SD Bar Multistate Essay 2 — Questions and Answers
Question 1: A testator's will leaves 'my entire estate to my children in equal shares.' The testator had two children at execution; one predeceased the testator leaving two grandchildren. Under the UPC anti-lapse statute, what is the likely result?
- The predeceased child's share lapses and passes to the survivor
- The predeceased child's share passes to the two grandchildren by representation (Correct answer)
- The entire estate passes to the surviving child
- The estate is distributed as if the testator died intestate
Correct answer: The predeceased child's share passes to the two grandchildren by representation
Under UPC § 2-603, anti-lapse applies when a devisee who is a grandparent or descendant of a grandparent predeceases the testator, substituting the devisee's descendants.
Question 2: In a Multistate Essay question on contract formation, a buyer emails an offer to purchase goods at $500. The seller responds: 'We accept your offer but require payment in 30 days rather than 14.' Under the UCC, this response is best characterized as:
- A counteroffer that terminates the original offer
- An acceptance with a conditional modification under § 2-207 (Correct answer)
- A rejection of the offer
- A valid acceptance creating a contract on the buyer's terms
Correct answer: An acceptance with a conditional modification under § 2-207
Under UCC § 2-207, a definite expression of acceptance operates as acceptance even if it states additional or different terms, unless acceptance is expressly conditioned on assent to the new terms.
Question 3: A plaintiff sues a manufacturer in strict products liability for injuries from a defective ladder. The manufacturer argues the plaintiff misused the ladder by exceeding its weight limit. In a comparative fault jurisdiction, this misuse:
- Is a complete defense barring all recovery
- May reduce plaintiff's recovery proportionate to plaintiff's fault (Correct answer)
- Is irrelevant because strict liability does not consider plaintiff's conduct
- Shifts all liability to the plaintiff as a superseding cause
Correct answer: May reduce plaintiff's recovery proportionate to plaintiff's fault
Most comparative fault jurisdictions apply comparative principles to strict products liability, reducing (but not necessarily eliminating) recovery based on plaintiff's percentage of fault.
Question 4: During a criminal essay fact pattern, police arrest a suspect based on an informant's tip. The tip was not corroborated. Under Illinois v. Gates, the tip's reliability is evaluated under:
- The two-prong Aguilar-Spinelli test requiring veracity and basis of knowledge
- The totality of the circumstances test (Correct answer)
- The preponderance of the evidence standard for all warrantless searches
- The reasonable suspicion standard applicable only to Terry stops
Correct answer: The totality of the circumstances test
Illinois v. Gates replaced the rigid Aguilar-Spinelli two-prong test with a flexible totality-of-the-circumstances approach to evaluate probable cause from informant tips.
Question 5: An employee is terminated for reporting her employer's environmental violations to state regulators. She sues for wrongful discharge. The strongest basis for her claim is:
- Breach of the implied covenant of good faith and fair dealing
- Public policy exception to at-will employment (Correct answer)
- Promissory estoppel based on the employee handbook
- Intentional infliction of emotional distress
Correct answer: Public policy exception to at-will employment
Termination for reporting illegal activity to authorities falls squarely within the public policy exception to at-will employment recognized in most states.
Question 6: A fee simple determinable is created when land is conveyed 'to City so long as used for park purposes.' If the City stops using it as a park, title automatically:
- Reverts to the grantor or grantor's heirs via possibility of reverter (Correct answer)
- Escheats to the state after notice and opportunity to cure
- Passes to the City in fee simple absolute by operation of law
- Reverts only if the grantor files an action within the statute of limitations
Correct answer: Reverts to the grantor or grantor's heirs via possibility of reverter
A fee simple determinable automatically terminates upon the stated condition, with title reverting to the grantor through the accompanying possibility of reverter without any court action.
Question 7: In an MEE essay on partnership law, a general partner enters into a contract with a third party without actual authority. The partnership is bound if:
- The partner had express written authority from all partners
- The contract was for carrying on usual partnership business and the third party lacked notice of limitations (Correct answer)
- The remaining partners ratify the contract within 30 days
- The third party inquired about and received confirmation of authority
Correct answer: The contract was for carrying on usual partnership business and the third party lacked notice of limitations
Under UPA § 301, a partner has apparent authority to bind the partnership for acts in the ordinary course of business unless the third party knew the partner lacked authority.
SD Bar Multistate Essay 2
A testator's will leaves 'my entire estate to my children in equal shares.' The testator had two children at execution; one predeceased the testator leaving two grandchildren.
Under the UPC anti-lapse statute, what is the likely result?