MBE Review

Question 1

T

EXPERT’S OPINIONS MAY BE BASED ON FACTS

Answer 1

1. LEARNED BEFORE THE TRIAL
2. LEARNED AT THE TRIAL

Question 2

3

FACTORS FOR EVALUATING THE PREDOMINATE PURPOSE RULE ARE

Answer 2

1. LANGUAGE OF CONTRACT
2. NATURE OF SUPPLIER’S BUSINESS
3. RELATIVE VALUE OF GOODS VS. SERVICES

Question 3

1

QUANTUM MERUIT IS THIS TYPE OF CONTRACT

Answer 3

1. IMPLIED-IN-FACT

Question 4

4

MEANS OF REVOKING OFFER

Answer 4

1. LAPSE
2. DEATH BY OFFEROR
3. REVOCATION BY OFFEROR
4. REJECTION BY OFFEREE

Question 5

2

INDIRECT REVOCATION OCCURS WHEN

Answer 5

1. OFFEROR ACTS IN AN WAY INCONSITENT WITH INTENTION TO MAINTAIN OFFER
2. OFFEREE LEARNS ABOVE ACTION FROM RELIABLE SOURCE

Question 6

2

OPTION CONTRACT

Answer 6

1. OFFEREE AGREES TO KEEP OFFER OPEN FOR AGREED UPON PERIOD OF TIME
2. IN EXCHANGE FOR CONSIDERATION FROM OFFEREE

Question 7

T

MAJORITY RULE - WHERE CONTRACTOR USES SUB-CONTRACTOR’S BIDS TO MAKE HIS OWN BID, WHAT MAY CONTRACTOR USE TO ENFORCE SUB-CONTRACTOR’S BIDS?

Answer 7

PROMISSORY ESTOPPEL

Question 8

3

ACCEPTANCE OF CONTRACT OFFER BY SILENCE CAN OCCUR WHERE

Answer 8

1. IMPLIED IN FACT
2. PRIOR DEALINGS CREATE REASON FOR OFFERREE TO NOTIFY OFERROR HE DOES NOT INTENT TO ACCEPT
3. OFFEREE GIVES OFFEROR CLEAR REASON TO EXPECT SILENCE WILL CONSTITUTE ACCEPTANCE

Question 9

6

UCC TERMS MATERIALLY ALTERING CONTRACT

Answer 9

1. WARRANTY DISCLAIMERS
2. CHANGE TO PRICE, QUALITY, QUANTITY
3. DISPUTE RESOLUTION
4. CLAUSES CHANGING INDUSTRY STANDARDS
5. CLAUSES CHANGING STANDARDS OF PRIOR DEALINGS
6. ATTORNEY’S FEES PROVISIONS

Question 10

4

EXCEPTIONS TO THE PREEXISTING DUTY RULE

Answer 10

1. CHANGED CIRCUMSTANCES
2. RATIFY VOIDABLE OBLIGATION
3. HONESTY DISPUTE OF DUTY
4. DUTY IS TO THIRD PARTY

Question 11

1

UNDER THE UCC, CONDITIONED ACCEPTANCE IS NOT

Answer 11

1. ACCEPTANCE

Question 12

T

IMPLIED IN FACT CONTRACTS ARE TYPICALLY CREATED BY

Answer 12

CONDUCT

Question 13

2

PERFECT TENDER RULE - A SHIPMENT OF NON-CONFORMING GOODS WILL ALLOW SELLER TO

Answer 13

1. ACCEPT NON-CONFORMING GOODS
2. REJECT NON-CONFORMING GOODS
3. CEASE PERFORMANCE

Question 14

1

REMEDY OF NON-BREACHING LOST VOLUME SELLER

Answer 14

1. DEMAND THE EXPECTED PROFIT OF THE CONTRACT

Question 15

5

UCC 2-706 - NON-BREACHING SELLER’S REMEDY IN RECEIPT REJECTED BUT CONFORMING GOODS

Answer 15

1. SELL THE GOODS AT A PRIVATE OR PUBLIC SALVAGE SALE
2. AFTER NOTICE TO BREACHING BUYER
3. DEMAND EXCESS OF CONTRACT PRICE OVER SALVAGE SALE PRICE
4. PLUS INCIDENTAL EXPENSES
5. MINUS EXPENSES SAVED FROM BREACH

Question 16

1

UCC 2-508 BREACHING SELLER’S RIGHT TO CURE - BREACHING SELLER HAS RIGHT ABSOLUTE RIGHT TO CURE WITHIN CONTRACT PERIOD IF

Answer 16

1. NOTICE IS GIVEN OF INTENT TO CURE

Question 17

2

UCC 2-508 - BREACHING SELLER WHO HAS SHIPPED NON-CONFORMING GOODS HAS EXTRA REASONABLE PERIOD TO CURE WHERE

Answer 17

1. NOTICE IS GIVEN OF INTENT TO CURE
2. NON-CONFORMING GOODS ARE SHIPPED WITH REASONABLE BELIEF OF THEIR CONFORMITY

Question 18

3

UCC 2-104 - MERCHANT

Answer 18

1. A PERSON DEALING WITH GOODS OF THE KIND
2. OR HAS KNOWLEDGE OR SKILL PECULIAR TO THE PRACTICES OR GOODS INVOLVED IN THE CONTRACT
3. OR EMPLOYS ONE WITH SUCH KNOWLEDGE OR SKILL

