Multistate Bar (MBE) OPE 2 Practice Exam

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• What is required for a valid arrest warrant?
• A state law prohibits diagnostic centers not affiliated with hospitals. The challenge is that diagnostic centers not affiliated with hospitals may be less reliable. What constitutional standard of review applies, and what is the likely result?
• How does pure comparative fault affect damages?
• A grand jury requires production of a diary; the suspect asserts the Fifth Amendment. Under what condition may the grand jury compel production despite the privilege?
• Does the clerk have a valid basis against the bookkeeper for the unpaid portion of the promised annuity due to reliance on the promised retirement fund?
• In mortgage and foreclosure, which statement is accurate?
• A company manufactures metal stamping presses that normally include an installed safety device. The company sells a press without the safety device at a slightly reduced price, and the worker operates it and is injured. If the worker sues, will the worker likely prevail?
• In a tax evasion case, should the prosecutor be permitted to obtain records showing how much the defendant paid his attorney in fees?
• A mechanic repairs a knitting machine; a liquidated damages clause provides for $5,000 per day of delay. If the textile company suffers $25,000 in damages due to five days of delay, and the mechanic had no way to foresee this amount, is the mechanic liable for the $25,000?
• Which of the following statements accurately describe joinder in civil procedure?
• In a perjury trial, after the civil case, the defendant privately admitted knowledge of the fraud. Is the witness’s testimony admissible?
• A driver negligently runs over a pedestrian. A bystander who witnesses the accident, who had no familial or other preexisting relationship with the pedestrian, provides first aid but the pedestrian dies. The bystander suffers serious emotional distress with no physical manifestations. Is the bystander likely to prevail in a negligence action against the driver?
• Which of the following is required to certify a class action under Rule 23?
• What does the Rule Against Perpetuities generally require for vesting?
• After being laid off, the defendant fires shotgun rounds into the air; one bullet kills his friend. What is the most serious offense he could be convicted of?
• A niece inherited vacant land, sells it with a warranty deed, and later the buyer discovers the land has no access to any public right-of-way. Who will prevail in a damages claim?
• A decedent leaves a residence to a friend who predeceased the testator; the residue goes to a charity. Extrinsic evidence suggests the decedent wanted the friend’s family to live there for the care of a disabled child. If there is no applicable statute, and both charity and child claim the residence, who should receive it?
• A shopping mall owner hires a construction company to design and construct a new entryway. The company negligently selects a slippery material. A week later, a customer slips and is injured. Will the customer likely recover against the mall owner?
• A federal statute requires owners of many cars to ensure at least 10 percent are electric. A city sues to enjoin enforcement as unconstitutional. Should the court grant the injunction?
• A recording is admissible as past recollection recorded if what conditions are met?
• A woman promises to pay $10,000 to a hit man to kill her neighbor in a way that cannot be traced to her. The hit man kills the neighbor with two gunshots after discovering the neighbor is unconscious. The neighbor dies from the fall and subsequent shots. The woman later pays the hit man after learning of the neighbor’s death. Which is the most serious crime she could be convicted of?
• In a contract scenario, a contract includes a condition precedent to performance. Which statement best describes the effect of a condition precedent if not satisfied?
• Under Federal Rule of Evidence 401, which statement best describes relevance?
• An insurance policy issued to a homeowner violates certain statutorily required coverage terms. Will the homeowner likely succeed in recovering losses caused by a theft within policy terms?
• While driving, a pickup truck carries a passenger in the open bed. The driver swerves to frighten the passenger, who is injured. The passenger sues for compensatory and punitive damages. Which claim would NOT support punitive damages?
• Which of the following best describes the difference between burglary and robbery?
• In contract remedies, which statement describes expectation damages?
• What is a fee simple absolute?
• Which statement best describes the pleading standard under Rule 8?
• Which statement correctly contrasts a tenancy for years with a periodic tenancy?
• Which statement best describes the open and notorious requirement for obtaining an easement by prescription?
