Bar Exam (Uniform) Quiz: Source Rule Extraction

A municipal ordinance states: 'Any person owning land on which a private swimming pool is located shall cause said pool to be enclosed by a fence. § 2. The fence shall be at least four feet in height. § 3. The fence shall be equipped with a self-latching gate capable of being locked. § 4. The purpose of this ordinance is to protect children who may be attracted to the pool.'

A homeowner owned a property with a swimming pool enclosed by a four-foot fence. The gate's self-latching mechanism was broken, and the homeowner, knowing this, had been closing it with a loose piece of wire. A five-year-old child from next door, attracted by pool toys, was able to easily undo the wire, enter the pool area, and drown. The child's parents sued the homeowner for negligence. For the purpose of establishing negligence per se, which part of the ordinance is most dispositive in establishing the homeowner's breach of duty? Select one.

A state's Limited Liability Company Act provides: 'Section 301. An LLC is a legal entity distinct from its members. Section 302. The operating agreement governs relations among the members, managers, and the company. Section 303. To the extent the certificate of organization is inconsistent with the operating agreement, the operating agreement controls as to members, managers, and transferees. The certificate of organization controls as to third parties who reasonably rely on the certificate.'

An LLC was formed by three members. The certificate of organization filed with the state lists all three members as managers. However, the members later signed a comprehensive operating agreement which states that only one specified member has the authority to bind the LLC in contracts exceeding $50,000. That single authorized member then signed a $100,000 contract with a supplier on behalf of the LLC. Another member sued to void the contract, arguing the signing member lacked sole authority. Which provision from the statute will be dispositive in upholding the contract's validity against this internal challenge? Select one.

A jurisdiction's homicide statute provides: '§ 187. Murder is the unlawful killing of a human being with malice aforethought. § 189. All murder which is committed in the perpetration of, or attempt to perpetrate, arson, robbery, or burglary is murder of the first degree. A killing is committed in the perpetration of a felony if the killing and the felony are part of one continuous transaction.'

Two individuals conspired to commit burglary. One entered a home to steal valuables while the other waited outside as a lookout. While inside, the burglar was surprised by the homeowner. A struggle ensued, and the burglar, in a panic, unintentionally shot and killed the homeowner. Both individuals were arrested and charged with first-degree murder. The lookout argues he cannot be guilty of murder because he was outside and did not intend for anyone to be killed. Which language from the statute allows the prosecution to convict the lookout of first-degree murder? Select one.

A city ordinance regulating public assemblies states: 'The city may impose reasonable time, place, and manner restrictions on speech in public forums. Such restrictions must be content-neutral, be narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. A permit may be denied if the proposed assembly would unreasonably disrupt public order or convenience.'

A political group applied for a permit to hold a protest rally in a city's central public square on a weekday at noon. The city denied the permit, stating in its denial letter that the rally would 'unreasonably disrupt public convenience by interfering with lunchtime business at adjacent cafes.' The group wishes to challenge the denial as a violation of the First Amendment as interpreted by the ordinance. To successfully challenge the denial, which standard from the ordinance must the group argue the city failed to meet? Select one.

A state statute provides: 'An easement by necessity is created when an owner of a tract of land conveys a portion of that tract, and by that conveyance, either the portion conveyed or the portion retained becomes landlocked. The following elements must be proven: (1) the dominant and servient estates were once held in common ownership; (2) the severance of the common tract caused the necessity for the easement; and (3) the easement is strictly necessary for ingress to and egress from the landlocked parcel.'

For 50 years, a woman owned a large 100-acre property with a single public road running along its northern border. She sold the southern 50 acres to a buyer. The deed for the sale did not mention an easement. The southern 50-acre parcel has no access to any public road except by crossing the northern 50 acres retained by the woman. The buyer has demanded access, and the woman has refused. The buyer sues to establish an easement. Which element from the statute is the most critical and foundational predicate for the buyer's claim? Select one.

A state's Rule of Civil Procedure 56(a) states: 'The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. In deciding the motion, the court must view the evidence in the light most favorable to the nonmoving party.'

A customer sued a supermarket for injuries sustained when he slipped and fell. The supermarket moved for summary judgment, submitting security footage showing the customer falling and an affidavit from an employee who stated she had mopped the area 30 minutes before the fall and placed a 'Wet Floor' sign. In opposition, the customer submitted his own affidavit stating that he was looking at his phone, did not see a sign, and slipped on a 'clear, greasy substance.' Which language from the rule best explains why the court will likely deny the supermarket's motion? Select one.

A jurisdiction's homicide statute provides: '§ 187. Murder is the unlawful killing of a human being with malice aforethought. § 189. All murder which is committed in the perpetration of, or attempt to perpetrate, arson, robbery, or burglary is murder of the first degree. A killing is committed in the perpetration of a felony if the killing and the felony are part of one continuous transaction.'

