforcing promises when a party reasonably relied on the promise to their detriment

Promissory estoppel allows enforcement of a promise without consideration when the promisor should have expected reliance, the promisee did rely to their detriment, and injustice can only be avoided by enforcement.

Question 98: In Ohio, venue in a tort action is generally proper in which county?

Only the county where the principal office of the defendant is located
Only the county where the plaintiff resides
Only the county where the defendant resides
Any county where a defendant resides, where the cause of action arose, or where the defendant conducts activity (Correct answer)

Correct answer: Any county where a defendant resides, where the cause of action arose, or where the defendant conducts activity

Ohio Civ. R. 3(B) lists multiple permissible venues for a tort action, including the county where the defendant resides, where the defendant has a principal place of business, or where the cause of action arose.

Question 99: A wife dies owning Ohio real estate titled solely in her name, leaving a surviving husband and a will devising everything to her sister. What protection does the husband have?

He may elect against the will and take a statutory share of the estate (Correct answer)
He takes a life estate in all the real property by curtesy
He takes nothing because the will controls
He automatically takes the real estate by dower in fee

Correct answer: He may elect against the will and take a statutory share of the estate

Ohio gives a surviving spouse the right to elect against the will and take a statutory share, and modern dower provides only a limited life interest in certain circumstances.

Question 100: What is the hearsay rule?

Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible (Correct answer)
Hearsay is always admissible
Only written statements can be hearsay
All spoken testimony is hearsay

Correct answer: Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.

Question 101: An Ohio agency seeks to take emergency action against a license holder who poses an immediate danger to public health. Which is most accurate?

The agency must always hold a full hearing before any suspension
Emergency suspensions are prohibited under Ohio law
Only a court may suspend a license on an emergency basis
The agency may summarily suspend the license if authorized by statute, provided a prompt post-suspension hearing is available (Correct answer)

Correct answer: The agency may summarily suspend the license if authorized by statute, provided a prompt post-suspension hearing is available

Due process permits summary suspension in emergencies when a statute authorizes it and a prompt post-deprivation hearing follows.

Question 102: Officers execute a valid warrant to search a house for a stolen 60-inch television. They open a small jewelry box and find drugs. The drugs are:

Inadmissible, because a large television could not be concealed in a jewelry box, placing it outside the warrant's scope (Correct answer)
Admissible under the plain view doctrine
Admissible because the warrant authorized search of the entire premises
Admissible under the good-faith exception

Correct answer: Inadmissible, because a large television could not be concealed in a jewelry box, placing it outside the warrant's scope

A warrant permits searching only places where the named item could reasonably be found, so a jewelry box is outside the scope of a search for a large television.

Question 103: What is a deficiency judgment in foreclosure?

A penalty imposed on the lender for improper foreclosure
A court finding of title defects
A judgment that the property is worth more than the mortgage
A judgment for the balance owed after the foreclosure sale proceeds are insufficient to cover the debt (Correct answer)

Correct answer: A judgment for the balance owed after the foreclosure sale proceeds are insufficient to cover the debt

When a foreclosure sale produces less than the outstanding mortgage balance, a deficiency judgment allows the lender to pursue the borrower for the remaining amount owed.

Question 104: The Establishment Clause of the First Amendment prohibits government from doing which of the following?

Making laws respecting an establishment of religion (Correct answer)
Preventing religious groups from participating in public life
Funding any religious institution under any circumstances
Requiring clergy to obtain a government license

Correct answer: Making laws respecting an establishment of religion

The Establishment Clause prohibits Congress (and through incorporation, the states) from making any law respecting an establishment of religion, preventing government from officially endorsing or coercing religious belief.

Question 105: A defendant on trial for felonious assault wishes to waive counsel and represent himself. The trial court must:

Grant the request only if standby counsel agrees to assist
Ensure the waiver is knowing, intelligent, and voluntary after warning of the dangers of self-representation, without requiring legal skill (Correct answer)
Deny the request unless the defendant has legal training
Deny the request because self-representation is not allowed in felony cases

Correct answer: Ensure the waiver is knowing, intelligent, and voluntary after warning of the dangers of self-representation, without requiring legal skill

Faretta guarantees the right of self-representation upon a knowing and voluntary waiver made with awareness of its risks, and technical legal knowledge is not required.

Question 106: A tenant's landlord repeatedly enters the apartment without notice and lets contractors block the only entrance for weeks, so the tenant moves out and stops paying rent. What defense does the tenant have to a rent claim?

Retaliatory eviction under Ohio law
Constructive eviction, because the landlord substantially interfered and the tenant vacated promptly (Correct answer)
Actual partial eviction, excusing all future rent while staying
Frustration of purpose

Correct answer: Constructive eviction, because the landlord substantially interfered and the tenant vacated promptly

Substantial interference with use and enjoyment, notice, and prompt vacating establish constructive eviction and terminate the rent obligation.

Question 107: A fixture dispute arises when a commercial tenant removes built-in refrigeration units it installed, patching the walls afterward, before the lease ends. Was removal proper?

No, because commercial tenants have fewer rights than residential tenants
Yes, trade fixtures may be removed by the tenant before lease expiration if damage is repaired (Correct answer)
No, all attached items become the landlord's property immediately
Yes, but only with the landlord's written consent

Correct answer: Yes, trade fixtures may be removed by the tenant before lease expiration if damage is repaired

The trade-fixture doctrine lets a business tenant remove fixtures it installed for its trade before the lease term ends, provided it repairs any damage.

Question 108: What does the Fourth Amendment protect against?

Unreasonable searches and seizures by the government (Correct answer)
All searches regardless of reasonableness
Searches by private parties
Only searches of private homes

Correct answer: Unreasonable searches and seizures by the government

The Fourth Amendment protects individuals from unreasonable searches and seizures by government actors, requiring warrants based on probable cause for most searches.

Question 109: Police arrest a driver, handcuff him, and place him in the patrol car, then search his vehicle's passenger compartment. Under Arizona v. Gant, the search is valid only if:

Officers had probable cause to arrest, regardless of the offense
The vehicle was parked on a public street
The arrest was for any offense, since search incident to arrest always covers the passenger compartment
The arrestee could access the car at the time of the search, or it is reasonable to believe the car contains evidence of the offense of arrest (Correct answer)

Correct answer: The arrestee could access the car at the time of the search, or it is reasonable to believe the car contains evidence of the offense of arrest

Gant limits vehicle searches incident to arrest to situations where the arrestee can access the vehicle or the vehicle may contain evidence of the offense of arrest.

Question 110: The Double Jeopardy Clause of the Fifth Amendment protects against which of the following?

Being tried twice for the same offense after acquittal or conviction (Correct answer)
Serving consecutive sentences for multiple crimes
Being charged with both a misdemeanor and a felony for the same act
Being charged in both state and federal court for the same act

Correct answer: Being tried twice for the same offense after acquittal or conviction

Double jeopardy bars the government from prosecuting a defendant a second time for the same offense after acquittal or conviction, or imposing multiple punishments for the same offense in a single proceeding.