• A manufacturing plant storing highly volatile explosives is involved in a wind-related incident where a tile damages a passing car. Is the driver likely to prevail under strict liability?
• Which statement accurately describes anticipatory repudiation and its remedy?
• Which doctrine allows enforcement of a promise when a promisor reasonably relies on it to the promisee's detriment, even without consideration?
• What distinguishes actual eviction from constructive eviction?
• What is a fee simple determinable?
• In general criminal law, due process requires the state to prove all elements of the offense beyond a reasonable doubt. This means which statement is true?
• Which clause requires just compensation when private property is taken for public use?
• Three acres of undeveloped land have 150 feet of frontage on a public street. A zoning ordinance requires buildable lots to have at least two acres and 100 feet of frontage. The sister seeks a two-acre lot with 100 feet frontage; the brother seeks a one-acre lot with 50 feet frontage. In an action to partition, who will prevail?
• Under the Equal Protection Clause, classifications may be reviewed under which standards depending on the classification?
• Which statement best states the elements of murder at common law?
• What is an easement?
• In a malicious-damage case, which mental state is required to convict the defendant of the more serious offense?
• In a sale of goods under the UCC, the buyer accepts nonconforming goods and later sues for breach of warranty. What is the proper measure of damages for a breach of warranty that reduces the value of the goods?
• Under res ipsa loquitur, when is it appropriate?
• Congress authorized the President to construct surveillance facilities on privately owned land without compensation, and on a very small unused portion of a large tract. Is this a taking requiring compensation?
• On appeal, should the man's conviction for larceny and malicious damage to property be affirmed given the jury instruction on mental state?
• Under UCC, a buyer's failure to specify the quantities to be delivered is a breach only if it materially affects the seller's performance. True or false?
• Under the doctrine of prevention, a party's entitlement to performance can be triggered when:
• For an easement by prescription, which element is NOT required?
• A state agency is authorized to locate five new landfills; residents sue for declaratory relief arguing ripeness. The case should be characterized as:
• An excavator requests a 30-day delay in starting a contracted project; the contractor declines. Does the contractor have valid grounds to cancel the contract for anticipatory repudiation?
• Which of the following describes the business records exception?
• What is the standard for expert witness reliability under Daubert (or Frye) standards?
• On June 1, a seller receives a buyer’s order for a computer model. On June 2, the seller accepts by promising to ship. On June 3, the seller ships a different model, with a notice of accommodation. On June 5, the buyer receives the acceptance and the different model but not the accommodation notice. Which statement is correct about the parties’ duties?
• Which statement best describes the constitutionality of a law banning physician soliciting accident victims within 30 days?
• Extrinsic evidence may be admitted to interpret a will when the language is ambiguous. What is the proper use of extrinsic evidence in this context?
• In a negligence case where an automatic door opened inward causing injury, with no testimony about the door's mechanism, should the judge submit res ipsa loquitur to the jury?
• In a state where advanced diagnostic medical technologies are primarily housed in hospitals, a group of physicians plans to open diagnostic centers unaffiliated with hospitals. The legislature enacts a law prohibiting non-hospital-affiliated diagnostic centers. What standard of review applies, and what is the likely outcome?
• A plaintiff sues his insurer for the full loss of a banquet hall due to a fire. A fire marshal's report, required by law to be filed, is introduced to identify a citation for storing gasoline on the premises shortly before the fire. Is the report admissible under the public records exception to the hearsay rule?
• Under the doctrine of equitable conversion, when does the risk of loss attach?
• In a case where a neighbor killed a cat in front of a man, who has the greatest potential monetary recovery?
• A party sues for a public records exception to the hearsay rule under FRE 803(8). Which element must be present for admissibility?
• Which statement best describes a license in property law?
• A landowner conveyed land by a deed to a church 'so long as the land herein conveyed is used as the site for the principal religious edifice maintained by said church.' Twenty years later the church dissolved and dies; Who will prevail in an action by the heir vs. the state over the land?
