OK Bar Multistate Bar 3

Question 1

A police officer stops a car for speeding and smells marijuana coming from the passenger compartment. The officer searches the trunk and finds cocaine. Was the trunk search valid?

Accepted Answer

Yes, under the automobile exception, because there was probable cause to search the vehicle

Answer

Under the automobile exception, probable cause allows a warrantless search of any part of the vehicle where the contraband could be found, including the trunk.

Question 2

An owner conveys land "to A for life, then to B if B survives A." What interest does B have during A's lifetime?

Accepted Answer

A contingent remainder

Answer

B's remainder is contingent because it is subject to the condition precedent of surviving A.

Question 3

At trial, a witness testifies that she saw the defendant's car speeding. On cross-examination, defense counsel asks about her prior statement to police that the car was 'moving slowly.' The prior statement was not made under oath. For what purpose is it admissible?

Accepted Answer

Impeachment only, as a prior inconsistent statement not made under oath

Answer

A prior inconsistent statement not made under oath at a proceeding is admissible only to impeach, not as substantive evidence under FRE 801(d)(1)(A).

Question 4

A homeowner hires a contractor to build a deck for $10,000. After the contractor completes 80% of the work, the homeowner repudiates without cause. The contractor's cost to complete would have been $1,000. What can the contractor recover in expectation damages?

Accepted Answer

$10,000 minus $1,000 saved, or $9,000, less any progress payments received

Answer

Expectation damages put the contractor where full performance would have, meaning the contract price less costs avoided by the breach.

Question 5

Congress passes a law requiring state legislatures to enact specific gun-registration statutes. A state challenges the law. What is the strongest constitutional objection?

Accepted Answer

The anti-commandeering doctrine bars Congress from compelling states to legislate

Answer

Under New York v. United States and Printz, the Tenth Amendment forbids Congress from commandeering state legislatures or officers.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Multistate Bar 3