Multistate Bar Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Multistate Bar flashcards as text
A seller of a home knows the basement floods every spring but says nothing to the buyer, who does not ask. After purchase, the basement floods. In most jurisdictions today, can the buyer recover for fraudulent nondisclosure?
Answer: Yes, because sellers must disclose known latent material defects not discoverable by reasonable inspection
Most jurisdictions require home sellers to disclose known, latent, material defects that a buyer could not reasonably discover.
During a custodial interrogation, a suspect says, 'Maybe I should talk to a lawyer.' The police continue questioning and obtain a confession. Is the confession admissible?
Answer: Yes, because the suspect's ambiguous statement did not clearly invoke the right to counsel
Under Davis v. United States, police must stop questioning only upon an unambiguous request for counsel, and an equivocal statement does not qualify.
A patient dies during surgery. In a malpractice suit, the plaintiff offers evidence that the hospital later changed its surgical checklist procedures. Is the evidence of the procedural change admissible to prove negligence?
Answer: No, because subsequent remedial measures are inadmissible to prove negligence
FRE 407 excludes subsequent remedial measures when offered to prove negligence or culpable conduct.
An uncle promises his nephew $5,000 if the nephew refrains from smoking and drinking until age 21. The nephew complies fully. When the uncle refuses to pay, what is the nephew's best theory of recovery?
Answer: Breach of contract, because forbearance from a legal right is valid consideration
As in Hamer v. Sidway, giving up a legal right at the promisor's request constitutes consideration supporting an enforceable contract.
A city ordinance bans all door-to-door solicitation without prior written permission from each homeowner. A religious group challenges the ordinance. What is the most likely result?
Answer: The ordinance is invalid as an overly broad restriction on protected speech and religious expression
Blanket permission requirements for door-to-door advocacy, as in Watchtower v. Stratton, sweep too broadly and violate the First Amendment.
A dog owner keeps a breed with no history of aggression. Without warning, the dog bites a visitor. Under the common law rule for domestic animals, is the owner strictly liable?
Answer: No, because the owner had no knowledge of the dog's dangerous propensities
At common law, strict liability for a domestic animal requires the owner's knowledge of that animal's vicious propensities.
A defendant is convicted in state court and exhausts state appeals. He then seeks federal habeas corpus relief, claiming the evidence was insufficient. What standard governs the federal court's review of the state court's merits decision?
Answer: Whether the state decision was contrary to or an unreasonable application of clearly established federal law
Under AEDPA, federal habeas relief requires that the state adjudication be contrary to or an unreasonable application of clearly established Supreme Court law.