Question 111: Police receive an anonymous tip that a young man in a plaid shirt at a bus stop is carrying a gun. Officers frisk him based solely on the tip. Under Florida v. J.L., the frisk is:

Invalid only if the tipster refused to identify himself when asked
Valid, because tips about firearms trigger an automatic firearm exception
Invalid, because a bare anonymous tip without indicia of reliability does not create reasonable suspicion (Correct answer)
Valid, because the tip accurately described the suspect's clothing and location

Correct answer: Invalid, because a bare anonymous tip without indicia of reliability does not create reasonable suspicion

J.L. holds that an anonymous tip lacking predictive detail or corroboration of illegality cannot alone justify a Terry stop and frisk, and there is no firearm exception.

Question 112: A political-subdivision employee negligently injures a plaintiff while operating a snowplow. Under Ohio's Political Subdivision Tort Liability Act (R.C. Chapter 2744), the city is:

Absolutely immune from all tort claims
Liable only for intentional torts of employees
Potentially liable under the exception for negligent operation of a motor vehicle (Correct answer)
Liable only if it purchased liability insurance

Correct answer: Potentially liable under the exception for negligent operation of a motor vehicle

Chapter 2744 grants general immunity but excepts negligent operation of motor vehicles by employees within the scope of employment.

Question 113: What is specific performance as a contract remedy?

A monetary payment calculated at a specific rate
A court order requiring the breaching party to perform their contractual obligations (Correct answer)
A performance evaluation of contract compliance
A penalty clause in the contract

Correct answer: A court order requiring the breaching party to perform their contractual obligations

Specific performance is an equitable remedy ordering the breaching party to actually perform their obligations, typically available when monetary damages are inadequate and the subject matter is unique.

Question 114: Under respondeat superior, a principal (employer) is vicariously liable for an employee's tort when the tort is committed:

At any time during regular working hours, regardless of the activity
Within the scope of the employee's employment in furtherance of the employer's business (Correct answer)
Only when the employee committed an intentional tort, not mere negligence
Only when the employer specifically directed or authorized the tortious conduct

Correct answer: Within the scope of the employee's employment in furtherance of the employer's business

Under respondeat superior, an employer is vicariously liable for torts committed by an employee while acting within the scope of employment—that is, while performing tasks furthering the employer's business.

Question 115: Congress passes a law requiring state legislatures to enact specific gun registration statutes. A state challenges the law. The strongest argument against the law is:

It exceeds the Commerce Clause power
It violates the Guarantee Clause
It violates the Second Amendment
It violates the anti-commandeering doctrine of the Tenth Amendment (Correct answer)

Correct answer: It violates the anti-commandeering doctrine of the Tenth Amendment

Under New York v. United States and Printz, Congress cannot compel states to enact or administer federal regulatory programs.

Question 116: What is the purpose of probate?

To validate the will, identify assets, pay debts, and distribute the estate under court supervision (Correct answer)
To create a will after death
Only to determine estate tax liability
To automatically transfer property to the spouse

Correct answer: To validate the will, identify assets, pay debts, and distribute the estate under court supervision

Probate is the court-supervised process of proving the will's validity, inventorying the estate, paying creditors and taxes, and distributing remaining assets to beneficiaries.

Question 117: In a contract for the sale of land, the buyer's duty to pay and the seller's duty to convey are, absent contrary agreement, treated as what?

Independent covenants
Illusory promises
Concurrent conditions requiring simultaneous tender (Correct answer)
Conditions subsequent

Correct answer: Concurrent conditions requiring simultaneous tender

Payment and conveyance in a land sale are concurrent conditions, so each party must tender performance to put the other in breach.

Question 118: A testator in Ohio writes her entire will in her own handwriting and signs it, but no witnesses attest it. Is the will valid?

Yes, because holographic wills are valid everywhere
Yes, if the handwriting is verified by two people
No, unless it is also notarized
No, because Ohio does not recognize unwitnessed holographic wills (Correct answer)

Correct answer: No, because Ohio does not recognize unwitnessed holographic wills

Ohio does not recognize holographic wills; even a fully handwritten will must satisfy the attestation requirements of R.C. 2107.03.

Question 119: A buyer breaches a contract to buy a boat from a dealer with an unlimited supply of identical boats. The dealer resells the boat at the same price. What damages may the dealer recover?

The full contract price
Nothing, because resale at the same price eliminated any loss
Nominal damages only, capped at $100
Lost profits as a lost-volume seller, because resale did not make it whole (Correct answer)

Correct answer: Lost profits as a lost-volume seller, because resale did not make it whole

Under UCC 2-708(2), a lost-volume seller may recover the profit it would have made on the breached sale because it could have made both sales.

Question 120: A seller contracts to deliver 100 chairs by June 1. On May 15, the seller delivers 100 chairs, 10 of which are scratched. Under the UCC perfect tender rule, what may the buyer do?

Nothing, because the defect is not material
Only accept the shipment and sue for damages
Reject the whole, accept the whole, or accept any commercial units and reject the rest (Correct answer)
Only reject the entire shipment

Correct answer: Reject the whole, accept the whole, or accept any commercial units and reject the rest

Under UCC 2-601, if goods fail in any respect to conform, the buyer may reject all, accept all, or accept any commercial units and reject the rest.

Question 121: A defendant is charged with both misdemeanor theft and felony robbery arising from the same conduct. In Ohio, jeopardy attaches in a jury trial when:

The indictment is filed
The first witness is sworn
The jury is impaneled and sworn (Correct answer)
Opening statements begin

Correct answer: The jury is impaneled and sworn

In a jury trial, jeopardy attaches when the jury is impaneled and sworn; in a bench trial, it attaches when the first witness is sworn.

Question 122: Under Ohio Civ. R. 41(A), a plaintiff may voluntarily dismiss an action without a court order when dismissal is filed:

Only with the consent of all parties
Within 30 days after the complaint is filed
At any time before verdict
Before the opposing party serves an answer or a motion for summary judgment, whichever is earlier (Correct answer)

Correct answer: Before the opposing party serves an answer or a motion for summary judgment, whichever is earlier

Ohio Civ. R. 41(A)(1) permits a plaintiff to voluntarily dismiss without a court order by filing a notice before the opposing party serves an answer or a motion for summary judgment, whichever is earlier.

Question 123: A seller of a business promises not to compete within the same city for two years. The buyer later sues to enforce the covenant. How will a court most likely analyze it?

Enforce it if reasonable in scope, geography, and duration to protect a legitimate business interest (Correct answer)
Convert it to a money judgment only
Enforce it automatically because it was bargained for
Refuse enforcement because all restraints on trade are illegal

Correct answer: Enforce it if reasonable in scope, geography, and duration to protect a legitimate business interest

Covenants not to compete ancillary to the sale of a business are enforceable if reasonably limited in time, territory, and scope.

