Free NC Bar Results Questions and Answers
A homeowner entered into a contract with a builder to renovate her house for $50,000. Halfway through the project, the builder realized that due to an increase in the cost of materials, he would need an additional $10,000 to complete the job. The homeowner, under pressure to have the work finished on time, agreed to pay the additional $10,000. Upon completion, the homeowner refused to pay the extra amount. The builder sued to recover the $10,000.
How should the court rule?
Under contract law, a modification to an existing contract generally requires new consideration. In this case, the builder was already under a pre-existing duty to complete the renovations for $50,000, so the promise to pay an additional $10,000 is unenforceable without new consideration. The homeowner's agreement to pay more does not constitute new consideration.
An owner of land granted an easement to a neighbor to use a driveway that ran through the owner's property. Later, the owner sold the property to a new buyer. The new buyer attempted to block the neighbor's use of the driveway, claiming that the easement was not binding on her.
Is the easement enforceable against the new buyer?
Easements can be binding on subsequent purchasers, but only if the easement has been properly recorded (C). Recording provides notice to future buyers. If the easement was not recorded, the new buyer may be able to claim they were unaware of the easement and therefore are not bound by it.
A pedestrian was walking down the street when she was struck by a car driven by a delivery driver who was texting while driving. The pedestrian suffered serious injuries and sued the delivery driver for negligence.
Which of the following elements must the pedestrian prove to establish her negligence claim?
To establish a negligence claim, the plaintiff (pedestrian) must prove four elements:
(1) the defendant owed a duty of care to the plaintiff;
(2) the defendant breached that duty;
(3) the breach was the actual and proximate cause of the plaintiff's injuries; and
(4) the plaintiff suffered damages as a result. Strict liability does not apply in a typical negligence case (D), and intent is not required for negligence (B).
A defendant was charged with robbery after he allegedly pointed a gun at a victim and demanded money. At trial, the defendant claims that he was not at the scene of the crime and presents an alibi defense.
Which of the following must the prosecution prove beyond a reasonable doubt?
Please select 2 correct answers
The prosecution in a robbery case must prove beyond a reasonable doubt that the defendant had the intent to commit robbery (A) and that the victim's money was taken by force or threat of force (C). The prosecution does not need to prove the defendant's alibi (B) but rather must disprove it by presenting evidence of the defendant's presence at the crime scene. While the use of a weapon can enhance a robbery charge, it is not an essential element of robbery under all circumstances.
A state passed a law requiring all public school students to recite a specific prayer at the beginning of the school day. A group of parents challenged the law, claiming it violated the First Amendment.
Which of the following constitutional principles is most directly implicated by this law?
The Establishment Clause of the First Amendment prohibits the government from making any law "respecting an establishment of religion." A state law requiring public school students to recite a specific prayer directly implicates this clause because it suggests government endorsement of religion. The Free Exercise Clause (A) protects individuals' rights to practice their religion, but this scenario is about the government's establishment of religion.