SC Bar Multistate Bar 3

Question 1

A buyer and seller signed a written contract for 500 widgets at $10 each. Before delivery, they orally agreed to reduce the quantity to 400. The seller delivered 400 widgets, and the buyer refused them, demanding 500. Under the UCC, is the oral modification enforceable?

Accepted Answer

No, because the contract as modified is for $4,000 and must satisfy the Statute of Frauds

Answer

UCC modifications need no consideration, but the contract as modified is for $500 or more, so the modification must satisfy the Statute of Frauds to be enforceable.

Question 2

A man broke into a house at night intending to retrieve a television he honestly believed was his. He was charged with burglary. What is his best defense?

Accepted Answer

He lacked the intent to commit a felony inside because he believed the property was his

Answer

An honest belief that property is one's own negates the specific intent to steal, defeating the felonious-intent element of burglary.

Question 3

At trial, a witness cannot remember details of an accident she once recorded in a memo written shortly after the event. Her memory is not refreshed by reviewing it. How may the memo's contents be presented under the recorded recollection exception?

Accepted Answer

It may be read into evidence but not received as an exhibit unless offered by the adverse party

Answer

Under FRE 803(5), a recorded recollection may be read to the jury but may be received as an exhibit only if offered by the adverse party.

Question 4

Congress passed a statute stripping federal courts of jurisdiction to hear challenges to a particular immigration policy, while leaving state courts available. A challenger argues the statute is unconstitutional. What is the strongest counterargument supporting the statute?

Accepted Answer

Congress has broad power under Article III to define and limit lower federal court jurisdiction

Answer

Because Congress created the lower federal courts, Article III gives it broad authority to define and restrict their jurisdiction.

Question 5

A store customer slipped on a banana peel that was black, flattened, and gritty. In a negligence action against the store, why is the peel's condition significant?

Accepted Answer

It supports an inference that the peel was on the floor long enough for the store to have constructive notice

Answer

A deteriorated condition suggests the hazard existed long enough that reasonable inspection would have discovered it, establishing constructive notice.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Multistate Bar 3