Question 124: Ohio child support is generally calculated using which model?

A flat percentage of the obligor's income only
The income shares model based on both parents' incomes (Correct answer)
Judicial discretion without guidelines
The Melson formula

Correct answer: The income shares model based on both parents' incomes

Ohio uses an income shares model that combines both parents' incomes to determine the guideline support obligation, which is presumptively correct.

Question 125: The Second Amendment right to keep and bear arms, as interpreted by the Supreme Court in McDonald v. City of Chicago, applies to the states through which constitutional provision?

The Privileges and Immunities Clause of Article IV
The Due Process Clause of the Fourteenth Amendment (Correct answer)
The Supremacy Clause
The Ninth Amendment

Correct answer: The Due Process Clause of the Fourteenth Amendment

In McDonald v. City of Chicago (2010), the Supreme Court held the Second Amendment is incorporated against the states via the Due Process Clause of the Fourteenth Amendment.

Question 126: For a prenuptial (antenuptial) agreement to be enforceable in Ohio under Gross v. Gross, it must have been entered into how?

With both parties represented by independent counsel
At least thirty days before the wedding ceremony
Freely, with full disclosure or full knowledge of assets, and without fraud or overreaching (Correct answer)
With terms that remain fair at the time of enforcement in all respects

Correct answer: Freely, with full disclosure or full knowledge of assets, and without fraud or overreaching

Gross v. Gross requires voluntary execution with full disclosure or knowledge of the other's assets and no fraud, duress, coercion, or overreaching; independent counsel and a waiting period are not absolute requirements.

Question 127: What are prior inconsistent statements used for?

To establish a witness's qualifications
To impeach a witness's credibility by showing contradictory earlier statements (Correct answer)
To introduce new evidence through a witness
To prove the truth of the earlier statement in all cases

Correct answer: To impeach a witness's credibility by showing contradictory earlier statements

Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.

Question 128: A contract requires a builder to construct a house "to the owner's personal satisfaction." The builder completes the work competently, but the owner honestly claims dissatisfaction. For aesthetic-taste contracts, what standard applies to the owner's rejection?

The owner must accept if performance is substantial
An objective reasonable-person standard in all cases
A subjective good-faith standard, so honest dissatisfaction defeats recovery on the contract (Correct answer)
Satisfaction clauses are unenforceable as illusory

Correct answer: A subjective good-faith standard, so honest dissatisfaction defeats recovery on the contract

For contracts involving personal taste or judgment, satisfaction clauses are measured by honest, good-faith subjective dissatisfaction.

Question 129: A defendant is arrested without a warrant. Under County of Riverside v. McLaughlin, a judicial probable cause determination is presumptively prompt if held within:

48 hours of arrest (Correct answer)
72 hours of arrest
24 hours of arrest
One week of arrest

Correct answer: 48 hours of arrest

McLaughlin holds that a probable cause determination within 48 hours of a warrantless arrest generally satisfies the Fourth Amendment's promptness requirement.

Question 130: A federal court entered final judgment against a plaintiff on a breach of contract claim. The plaintiff then filed a second suit against the same defendant for unpaid invoices arising from the same contract and transaction. The second suit is barred by:

Claim preclusion (res judicata) (Correct answer)
Judicial estoppel
Issue preclusion (collateral estoppel)
The Rooker-Feldman doctrine

Correct answer: Claim preclusion (res judicata)

Claim preclusion bars relitigation of claims arising from the same transaction that were or could have been raised in the first action.

Question 131: A party calls an expert to testify that a bridge design was defective. The expert relied partly on inadmissible engineering reports prepared by others. May the expert give her opinion?

No, because an expert may rely only on admissible evidence
Yes, but only if the reports are first admitted into evidence
No, because the reports are hearsay
Yes, if experts in the field reasonably rely on such reports (Correct answer)

Correct answer: Yes, if experts in the field reasonably rely on such reports

Under Rule 703, an expert may base an opinion on inadmissible facts or data if experts in the field would reasonably rely on them.

Question 132: What privilege protects spousal communications?

Confidential communications between spouses during marriage are privileged and cannot be compelled (Correct answer)
Spousal privilege only applies in divorce proceedings
All conversations between married people are privileged forever
Only written communications between spouses are protected

Correct answer: Confidential communications between spouses during marriage are privileged and cannot be compelled

The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.

Question 133: A contract states, "Payment is due only upon the architect's issuance of a certificate of completion." The builder performs fully, but the architect unreasonably and in bad faith withholds the certificate. Must the owner pay?

Yes, but only half the contract price
Yes, because the condition is excused when its non-occurrence results from bad faith or prevention (Correct answer)
No, because express conditions must be strictly satisfied in all circumstances
No, because only the architect can waive the condition

Correct answer: Yes, because the condition is excused when its non-occurrence results from bad faith or prevention

An express condition is excused where its fulfillment is prevented or withheld in bad faith, allowing recovery despite non-occurrence.

Question 134: Under Ohio law, what is the purpose of a Civ. R. 68 offer of judgment?

To stay the proceedings pending arbitration
To compel the opposing party to settle before trial
To shift litigation costs and fees if the offeree rejects the offer and does not obtain a more favorable verdict (Correct answer)
To admit liability while contesting damages

Correct answer: To shift litigation costs and fees if the offeree rejects the offer and does not obtain a more favorable verdict

Ohio Civ. R. 68 allows a party to serve an offer of judgment; if the offeree rejects it and the final judgment is not more favorable, the offeree must pay the offeror's post-offer costs, creating a settlement incentive.

Question 135: Under the First Amendment's Free Exercise Clause, a neutral and generally applicable law that incidentally burdens religious practice is subject to what level of review?

Strict scrutiny
Rational basis (Correct answer)
Compelling interest balancing
Intermediate scrutiny

Correct answer: Rational basis

Under Employment Division v. Smith, neutral laws of general applicability that incidentally burden religion are subject only to rational basis review; strict scrutiny is reserved for laws that target religion.

Question 136: Which constitutional amendment prohibits the federal government from depriving any person of life, liberty, or property without due process of law?

First Amendment
Fifth Amendment (Correct answer)
Fourteenth Amendment
Tenth Amendment

Correct answer: Fifth Amendment

The Fifth Amendment's Due Process Clause restricts the federal government's ability to deprive individuals of life, liberty, or property without procedural and substantive due process.

Question 137: Under Ohio law, the standard for allocating parental rights and responsibilities between parents is what?

A rebuttable presumption favoring the mother
The best interest of the child (Correct answer)
Equal parenting time unless a parent is unfit
The primary caretaker presumption

Correct answer: The best interest of the child

Ohio Rev. Code 3109.04 requires courts to allocate parental rights and responsibilities according to the best interest of the child, with no gender or automatic-equal-time presumption.

Question 138: A deed is delivered to a grantee but never recorded, and the grantor later sells the same parcel to a bona fide purchaser who records first. Under Ohio's race-notice recording statute, who prevails?

