OH Bar Multistate Bar 2 — Questions and Answers
Question 1: A buyer sent a purchase order offering to buy 500 widgets at $10 each. The seller shipped 500 widgets that were nonconforming, without any explanation. Under UCC Article 2, what is the legal effect of the shipment?
- Acceptance of the offer and simultaneous breach of contract (Correct answer)
- A counteroffer that the buyer may accept or reject
- An accommodation that discharges the seller
- No contract, because the goods were nonconforming
Correct answer: Acceptance of the offer and simultaneous breach of contract
Shipment of nonconforming goods without a seasonable notice of accommodation is both an acceptance and a breach under UCC 2-206.
Question 2: A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier using an identical, highly distinctive method of entry. The evidence is most likely admissible to show:
- Identity through modus operandi (Correct answer)
- The defendant's propensity to commit burglaries
- The defendant's bad character
- Habit under Rule 406
Correct answer: Identity through modus operandi
Prior crimes with a highly distinctive method are admissible under Rule 404(b) to prove identity, not propensity.
Question 3: 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 Central Hudson intermediate scrutiny test for commercial speech (Correct answer)
- Strict scrutiny because the ban is content-based
- Rational basis review because commercial speech is unprotected
- The clear and present danger test
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 4: A landowner conveyed property 'to my daughter for life, then to my grandson if he graduates from law school.' The grandson is currently in college. What interest does the grandson have?
- A contingent remainder (Correct answer)
- A vested remainder subject to divestment
- An executory interest
- A springing use
Correct answer: A contingent remainder
A remainder given to an ascertained person but subject to an unmet condition precedent is a contingent remainder.
Question 5: A pedestrian sued a driver for negligence in federal court. The jury found the pedestrian 40% at fault and the driver 60% at fault, with damages of $100,000. In a pure comparative negligence jurisdiction, how much does the pedestrian recover?
- $60,000 (Correct answer)
- $100,000
- $40,000
- Nothing, because the pedestrian was contributorily negligent
Correct answer: $60,000
Under pure comparative negligence, recovery is reduced by the plaintiff's percentage of fault, so $100,000 minus 40% equals $60,000.
Question 6: A plaintiff from Ohio sues a defendant from Kentucky in federal court for $80,000 based on state-law negligence. The defendant moves to dismiss for lack of subject matter jurisdiction. How should the court rule?
- Deny the motion, because diversity jurisdiction requirements are met (Correct answer)
- Grant the motion, because negligence is a state-law claim
- Grant the motion, because the amount must exceed $100,000
- Deny the motion only if the defendant consents to jurisdiction
Correct answer: Deny the motion, because diversity jurisdiction requirements are met
Complete diversity exists and the claim exceeds $75,000, satisfying 28 U.S.C. § 1332.
Question 7: 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)
- Battery
- Attempted murder
- No crime, because the gun was unloaded
Correct answer: Assault
Intentionally placing another in reasonable apprehension of imminent harmful contact constitutes criminal assault even with an unloaded gun.
OH Bar Multistate Bar 2
A buyer sent a purchase order offering to buy 500 widgets at $10 each.
The seller shipped 500 widgets that were nonconforming, without any explanation.
Under UCC Article 2, what is the legal effect of the shipment?