A Short Baby Bar Exam Quiz! – Part 1!
Are you studying for the Baby Bar exam? Have you been spending enough time memorizing the law? Take this short baby bar exam quiz to see just how prepared you are!
We picked a few of the highly tested areas of law. We recommend you get a pen and a piece of paper and see if you can write down the key words. These will be the words that the grader is looking for when they read your essays! The answers are at the end of the quiz.
Baby Bar Exam Quiz:
- Contracts: In negotiations to form a contract for the sale of goods, how will an acceptance that contains additional terms when compared to the offer be analyzed?
- Contracts: Give a general definition of the parol evidence rule.
- Contracts: What performance is required of the seller under the UCC and what are the buyer’s options if this standard is not met?
- Criminal Law: What mental states can satisfy the mens rea element of second-degree murder?
- Criminal Law: What is voluntary manslaughter? Involuntary manslaughter?
- Criminal Law: What are the elements of assault? Battery?
- Torts: What standard of care is a child held to in a negligence action?
- Torts: Define an invitee. What standard of care is owed to an invitee?
- Torts: What are the elements of intentional infliction of emotional distress?
Answers to Baby Bar Exam Quiz:
- A definite and seasonable acceptance that contains different or additional terms will still constitute an acceptance unless the “acceptance” says that acceptance is expressly made conditional on assent to the additional or different terms. If there is no expressly conditional language, additional terms will become a part of the contract if both parties are merchants, unless (a) the offer expressly limits acceptance to the terms of the offer, (b) the additional terms “materially alter” the contract, or (c) the offeror has already objected or objects within a reasonable time after receiving the terms. Otherwise, the additional terms are mere “proposals” for addition, which must be separately accepted by the other party.
- A party will be prohibited from adding a term from preliminary negotiations (or a contemporaneous oral term) to a final (integrated) written agreement.
- The perfect tender rule applies under the UCC. The seller must deliver goods that perfectly conform to the contract specifications. If the seller does not do so, the buyer has three options: the buyer can reject all of the goods, the buyer can accept all of the goods, or the buyer can accept however many units of the goods he wants and reject the rest. (Remember that the seller may have the right to cure!)
- Murder requires malice aforethought. For second degree murder, this can be satisfied by one of three possible mental states: an intent to cause grievous bodily harm and death is the result; extreme recklessness regarding homicidal risk and death is the result; or an intent to kill but without premeditation and deliberation, an excuse, or mitigating circumstances (which could lower the charge to voluntary manslaughter).
- Voluntary manslaughter is an intentional killing of a human being without malice aforethought committed in the heat of passion due to adequate provocation. Involuntary manslaughter is the killing of another human being due to recklessness (majority law) or gross negligence (minority law); or a killing during the commission of a misdemeanor or a felony that does not qualify for felony murder.
- Criminal assault has two types: (1) an attempted battery, and (2) an with the specific intent to cause reasonable fear of imminent bodily harm to another and the victim feels apprehension of such imminent bodily harm. Battery requires an act with intent to cause harmful or offensive contact to another and harm results.
- A child owes the duty of care of a hypothetical child of similar age, intelligence, and experience, acting under similar circumstances. The exception is if the child is engaged in an adult activity, and then the child will be held to the same standard of care as a reasonably prudent adult engaged in such activity.
- An invitee is one that enters land to confer an economic benefit or one that enters land that is open to the public at large.
- The defendant must intentionally or recklessly engage in extreme or outrageous conduct which causes severe emotional distress.
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