Neither — the parcel is held in constructive trust
The first grantee, because recording is optional in Ohio
The first grantee, because delivery completed the conveyance
The bona fide purchaser, because she took without notice and recorded first (Correct answer)

Correct answer: The bona fide purchaser, because she took without notice and recorded first

Under a race-notice statute, a subsequent purchaser who takes without notice and records first defeats the prior unrecorded deed.

Question 139: A contract states, 'Payment is due only if the goods arrive by June 1,' and the goods arrive June 3 through no one's fault. Under the common law, what result?

The buyer's payment duty never arises because an express condition failed (Correct answer)
The condition is excused for hardship
The buyer must pay because the delay was immaterial
The seller may recover the full price on the contract

Correct answer: The buyer's payment duty never arises because an express condition failed

Express conditions are strictly enforced, so failure of the June 1 arrival condition means the payment duty never becomes due.

Question 140: Under Ohio's speedy trial statute, a person charged with a felony must generally be brought to trial within:

One year of arraignment
90 days of arrest regardless of custody status
270 days of arrest, with each day in jail solely on the pending charge counting as three days (Correct answer)
180 days of indictment with no triple-count provision

Correct answer: 270 days of arrest, with each day in jail solely on the pending charge counting as three days

R.C. 2945.71 requires felony trial within 270 days, and the triple-count provision credits three days for each day held in jail solely on the pending charge.

Question 141: A defendant offered to stipulate to a prior felony conviction to keep its name out of evidence in a felon-in-possession trial, but the prosecution insisted on naming the crime. Under Old Chief v. United States, the court should:

Allow the prosecution to prove its case however it chooses
Admit the conviction's name because it is always relevant
Accept the stipulation because the conviction's name creates unfair prejudice (Correct answer)
Exclude the conviction entirely

Correct answer: Accept the stipulation because the conviction's name creates unfair prejudice

When only felon status matters, refusing a stipulation and naming the prior crime is an abuse of discretion under Rule 403.

Question 142: A company hires a delivery service, telling it nothing about a lucrative milling contract that will be lost if a crankshaft is delivered late. The delivery is late and the mill loses profits. Can the company recover the lost profits from the carrier?

No, because lost profits are never recoverable in contract
Yes, because all losses flowing from breach are recoverable
Yes, because carriers are strictly liable for delay
No, because consequential damages must be foreseeable to the breaching party at the time of contracting (Correct answer)

Correct answer: No, because consequential damages must be foreseeable to the breaching party at the time of contracting

Under Hadley v. Baxendale, consequential damages are recoverable only if they were reasonably foreseeable or communicated at the time the contract was made.

Question 143: A 17-year-old buys a car on credit, drives it for six months, then disaffirms the contract. In most jurisdictions applying the majority rule, what is the result?

The minor may disaffirm and recover payments, returning the car in its current condition (Correct answer)
The minor is bound because a car is a necessity
Disaffirmance is barred after any use of the goods
The minor must pay the full contract price minus depreciation

Correct answer: The minor may disaffirm and recover payments, returning the car in its current condition

Under the majority rule, a minor may disaffirm a contract for non-necessities and need only return the consideration in whatever condition it remains.

Question 144: A declarant, believing she was about to die from a gunshot wound, told a paramedic, 'John shot me.' She survived and is unavailable at John's attempted murder trial. Is her statement admissible as a dying declaration?

No, because dying declarations in criminal cases apply only to homicide prosecutions (Correct answer)
Yes, because she believed death was imminent
Yes, because she is unavailable
No, because she did not actually die

Correct answer: No, because dying declarations in criminal cases apply only to homicide prosecutions

In criminal cases the dying declaration exception under Rule 804(b)(2) applies only in homicide prosecutions, not attempted murder.

Question 145: In a general partnership, each partner's apparent authority to bind the partnership extends to:

Acts for carrying on in the usual way the business of the kind carried on by the partnership (Correct answer)
Contracts whose value does not exceed the partner's capital contribution
Only transactions specifically authorized in the written partnership agreement
Any transaction the partner personally guarantees with their own assets

Correct answer: Acts for carrying on in the usual way the business of the kind carried on by the partnership

Under the UPA, each partner is an agent of the partnership and has apparent authority to bind the partnership for acts carried out in the ordinary course of the partnership's business.

Question 146: A grantor conveys the same parcel twice: first to X, who does not record, then as a gift to Y, who records immediately without knowledge of X. Under Ohio's race-notice statute, who owns the parcel?

X, because Y is a donee and not a purchaser for value protected by the statute (Correct answer)
Y, because gifts are favored in equity
Y, because she recorded first without notice
X and Y as tenants in common

Correct answer: X, because Y is a donee and not a purchaser for value protected by the statute

Recording acts protect only subsequent purchasers for value, so a donee like Y cannot use the statute to defeat the prior unrecorded deed.

Question 147: A contractor deviates slightly from house plans by using an equivalent brand of pipe, discovered only after the walls are sealed. The owner refuses final payment. Under substantial performance doctrine, what is the likely measure of the owner's remedy?

Full cost of tearing out the walls and replacing the pipe
Rescission of the entire contract
Diminution in value rather than cost of replacement, since the breach was minor and replacement would cause economic waste (Correct answer)
Nothing, because substantial performance eliminates all remedies

Correct answer: Diminution in value rather than cost of replacement, since the breach was minor and replacement would cause economic waste

As in Jacob & Youngs v. Kent, where a breach is trivial and replacement would cause economic waste, damages are measured by diminution in value.

Question 148: In Ohio, a defendant charged with a felony is entitled to a preliminary hearing within how many days if held in jail?

10 consecutive days (Correct answer)
30 consecutive days
5 consecutive days
15 consecutive days

Correct answer: 10 consecutive days

Ohio Crim.R. 5(B) requires a preliminary hearing within 10 consecutive days if the defendant is in custody, and within 15 days if released on bail.

Question 149: In Ohio, when must a defendant file an answer after being served with a complaint in a civil action?

14 days
21 days
28 days (Correct answer)
60 days

Correct answer: 28 days

Ohio Civ. R. 12(A)(1) provides that a defendant must serve an answer within 28 days after service of the summons and complaint.

Question 150: Which elements are required to create a valid private express trust in Ohio?

Consideration paid by the beneficiaries
A written document signed by two witnesses
Intent, trust property, ascertainable beneficiaries, and a lawful purpose (Correct answer)
Court approval and a corporate trustee

Correct answer: Intent, trust property, ascertainable beneficiaries, and a lawful purpose

Under the Ohio Trust Code, a valid trust requires a settlor with capacity and intent, definite trust property, ascertainable beneficiaries (with charitable and animal-trust exceptions), and a lawful purpose.

Question 151: A buyer sends a purchase order for 1,000 bolts. The seller's acknowledgment form accepts but adds an arbitration clause. Both parties are merchants and the buyer does not object. Under UCC 2-207, is the arbitration clause part of the contract?