• In contract formation, which elements must be present for a valid offer to exist under common law?
• Permanent physical occupation by the government of private land is best described as what?
• Under res judicata, when may a federal court preclude a case that involves the same claim previously litigated in state court?
• Under the Erie doctrine, which statement is true in a federal diversity case?
• A statute imposes stringent new airport and airline security measures only on individuals of one race seeking to board airplanes in the United States. What provides the best ground for challenging the constitutionality of this statute?
• Which elements must a plaintiff prove to establish negligence?
• In a deed to a church with a religious-use condition, what is the future interest retained by the grantor after the conveyance?
• Which statement best describes enforcement of an equitable servitude?
• Which statement correctly defines hearsay?
• Under Rule 605, which statement about the presiding judge testifying at trial is correct?
• Under res judicata, which statement correctly describes when a federal court may preclude a case that involves the same claim previously litigated in state court?
• What distinguishes an easement from a license?
• What level of scrutiny applies to a content-neutral time, place, and manner restriction on speech in a public forum?
• What is the standard for granting summary judgment?
• Which constitutional provision provides the best means for challenging the constitutionality of a statute that bars specific individuals from federal government employment?
• Under an installment land contract that requires delivery of a warranty deed upon payment of the last installment, there is an outstanding mortgage securing 25% of the purchase price. The buyer discovers the mortgage while paying; What is the correct statement about when marketable title must be delivered?
• On partition of land, if a fair and equitable physical division is impossible, the property may be partitioned by sale. In such a sale with co-ownership in unequal shares (1/3 and 2/3), how are the proceeds typically allocated?
• In a battery case, the plaintiff was bad-tempered and carried a gun; the defendant struck first. Which finding would most likely lead to a verdict for the defendant for self-defense?
• Six years ago, a landlord and tenant entered into a 10-year commercial lease. The lease provides that if a public entity condemns any part but not all of the land, the lease terminates and the landlord receives the entire condemnation award. The city condemns about two-thirds of the land. Who will receive the award?
• Which statement best describes covenants running with the land compared to equitable servitudes?
• At trial, a plaintiff seeks to testify about what the defendant said in a private conversation, captured on an audiotape the plaintiff did not offer into evidence. Is the plaintiff’s testimony admissible?
• What is a present sense impression?
• A neighbor's land path has been used openly for 15 years without permission. Which statement is true about easements by prescription?
• A liquidated, undisputed debt of $1,000 was due on March 1. On March 15, the debtor promised to pay by December 1 if the creditor would refrain from suing. The creditor sues on April 1. Should the court grant the debtor’s motion to dismiss?
• In contract law, who may sue to enforce a promise made to a third party beneficiary?
• In a bank robbery scheme, a woman commits theft and her accomplice drives the getaway car. The store owner sells the firearm used, knowing the plan and benefiting financially. Who could properly be convicted of murder in the death of the customer under common law?
• For res ipsa loquitur to apply, which elements must the plaintiff prove?
• Which statement is true about prior consistent statements?
• Is the bank teller's testimony that the signature on a forged check is forged admissible as lay opinion under Rule 701?
• Under Frye, admissibility is based on general acceptance in the relevant field.
• Which statement about proximate cause is correct?
• Congress enacted a statute prescribing detailed procedural requirements for the disciplinary proceedings of all state vocational licensing boards. Which is the best source of authority for this statute?
• Is the federal statute requiring states to enact laws within 1,000 feet of schools constitutional?
• Which statement about the Fourth Amendment exclusionary rule and federal grand jury proceedings is correct?
• Under UCC, when are goods identified for risk transfer if identified at the time of contract?
• A federal officer without a warrant enters a hotel room with probable cause to search for stolen money. A diary describing involvement in the robbery is found lying on the bed. The defendant moves to suppress the diary. Should the diary be suppressed?
• Police observed marijuana plants in a kitchen through a window from the neighbor's yard; a warrant was obtained and executed. Should the marijuana plants be suppressed?
