A Short Uniform Bar Exam Quiz: Are you Ready for the Essays?
Here, we have a short Uniform Bar Exam quiz to see if you are ready for the essay portion of the Uniform Bar Exam. This is strictly a test of memorization!
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.
1. Agency: What are the elements of apparent authority?
2. Civil Procedure: What is federal question jurisdiction? (Please explain)
3. Constitutional Law: What is intermediate scrutiny under the equal protection clause?
4. Contracts: What is an anticipatory repudiation?
5. Corporations: Describe the business judgment rule.
6. Conflicts: What test is used to determine which law applies in a tort claim? Name the test and state the factors.
7. Criminal Law: What is voluntary manslaughter?
Answers to the Uniform Bar Exam Quiz
1. The elements of apparent authority are as follows: (1) the person dealing with the agent must do so with a reasonable belief in the agent’s authority and (2) the belief must be generated by some act or neglect on the part of the principal.
2. For a federal court to have federal question jurisdiction, the federal question must appear on the plaintiff’s well-plead complaint. It cannot appear in the answer; further, the plaintiff cannot merely anticipate a federal defense in its complaint.
3. Intermediate scrutiny: The government must prove the classification is substantially related to an important government interest. This applies to classifications regarding gender and illegitimacy
4. This occurs when there is an unequivocal manifestation by one party to the other that the party cannot or will not perform its obligations under the contract (a mere expression of doubt is not enough) and this statement is made before the repudiating party’s performance is due. The other party may wait for a reasonable time for performance or resort to any remedy for breach of contract.
5. There is a presumption that, “in making a business decision, the directors acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interest of the company.” Directors must be informed to an extent that they reasonably believe is appropriate.
6. A jurisdiction analyzes a specific tort claim under the “most significant relationship” approach found in the Restatement (Second) of Conflict of Laws. The Restatement lists four factors to determine which state has the most significant relationship to the occurrence and the parties (mnemonic = “I Can’t Dance, Really.” Picture someone dancing and negligently hitting someone else in the head with his arm, which happened to cross state lines and cause a tort claim to arise :)):
- (1) the place where the injury occurred;
- (2) the place where the conduct causing the injury occurred;
- (3) the domicile, residence, nationality, place of incorporation, and place of business of the parties; and
- (4) the place where the relationship, if any, between the parties is centered.
7. Voluntary manslaughter is an intentional killing of a human being without malice aforethought committed in the heat of passion due to adequate provocation
Not happy with your score?
Purchase our MEE one-sheets! Our MEE one-sheets contain the highly tested areas of law in one page each. Also consider signing up for our Multistate Essay Exam seminar, where we cover issues ripe for testing and highly tested issues!
Look out for Quiz #2!
We will have another quiz tomorrow!
(Note: this quiz does not test “predictions”. It just covers highly tested areas of law!)
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