FREE CO Bar Multistate Bar Questions and Answers

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In a negligence case, which of the following must a plaintiff prove to establish a claim?

Correct! Wrong!

To establish a negligence claim, the plaintiff must prove that the defendant’s conduct was the actual and proximate cause of the plaintiff’s injury.

Which of the following is an example of hearsay that is admissible under an exception to the hearsay rule?

Correct! Wrong!

Under the hearsay rule, a statement made by a party in their own case (prior statements) is not considered hearsay and is admissible.

In a contract for the sale of goods, which of the following statements is true regarding the UCC (Uniform Commercial Code) rule for acceptance?

Correct! Wrong!

Under the UCC, an acceptance can include additional or different terms from the offer, provided these terms do not materially alter the agreement.

Which of the following is a valid exercise of Congress’s commerce power under the Constitution?

Correct! Wrong!

Under the Commerce Clause, Congress has the power to regulate activities that substantially affect interstate commerce. In C, enforcing minimum wage laws for employees in an industry with substantial interstate commerce falls within this power, as it impacts economic activity that crosses state lines.

Under the common law, which of the following is NOT considered a defense to a charge of murder?

Correct! Wrong!

Voluntary intoxication is not a defense to a charge of murder under common law. It may negate specific intent for certain crimes but does not absolve one from criminal liability for murder.

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