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Multistate Bar Flashcards

7 cards from real NE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Multistate Bar flashcards as text

  1. Under the MBE, which doctrine allows a court to enforce an oral contract for the sale of land that does not satisfy the Statute of Frauds?

    Answer: Part performance

    The part performance doctrine removes an oral land contract from the Statute of Frauds when the buyer takes possession, pays purchase price, or makes improvements in reliance.

  2. A criminal defendant who takes the stand waives the Fifth Amendment privilege regarding which subject matter?

    Answer: The subject matter of the defendant's direct testimony

    A defendant who testifies waives the Fifth Amendment only as to the subject matter of the direct testimony and proper cross-examination.

  3. Under FRE 609, a conviction for a crime punishable by death or imprisonment exceeding one year is admissible to impeach a witness if:

    Answer: The probative value is not substantially outweighed by unfair prejudice (for a non-defendant witness)

    For non-defendant witnesses, FRE 609(a)(1)(A) allows felony convictions when probative value is not substantially outweighed by unfair prejudice.

  4. Which of the following best describes 'anticipatory repudiation' under MBE contracts?

    Answer: A clear, unequivocal statement before performance is due that a party will not perform

    Anticipatory repudiation occurs when a party unequivocally states before the due date that it will not perform, entitling the non-breaching party to treat the contract as immediately breached.

  5. A city ordinance bans all political signs in residential areas. Under the First Amendment, this regulation is most likely:

    Answer: Unconstitutional as an impermissible content-based restriction on core political speech

    Political speech receives the highest First Amendment protection, and a blanket ban on political signs targets a specific category of speech, making it an impermissible content-based restriction.

  6. Under the MBE, a seller conveys Blackacre to 'A and B as joint tenants.' A then secretly conveys A's interest to C. What is the result?

    Answer: A's conveyance severs the joint tenancy and B becomes a tenant in common with C

    A's unilateral conveyance of A's interest severs the joint tenancy as to that interest, making C and B tenants in common.

  7. Under MBE criminal procedure, the 'fruit of the poisonous tree' doctrine does NOT apply to which of the following?

    Answer: Evidence obtained by an independent source unrelated to the violation

    The independent source exception prevents the fruit of the poisonous tree doctrine from excluding evidence that was discovered through a lawful means independent of the constitutional violation.