• Under the UCC, modifications to a contract for the sale of goods generally do not require new consideration for enforceability, but may be subject to the statute of frauds. Which option best reflects this rule?
• Federal customs opened a red package, found heroin, resealed it, and delivered it. Two hours later, a warrant was used to search the house, where more contraband was found. Should the defendant be charged on the house search?
• Which statement is not an element of adverse possession?
• Which title covenant protects against third-party encumbrances such as easements?
• Which element of larceny is satisfied by moving the wallet a distance, even if only a slight distance, during the taking?
• A state law prohibiting polished aluminum exteriors on commercial trucks was struck as unconstitutional for burdening interstate commerce. Congress later enacted a statute allowing states to regulate reflectiveness of truck exteriors on highways. Is this federal statute constitutional?
• Which is a common sanction for discovery violations?
• When is res ipsa loquitur appropriate in a negligence case?
• Rule on character evidence to prove conduct in conformity with character.
• Nuisance law often evaluates harm by reference to a normal member of the community. Is this true?
• A cigarette advertisement depicts a person in a helmet in front of a distinctive race car, not identified, with no face shown. A famous driver sues for misappropriation of the right of publicity. Should the complaint be dismissed?
• In a bank robbery investigation, police stop a man on reasonable suspicion, frisk his outer clothing, and he confesses without being Mirandized. Should the confession be suppressed?
• Under common law conspiracy, could a drug dealer be convicted of conspiring to distribute drugs when the other conspirator is an undercover officer feigning agreement?
• Which doctrine permits admission of extrinsic evidence to prove an oral condition that affects the parties' performance under a contract?
• Which statement about proximate cause is correct?
• Which statement best describes compulsory vs permissive joinder?
• Modern contract law allows which of the following regarding third-party beneficiaries?
• What does the Due Process Clause require for government actions depriving life, liberty, or property?
• In a contract for sale of land, marketable title must be delivered at closing. Which factor most likely affects whether title is marketable at closing?
• A borrower signs a deed where the buyer agrees to assume the existing mortgage debt. After purchase, the buyer defaults and foreclosure occurs. Is the buyer liable for the deficiency?
• In a suit based on a will after a common disaster, a witness testifies that as she approached the plane she heard a woman's voice say 'I'm dying.' Both spouses died. Is the witness's testimony admissible to prove whether the wife survived the husband?
• Which statement reflects the primary test for proximate cause in tort law?
• A pedestrian's license-number recording was made as the car sped away and the witness later cannot recall the number. May the recording be admitted, and on what basis?
• What must the government show to justify a taking under the Takings Clause?
• A foreign diplomat and a woman are charged with conspiracy to commit burglary. The diplomat asserts diplomatic immunity and is dismissed. Should the court grant the woman's motion to dismiss the conspiracy charge?
• Name a common hearsay exception for business records.
• What does the fruit of the poisonous tree doctrine hold about evidence derived from illegally obtained evidence?
• Who has standing to enforce the restrictive covenant that the 40-acre tract be used for residential purposes, given the developer transferred most of the land but the original owner retained a nearby tract?
• Foreclosure can be conducted through which type of proceeding?
• A plaintiff sues for wrongful death arising from a traffic collision. A police officer authenticated a tape recording of dictation used in preparing the written report. The officer currently has no clear memory of the details. Is the tape recording admissible as evidence?
• In a foreclosure sale involving a junior mortgage, if the junior lienholder fails to appear despite proper notice, what is the typical effect on the lien?
• An ordinance requires smoking and nonsmoking sections; a smoker sits in the smoking section and continues smoking despite a nonsmoker's allergy, causing a severe reaction. In a battery action, which question is NOT an issue?
• On June 1, a seller agrees to sell an antique car for 20,000. On July 15, before risk passes, the car is destroyed by fire. The car later increases in value to 30,000. The seller sues for contract price and the buyer counterclaims for 30,000. What is the likely outcome?
• In a charge of arson, should evidence that the defendant had insurance on the house be admitted to show motive?
