Multistate Bar Flashcards

A merchant emails another merchant offering to sell 500 widgets at $10 each, stating the offer will remain open for 10 days. The offer is unsigned beyond the email signature block. Under the UCC, the offer is:

Answer: Irrevocable for 10 days as a merchant's firm offer if the signed writing requirement is satisfied

UCC 2-205 makes a merchant's signed written offer giving assurance it will be held open irrevocable without consideration for the stated time up to three months.

At a murder trial, the defense calls a witness to testify that the day before the killing, the victim said, "I'm going to kill the defendant tomorrow." The statement is offered to show the defendant acted in self-defense. The statement is:

Answer: Admissible under the state of mind exception to show the victim's intent

A statement of the declarant's then-existing intent is admissible under FRE 803(3) to show the victim intended to, and likely did, act aggressively.

Congress passes a statute conditioning 5% of federal highway funds on states raising their drinking age to 21. A state challenges the law. The condition is most likely:

Answer: Valid as a non-coercive exercise of the spending power related to highway safety

Under South Dakota v. Dole, Congress may attach conditions to federal funds if they are unambiguous, related to the federal interest, and not coercive.

A tenant with two years remaining on a lease transfers "all of my remaining interest" in the premises to a friend. The friend fails to pay rent. The landlord may recover unpaid rent from:

Answer: Both the tenant on privity of contract and the friend on privity of estate

An assignment puts the assignee in privity of estate with the landlord while the original tenant remains liable on privity of contract absent a release.

A plaintiff from Utah sues a Nevada corporation with its principal place of business in California in federal court for $100,000. The corporation's only contact with Utah is a single contract negotiated and performed in Utah with the plaintiff. Personal jurisdiction in Utah is most likely:

Answer: Proper as specific jurisdiction because the claim arises from the corporation's purposeful contacts with Utah

Specific personal jurisdiction exists where the defendant purposefully directed activities at the forum and the claim arises out of those contacts.

A store leaves a large hole in its floor unguarded. A customer, distracted by displays, falls in. In a pure comparative negligence jurisdiction, the jury finds the customer 60% at fault and damages of $100,000. The customer recovers:

Answer: $40,000, reduced by the customer's share of fault

In a pure comparative negligence system, a plaintiff recovers damages reduced by their percentage of fault regardless of how high that percentage is.

A defendant breaks into a house at night intending to retrieve a bicycle he genuinely and reasonably believes is his own. At common law, is the defendant guilty of burglary?

Answer: No, because he lacked the intent to commit a felony inside, believing the property was his

Burglary requires intent to commit a felony at entry, and an honest belief the property is one's own negates the intent to steal.