UT Bar Multistate Bar 2 — Questions and Answers
Question 1: A homeowner offers a painter $5,000 to paint her house, stating the offer can be accepted only by completing the job. The painter finishes half the house when the homeowner attempts to revoke. What is the painter's best argument that revocation is ineffective?
- Beginning performance of a unilateral contract makes the offer irrevocable as an option (Correct answer)
- Part performance constitutes full acceptance of the contract
- The offer was supported by consideration and cannot be revoked
- Revocation of any offer requires written notice
Correct answer: Beginning performance of a unilateral contract makes the offer irrevocable as an option
Under the modern rule, beginning performance of a unilateral contract creates an option contract, making the offer irrevocable while performance continues.
Question 2: A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier using an identical rare method of entry. This evidence is most likely admissible to prove:
- The defendant's propensity to commit burglaries
- Identity through a distinctive modus operandi (Correct answer)
- The defendant's bad character
- That the defendant acted in conformity with prior conduct
Correct answer: Identity through a distinctive modus operandi
Under FRE 404(b), prior crimes are inadmissible to show propensity but admissible for non-character purposes such as identity via a signature modus operandi.
Question 3: A state statute requires all commercial trucks operating within the state to use a specially contoured mudguard, though straight mudguards are legal in all neighboring states. The statute's most serious constitutional vulnerability is that it:
- Violates the Privileges and Immunities Clause of Article IV
- Imposes an undue burden on interstate commerce under the dormant Commerce Clause (Correct answer)
- Denies truckers procedural due process
- Constitutes a taking without just compensation
Correct answer: Imposes an undue burden on interstate commerce under the dormant Commerce Clause
A nondiscriminatory state law still violates the dormant Commerce Clause if its burden on interstate commerce clearly exceeds its local benefits, as in Bibb v. Navajo Freight Lines.
Question 4: A landowner conveys property "to my daughter for life, then to my daughter's children who reach age 25." The daughter has one child, age 3, at the time of the conveyance. Under the common law Rule Against Perpetuities, the remainder to the children is:
- Valid because the daughter is a life in being
- Void because a child might reach 25 more than 21 years after all lives in being die (Correct answer)
- Valid because the existing child will likely reach 25 within the period
- Void because contingent remainders are always destructible
Correct answer: Void because a child might reach 25 more than 21 years after all lives in being die
The daughter could have another child who reaches 25 more than 21 years after every life in being dies, so the interest violates the Rule Against Perpetuities.
Question 5: A pedestrian sues a driver for negligence in federal court based on diversity jurisdiction, claiming $80,000 in damages. The jury awards $60,000. The driver moves for judgment as a matter of law for the first time after the verdict. The motion should be:
- Granted if no reasonable jury could have found for the pedestrian
- Denied because the driver failed to move for judgment as a matter of law before the case went to the jury (Correct answer)
- Granted because the award was less than the amount claimed
- Denied because judgment as a matter of law is unavailable in diversity cases
Correct answer: Denied because the driver failed to move for judgment as a matter of law before the case went to the jury
A renewed motion for judgment as a matter of law under Rule 50(b) requires a prior Rule 50(a) motion made before submission to the jury.
Question 6: A man points an unloaded gun at a victim who knows the gun is unloaded. The victim laughs. In a suit for assault, the victim will most likely:
- Prevail, because pointing a gun is always an assault
- Prevail, because the man intended to frighten the victim
- Lose, because the victim had no reasonable apprehension of imminent harmful contact (Correct answer)
- Lose, because no physical contact occurred
Correct answer: Lose, because the victim had no reasonable apprehension of imminent harmful contact
Assault requires the plaintiff's reasonable apprehension of imminent harmful or offensive contact, which is absent when the victim knows the gun is unloaded.
Question 7: Police arrest a suspect and give proper Miranda warnings. The suspect says, "I want a lawyer." Two hours later, while still in custody, officers reapproach and the suspect waives his rights and confesses. The confession is:
- Admissible because the suspect validly waived his rights
- Admissible because two hours is a sufficient break
- Inadmissible because police may not reinitiate interrogation after an unambiguous request for counsel (Correct answer)
- Inadmissible because all custodial confessions require counsel present
Correct answer: Inadmissible because police may not reinitiate interrogation after an unambiguous request for counsel
Under Edwards v. Arizona, once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel is provided or the suspect reinitiates contact.
UT Bar Multistate Bar 2
A homeowner offers a painter $5,000 to paint her house, stating the offer can be accepted only by completing the job.
The painter finishes half the house when the homeowner attempts to revoke.
What is the painter's best argument that revocation is ineffective?