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OH Bar practice questions

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Question 1Civil Procedure

Under the Ohio Rules of Civil Procedure, a plaintiff must commence a civil action by filing a complaint with the clerk of courts and doing what else?

  1. Serving the defendant with summons and a copy of the complaint within the time allowed by Rule 4 Correct answer.
  2. Mailing a courtesy copy of the complaint to the county prosecutor
  3. Obtaining leave of court before the complaint may be filed
  4. Publishing notice of the action in a newspaper of general circulation

Explanation

Ohio follows notice pleading under Civ. R. 8(A), and Civ. R. 3(A) makes commencement complete only when the complaint is filed and the defendant is served with summons and a copy of the complaint. Filing alone does not commence the action for limitations purposes unless service is perfected within the rule's time limits.

Question 2Civil Procedure

A defendant in an Ohio common pleas court receives proper service of a summons and complaint. Absent a statutory extension, how many days does the defendant have to serve an answer?

  1. 21 days
  2. 28 days Correct answer.
  3. 30 days
  4. 14 days

Explanation

Civ. R. 12(A)(1) gives a defendant 28 days after service of the summons and complaint to serve an answer or a Rule 12 motion. The period is measured from service, not from filing, and is extended for certain defendants such as those served outside Ohio.

Question 3Civil Procedure

In Ohio, a party who wants a jury trial in a civil action must make a written demand no later than how many days after the last pleading is served?

  1. 7 days
  2. 14 days Correct answer.
  3. 28 days
  4. 21 days

Explanation

Civ. R. 38(B) requires a written jury demand within 14 days after service of the last pleading directed to the issue to be tried by jury. Failure to demand waives the right, though the court may allow a late demand in its discretion.

Question 4Civil Procedure

Which discovery device in Ohio practice is used to obtain a party's sworn, transcribed testimony before trial, subject to cross-examination?

  1. Deposition Correct answer.
  2. Request for admission
  3. Request for production of documents
  4. Interrogatory

Explanation

A deposition under Civ. R. 30 captures oral testimony under oath, recorded by stenographic or other means, with the opportunity for cross-examination. Interrogatories and document requests elicit written information rather than live testimony.

Question 5Civil Procedure

A plaintiff files suit in an Ohio municipal court. Which statement best describes the jurisdictional basis of Ohio's municipal courts?

  1. They may hear only criminal traffic cases and nothing civil
  2. They exercise limited jurisdiction set by statute, generally over claims below a monetary threshold and certain specified matters Correct answer.
  3. They have exclusive jurisdiction over all real property disputes in the county
  4. They are courts of general jurisdiction with the same subject-matter authority as the court of common pleas

Explanation

Ohio municipal courts are statutory courts of limited jurisdiction, with civil authority generally capped by a monetary amount and defined categories of cases set by the Revised Code. The court of common pleas, by contrast, is the court of general jurisdiction under Section 4, Article IV of the Ohio Constitution.

Question 6Civil Procedure

A defendant believes the complaint fails to state a claim upon which relief can be granted. Under the Ohio Rules of Civil Procedure, which motion is the proper vehicle, and when must it be raised?

  1. A Civ. R. 60(B) motion, raised after judgment is entered
  2. A motion in limine, raised at the final pretrial conference
  3. A motion for summary judgment, raised at any time before trial
  4. A Civ. R. 12(B)(6) motion, raised before pleading in response to the complaint Correct answer.

Explanation

Failure to state a claim is an enumerated defense under Civ. R. 12(B)(6) and must be presented by motion before the responsive pleading. If omitted from a Rule 12 motion, the defense is waived except for failure to state a claim, which may be raised later under Civ. R. 12(H)(2).

Question 7Civil Procedure

A plaintiff sues in an Ohio common pleas court and serves the defendant by certified mail. The defendant wishes to challenge the sufficiency of service of process. How should the defendant preserve that objection?

  1. Ignore the complaint entirely and raise the defect for the first time on appeal
  2. File a counterclaim and thereby waive the objection
  3. File a notice of removal to federal court
  4. Raise it by motion under Civ. R. 12(B) before answering, or include it in the answer if no pre-answer motion is made Correct answer.

Explanation

Insufficiency of service of process is a Civ. R. 12(B) defense that is waived if not raised in the first responsive pleading or in a timely pre-answer motion. Raising it in the answer or by motion preserves the issue for review.

Question 8Civil Procedure

An Ohio plaintiff wishes to amend the complaint to add a new claim after the defendant has already filed an answer. What is the general rule for amendment?

