NCBE Bar Exam Practice Exam 4

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National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 61 - Contracts A buyer agreed to purchase a seller's house for $250,000 "on condition that the buyer obtain mortgage financing within 30 days." Thirty days later, the buyer told the seller that the buyer would not purchase the house because the buyer had not obtained obtained mortgage financing. financing. The seller asked the buyer where the buyer had tried to obtain mortgage financing, financing, and the buyer responded, "I was busy and didn't have time to seek mortgage financing." If the seller sues the buyer for breach of contract, is the court likely to find the buyer in breach? (A) No, because because the buyer's buyer's performance performance was was subject to a condition condition that did not occur. occur. (B) No, because because the promise promise was illusor illusory y since the buyer buyer was not not obligated obligated to do anything. anything. (C) Yes, because because a promise promise was implied that the buyer buyer had to make reasonab reasonable le efforts efforts to obtain mortgage mortgage financing. financing. Correct. A performance that is subject to an express condition cannot become due unless the condition occurs or its non-occurrenc non-occurrencee is excus excused. ed. However, the duty of good faith, which is implied in every contract, contract, imposed an obligation on the buyer to make reasonable efforts to secure mortgage financing. Because the buyer made no such suc h eff effort orts, s, the non non-oc -occur curren rence ce of the con conditi dition on to the buy buyer' er'ss obl obliga igation tion to pur purcha chase se the hou housese--th -thee buy buyer' er'ss securing financing--was excused. Accordingly, the court is likely to find that the buyer is in breach. (D) Yes, because because a reasonable reasonable interpretation interpretation of the agreement agreement is that the buyer had an obligation to purchase purchase the house for $250,000 in 30 days.



























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 62 - Criminal Law and Procedure In a crowded crowded football stadium, stadium, a man saw a wallet fall out of a spectator's spectator's purse. The man picked up the wallet and found that it contained $100 in cash. Thinking that he could use the money and seeing no one watching, the man put the wallet in the pocket of his coat. Just then, the spectator approached the man and asked if he had seen a missing wallet. The man said no and went home with the wallet. Of what crime, if any, is the man guilty? (A) (A) Em Embe bezz zzle lemen ment. t. (B) (B) Fals Falsee pret preten ense ses. s. (C)) La (C Larrce cen ny. Correct. Correc t. The initial initial tak taking ing of the wallet was a tre trespa spass, ss, because because the man kne knew w tha thatt the wallet belonged belonged to the spectator specta tor and he intended to convert the wallet to his own use in perma permanent nent deprivation deprivation of the spectator's spectator's right. Accordingly, the man is guilty of larceny. (D) (D) No crim crime. e.



























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 63 - Constitutional Law A compan company y owned owned a large large tract tract of land that that contain contained ed coal coal deposi deposits ts that that the company company intende intended d to mine. mine. The company company acquir acquired ed mining mining equipme equipment nt and began to plan plan its mining mining operat operation ions. s. Jus Justt as the company company was about to begin begin mining, mining, Congress enacted a statute that imposed a number of new environmental regulations and land-reclamation requirements on all mining operations operations within the United States. The statute made the company's company's planned mining operations economically economically infeasible. As a result, the company sold the tract of land to a farmer. While the sale price allowed the company to recover its original investment in the land, it did not cover the additional cost of the mining equipment the company had purchased or the profits it had expected to earn from its mining operations on the land. In an actio action n file filed d agai agains nstt the the appr approp opri riate ate fede federa rall offi officia cial, l, the the comp compan any y clai claims ms that that the the stat statute ute effe effect cted ed a taking taking of its property for which it is entitled entitl ed to just compensation in an amount equal to the cost of the mining equipment it purchased and the profits it expected to earn from its mining operations on the land. Which of the following is the most appropriate result in the action? (A) The company company should prevail prevail on its claims for for the cost of the mining equipmen equipmentt and for its lost profits. profits. (B) The company company should prevail prevail on its claim for the cost cost of the mining equipment, equipment, but not for its lost lost profits. (C) The company company should prevail prevail on its claim for lost lost profits, profits, but not for the cost of the mining equipmen equipment. t. (D) The company company should not prevail prevail on its claim for the cost cost of the mining equipment equipment or for its lost lost profits. Correct. The company should not prevail on any aspect of its claim for just compensation. The statute did not effectt a taking of the company's land or of the mining equipment, effec equipment, because the new regul regulations ations did not deny all economically viable use of the land. The company recovered its original investment in the land by selling it to the farmer, and the land is economically viable as farmland. The company may sell the mining equipment or use it for mining on other land. Finally, the profit profitss the compan company y expected to earn from its mining operations operations do not constitute a property interest subject to the takings clause.



























