OH Bar Multistate Bar 2

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?

Accepted Answer

Acceptance of the offer and simultaneous breach of contract

Answer

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:

Accepted Answer

Identity through modus operandi

Answer

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?

Accepted Answer

The Central Hudson intermediate scrutiny test for commercial speech

Answer

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?

Accepted Answer

A contingent remainder

Answer

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?

Accepted Answer

$60,000

Answer

Under pure comparative negligence, recovery is reduced by the plaintiff's percentage of fault, so $100,000 minus 40% equals $60,000.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Multistate Bar 2