  1. The plaintiff may amend freely at any time before trial without leave
  2. The plaintiff may amend only with the defendant's written consent filed with the clerk
  3. The plaintiff may amend once as a matter of course within 28 days after service of the answer or within 28 days after a Rule 12 motion is granted Correct answer.
  4. The plaintiff must always obtain leave of court, because the answer has closed the pleadings

Explanation

Civ. R. 15(A) permits one amendment as a matter of course within 28 days after service of the responsive pleading or within 28 days after service of a motion under Rule 12(b), (e), or (f). After that window, amendment requires the opposing party's written consent or leave of court, which is freely given when justice so requires.

Question 9Civil Procedure

A defendant in an Ohio action wants to assert that the plaintiff's claim is barred because the same dispute was already litigated to judgment in a prior case. Which responsive device fits best?

  1. A motion to strike under Civ. R. 12(F)
  2. A Civ. R. 12(B)(6) motion to dismiss for failure to state a claim
  3. A third-party complaint against the prior court
  4. An affirmative defense of res judicata pleaded in the answer Correct answer.

Explanation

Claim preclusion (res judicata) and issue preclusion are affirmative defenses that must be pleaded under Civ. R. 8(C). A Rule 12(B)(6) motion can sometimes reach a dispositive prior judgment appearing on the face of the complaint, but the ordinary and safest vehicle is pleading the defense in the answer.

Question 10Civil Procedure

A plaintiff serves 40 interrogatories on a corporate defendant in an Ohio case. The defendant objects. What is the correct framework for the court's review?

  1. Only the court may serve interrogatories, so the plaintiff's request is void
  2. Civ. R. 33 limits interrogatories to 40 including subparts absent leave of court or stipulation, and the court evaluates the objection under that limit Correct answer.
  3. The limit is 25 interrogatories, and the excess is automatically stricken
  4. Interrogatories are unlimited, so the objection must be overruled

Explanation

Civ. R. 33(A) caps interrogatories, including discrete subparts, at 40 unless the court grants leave or the parties stipulate otherwise. A party may object to excessive interrogatories, and the court then determines whether the limit has been exceeded or leave should be granted.

Question 11Civil Procedure

During a deposition in an Ohio civil case, counsel for the deponent repeatedly instructs the witness not to answer questions on the ground that the questions are objectionable in form. What is the proper approach under the Ohio Rules?

  1. Counsel may terminate the deposition unilaterally and seek sanctions
  2. Counsel may instruct the witness not to answer whenever any objection is made
  3. Counsel must suspend the deposition and immediately appeal to the court of appeals
  4. Counsel must state the objection on the record, and the witness generally must answer subject to the objection, with instructions not to answer reserved for privilege or court-ordered limits Correct answer.

Explanation

Under Civ. R. 30(C), objections are noted on the record and the examination proceeds; the witness answers subject to the objection. An instruction not to answer is limited to situations such as asserting a privilege or enforcing a court-imposed limitation, and improper instructions may draw a motion to compel or sanctions.

Question 12Civil Procedure

An Ohio plaintiff has completed discovery and believes there is no genuine issue of material fact. What must the plaintiff show to obtain summary judgment under Civ. R. 56?

  1. That the defendant failed to respond to discovery within 14 days
  2. That the trial judge finds the plaintiff's evidence more credible than the defendant's
  3. That there is no genuine issue as to any material fact, the movant is entitled to judgment as a matter of law, and reasonable minds could reach only one conclusion Correct answer.
  4. That the pleadings alone contain no dispute and the plaintiff's version is more persuasive

Explanation

Civ. R. 56(C) permits summary judgment only when the evidence, construed in the nonmovant's favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Credibility and weighing of evidence are reserved for the trier of fact and cannot support summary judgment.

Question 13Civil Procedure

A defendant in an Ohio action files a permissive counterclaim against the plaintiff. The plaintiff does not respond to the counterclaim within the answer period. What is the consequence under the Ohio Rules?

  1. The counterclaim is converted into an affirmative defense
  2. The counterclaim is automatically dismissed for want of prosecution
  3. The defendant must refile the counterclaim in a separate action
  4. The allegations of the counterclaim may be deemed admitted, and default judgment may enter if the plaintiff fails to plead or defend Correct answer.

Explanation

A counterclaim is a pleading that requires a responsive pleading, and a party who fails to answer may have the allegations taken as true and face default. Civ. R. 55 governs default and default judgment, which the court may enter after the party fails to plead or otherwise defend.

Question 14Civil Procedure

An Ohio plaintiff obtains a final judgment, but the defendant fails to pay. Which post-judgment step is available to the plaintiff to collect?