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 64 - Real Property A tenant tenant leased leased a commer commercia ciall proper property ty from from a landlor landlord d for a 12-yea 12-yearr term. term. The propert property y includ included ed a large large store store and a parking lot. At the start of the lease period, the tenant took possession and with the landlord's oral consent installed counters, display cases, shelving, and special lighting. Both parties complied with all lease terms. The The leas leasee is set set to expi expire re next next month month.. Two weeks weeks ago, ago, when when the land landlo lord rd cont contac acte ted d the tenant tenant abou aboutt a poss possibl iblee leas leasee renewa renewal, l, she learned learned that the tenant tenant had decide decided d not to renew renew the lease, lease, and that that the tenant tenant planne planned d to remove remove all of the above-listed above-listed items on or before before the lease termination termination date. The landlord landlord claimed that all the items had become part of the real estate and had to remain on the premises. The tenant asserted his right and intention to remove all the items. Both the lease and the statutes of the jurisdiction are silent on the matter in dispute. At the time the landlord consented and the tenant installed the items, nothing was said about the tenant's right to retain or remove the items. The landlord has sued the tenant to enjoin his removal of the items. How is the court likely to rule? (A) For the landlord, landlord, because because the items have have become part part of the landlord's landlord's real estate. estate. (B) For the landlord landlord as to items bolted bolted or otherwise otherwise attached attached to the premises, premises, and for the the tenant as to items not not attached attached to the premises other than by weight. (C) For the tenant, tenant, provided that the tenant tenant reasonably reasonably restores restores the premises to the prior condition condition or pays for the cost of restoration. Correct. This is a commercial lease, and the tenant has been using the items in his business. Therefore, the items are trade fixtures fixtures,, and the ten tenant ant may rem remove ove them bef before ore the end of the lease term unl unless ess very substanti substantial al dama da mage ge wo woul uld d be do done ne by the re remo mova val. l. It is un unlik likel ely y tha thatt th thee re remo mova vall of th thes esee ite items ms wil willl ca caus usee su subs bsta tanti ntial al damage; if so, however, the tenant must either restore the premises or pay the cost of restoration. (D) (D) For For the the tena tenant nt,, beca becaus usee all all of the the item itemss may may be remo remove ved d as trad tradee fixt fixtur ures es with withou outt any any obli obliga gati tion on to rest restor oree the the premises.



