Two individuals conspired to commit burglary. One entered a home to steal valuables while the other waited outside as a lookout. While inside, the burglar was surprised by the homeowner. A struggle ensued, and the burglar, in a panic, unintentionally shot and killed the homeowner. Both individuals were arrested and charged with first-degree murder. The lookout argues he cannot be guilty of murder because he was outside and did not intend for anyone to be killed. Which language from the statute allows the prosecution to convict the lookout of first-degree murder? Select one.

A state's long-arm statute provides that its courts may exercise personal jurisdiction over a non-resident defendant who, in person or through an agent: '(1) transacts any business within the state; (2) contracts to supply goods or services in the state; or (3) commits a tortious act within the state. A tortious act is committed within the state if the injury occurs within the state as a result of an act or omission outside the state, provided the defendant regularly does or solicits business or derives substantial revenue from goods used in the state.'

A resident of State A was injured in State A by a defective lawnmower. She had purchased the lawnmower from a national retail chain's store in State A. The lawnmower was made by a manufacturer incorporated and based in State B. The manufacturer has no offices or employees in State A but sells its products to the national retail chain, which then distributes and sells them in all 50 states, including State A. The manufacturer derives millions of dollars in revenue from sales in State A. The resident sues the manufacturer in State A court. Which provision of the long-arm statute is the resident's strongest basis for jurisdiction? Select one.

A state's Statute of Frauds provides: 'Section 5. No action shall be brought upon any contract for the sale of lands unless the agreement...shall be in writing and signed by the party to be charged. Section 6. The requirements of Section 5 shall not apply where the buyer, in reasonable reliance on an oral agreement, has engaged in part performance through acts such as paying a portion of the purchase price and either taking possession of the property or making valuable improvements thereon.'

A seller orally agreed to sell a parcel of land to a buyer for $100,000. The buyer paid the seller a $10,000 deposit, took possession of the undeveloped parcel with the seller's consent, and constructed a large storage shed on it. A month later, the seller received a higher offer from another party and informed the buyer that their deal was off, citing the lack of a written contract. The buyer has sued for specific performance. Which provision of the statute will be most helpful to the buyer in enforcing the agreement? Select one.

A jurisdiction's Uniform Commercial Code § 2-205 states: 'An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months.'

On May 1, a lumber merchant sent a signed letter to a construction company offering to sell 10,000 board feet of cedar siding for $20,000. The letter stated, 'This is a firm offer, and the price will be honored until May 30.' On May 15, the price of cedar rose sharply. The lumber merchant called the construction company and stated, 'The offer from May 1 is revoked.' On May 16, the construction company sent a fax accepting the original $20,000 offer. Which phrase from the statute makes the merchant's revocation ineffective? Select one.

A jurisdiction's Rule of Evidence 613 provides: 'Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This rule does not apply to an opposing party's statement under Rule 801(d)(2).'

At a civil trial for assault, an eyewitness testifies for the plaintiff, identifying the defendant as the assailant. On cross-examination, the defendant's attorney asks, 'Isn't it true that a week after the incident, you told a police officer that you were not sure who started the fight?' The witness denies making the statement. The defense attorney now seeks to call the police officer to testify about what the eyewitness said. The plaintiff's attorney objects. Based on the rule, what is the primary condition that allows the defense attorney to introduce the officer's testimony? Select one.

A jurisdiction's Rule of Evidence 803(6) provides an exception to the rule against hearsay for a 'Record of a Regularly Conducted Activity.' The exception applies to a record if: (A) the record was made at or near the time by someone with knowledge; (B) the record was kept in the course of a regularly conducted activity of a business; and (C) making the record was a regular practice of that activity. The record is not admissible if (D) the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.

In a personal injury lawsuit following a workplace accident, the plaintiff's attorney seeks to introduce an 'incident report' prepared by the plaintiff's employer. The report was created by a manager the day after the accident and consists entirely of the manager's summary of what the plaintiff said happened. The employer created the report because it anticipated the plaintiff would file a lawsuit. The defendant's attorney objects to the report's admission. Which element of the rule provides the defendant with the strongest basis for the objection? Select one.

A jurisdiction's Rule of Evidence 502 defines the attorney-client privilege. It states: '(a) The privilege protects confidential communications made between privileged persons for the purpose of obtaining or providing legal assistance for the client. (b) The privilege may be claimed by the client. (c) The privilege does not apply to a communication made for the purpose of enabling or aiding anyone to commit what the client knew or reasonably should have known to be a future crime or fraud.'

A client met with her attorney to discuss a pending IRS audit. During the confidential meeting, the client said, 'I'm thinking of creating some back-dated invoices to support my deductions. Can you look them over to make sure they look authentic before I submit them?' The attorney refused and advised the client that this would be a federal crime. Later, in a tax fraud prosecution against the client, the prosecutor subpoenas the attorney to testify about this conversation. The attorney asserts the attorney-client privilege. Based on the rule, which provision will likely compel the attorney to testify? Select one.

A state's Rule of Civil Procedure 56(a) states: 'The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. In deciding the motion, the court must view the evidence in the light most favorable to the nonmoving party.'