Always, because the buyer failed to object within a reasonable time
Never, because additional terms are always mere proposals
It becomes part of the contract unless it materially alters the deal, the offer limits acceptance to its terms, or the buyer objects (Correct answer)
No contract is formed because the forms do not match

Correct answer: It becomes part of the contract unless it materially alters the deal, the offer limits acceptance to its terms, or the buyer objects

Between merchants, additional terms become part of the contract under UCC 2-207(2) unless they materially alter it, the offer limits acceptance, or objection is made; arbitration clauses often count as material alterations.

Question 152: A state law bans all outdoor advertising of vaping products to protect minors. A vape shop challenges the law under the First Amendment. Which test will the court apply?

The clear and present danger test
Rational basis review because commercial speech is unprotected
The Central Hudson intermediate scrutiny test for commercial speech (Correct answer)
Strict scrutiny because the ban is content-based

Correct answer: The Central Hudson intermediate scrutiny test for commercial speech

Restrictions on truthful commercial speech about lawful products are reviewed under Central Hudson's intermediate scrutiny.

Question 153: How much time is an examinee expected to spend on each MEE essay question?

30 minutes (Correct answer)
45 minutes
20 minutes
60 minutes

Correct answer: 30 minutes

With six essays in a three-hour session, each MEE question is designed to be answered in about 30 minutes.

Question 154: A driver violates an Ohio statute requiring headlights after dusk and collides with a pedestrian. The statutory violation constitutes:

Strict liability for the collision
Negligence per se, though the plaintiff must still prove causation and damages (Correct answer)
Mere evidence of negligence with no legal effect
Conclusive proof of liability for all resulting harm

Correct answer: Negligence per se, though the plaintiff must still prove causation and damages

Violation of a specific safety statute is negligence per se in Ohio, but proximate cause and damages remain the plaintiff's burden.

Question 155: During a 911 call while a break-in was in progress, a caller screamed, 'Someone is smashing my back door right now!' The caller is unavailable at trial. Is the recorded statement admissible?

Yes, as a present sense impression or excited utterance (Correct answer)
No, because the statement is testimonial hearsay
Yes, but only as a business record of the 911 center
No, because 911 recordings require the caller's testimony

Correct answer: Yes, as a present sense impression or excited utterance

A statement describing an event as it occurs, made under the stress of the emergency, qualifies as a present sense impression under Rule 803(1) or an excited utterance under 803(2), and statements to resolve an ongoing emergency are nontestimonial.

Question 156: In Ohio, the Ohio Supreme Court has held that the Ohio Constitution's search and seizure provisions may provide what level of protection compared to the Fourth Amendment?

Less protection than the federal standard
Identical protection only
No independent protection
Greater protection than the federal standard (Correct answer)

Correct answer: Greater protection than the federal standard

The Ohio Supreme Court has recognized that Article I, Section 14 of the Ohio Constitution can afford citizens broader protections against unreasonable searches and seizures than the federal Fourth Amendment.

Question 157: What is the exclusionary rule?

Evidence rules that apply only in federal courts
Evidence obtained in violation of constitutional rights is inadmissible at trial (Correct answer)
Only confessions can be excluded from evidence
All evidence that excludes the defendant is inadmissible

Correct answer: Evidence obtained in violation of constitutional rights is inadmissible at trial

The exclusionary rule prevents the prosecution from using evidence obtained through unconstitutional means, deterring law enforcement from violating constitutional rights.

Question 158: A creditor beneficiary sues the promisor on a contract made between promisor and promisee for the beneficiary's benefit. The promisor asserts the promisee committed fraud in inducing the contract. Can the promisor raise this against the beneficiary?

No, because third-party beneficiaries take free of all defenses
Yes, because the promisor may assert against the beneficiary any defense arising from the contract itself (Correct answer)
No, because fraud may only be raised against the party who committed it
Yes, but only after the beneficiary's rights have vested

Correct answer: Yes, because the promisor may assert against the beneficiary any defense arising from the contract itself

A promisor may assert against a third-party beneficiary any defense it could assert against the promisee arising out of the contract, including fraudulent inducement.

Question 159: A city ordinance requires a permit for parades and gives the police chief unlimited discretion to deny permits. The ordinance is most likely:

Unconstitutional only if applied discriminatorily
Constitutional because parades block traffic
Unconstitutional as a prior restraint lacking definite standards (Correct answer)
Constitutional as a valid time, place, and manner regulation

Correct answer: Unconstitutional as a prior restraint lacking definite standards

Permit schemes for speech must contain narrow, objective, definite standards; unbridled discretion is facially invalid.

Question 160: A builder abandons a project after completing 40% of the work, a material breach. Under the majority common-law rule, may the builder recover anything?

Nothing under any theory
Possibly restitution for the benefit conferred, minus the owner's damages (Correct answer)
A pro rata share of the contract price as of right
The full contract price

Correct answer: Possibly restitution for the benefit conferred, minus the owner's damages

A materially breaching party cannot recover on the contract but may in many jurisdictions recover in restitution for benefits conferred, offset by the owner's damages.

Question 161: An employer terminates an at-will employee who then sues on an alleged oral promise of five years' employment made at hiring. What is the employer's strongest defense?

Lack of mutual assent
The Statute of Frauds, because a five-year employment contract cannot be performed within one year (Correct answer)
The parol evidence rule
Failure of a condition precedent

Correct answer: The Statute of Frauds, because a five-year employment contract cannot be performed within one year

A contract that by its terms cannot be performed within one year of its making falls within the Statute of Frauds and requires a signed writing.

Question 162: The prosecution's DNA analyst is unavailable, so a supervisor who did not perform the testing testifies to the report's results. Over a Confrontation Clause objection, this testimony is:

Proper, because scientific reports are business records exempt from confrontation
Improper, because testimonial forensic reports require the testimony of the analyst who performed or witnessed the testing (Correct answer)
Improper only if the defendant subpoenaed the original analyst
Proper, because the supervisor reviewed the file

Correct answer: Improper, because testimonial forensic reports require the testimony of the analyst who performed or witnessed the testing

Under Bullcoming v. New Mexico, surrogate testimony about a testimonial forensic report violates the Confrontation Clause when the testifying witness did not perform or observe the test.

Question 163: Under the UCC, if a contract for the sale of goods is missing a term regarding price, what is the appropriate remedy?

The contract is void due to lack of consideration
The contract is unenforceable due to vagueness
The price is determined by the buyer's offer
The price is a reasonable price at the time of delivery (Correct answer)

Correct answer: The price is a reasonable price at the time of delivery

Under the Uniform Commercial Code (UCC), a contract for the sale of goods does not fail for indefiniteness merely because the price term is missing. If the parties intended to make a contract, the UCC provides that the price will be a 'reasonable price at the time for delivery.' This allows for flexibility and reflects market conditions when the price was not explicitly agreed upon.

