OH Bar Multistate Bar 3 — Questions and Answers
Question 1: A contractor agreed to build a garage for $50,000. Halfway through, the contractor demanded an extra $10,000 or he would quit, and the homeowner agreed. Under the common law, is the homeowner's promise to pay the extra $10,000 enforceable?
- No, because the contractor had a pre-existing duty to complete the work (Correct answer)
- Yes, because the parties modified the contract in good faith
- Yes, because contract modifications never require consideration
- No, unless the modification was in writing
Correct answer: No, because the contractor had a pre-existing duty to complete the work
At common law, a promise to pay more for a duty already owed lacks consideration under the pre-existing duty rule.
Question 2: At a murder trial, a witness testifies that the victim, while dying from gunshot wounds and aware of impending death, said 'Jones shot me.' Jones objects on hearsay grounds. The statement is:
- Admissible as a dying declaration (Correct answer)
- Inadmissible because the declarant is unavailable
- Admissible only as an excited utterance
- Inadmissible unless the victim actually died believing it
Correct answer: Admissible as a dying declaration
A statement about the cause of death made while believing death was imminent is admissible in homicide cases as a dying declaration.
Question 3: 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 violates the anti-commandeering doctrine of the Tenth Amendment (Correct answer)
- It exceeds the Commerce Clause power
- It violates the Second Amendment
- It violates the Guarantee Clause
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 4: A tenant with two years left on a lease transferred 'all my remaining interest' in the lease to a friend. The transfer is best characterized as:
- An assignment, making the friend liable to the landlord on privity of estate (Correct answer)
- A sublease, leaving the friend with no landlord liability
- A novation releasing the original tenant
- A license revocable at will
Correct answer: An assignment, making the friend liable to the landlord on privity of estate
Transferring the entire remaining leasehold interest is an assignment, creating privity of estate between the assignee and landlord.
Question 5: A store customer slipped on a puddle that had been on the floor for three hours. To hold the store liable for negligence, the customer must show the store:
- Had actual or constructive notice of the hazard and failed to fix it (Correct answer)
- Guaranteed the safety of all invitees
- Created hazards intentionally
- Was strictly liable for all floor conditions
Correct answer: Had actual or constructive notice of the hazard and failed to fix it
A land possessor owes invitees reasonable care, requiring actual or constructive knowledge of the dangerous condition.
Question 6: 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 21 days of service, by June 22 (Correct answer)
- Within 30 days of service
- Within 14 days of service
- 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 7: Police arrested a suspect and, without giving Miranda warnings, asked where the weapon was because it posed an immediate danger in a crowded store. The suspect's answer is:
- Admissible under the public safety exception (Correct answer)
- Inadmissible because no warnings were given
- Admissible only if the suspect waived counsel
- Inadmissible as fruit of the poisonous tree
Correct answer: Admissible under the public safety exception
Under New York v. Quarles, un-Mirandized statements are admissible when questioning addresses an immediate public safety threat.
OH Bar Multistate Bar 3
A contractor agreed to build a garage for $50,000.
Halfway through, the contractor demanded an extra $10,000 or he would quit, and the homeowner agreed.
Under the common law, is the homeowner's promise to pay the extra $10,000 enforceable?