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 65 - Evidence At a woman' woman'ss trial trial for bank robber robbery, y, the prosecut prosecutor or has called called a privat privatee securi security ty guard guard for the bank bank who has testifi testified, ed, without objection, that while he was on a coffee break, the woman's brother rushed up to him and said, "Come quickly! My sister is robbing the bank!" The woman now seeks to call a witness to testify that the brother brother later told the witness, "I got my sister sister into troubl troublee by telling telling a securi security ty guard guard that she was robbin robbing g the bank, but now I realiz realizee I was mistaken mistaken." ." The brother is unavailable to testify. Is the witness's testimony admissible? (A) No, because because the brother brother will be afforded afforded no opportunity opportunity to explain explain or deny the later statement. statement. (B) No, because because the prosecutor prosecutor will be afforde afforded d no opportunity opportunity to confront confront the brother. brother. (C) Yes, because because it is substantive substantive proof proof that that the woman woman did not not rob the the bank. (D) Yes, but only only as an inconsiste inconsistent nt statement statement to impeach the the brother's brother's credibility. credibility. Correct. Correc t. It is ord ordina inarily rily true tha thatt a witn witness ess impeache impeached d with a pri prior or inc incons onsiste istent nt sta statem tement ent mus mustt be giv given en an opport opp ortuni unity ty to exp explain lain or den deny y the statement statement.. Tha Thatt is not possible possible,, how howeve ever, r, whe when n a hea hearsa rsay y dec declar larant ant is not produced at trial. Therefore Rule 806 provides that the ordinary requirement of a "fair opportunity to explain or deny" is not applicable to hears hearsay ay declarants who are being impeached impeached with prior inconsistent inconsistent statements. The inconsistent statement is probative of the brother's credibility, and Rule 806 permits such impeachment.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 66 - Contracts A producer contracted to pay an inexperienced performer a specified salary to act in a small role in a play the producer was taking on a six-week road tour. The contract was for the duration of the tour. On the third day of the tour, the performer was hospitalized with a stomach disorder. The producer replaced her in the cast with an experienced actor. One week later, the performer recovered, but the producer refused to allow her to resume her original role for the remainder of the tour. In an action by the performer performer against the producer for breach of contract, which of the following, following, if proved, would be the producer's best defense? (A) The actor, actor, by general acclaim, acclaim, was much better better in the role than the perform performer er had been. (B) The actor actor was the only replacem replacement ent the pro produc ducer er could find, find, and the actor would accept accept not nothin hing g les lesss tha than n a con contra tract ct for the remainder of the six-week tour. Correc Corr ect. t. Af Afte terr th thee pe perf rfor orme merr be beca came me ill ill,, th thee te temp mpor orar ary y imp impra ract ctica icabil bility ity do doct ctri rine ne ex excu cuse sed d the pe perf rfor orme mer' r'ss contra con tractu ctual al obl obliga igation tion and als also o gav gavee the pro produc ducer er the rig right ht to sus suspen pend d his per perfor forman mance ce obli obligat gation ion dur during ing the period that the performer's illness ill ness prevented her from acting. The critical issue here is whether the producer also had the right to cancel the contra contract. ct. Circumstances Circumstances that would give the producer the right to cance cancell the contr contract act includee the degre includ degreee of uncer uncertainty tainty relating relating to the natur naturee and durati duration on of the performer's performer's illness and the exten extentt to which a delay in making substitute substitute arrangements arrangements would have preve prevented nted the producer from continuing the tour. The unwillingness unwillingness of the actor, the only replacement replacement available, available, to take a contract for less than the remainder of the si sixx-we week ek to tour ur an and d th thee un unce cert rtai aint nty y su surr rrou ound nding ing wh when en the pe perf rfor orme merr mig might ht re retu turn rn to wo work rk wou would ld ha have ve disch dis char arge ged d th thee pr prod oduc ucer er's 's pe perf rfor orma manc ncee ob oblig ligat ation ionss an and d ju just stifi ified ed his ca canc ncel ellat latio ion n of the co cont ntra ract ct wit with h the performer. (C) The producer producer offered offered to employ the performer performer as the actor's understudy understudy for the remainder remainder of the six-week tour at the performer's original salary, but the performer declined. (D) Both the producer producer and the performer performer knew that a year earlier earlier the performer performer had been incapacitate incapacitated d for a short period of time by the same kind of stomach disorder.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 67 - Constitutional Law A number of psychotherapists routinely send mailings to victims of car accidents informing the victims of the possibility of develo developin ping g pos post-tr t-traum aumatic atic stress stress disord disorder er (PTSD) (PTSD) as the result result of the accide accidents nts,, and offeri offering ng psy psycho chothe therap rapy y servic services. es. Although PTSD is a possible result of a car accident, it is not common. Many accident victims in a particular state who received the mailings complained that the mailings were disturbing and were were an inva invasi sion on of thei theirr priv privaacy. cy. Thes Thesee vic victims tims also also repor eporte ted d that that as a res result ult of the the mail mailin ings gs,, thei theirr rega regarrd for psychotherapists and for psychotherapy as a form of treatment had diminished. In response, the state enacted a law prohibiting any l icensed psychotherapist from sending mailings that raised the concern of PTSD to any car accident victim in the state until 30 days after the accident. The state justified the law as an effort to address the victims' complaints as well as to protect the reputation of psychotherapy as a form of treatment. Is this law constitutional? (A) No, because because the law singles singles out one type of message message for prohibition prohibition while allowing allowing others. others. (B) No, because because the the mailings mailings provide provide informatio information n to consumers. consumers. (C) Yes, because because mailings suggestin suggesting g the possibility of developing developing PTSD as the result result of an accident are misleading. misleading. (D) Yes, because because the law protects the privacy privacy of accident accident victims and the public regard regard for psychotherap psychotherapy y without being substantially more restrictive than necessary. Correct. The law is constitutional, because it satisfies the First Amendment standards for government restrictions on commercial speech. The mailings contain commercial speech, because they advertise services provided by the psychotherapists. A restriction on commercial speech is subject to a form of intermediate judicial scrutiny, requiring the government to show that the restriction directly advances an important government interest and that the restriction is not substantially more extensive than necessary to protect that interest. The law here satisfies thatt sta tha standa ndard; rd; the 3030-day day wai waiting ting per period iod for the psy psycho chothe therap rapists ists'' mai mailing lingss nar narrow rowly ly ser serves ves the gov govern ernmen ment's t's substantial interests in protecting both the privacy of accident victims and the public regard for psychotherapy.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 68 - Torts A shopper was riding on an up escalator escalator in a department store when the escalator stopped abruptly. abruptly. The shopper lost her balance and fell down the escalator steps, sustaining injuries. inj uries. Although Al though the escalator had been regularly maintained by an independent contractor, the store's obligation to provide safe conditions for its invitees was nondelegable. The shopper has brought an action against the store for damages, and the above facts are the only facts in evidence. The store has moved for a directed verdict. Should the court grant the motion? (A) No, because because the finder finder of fact could infer infer that the escalator escalator malfunction malfunction was due due to negligence. negligence. Correct. Correc t. The There re is eno enough ugh evidence evidence here to sup suppor portt an inf infere erence nce of neg neglig ligenc encee on the part of the store. store. A jur jury y could find that the malfunction malfunction was due to the negligent installation, installation, maintenance, maintenance, or oper operation ation of the escalator escalator;; the store would be responsible for all these possible causes under the nondelegable duty doctrine. (B) No, because because the the store is is strictly strictly liable for for the shoppe shopper's r's injuries. injuries. (C) Yes, because because an indepen independent dent contracto contractorr maintained maintained the escalator escalator.. (D) Yes, because because the shoppe shopperr has not produce produced d evidence evidence of negligence negligence..





