OK Bar Multistate Bar 2 — Questions and Answers
Question 1: A landowner orally agrees to sell her farm to a buyer, who pays half the price, moves onto the land, and builds a barn. When the landowner refuses to convey, the buyer sues for specific performance. What is the buyer's best argument to overcome the Statute of Frauds?
- The part performance doctrine takes the contract out of the Statute of Frauds (Correct answer)
- Oral land contracts are always enforceable if consideration is paid
- The Statute of Frauds does not apply to farms
- Promissory estoppel automatically validates any oral contract
Correct answer: The part performance doctrine takes the contract out of the Statute of Frauds
Payment plus possession plus improvements constitutes part performance, allowing equitable enforcement of an oral land-sale contract.
Question 2: A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier to show his propensity to commit burglaries. Is this evidence admissible?
- No, because prior crimes are inadmissible to prove propensity to commit the charged crime (Correct answer)
- Yes, because prior convictions are always admissible against criminal defendants
- Yes, because burglary is a crime of dishonesty
- No, because character evidence is never admissible in criminal cases
Correct answer: No, because prior crimes are inadmissible to prove propensity to commit the charged crime
Under FRE 404(b), prior bad acts cannot be used to show propensity, though they may be admissible for non-propensity purposes like motive or identity.
Question 3: A state statute prohibits all outdoor advertising signs within 500 feet of highways but exempts signs advertising products sold on the premises. A billboard company challenges the law under the First Amendment. What standard applies to this restriction on commercial speech?
- Intermediate scrutiny under the Central Hudson test (Correct answer)
- Strict scrutiny because speech is a fundamental right
- Rational basis review because commercial speech is unprotected
- The law is per se unconstitutional as a prior restraint
Correct answer: Intermediate scrutiny under the Central Hudson test
Restrictions on truthful, non-misleading commercial speech are reviewed under the Central Hudson intermediate scrutiny framework.
Question 4: A pedestrian is struck by a driver who ran a red light. The pedestrian had been jaywalking at the time. In a pure comparative negligence jurisdiction, the jury finds the pedestrian 60% at fault and damages of $100,000. How much does the pedestrian recover?
- $40,000 (Correct answer)
- Nothing, because the pedestrian was more than 50% at fault
- $100,000
- $60,000
Correct answer: $40,000
In pure comparative negligence, a plaintiff recovers damages reduced by their own percentage of fault, regardless of how high that percentage is.
Question 5: A testator's will leaves "all my property to my children equally." At the testator's death, one child has predeceased him, leaving two grandchildren. Under a typical anti-lapse statute, who takes the deceased child's share?
- The two grandchildren, as substitute takers for their deceased parent (Correct answer)
- The surviving children split it, because the gift lapsed
- The state, by escheat
- The deceased child's estate creditors
Correct answer: The two grandchildren, as substitute takers for their deceased parent
Anti-lapse statutes substitute the issue of a predeceased beneficiary who was within the protected class of relatives.
Question 6: A plaintiff sues a defendant in federal court based on diversity jurisdiction. The defendant moves to dismiss for improper venue. Venue in a diversity case is proper in which of the following districts?
- A district where any defendant resides, if all defendants reside in the same state (Correct answer)
- Only the district where the plaintiff resides
- Any district in the United States chosen by the plaintiff
- Only the district where the contract was signed
Correct answer: A district where any defendant resides, if all defendants reside in the same state
Under 28 U.S.C. § 1391, venue is proper where any defendant resides if all defendants reside in the same state, or where a substantial part of events occurred.
Question 7: A man points an unloaded gun at a victim, who reasonably believes it is loaded and fears being shot. The man is charged with assault. Is he guilty?
- Yes, because he intentionally placed the victim in reasonable apprehension of imminent harm (Correct answer)
- No, because the gun was unloaded and could not cause harm
- No, because assault requires physical contact
- Yes, but only if the victim was physically injured
Correct answer: Yes, because he intentionally placed the victim in reasonable apprehension of imminent harm
Assault requires only intentional creation of reasonable apprehension of imminent bodily harm, not actual ability to inflict it.
OK Bar Multistate Bar 2
A landowner orally agrees to sell her farm to a buyer, who pays half the price, moves onto the land, and builds a barn.
When the landowner refuses to convey, the buyer sues for specific performance.
What is the buyer's best argument to overcome the Statute of Frauds?