Question 164: Police stop a driver for a broken taillight and, while writing the citation, a drug dog alerts on the car after officers extended the stop 20 minutes solely to wait for the dog. Under Rodriguez v. United States, the evidence found is:

Admissible, because the initial stop was lawful
Inadmissible only if the delay exceeded 30 minutes
Admissible, because dog sniffs are not searches under the Fourth Amendment
Inadmissible, because prolonging a traffic stop beyond its mission to conduct a dog sniff requires independent reasonable suspicion (Correct answer)

Correct answer: Inadmissible, because prolonging a traffic stop beyond its mission to conduct a dog sniff requires independent reasonable suspicion

Rodriguez holds that police may not extend a traffic stop beyond the time needed to complete its mission absent independent reasonable suspicion, even for a brief dog sniff.

Question 165: Under the Ohio Rules of Civil Procedure, what is the standard for a motion to dismiss under Civ. R. 12(B)(6)?

The claim fails to state a claim upon which relief can be granted, applying a plausibility standard (Correct answer)
The plaintiff lacks standing to bring the claim
The defendant has a complete defense on the merits
The plaintiff cannot prove any set of facts in support of the claim

Correct answer: The claim fails to state a claim upon which relief can be granted, applying a plausibility standard

An Ohio Civ. R. 12(B)(6) motion tests whether the complaint states a claim for which relief can be granted; Ohio courts dismiss when the complaint fails to allege sufficient facts to support a plausible entitlement to relief.

Question 166: Ohio Civ. R. 53 authorizes courts to appoint a magistrate to perform which of the following functions?

Certify questions of law to the Ohio Supreme Court
Conduct hearings, make factual and legal findings, and issue decisions subject to objection and judicial review (Correct answer)
Issue final judgments without judicial approval
Represent unrepresented parties in civil proceedings

Correct answer: Conduct hearings, make factual and legal findings, and issue decisions subject to objection and judicial review

Under Civ. R. 53, a magistrate can conduct hearings and issue decisions, but those decisions are subject to objections and must be adopted, modified, or rejected by the judge to become final.

Question 167: During settlement negotiations in a contract dispute, the defendant said, 'I know I owe you something, but I'll pay only half.' At trial, the plaintiff offers this statement to prove liability. Is it admissible?

No, because statements made during compromise negotiations are inadmissible to prove liability (Correct answer)
Yes, because it is an admission of a party-opponent
Yes, because only the offer amount is excluded, not accompanying statements
No, because it is hearsay without an exception

Correct answer: No, because statements made during compromise negotiations are inadmissible to prove liability

Rule 408 excludes both compromise offers and statements made during compromise negotiations when offered to prove the validity or amount of a disputed claim.

Question 168: Under Ohio Revised Code Chapter 119, which body reviews proposed agency rules to ensure they do not exceed the agency's statutory authority?

The Ohio Supreme Court Rules Commission
The Ohio Attorney General's Rule Division
The Governor's Office of Regulatory Affairs
The Joint Committee on Agency Rule Review (JCARR) (Correct answer)

Correct answer: The Joint Committee on Agency Rule Review (JCARR)

JCARR, a joint legislative committee, reviews proposed rules and may recommend invalidation of rules that exceed statutory authority.

Question 169: A plaintiff sues an Ohio manufacturer under the Ohio Products Liability Act for a design defect. Which test does Ohio primarily apply?

The consumer-expectation test exclusively
Whether any safer product exists anywhere in the market
Whether foreseeable risks exceeded the benefits of the design (Correct answer)
Ordinary negligence balancing under Hand's formula

Correct answer: Whether foreseeable risks exceeded the benefits of the design

The Ohio Products Liability Act evaluates design defects mainly under a risk-benefit analysis of foreseeable risks versus design benefits.

Question 170: Under Ohio Civ. R. 56, summary judgment shall be granted when:

The trial court finds the claim is unlikely to succeed
There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
The non-moving party fails to appear at the hearing
The moving party presents a preponderance of the evidence in its favor

Correct answer: There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law

Ohio Civ. R. 56(C) directs courts to grant summary judgment when the evidence shows no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Question 171: A joint tenant secretly conveys her interest to a third party. What is the effect on the joint tenancy in a lien-theory state like Ohio?

The conveyance is void without the co-tenant's consent
The right of survivorship follows the transferred share
The entire joint tenancy converts to a tenancy by the entirety
The conveyance severs the joint tenancy as to that share, creating a tenancy in common with the buyer (Correct answer)

Correct answer: The conveyance severs the joint tenancy as to that share, creating a tenancy in common with the buyer

An inter vivos conveyance by one joint tenant severs the joint tenancy as to that interest, leaving the grantee as a tenant in common.

Question 172: You need to draft a motion to compel discovery. What should you include to make the motion effective?

An outline of the opposing party’s history of non-compliance with discovery requests.
A summary of the case law on discovery in general.
A clear explanation of the documents or information sought and the reasons why they are relevant. (Correct answer)
A general statement requesting "any information" related to the case.

Correct answer: A clear explanation of the documents or information sought and the reasons why they are relevant.

An effective motion to compel discovery must clearly identify the specific documents or information that the opposing party has failed to produce. Crucially, it must also articulate the relevance of this information to the claims or defenses in the case, demonstrating why it is necessary for trial preparation. This specificity allows the court to understand the basis for the request and rule appropriately.

Question 173: What is consideration in contract formation?

A bargained-for exchange of legal value between the parties (Correct answer)
The amount of money involved in the deal
The physical contract document
A required waiting period before signing

Correct answer: A bargained-for exchange of legal value between the parties

Consideration is the legal concept requiring each party to give something of value — a promise, performance, or forbearance — in exchange for the other's promise or performance.

Question 174: What is the Rule Against Perpetuities?

A rule requiring that future interests must vest within a life in being plus 21 years (Correct answer)
A rule that limits lease terms to 99 years
A rule preventing property from being sold more than once
A rule against multiple mortgages on one property

Correct answer: A rule requiring that future interests must vest within a life in being plus 21 years

The Rule Against Perpetuities invalidates future interests that might not vest within 21 years after the death of a measuring life in being at the creation of the interest.

Question 175: Under Ohio law, an LLC may be managed by:

A board of directors analogous to a corporation's governance structure
Only licensed professionals when providing professional services
Either its members (member-managed) or by designated managers (manager-managed), as specified in the operating agreement (Correct answer)
Only its members, since outside managers are prohibited by statute

Correct answer: Either its members (member-managed) or by designated managers (manager-managed), as specified in the operating agreement

Ohio LLCs may be member-managed (the default) or manager-managed, as specified in the operating agreement, providing significant governance flexibility.