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 69 - Criminal Law and Procedure A woman woman went to an art gallery gallery and falsel falsely y repres represent ented ed that she was an agent agent for a mus museum eum and wanted to purcha purchase se a painting that was hanging in the gallery. The woman and the gallery owner then agreed on a price for the t he painting to be paid 10 days later, and the woman took the painting. When the gallery failed to receive the payment when due, the owner called the museum and discovered that the woman did not work there. The owner then notified the police. When interviewed interviewed by the police, the woman admitted making the false representati representation on and acquiring acquiring the painting, but she said she believed that the painting had been stolen from her by someone who worked in the gallery. Is the woman guilty of obtaining property by false pretenses? (A) No, because because she she believed believed that that the painting painting belonged belonged to her. Correct. Correc t. The crime of fal false se pre preten tenses ses,, like other the theft ft cri crimes mes,, req requir uires es the intent to ste steal. al. The woman can cannot not properly be found guilty of obtaining property by false pretenses, because she made the false statements to obtain property that she subjectively believed belonged to her. (B) No, because because the gallery gallery owner would have have sold the painting painting to anyone who who agreed to pay the price. price. (C) Yes, because because even if her represe representation ntation was not not material, she never never intended intended to pay for the painting. painting. (D) Yes, because because she knowingly knowingly made a false false representa representation tion on which the gallery gallery owner relied. relied.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 70 - Real Property For 22 years, the land records have shown a man as the owner of an 80-acre farm. The man has never physically occupied the land. Nineteen years ago, a woman entered the farm. The character and duration of the woman's possession of the farm caused her to become the owner of the farm under the adverse possession law of the jurisdiction. Three years ago, when the woman was not present, a neighbor took over possession of the farm. The neighbor repaired fenc fences es,, put put up "no "no tres trespa pass ssin ing" g" sign signs, s, and and did did some some plow plowin ing. g. When When the woma woman n retu return rned ed,, she she foun found d the the neig neighb hbor or in possession of the farm. The neighbor vigorously rejected the woman's claimed right to possession and threatened force. The woman withdrew. The woman then went to the man and told him of the history history of activity on the farm. The woman orally orally told the man that she had been wrong to try to take his farm. She expressly waived any claim she had to the land. The man thanked her. Last month, unsure of the effect of her conversation with the man, the woman executed a deed purporting to convey the farm to her son. The son promptly recorded the deed. The period of time to acquire title by adverse possession in the jurisdiction is 10 years. Who now owns the farm? (A) The man, because because the the woman's later later words words and actions actions released released title to the man. man. (B) The neighbor, neighbor, because because the neighbor neighbor succeeded succeeded to the woman's adverse adverse possession possession title by privity of possession possession.. (C) The son, because because he succeede succeeded d to the woman's adverse adverse possessio possession n title by privity of conveyanc conveyance. e. Correct. The woman acquired title to the farm by adverse possession. The woman's title was an original title and did not derive from the man's title. The statute of frauds requires requires that the conveyance conveyance of the farm be in writing writing.. Theref The refore ore,, the woman's woman's ora orall sta statem tement ent was insuffic insufficien ientt to rel releas easee the title to the man man,, and the wom woman an val validly idly conveyed the farm to her son.































