Bar Exam Study Materials
Multistate Topic Samples

All sample questions are taken from the bar-bri multistate workshop.
 

CONLAW

A state statute requires that all buses which operate as common carriers on the highways of the state shall be equipped with seat belts for passengers. Transport Lines, an interstate carrier, challenges the validity of the statute and the right of the state to make the requirement.

What is the best basis for a constitutional challenge by Transport Lines?

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CONTRACTS

Patrick was exasperated with the smog in Big City and sent Andrew the following letter on January 1:

Andrew, my family and I are moving out of here and going to live on a tropical island. Do you want to buy the stuff in our house? The price is $25,000.

Andrew received the letter on January 2, and on January 3 sent Patrick a letter accepting the offer. The next day Andrew changed his mind. He called Patrick and told him to forget the deal. Later that day, Patrick received the letter that Andrew had sent on January 3.

Is there a contract between PatrIck and Andrew?

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CRIMINAL LAW

Billy was short on cash. He decided to go into Dexter's house to take Dexter's silverware and then sell it. That night while Dexter was away, Billy entered by picking the lock on the front door. He picked up a chest of silverware from the dining room and went out the front door of the house to his car. As he was putting the chest of silverware into the trunk, he had second thoughts and decided that he did not wish to become a thief. He reentered the house and replaced the chest of silverware where he found it. As he came out of the house the second time, he was arrested by the police, who had been called by a neighbor.

Billy is:

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EVIDENCE

Paul applied for a $250,000 life insurance policy and was required to submit to a physical examination to qualify for the policy. During the course of the examination he told Dr. Dan, a physician approved by the life insurance company who had never seen Paul before, "I used to have some back trouble, but that's all cleared up now." A few weeks after Dr. Dan's examination, David's automobile struck the rear end of a car in which Pal was riding as a passenger. Paul now claims that he suffers persistent lower back pain and sues David for damages.David calls Dr. Dan as a witness and seeks to have him testify as to Paul's statement to him. Paul's attorney objects on the ground of physician-patient privilege.

The testimony as to Paul's statement is:

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PROPERTY
        
Owl contracted in writing to sell Birdacre to Partridge and Wren, as joint tenants, for $60,000. Partridge and Wren put up $6,000 as earnest money. Before the closing date, Owl died. Shortly thereafter, and also before the closing date, a garage on Birdacre burned down. The garage had a fair market value of $6,500 and was a complete loss. After the fire Partridge went to see Eagle, the executor of Owl's estate. Partridge demanded that Eagle return the $6,000, because Partridge and Wren were no longer interested in Birdacre. Eagle refused and told Partridge that he expected Partridge and Wren to tender the $54,000 due on the property when the closing date arrived. Partridge filed suit demanding a refund of the $6,000. Eagle countersued, demanding specific performance by Partridge and Wren or, in the alternative , monetary damages.

How should the court rule?

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TORTS

An article in the Tabloid Times newspaper read as follows:

The owners of the Flying Rainbows basketball franchise announced yesterday that financial difficulties have forced them to sell the franchise to a group of investors who will probably move the team to another state. Inside sources say that the main reason for the financial difficulties is that Paul Python the Rainbows' general manager and chief operation officer has been siphoning off the proceeds from ticket sales to support his gambling habits.

In fact, Python has never diverted any ticket sale proceeds. Python who is well-known in the community brings an action against the Tabloid Times for defamation. The parties will stipulate that the statement regarding Python is false.

What additional facts does Python have to prove to recover from the Tabloid Times?

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