Question 176: A probationer's home is searched by his probation officer without a warrant based on reasonable grounds under a state regulation. Under Griffin v. Wisconsin, the search is:

Valid only if the probationer consented in his probation agreement
Valid, because supervision of probationers is a special need permitting warrantless searches on reasonable grounds (Correct answer)
Invalid unless police obtained an administrative warrant
Invalid, because probationers retain full Fourth Amendment warrant protection

Correct answer: Valid, because supervision of probationers is a special need permitting warrantless searches on reasonable grounds

Griffin upholds warrantless probation searches under the special-needs doctrine when conducted pursuant to a regulation requiring reasonable grounds.

Question 177: After a mistrial is declared over defense objection because the prosecutor's key witness failed to appear, retrial is permissible only if:

The prosecutor certifies the witness is now available
The court imposes sanctions on the prosecution first
The mistrial was supported by manifest necessity (Correct answer)
The defendant consents to retrial in writing

Correct answer: The mistrial was supported by manifest necessity

When a mistrial is granted without the defendant's consent, double jeopardy bars retrial unless the mistrial was justified by manifest necessity.

Question 178: In Ohio, before accepting a guilty plea to a felony, the trial court must personally address the defendant under Crim.R. 11 and determine all of the following EXCEPT:

That the defendant understands the effect of the plea and that the court may proceed to judgment and sentence
That the defendant is factually guilty based on evidence presented at a mini-trial (Correct answer)
That the defendant understands he is waiving the rights to jury trial, confrontation, and compulsory process
That the plea is voluntary and the defendant understands the nature of the charges and maximum penalty

Correct answer: That the defendant is factually guilty based on evidence presented at a mini-trial

Crim.R. 11(C) requires a personal colloquy on voluntariness, penalties, and waived rights, but does not require the court to hold an evidentiary mini-trial establishing factual guilt.

Question 179: A tenant with a one-year lease remains in the apartment after the term ends, and the landlord accepts the next month's rent check. What tenancy is most likely created?

A new one-year term of years
A periodic tenancy (Correct answer)
A tenancy at will
A tenancy at sufferance

Correct answer: A periodic tenancy

Acceptance of rent from a holdover tenant generally converts the tenancy at sufferance into a periodic tenancy measured by the rent payment interval.

Question 180: What is assumption of risk as a defense to negligence?

Insurance companies assume all risk in negligence claims
The defendant assumed the risk of being sued
The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery (Correct answer)
The court assumes risk allocation between parties

Correct answer: The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery

Assumption of risk applies when the plaintiff was aware of a specific danger and voluntarily chose to encounter it, which may reduce or eliminate the defendant's liability.

Question 181: A party misses the deadline to file a notice of appeal from a Chapter 119 adjudication order. The common pleas court should:

Transfer the case to the court of appeals
Dismiss the appeal for lack of jurisdiction (Correct answer)
Hear the appeal but limit remedies
Remand to the agency for a new hearing

Correct answer: Dismiss the appeal for lack of jurisdiction

Timely filing of the notice of appeal under R.C. 119.12 is jurisdictional, so an untimely appeal must be dismissed.

Question 182: Formal action taken by an Ohio public body in violation of the Open Meetings Act is:

Voidable only by the Governor
Valid but subject to a fine
Invalid (Correct answer)
Valid if later ratified in private

Correct answer: Invalid

R.C. 121.22(H) provides that a resolution, rule, or formal action adopted in violation of the Act is invalid.

Question 183: Which Ohio court has original jurisdiction over civil actions where the amount in controversy exceeds $15,000?

Ohio Court of Common Pleas (Correct answer)
Ohio Court of Appeals
Ohio County Court
Ohio Municipal Court

Correct answer: Ohio Court of Common Pleas

Ohio Courts of Common Pleas have original jurisdiction over civil actions in which the amount in controversy exceeds $15,000, while municipal courts handle smaller civil claims.

Question 184: A buyer accepts delivery of machinery and later discovers a latent defect substantially impairing its value that was difficult to detect. Under the UCC, may the buyer revoke acceptance?

No, because revocation requires a written court order
No, because acceptance is always final
Yes, but only if the seller consents
Yes, if revocation occurs within a reasonable time after discovery and before any substantial change in the goods (Correct answer)

Correct answer: Yes, if revocation occurs within a reasonable time after discovery and before any substantial change in the goods

UCC 2-608 permits revocation of acceptance for defects that substantially impair value when acceptance was induced by difficulty of discovery, if done within a reasonable time.

Question 185: In Ohio, the doctrine of collateral estoppel (issue preclusion) prevents relitigation of an issue when:

The prior judgment was entered by consent of the parties
The new claim arises from the same facts as the prior action
The same parties are involved in a new lawsuit
The issue was actually litigated, necessarily decided, and the party against whom it is asserted had a full and fair opportunity to litigate it (Correct answer)

Correct answer: The issue was actually litigated, necessarily decided, and the party against whom it is asserted had a full and fair opportunity to litigate it

Ohio issue preclusion requires that the issue was actually litigated and necessarily determined in the prior proceeding and that the party against whom preclusion is sought had a full and fair opportunity to contest it.

Question 186: An Ohio agency wishes to adopt an emergency rule effective immediately. Which is true?

Only JCARR may adopt emergency rules
Emergency rules remain effective indefinitely
Emergency rules need no filing with any authority
The Governor's approval is required and the emergency rule generally expires after a limited period (120 days) unless regularly adopted (Correct answer)

Correct answer: The Governor's approval is required and the emergency rule generally expires after a limited period (120 days) unless regularly adopted

Under R.C. 119.03(G), emergency rules require the Governor's signed statement of emergency and lapse after 120 days unless adopted through normal procedures.

Question 187: When are Miranda warnings required?

Upon any contact with police
Only after formal arrest
Only for felony suspects
During custodial interrogation by law enforcement (Correct answer)

Correct answer: During custodial interrogation by law enforcement

Miranda warnings are required when a person is in custody and subject to interrogation. Both elements must be present to trigger the requirement.

Question 188: In Ohio, the doctrine of forum non conveniens permits a court to dismiss or transfer a case when:

The statute of limitations has nearly expired
The defendant lives in a different county than the plaintiff
An alternative forum exists that would be substantially more convenient for the parties and witnesses and better serve the ends of justice (Correct answer)
The plaintiff filed in a court without subject matter jurisdiction

Correct answer: An alternative forum exists that would be substantially more convenient for the parties and witnesses and better serve the ends of justice

Forum non conveniens allows an Ohio court to dismiss a case in favor of a more appropriate forum when the balance of private interests (witnesses, evidence) and public interests (court congestion, local interest) strongly favors the alternative forum.

Question 189: Ohio's long-arm statute allows an Ohio court to exercise personal jurisdiction over a non-resident defendant who has:

Registered an agent for service of process in any U.S. state
Signed a contract outside Ohio that references Ohio law
Any contact whatsoever with the state of Ohio
Transacted business in Ohio or caused tortious injury in Ohio (Correct answer)

Correct answer: Transacted business in Ohio or caused tortious injury in Ohio

Ohio Revised Code § 2307.382 authorizes personal jurisdiction over out-of-state defendants who, among other acts, transact business in Ohio, cause tortious injury in Ohio, or own property in Ohio.