National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 71 - Contracts An art collec collector tor paid paid a galler gallery y $1,000 $1,000 to purcha purchase se a framed framed drawing drawing from the galler gallery's y's collec collectio tion. n. The price includ included ed shipping by the gallery to the collector's home. The gallery's owner used inadequate materials to wrap the drawing. The frame broke during shipment and scratched the drawing, reducing the drawing's value to $300. The collector complained to the gallery owner, who told the collector to take the drawing to a specific art restorer to have the drawing repaired. The collector collector paid the restorer restorer $400 to repair repair the drawing, but not all of the scratches scratches could be fixed. The drawing, drawing, after being repaired, was worth $700. The gallery owner subsequently refused to pay either for the repairs or for the damage to the drawing. In an action by the collector against the gallery owner for damages, which of the following awards is most likely? (A) (A) Noth Nothin ing g. (B) $300. (C) $400. (D) $700. Correc Corr ect. t. Th Thee ga galle llery ry's 's us usee of in inad adeq equa uate te ma mate teri rials als to wr wrap ap th thee dr draw awin ing g co cons nstit titut uted ed a br brea each ch of wa warr rran anty. ty. Therefore, the collector is entitled to be placed in the position he would have been in but for the gallery's breach. Under UCC § 2-714(2), the generally applicable standard for measuring the collector's resulting damages would





