UT Bar Multistate Bar 3

Question 1

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:

Accepted Answer

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

Answer

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.

Question 2

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:

Accepted Answer

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

Answer

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.

Question 3

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:

Accepted Answer

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

Answer

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

Question 4

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:

Accepted Answer

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

Answer

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.

Question 5

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:

Accepted Answer

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

Answer

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

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Multistate Bar 3