• A driver is abducted by a stranger while traveling from one state to another and is eventually robbed of money. The stranger is charged with kidnapping in the neighboring state. Can the stranger be convicted of kidnapping there?
• What standard governs the exercise of personal jurisdiction?
• What is the effect of completing the adverse possession statutory period?
• Malice aforethought can be demonstrated by which of the following?
• Which statement is true about the use of character evidence for truthfulness as an exception?
• What is the modern status of privity of contract?
• In an installment land contract, the buyer has to wait for closing to get title. The mortgage exists, but value is four times the debt. Which statement about marketable title is most accurate?
• Under a fee simple determinable, what happens when the specified condition occurs?
• What is the standard of care for a driver in ordinary negligence cases?
• Who bears liability for maintenance and safety as a land occupier where a lease assigns maintenance to the tenant but the premises invitees are injured by a defective door?
• A written contract for a homeowner and a builder provides for a garage to be built for $10,000, with no express provision about progress payments. After completing 25% of the garage, the builder demands $2,000. The homeowner refuses, and the builder abandons the job. If each sues the other, what will the court decide?
• In a class action, who sues on behalf of the class?
• A five percent national retail sales tax applies to all retail sales in the United States, including newspapers. Is this tax constitutional as applied to newspaper sales?
• Under the Model Penal Code's view of conspiracy, which statement is true regarding capacity and conviction?
• A plaintiff sues a ladder manufacturer for neck and back injuries after a rung fails. The plaintiff’s orthopedist testifies that, when asked about the cause, the plaintiff said: “I was standing near the top of a 15-foot ladder when I abruptly fell, landing hard on my back, after which the ladder toppled onto my neck.” Should this statement be admitted?
• When can a prior inconsistent statement be used for impeachment?
• What is a remainder?
• What best describes the scope of the Best Evidence Rule in relation to a witness testifying about the content of a recording or writing?
• Which constitutional provision gives federal courts jurisdiction over cases arising under treaties?
• During a burglary trial, the defendant objects that Miranda warnings were not given and requests a voir dire hearing outside the presence of the jury to resolve this issue. How should the court proceed?
• Which Supreme Court case held that a statute barring particular individuals from government employment qualified as punishment under the Bill of Attainder Clause?
• Under a valid written contract, the seller agrees to sell land; the contract is silent on quality of title. The seller later discovers a canal towpath easement that could affect marketability. The buyer seeks to close on May 1. Will the buyer likely prevail on specific performance?
• In contract law, what is a condition precedent?
• In a dispute over a buyer rejecting a machine that conformingly arrived, which measure of damages is NOT available to the seller under the UCC?
• Which statement below correctly describes when the Best Evidence Rule applies?
• A grantor grants reciprocal rights of purchase (ROFR) on a larger tract, with the purchase price to be set by three independent appraisers. Does this ROFR violate the Rule Against Perpetuities?
• Which statement describes a self-authenticating document?
• Under Section 5 of the Fourteenth Amendment, the enforcement power requires the remedy to be what?
• A man who is very drunk leaves a bar and, while wandering, is in possession of a wallet he later pockets and then abandons. What is the most serious crime the patron could be convicted of for taking the wallet?
• When does double jeopardy attach?
• A landowner mortgaged her land with a due-on-sale clause and wishes to sell by an installment land contract. What is the attorney's best advice?
• In evaluating a content-based restriction in a designated public forum, what level of scrutiny applies?
• In a contract where the deal is silent on risk of loss, who bears the risk of loss under the doctrine of equitable conversion?
• A grand jury witness asks to have his attorney advise him inside the grand jury room; after testifying, he is indicted on drug charges. Should the indictment be dismissed?
• Which form of due process demands notice and an opportunity to be heard before deprivation of life, liberty, or property?
• A defendant is charged with murder. During trial, the judge overhears the defendant mutter, “So what if I did it? There’s not enough proof to convict.” After the judge reports the remark, the prosecutor calls the judge as a witness. Is the judge's testimony admissible?