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 72 - Evidence A woman's car was set on fire by vandals. When she submitted a claim of loss for the car to her insurance company, the insurance insurance company refused refused to pay, asserting asserting that the woman's policy had lapsed lapsed due to the nonpayment nonpayment of her premium. premium. The woman sued the insurance company for breach of contract. At trial, the woman testified that she had, in a timely manner, manner, placed placed a stamped, stamped, properly addressed addressed envelope containing containing the premium payment in the outgoing mail bin at her office. office. The woman's woman's secretary then testified testified that every afternoon afternoon at closing time he takes all outgoing mail in the bin to the post office. The insurance company later called its mail clerk to testify that he opens all incoming mail and that he did not receive the woman's premium payment. The woman and the insurance company have both moved for a directed verdict. For which party, if either, should the court direct a verdict? (A) (A) For For the the insur insuran ance ce comp compan any, y, beca becaus usee neith neither er the the woma woman n nor nor her her secr secret etar ary y has has any any pers person onal al know knowle ledg dgee that that the envelope was mailed. (B) For the insurance insurance company, company, because because the mail clerk's direct direct testimony negates negates the woman's circumstan circumstantial tial evidence. evidence. (C) For the woman, because because there there is a presumption presumption that an envelope envelope properly properly addressed addressed and stamped stamped was received received by the addressee.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 73 - Torts A 14-yea 14-year-o r-old ld teenag teenager er of low intellig intelligenc encee receiv received ed her parents' parents' permis permissio sion n to drive drive their their car. car. She had had very little little experience driving a car and did not have a driver's license. Although she did the best she could, she lost control of the car and hit a pedestrian. The pedestrian has brought a negligence action against the teenager. Is the pedestrian likely to prevail? (A) No, because because only the the teenager's teenager's parents parents are are subject subject to liability. (B) No, because because the teenager was acting acting reasonably reasonably for a 14-year-old 14-year-old of low intelligence intelligence and little driving experience experience.. (C) Yes, because because the teenager teenager was was engaging engaging in an an adult activity. activity. Correct. Correc t. The teenager teenager was eng engagi aging ng in a dan danger gerous ous adult activity, activity, so she will be hel held d to the adult sta standa ndard rd of care. No adjustment will be made to that standard to reflect her low intelligence and lack of experience. Her lack of in inte telli llige genc ncee an and d he herr in inex expe perie rienc ncee pu putt oth other erss at ri risk sk,, an and d sh shee wi will ll be he held ld to th thee st stan anda dard rd of a re reas ason onab ably ly prudent driver even if she is not capable of reasonable prudence. (D) Yes, because because the teenage teenagerr was not old enough enough to obtain obtain a driver's driver's license. license.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 74 - Constitutional Law A clerical employee of a city water department department was responsible responsible for sending out water bills to customers. customers. His work in this respect had always been satisfactory. The employee's employee's sister ran in a recent recent election against the incumbent incumbent mayor, but she lost. The employee employee had supported supported his sister in the election campaign. After the mayor found out about this, she fired the employee solely because his support for the sister indicated indicated that he was "disloyal" to the mayor. The city's charter charter provides that "all employees employees of the city work at the pleasure of the mayor." Is the mayor's action constitutional? (A) No, because because public public employees employees have a proper property ty intere interest st in their employme employment, nt, which gives them a right right to a hearin hearing g prior to discharge. (B) No, because because the mayor's action violates violates the employee's employee's right to freedom freedom of expression expression and association. association. Correct. The mayor's action is unconstitutional, because it violates the employee's right to freedom of expression and association association protected protected by the First Amendment. The U.S. Supreme Court has held that the government may not fire an employee because of the employee's political views or affiliations unless certain political views or affiliations are required for the effective performance of the employee's job. The political views or affiliations of a clerical employee of a city water department are not relevant to the employee's job, and thus the employee may not be fired because of them.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 75 - Real Property In the most recent deed in the chain of title to a tract of land, a man conveyed the land as follows: "To my niece and her heirs and assigns in fee simple until my niece's daughter marries, and then to my niece's daughter and her heirs and assigns in fee simple." There is no applicable statute, and the common law Rule Against Perpetuities has not been modified in the jurisdiction. Which of the following is the most accurate statement concerning the title to the land? (A) The niece niece has a life estate estate and the the daughter daughter has a contingen contingentt remainder. remainder. (B) The niece niece has a fee simple and the daughter daughter has no interest interest,, because after after the grant of a fee simple simple there can be no gift over. (C) The niece has a fee simple simple and the daughter daughter has no interest, interest, because because she might not marry within 21 years years after the date of the deed. (D) The niece has has a defeasible defeasible fee simple determin determinable able and the daughter daughter has an executor executory y interest. interest. Correct. The niece has a defea Correct. defeasible sible fee simple because of the limitatio limitation n placed on the estate by the words "until my niece's daughter marries." marries." If the niece niece's 's daughter marries, marries, the estate in the niece will end automa automatically tically and will pass to the holder of the future interest (the niece's daughter). The future interest given to the daughter, a