Question 190: In Ohio, a surviving spouse who is dissatisfied with the will may elect to take against it. Which statement best describes the elective share when the decedent left two or more children?

One-half of the net estate
One-third of the net estate (Correct answer)
The entire net estate
A fixed dollar amount of $60,000

Correct answer: One-third of the net estate

Under R.C. 2106.01, the electing spouse takes the intestate share not to exceed one-half of the net estate, reduced to one-third when the decedent left two or more surviving children or their lineal descendants.

Question 191: A witness testifies for the plaintiff. On cross-examination, defense counsel asks about the witness's prior conviction for felony tax fraud entered four years ago. Plaintiff objects. How should the court rule?

Admit it, because a crime involving dishonesty must be admitted to impeach any witness (Correct answer)
Admit it only if the witness denies the conviction
Exclude it, because tax fraud is not a crime of violence
Exclude it, because civil witnesses cannot be impeached with convictions

Correct answer: Admit it, because a crime involving dishonesty must be admitted to impeach any witness

Under Rule 609(a)(2), convictions involving dishonesty or false statement are automatically admissible to impeach, with no balancing test.

Question 192: A debtor honestly disputes the amount owed to a creditor and sends a check for less than the claimed amount marked "payment in full," which the creditor cashes. What is the effect?

The creditor may still sue for the balance because partial payment is not consideration
An accord and satisfaction discharges the disputed debt (Correct answer)
A novation substitutes a new obligation
The check is void as against public policy

Correct answer: An accord and satisfaction discharges the disputed debt

Cashing a full-payment check tendered in good faith on a genuinely disputed claim creates an accord and satisfaction discharging the balance.

Question 193: For 25 years, a landowner's neighbors used a visible dirt path across his field without permission to reach a lake. In Ohio, what interest have the neighbors most likely acquired?

An easement by necessity
A prescriptive easement (Correct answer)
Title by adverse possession
An irrevocable license

Correct answer: A prescriptive easement

Open, notorious, continuous, and adverse use of another's land for Ohio's 21-year period creates a prescriptive easement, not possession of the land itself.

Question 194: O conveys Blackacre "to A for life, then to B and her heirs if B survives A." What interest does B hold during A's lifetime?

A contingent remainder (Correct answer)
A reversion
An executory interest
A vested remainder subject to divestment

Correct answer: A contingent remainder

B's remainder is contingent because it is subject to the condition precedent that B survive A.

Question 195: In an Ohio criminal case, the defense demands discovery under Crim.R. 16. Which of the following is the prosecutor generally NOT required to disclose?

Results of physical or mental examinations and scientific tests
Evidence favorable to the defendant and material to guilt or punishment
The prosecutor's internal legal memoranda and work product analyzing trial strategy (Correct answer)
Written or recorded statements of the defendant

Correct answer: The prosecutor's internal legal memoranda and work product analyzing trial strategy

Crim.R. 16 mandates disclosure of defendant statements, exculpatory material, and test results, but protects the prosecutor's work product from discovery.

Question 196: What constitutes a fixture in real property law?

Government-installed improvements only
Personal property that has become permanently attached to real property (Correct answer)
Any item found on the property
Only structural elements like walls and roofs

Correct answer: Personal property that has become permanently attached to real property

A fixture is personal property that has been attached to real property in a manner suggesting permanence, becoming part of the realty and transferring with the property.

Question 197: Which clause of the Fourteenth Amendment prohibits states from denying any person equal protection of the laws?

Commerce Clause
Privileges or Immunities Clause
Equal Protection Clause (Correct answer)
Due Process Clause

Correct answer: Equal Protection Clause

The Equal Protection Clause of the Fourteenth Amendment forbids states from denying any person within their jurisdiction the equal protection of the laws.

Question 198: An Ohio decedent's will cannot be found at death, though it was last known to be in the testator's possession. What presumption applies?

The testator is presumed to have revoked the will by destroying it (Correct answer)
The will is presumed stolen by the residuary beneficiary
The will is presumed lost and is probated from memory automatically
No presumption applies; the estate must pass by intestacy

Correct answer: The testator is presumed to have revoked the will by destroying it

When a will last traced to the testator's possession cannot be found at death, a rebuttable presumption arises that the testator destroyed it with intent to revoke.

Question 199: Under Ohio's equitable division statute, marital property is presumptively divided how?

Strictly in proportion to each spouse's earnings
According to whichever spouse holds legal title
Entirely at the trial court's unguided discretion
Equally, unless an equal division would be inequitable (Correct answer)

Correct answer: Equally, unless an equal division would be inequitable

Ohio Rev. Code 3105.171 starts with a presumption of equal division of marital property, departing to an equitable division only when equal would be inequitable.

Question 200: Under Ohio Civ. R. 55, a default judgment may be entered against a party who fails to plead or otherwise defend, but courts must first consider:

Whether the plaintiff's attorney fees are reasonable
Whether the case involves a jury demand
Whether the defendant has a meritorious defense if seeking to set aside a default (Correct answer)
Whether the case has been pending more than 180 days

Correct answer: Whether the defendant has a meritorious defense if seeking to set aside a default

While default can be entered for failure to respond, Ohio courts analyzing a motion to set aside a default judgment consider whether the defendant has a meritorious defense, the reason for default, and potential prejudice to the plaintiff.

Question 201: To contest a will in Ohio probate court, a contestant must generally file the will contest within what period after the certificate of notice of probate is filed?

Three months (Correct answer)
One year
Six months
Thirty days

Correct answer: Three months

R.C. 2107.76 requires a will contest to be filed within three months after the filing of the certificate evidencing notice of probate of the will.

Question 202: A client asks her lawyer whether she can shred old business records. The records are not currently sought in any proceeding, and no litigation is pending or anticipated. The lawyer advises that shredding is lawful. Has the lawyer acted properly?

No, because advising document destruction always obstructs justice
No, because business records must be retained for seven years
Yes, but only if the lawyer supervises the shredding personally
Yes, because a lawyer may advise on the lawful destruction of documents when no proceeding is pending or reasonably foreseeable (Correct answer)

Correct answer: Yes, because a lawyer may advise on the lawful destruction of documents when no proceeding is pending or reasonably foreseeable

Advising lawful destruction of documents is proper when no litigation or investigation is pending or reasonably anticipated, since Rule 3.4(a) applies to material with potential evidentiary value.

Ohio Bar Exam (Uniform Bar Examination)

The Ohio Bar Exam uses the Uniform Bar Examination (UBE), a standardized test that includes the Multistate Bar Examination (MBE) with 200 multiple-choice questions spanning seven core legal subjects. Ohio requires a minimum UBE score of 266 out of 400 for admission to the bar.

200

Questions

360 min

Time Limit

67%

To Pass

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