Question 19

2

UCC STATUTE OF FRAUDS - IF BOTH PARTIES ARE MERCHANTS, THE WRITING REQUIREMENT MAY BE SATISFIED BY

Answer 19

1. SALES CONFIRMATION LISTING QUANTITY
2. NOT OBJECTED TO WITHIN 10 DAYS

Question 20

2

UCC 2-704 NON-BREACHING SELLER’S RIGHT TO COMPLETE GOODS INTENDED FOR BREACHING BUYER

Answer 20

1. SELLER MAY FINISH GOODS IF REASONABLY BELIEVES CAN SELL TO ANOTHER BUYER
2. OR SCRAP EFFORTS AND CEASE PRODUCTION

Question 21

1

UCC 2-704 NONBREACHING BUYER’S CHOICE TO CONTINUE PRODUCTION FOR BREACHED CONTRACT IS BASED ON

Answer 21

1. REASONABLE BUSINESS PERSON STANDARD

Question 22

3

UCC - TO PROVE HE IS LOST VOLUME SELLER, SELLER MUST SHOW

Answer 22

1. HE MAKES HIGH VOLUME OF SIMILAR GOODS
2. HE HAS MULTIPLE BUYERS
3. VOLUME SALES BREAK EVEN OR MAKE A PROFIT

Question 23

1

WHERE SELLER MAKES MORE MONEY IN RESALE OF WRONGFULLY REJECTED CONFORMING GOODS, PROFIT BELONGS TO

Answer 23

1. SELLER

Question 24

2

UCC SELLER’S ACTION ON THE PRICE REMEDY IF BUYER FAILS TO PAY FOR GOODS WHEN PAYMENT BECOMES DUE

Answer 24

1. SELLER MAY RECOVER CONTRACT PRICE FOR GOODS
2. PLUS INCIDENTAL DAMAGES

Question 25

# 3 UCC ACTION ON THE PRICE TRIGGERS

Answer 25

1. BUYER HAS GOODS AND WONT PAY 2. OR SELLER MAKES REASONABLE EFFORT TO RESELL GOODS AND CAN'T 3. OR RESALE OF GOODS WOULD BE FUTILE

Question 26

# 3 TO ADMIT A PRIOR INCONSISTENT STATEMENT AS **SUBSTANTIVE EVIDENCE** UNDER THE FRE, THE OFFERING PARTY MUST SHOW

Answer 26

1. THE PRIOR STATEMENT IS INCONSISTENT WITH WITNESS'S PRESENT TESTIMONY 2. THE PRIOR STATEMENT WAS GIVEN UNDER OATH 3. THE WITNESS HAS BEEN X-EXAMINED ABOUT THE PRIOR STATEMENT IN THE CURRENT TRIAL

Question 27

# 1 TO ADMIT A PRIOR INCONSISTENT STATEMENT AS SUBSTANTIVE EVIDENCE UNDER THE CALIFORNIA EVIDENCE CODE, THE OFFERING PARTY MUST

Answer 27

1. X-EXAM THE IMPEACHED WITNESS IN THE CURRENT PROCEEDING ABOUT THE STATEMENT

Question 28

# 2 CEC ALLOWS PRIOR INCONSISTENT STATEMENTS TO BE ADMITTED AS SUBSTANTIVE EVIDENCE WHERE THE PRIOR STATEMENTS WERE MADE

Answer 28

1. NOT UNDER OATH 2. UNDER OATH

Question 29

# 1 EXCEPTION TO PRIOR CONSISTENT STATEMENT STATUS AS NON-HEARSAY UNDER FRE - USE OF PCS STATEMENT WILL NOT BE ADMISSIBLE WHERE IT WAS

Answer 29

1. IDENTIFICATION BY WITNESS IN A LINEUP

Question 30

# 1 THE SCOPE OF X-EXAM FOR A HOSTILE OR NON-HOSTILE WITNESS IS LIMITED TO

Answer 30

1. THE SCOPE OF DIRECT EXAM

Question 31

# 2 RANDOM AUTOMOBILE STOPS ARE OK IF

Answer 31

1. STOP IS BASED ON NEUTRAL STANDARD 2. STOPS ARE RELATED TO VEHICLE SAFETY

Question 32

# 2 IMPEACHMENT OF A WITNESS WITH UNRELATED, COLLATERAL MATTERS

Answer 32

1. IS NOT PERMITTED 2. NO RELEVANCY

Question 33

# 1 A FEE SIMPLE DEFEASIBLE MAY TAKE THESE THINGS FROM THE LAND

Answer 33

1. RESOURCES

Question 34

# 2 SPOUSAL PRIVILEGE - COMMUNICATIONS PRIVILEGE APPLIES TO COMMUNICATIONS MADE

Answer 34

1. DURING MARRIAGE 2. BY EITHER SPOUSE

Question 35

# 2 SPOUSAL PRIVILEGE - TESTIMONIAL PRIVILEGE MAY BE ASSERTED IN

Answer 35

1. CIVIL CASES 2. CRIMINAL CASES

Question 36

# 1 SPOUSAL PRIVILEGE - TESTIMONIAL PRIVILEGE IS HELD BY

Answer 36

1. THE WITNESS SPOUSE

Question 37

# 3 SPOUSAL PRIVILEGE - FRE - TESTIMONIAL PRIVILEGE - COURT CANNOT COMPEL A WITNESS

Answer 37

1. TO TESTIFY AGAINST HER SPOUSE 2. IN A CRIMINAL PROCEEDING 3. OR CIVIL PROCEEDING UNDER CEC