• A city passes an ordinance requiring licensure for individuals who care for children under 12 for pay, with 10 hours of instruction, a background check, and a $100 fee. The ordinance affects women disproportionately. Is the ordinance constitutional?
• After foreclosure of a property by a bank, the former owner seeks to repurchase. What is the most likely basis for the former owner's recovery?
• A homeowner breaches a construction contract after paying $45,000. The market value of the work at breach is $40,000; The contractor used oak flooring on another job. What is the largest recovery for the contractor?
• In a chain of title where an investor's friend did not record a mortgage on a vacant lot, and the buyer buys the lot for value without notice and later learns of the mortgage, whose lien is enforceable in a notice jurisdiction?
• A state enacted a law prohibiting medical care providers from soliciting accident victims by telephone within 30 days of the accident. Which argument is most helpful to defend the law's constitutionality?
• In a forcible rape prosecution where a defense asserts consent and a state statute provides that the defense bears no special burden, which statement about the burden of proof on consent is correct under due process?
• In a car collision case, the plaintiff seeks discovery of an accident report the defendant employee might have made. The defendant destroys the report and asserts the privilege against self-incrimination. Should the court allow the plaintiff to question the defendant about the destruction of the report?
• On May 1, a seller repudiates a contract for the sale of land. On June 5, the buyer buys a second tract as a substitute. On June 10, the seller retracts the repudiation. Will the buyer likely prevail?
• In the Rule Against Perpetuities, the vesting period must occur within
• While waiting to open an account at a bank, a poster promises $25 for standing in line five minutes, and the manager tears it down just as the five-minute mark nears. If the customer remains in line for ten more minutes and is served, does the customer have a claim for $25?
• The Miller test for obscenity includes which elements?
• A woman asks a man to help retrieve a saddle from a friend's barn, and they both leave with the saddle. The friend later breaks into the woman’s house to reclaim it. Under burglary at common law without a nighttime requirement, which individuals are guilty?
• Under the Federal Tort Claims Act, the United States is liable only for negligence. In the described scenario, absent any other applicable statute, which party should the court enter judgment for?
• In a consumer case, a blender's jar shatters during normal use and an expert cannot determine whether the defect was design or manufacturing. If both sides move for directed verdicts after trial, how should the court rule?
• Under the present sense impression rule, which description best states the requirement of admissibility?
• Which statement about covenants running with the land is accurate?
• A city ends up banning any sign or visual display in a historic district to be black and white and four feet in size. A political party wants to hang a six-foot multi-colored banner. Which argument would be most useful for the party?
• In a bank robbery lineup, a suspect was required to utter the words spoken by the robber and was identified by a teller who heard the words. The suspect moves to suppress the lineup as a violation of the privilege against self-incrimination. Should the lineup identification be suppressed?
• Which statement best describes the elements of adverse possession?
• Under the UCC, if a buyer fails to make a selection by March 1 and the seller refuses after a one-day delay in selection, is the buyer likely to prevail for breach?
• Concerning consequential damages in contract, such damages are recoverable only if they are foreseeable at the time of contracting. Which statement best reflects this rule?
• A group challenges a forest service permit to build a ski facility on sacred sites, claiming a First Amendment right to free exercise. What must the group show to prevail?
• In the March 1 contract between a homeowner and a builder, the builder's duty to perform was conditioned on rejection of the builder's pending bid. Can the homeowner recover for nonperformance?
• In a kidnapping case under the Model Penal Code, the movement of the victim in a neighboring state can support a conviction if the movement was more than merely incidental to the underlying offense. Which statement best captures this rule?
• The Erie doctrine requires a federal court in a diversity case to apply which law for substantive issues and which law for procedural issues?
• What is venue and under what circumstances may a court transfer venue?
• If a contract for goods requires shipment by a third-party carrier and is silent on carriage costs, what is the default type of contract according to UCC comments?
