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Identify Relevant & Dispositive Sources - Next Generation Bar Exam

  1. What makes a legal source dispositive of an issue?
    It is controlling authority that resolves the issue on materially similar facts. A dispositive source effectively decides the issue for the court.
  2. What source governs a contract for the sale of goods?
    UCC Article 2, supplemented by common law where the UCC is silent. Common law governs contracts for services and land.
  3. In a federal criminal case, which source governs the admissibility of evidence?
    The Federal Rules of Evidence, subject to the Constitution. Constitutional rules, such as the exclusionary rule, may also bar evidence.
  4. A file on a dispute over a sale of a used car between two individuals contains UCC Article 2 and common-law service contract cases. Which source is most relevant?
    UCC Article 2. A car is a good, so Article 2 governs regardless of whether the parties are merchants.
  5. Which source is dispositive when a contract's express term directly addresses the dispute?
    The contract term, unless it is unenforceable. Express terms control over default rules and course of dealing.
  6. A file on an employment contract dispute contains a contract clause specifying 60 days' notice and a statute supplying a 30-day default notice period that parties may vary. Which source controls?
    The contract clause. A default rule applies only if the parties have not agreed otherwise.
  7. When a statute directly governs an issue, what is the relationship of earlier common-law cases on the same question?
    They are relevant only to the extent consistent with the statute. Statutes displace conflicting common-law rules.
  8. A file on a state-law negligence claim in State X contains a State X supreme court case directly on point and a Restatement section. Which is dispositive?
    The State X supreme court case. It is mandatory authority directly on point; the Restatement is secondary.
  9. What makes a legal source relevant to an issue?
    It addresses the governing law or similar facts on that issue. Relevance is measured against the specific question being researched.

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