A customer sued a supermarket for injuries sustained when he slipped and fell. The supermarket moved for summary judgment, submitting security footage showing the customer falling and an affidavit from an employee who stated she had mopped the area 30 minutes before the fall and placed a 'Wet Floor' sign. In opposition, the customer submitted his own affidavit stating that he was looking at his phone, did not see a sign, and slipped on a 'clear, greasy substance.' Which language from the rule best explains why the court will likely deny the supermarket's motion? Select one.

A jurisdiction's Rule of Evidence 613 provides: 'Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This rule does not apply to an opposing party's statement under Rule 801(d)(2).'

At a civil trial for assault, an eyewitness testifies for the plaintiff, identifying the defendant as the assailant. On cross-examination, the defendant's attorney asks, 'Isn't it true that a week after the incident, you told a police officer that you were not sure who started the fight?' The witness denies making the statement. The defense attorney now seeks to call the police officer to testify about what the eyewitness said. The plaintiff's attorney objects. Based on the rule, what is the primary condition that allows the defense attorney to introduce the officer's testimony? Select one.

A jurisdiction's Rule of Civil Procedure 24(a) provides for Intervention of Right: 'On timely motion, the court must permit anyone to intervene who: (1) is given an unconditional right to intervene by a federal statute; or (2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.'

A state environmental agency sued a factory in federal court, alleging its discharge of pollutants violated general water quality standards. A non-profit organization, dedicated to protecting an endangered bird species that nests only in the wetlands downstream from the factory, filed a timely motion to intervene. The non-profit's scientific evidence suggests the factory's specific chemical discharge, while perhaps compliant with general standards, is uniquely harmful to the bird's reproductive cycle. The state agency's suit does not raise this specific issue. Which language from the rule provides the strongest basis for the non-profit's motion to intervene? Select one.

A city ordinance regulating public assemblies states: 'The city may impose reasonable time, place, and manner restrictions on speech in public forums. Such restrictions must be content-neutral, be narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. A permit may be denied if the proposed assembly would unreasonably disrupt public order or convenience.'

A political group applied for a permit to hold a protest rally in a city's central public square on a weekday at noon. The city denied the permit, stating in its denial letter that the rally would 'unreasonably disrupt public convenience by interfering with lunchtime business at adjacent cafes.' The group wishes to challenge the denial as a violation of the First Amendment as interpreted by the ordinance. To successfully challenge the denial, which standard from the ordinance must the group argue the city failed to meet? Select one.

A state statute on piercing the corporate veil provides: 'A court may disregard the corporate entity and hold a shareholder personally liable for corporate debts upon a showing that the shareholder has used the corporation as an alter ego. Factors to consider include: (1) the commingling of corporate and personal funds; (2) the failure to observe corporate formalities such as holding board meetings; (3) significant undercapitalization of the corporation; and (4) the use of the corporate form to perpetrate a fraud.'

The sole shareholder of a small corporation, which was formed with only $100 in capital, regularly used the corporate checking account to pay for his personal groceries, car payments, and family vacations. He never held a shareholder or director meeting. After the corporation defaulted on a $50,000 loan from a supplier, the supplier sued the shareholder personally. Which factor listed in the statute is most directly supported by the facts and would help the supplier pierce the corporate veil? Select one.

A state statute provides: 'An easement by necessity is created when an owner of a tract of land conveys a portion of that tract, and by that conveyance, either the portion conveyed or the portion retained becomes landlocked. The following elements must be proven: (1) the dominant and servient estates were once held in common ownership; (2) the severance of the common tract caused the necessity for the easement; and (3) the easement is strictly necessary for ingress to and egress from the landlocked parcel.'

For 50 years, a woman owned a large 100-acre property with a single public road running along its northern border. She sold the southern 50 acres to a buyer. The deed for the sale did not mention an easement. The southern 50-acre parcel has no access to any public road except by crossing the northern 50 acres retained by the woman. The buyer has demanded access, and the woman has refused. The buyer sues to establish an easement. Which element from the statute is the most critical and foundational predicate for the buyer's claim? Select one.

A jurisdiction's law on abnormally dangerous activities provides that strict liability shall be imposed for harm resulting from such an activity. The statute lists factors for determining whether an activity is abnormally dangerous: '(a) existence of a high degree of risk of some harm; (b) likelihood that the resulting harm will be great; (c) inability to eliminate the risk by the exercise of reasonable care; (d) extent to which the activity is not a matter of common usage; (e) inappropriateness of the activity to the place where it is carried on; and (f) extent to which its value to the community is outweighed by its dangerous attributes.'

A demolition company used dynamite to raze an old factory located in the heart of a bustling downtown business district. The company exercised the utmost care, but the vibrations from the explosion still caused extensive cracking in the plaster and windows of an adjacent historic office building. The owner of the office building sued the demolition company for damages. Which factor from the statute provides the strongest support for holding the company strictly liable? Select one.