National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 76 - Evidence At a defendant's defendant's trial for mail fraud, the defendant defendant calls his wife to testify that she committed committed the fraud herself herself without the defend defendant ant's 's kno knowled wledge. ge. On crosscross-exa examin minatio ation, n, the prosec prosecuto utorr asks asks the wife, wife, "Isn't "Isn't it true true that that you have fled fled you yourr hom homee several times in fear of your husband?" Is this question proper? (A) No, because because it is leading leading a witness witness not shown shown to be hostile. hostile. (B) No, because because its probative probative value is outweighed outweighed by the danger danger of unfair unfair prejudice prejudice to the defendant. defendant.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 77 - Criminal Law and Procedure A woman broke off her engagement to a man but refused to return the engagement ring the man had given her. One night, the man entered the woman's house after midnight midnight to retrieve retrieve the ring. Although the woman was not at home, a neighbor saw the man enter the house and called the police. The man unsuccessfully searched for the ring for 10 minutes. As he was walking out the front door, the police arrived and immediately arrested him. The man has been charged with burglary in a jurisdiction that follows the common law. Which of the following, if proved, would serve as the man's best defense to the charge? (A) The man knew that that the woman kept a key under under the doormat doormat and he used the key to enter enter the house





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 78 - Contracts A businesswoman sold her business to a company for $25 million in cash pursuant to a written contract that was signed by both parties. Under the contract, the t he company agreed to employ the t he businesswoman for two years as a vice president at a salary of $150,000 per year. After six months, the company, without cause, fired the businesswoman. Which of the following statements best describes the businesswoman's rights after the discharge? (A) She can recover recover the promised promised salary salary for the remainder remainder of the two years years if she remains remains ready to work. work. (B) She can recover recover the promised salary salary for the remainder remainder of the two year yearss if no compa comparable rable job is reasonably reasonably available available and she does not take another job.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 79 - Torts A firs firstbo tborn rn child child was was exam examin ined ed as an infa infant nt by a docto doctorr who was a spec specia ialis listt in the the diag diagno nosis sis of spee speech ch and and hear hearin ing g impairments. impairments. Although the doctor should have concluded that the infant was totally deaf due to a hereditary condition, condition, the doctor doctor neglige negligently ntly concluded concluded that the infant infant's 's hearin hearing g was normal. normal. After After the diagno diagnosis sis,, but before before they learne learned d that that the infan infantt was was in fact fact deaf deaf,, the pare parent ntss conc concei eive ved d a seco second nd child child who who also also suff suffer ered ed total total deaf deafne ness ss due due to the the here heredit ditar ary y condition. The parents parents claim that they they would would not have conceive conceived d the second second child child had they known of the high probabili probability ty of the hereditary condition. They have sought the advice of their attorney regarding which negligence action against the doctor is most likely to succeed.





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 80 - Constitutional Law An enviro environme nmenta ntall organi organizat zation ion's 's stated stated missio mission n is to sup suppor portt enviro environme nmenta ntall causes causes.. The organi organizat zation ion's 's member membershi ship p is genera generally lly open to the public, public, but its bylaws bylaws permit permit its officers officers to refuse refuse to admit admit anyone anyone to member membershi ship p who does not adhere to the organization's mission statement. In a recent state administrative proceeding, the organization opposed plans to begin mining operations in the mountains surrou surroundin nding g a small small town. town. Its oppositio opposition n preven prevented ted the mine from being opened opened on schedu schedule. le. In an effort effort to force force the organization to withdraw its opposition, certain residents of the town attended a meeting of the organization and tried to become members, but the officers refused to admit them. The residents sued the organization, claimi ng that the refusal to admit them was discriminatory discriminatory and violated violated a local ordinance ordinance that prohibits prohibits any organization organization from discriminating discriminating on the basis of an individual's indivi dual's political poli tical views. The organization responded that the ordinance is unconstitutional unconstit utional as applied to its i ts































National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 81 - Contracts





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 82 - Torts





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 83 - Evidence





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 84 - Criminal Law and Procedure





























National Conference of Bar Examiners Multistate Bar Examination - Online Practice Exam 4 Question # 85 - Real Property















































































































































































































































































































































































NCBE Bar Exam Practice Exam 4

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