• Under the fruit of the poisonous tree doctrine, evidence obtained illegally may still be admissible if
• When police question a suspect during a Terry stop, are Miranda warnings required?
• A right of first refusal may vest outside the 21-year perpetuity period if it is triggered by the decision to sell the property. This statement concerns which rule?
• A private detective locates a fugitive and arranges for his arrest. The authorities later drop charges in exchange for the suspect's testimony, and the detective is not paid the reward because the fugitive was not convicted. Will the detective prevail in a contract action?
• A landowner builds an eight-foot fence with barbed wire to protect wildlife on her land. A photographer is injured trying to enter and dies. In a tort action by the photographer's personal representative, what is the likely result?
• In a nuisance action over clock tower chimes that disturb only one abnormally sensitive neighbor, will the homeowner likely prevail?
• What is the distinction between punitive damages and compensatory damages?
• In the context of malice, extreme recklessness is best described as
• In a prosecution for aggravated battery, a medical examiner testified that the knife blade was consistent with the victim's wound but admitted that any number of other knives could have caused the wound. Should the judge grant a motion to strike the medical examiner's testimony?
• In a battery trial, a defendant calls a neighbor to testify to his reputation for truthfulness and for peacefulness. The government objects to the testimony. How should the court rule?
• A painting sold as a one-of-a-kind self-portrait is damaged in transit. The collector rejects the painting and the gallery later sells it to a third party. After that, the collector sells the painting to a fan for $550,000. What is the correct measure of damages for the gallery if the sale constitutes conversion?
• A hiker injured by a falling limb on private forest land the owner did not know about. Will the hiker prevail against the owner?
• A farmer mortgage on a farm is held by two banks. The first bank forecloses and a third party buys the property. The second bank does not appear at the foreclosure. What is the most likely result regarding the second bank's lien when the farmer repurchases?
• With a self-executing treaty, a private citizen sues to enforce a monetary judgment awarded by a foreign court. The district court should dismiss for lack of jurisdiction or not?
• In a contract where an architect agrees to accept 7,500 in full satisfaction of a 10,000 fee, and the client pays 7,500 in good faith, will the architect prevail for the remaining 2,500?
• A food company terminates its contract with a delivery service to hurt an airline’s business, causing the delivery service to terminate the airline contract. Will the airline prevail in a tortious interference with contract action?
• City buses are used to post placards, with a designated administrator who can approve or deny. An animal rights group seeks to post a placard; the administrator denies it on the basis of content. The space on the buses qualifies as a designated public forum. The denial triggers strict scrutiny. What result?
• In the case involving a mountain sacred site and a federal ski facility permit, what standard governs the court’s review of the permit with respect to the group’s free exercise claim?
• Under the Federal Rules of Evidence, cross-examination should be limited to the subject matter of the direct examination and issues affecting credibility unless the court permits otherwise. If a defendant's attorney seeks to question a property manager about reasonable precautions, should the cross-examination be permitted over objection?
• A collector buys a painting described as a unique self-portrait by a recently deceased artist, paying $500,000. The painting is damaged in transit. The collector rejects it, and the gallery sells the damaged painting to a third party. The collector later sells the painting for $550,000. If the collector’s sale was not an acceptance, what is the correct measure of damages for conversion?
• In an apartment complex, a child is bitten by a dog owned by another tenant; the landlord had no notice of the dog's vicious propensities. Will the child prevail against the landlord?
• A contractor and homeowner mismatch in performance with no progress payments clause. The builder completes 25% of work, demands payment, then abandons. The homeowner sues for breach. What is the probable outcome?
• Which statement best illustrates anticipatory repudiation?
• A buyer and seller enter a contract for 10,000 novelty bracelets. The seller ships via a third-party carrier but the contract is silent on who bears carriage costs or place of tender. Under UCC § 2-509(1), when does the risk of loss pass to the buyer?
• What is the Dormant Commerce Clause?
• Which statement best describes the admissibility basis of the witness's plane crash remark 'I'm dying' when both spouses die in the crash?