With just a few weeks left until the Uniform Bar Exam, it is time to see if you are on track! This short Uniform Bar Exam quiz has questions and answers about the most highly tested areas of law on the multistate essay exam. (Note that you will also see many of these issues tested on the multistate bar exam!) We recommend you review the questions, see how many of them you know, then review the answers.
This is a mixture of questions from a mixture of subjects!
Uniform Bar Exam Quiz:
1. Agency: What is apparent authority?
The elements are: (a) the person dealing with the agent must does so with a reasonable belief in the agent’s authority; and, (b) the belief must be generated by some act or neglect on the part of the principal.
2. Civil Procedure: What factors should you discuss if a preliminary injunction is tested on the MEE?
Four factors are considered in whether a court should grant a preliminary injunction: (1) the significance of the threat of irreparable harm to the plaintiff if the injunction is not granted; (2) the balance between this harm and the injury that granting the injunction would inflict on the defendant; (3) the probability that the plaintiff will succeed on the merits; and (4) the public interest.
3. Constitutional Law: What is the standard of scrutiny for a speech restriction in a non-public forum?
A speech restriction in a non-public forum must be viewpoint neutral and reasonably related to a legitimate governmental interest.
4. Constitutional Law: What is the standard of scrutiny for a speech restriction in a public forum?
A speech restriction in a public forum must be content neutral, narrowly tailored to serve an important governmental interest, and leave open alternative channels of communication.
5. Corporations: What are defenses to liability for breach of a duty of loyalty?
The Revised Model Business Corporation Act has three safe harbors: (1) approval by disinterested directors, (2) approval by disinterested shareholders, and (3) the transaction must be fair at the time it is entered into.
6. Secured Transactions: What are the requirements of attachment?
(1) Value must have been given by the secured party to the debtor (e.g., a loan), (2) the debtor must have rights in the collateral, and (3) there must be a binding security agreement.
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