  1. Request a new jury trial on the amount owed
  2. File a second lawsuit on the same claim to obtain a larger judgment
  3. Move to vacate the judgment under Civ. R. 60(B) to restart the case
  4. Serve interrogatories in aid of execution and seek a garnishment order under Chapter 2716 of the Revised Code Correct answer.

Explanation

After judgment, a creditor may use post-judgment discovery in aid of execution and statutory garnishment proceedings to reach the debtor's property and earnings. Civ. R. 69 and Revised Code Chapter 2716 supply the machinery for execution and garnishment.

Question 15Civil Procedure

An Ohio litigant seeks relief from a final judgment more than a year after entry, alleging that the judgment is void because the court lacked subject-matter jurisdiction. Which provision applies?

  1. Civ. R. 59, which requires a new trial motion within 14 days
  2. Civ. R. 12(B)(1), which must be raised before judgment becomes final
  3. Civ. R. 60(B)(1), which requires a motion within one year
  4. Civ. R. 60(B)(4), which permits relief from a void judgment without the one-year limit Correct answer.

Explanation

Civ. R. 60(B) lists grounds for relief from judgment, and a void judgment falls under 60(B)(4), which is not subject to the one-year limitation that applies to grounds such as mistake or excusable neglect. A judgment entered without subject-matter jurisdiction is void and may be attacked on that basis.

Question 16Civil Procedure

A plaintiff sues two defendants in Ohio state court on a state-law claim. One defendant wishes to remove the case to federal court. Which condition is essential for removal to be proper?

  1. The case could have been filed originally in federal court, and all defendants who have been properly joined and served join in or consent to removal Correct answer.
  2. The plaintiff consents to removal in writing
  3. At least one defendant resides in Ohio, regardless of the federal question or diversity
  4. The state court judge approves the removal order

Explanation

Removal under 28 U.S.C. § 1441 requires that the action be one over which the federal district court would have original jurisdiction. Under the judicially developed rule of unanimity, all properly joined and served defendants must join or consent to the notice of removal.

Question 17Civil Procedure

An Ohio court enters judgment on a jury verdict. The losing party believes the verdict is against the manifest weight of the evidence. Which post-trial motion is the appropriate vehicle, and what is the general deadline?

  1. A Civ. R. 60(B) motion, filed within one year of judgment
  2. A Civ. R. 50(B) motion for judgment notwithstanding the verdict, filed within 14 days after entry of judgment
  3. A Civ. R. 59 motion for a new trial, served within 14 days after entry of judgment Correct answer.
  4. A Civ. R. 12(B)(6) motion, filed before the verdict is journalized

Explanation

A claim that the verdict is against the manifest weight of the evidence is raised by a Civ. R. 59 motion for a new trial, which must be served within 14 days after entry of judgment unless the court extends the time. A Rule 50(B) motion challenges the legal sufficiency of the evidence, not its weight.

Question 18Constitutional Law

Under the Ohio Constitution, which court is established as the state's court of last resort?

  1. The Ohio Court of Appeals
  2. The Ohio Court of Claims
  3. The Ohio Common Pleas Court
  4. The Ohio Supreme Court Correct answer.

Explanation

Article IV of the Ohio Constitution establishes the Supreme Court as the highest court in the state and vests it with final appellate jurisdiction over Ohio law. The other listed courts are lower or specialized tribunals created by statute or by Article IV provisions.

Question 19Constitutional Law

The Ohio Bill of Rights in Article I, Section 1 declares that all men are born equally free and independent and possess certain inherent rights. Which of the following is among the rights the section identifies?

  1. The right to free public schooling
  2. The right to bear arms
  3. The right to acquire, possess, and protect property Correct answer.
  4. The right to a grand jury indictment

Explanation

Article I, Section 1 lists inherent rights including enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety. The right to alter, reform, or abolish government is addressed in Section 2. The remaining options concern rights outside Section 1.

Question 20Constitutional Law

Ohio's Constitution may be amended through an initiated constitutional amendment proposed by the people. What signature threshold must an initiative petition meet to place such an amendment on the ballot?

  1. Ten percent of the total vote cast for President in the last presidential election
  2. Fifteen percent of the total vote cast for governor in the last gubernatorial election
  3. A majority of the total number of registered voters statewide
  4. Ten percent of the total vote cast for governor in the last gubernatorial election Correct answer.

Explanation

Article II, Section 1 of the Ohio Constitution requires an initiated amendment petition to be signed by qualified electors equal to at least ten percent of the total vote cast for the office of governor at the most recent gubernatorial election. The proposal then goes to the voters at a subsequent election.

Question 21Constitutional Law

A city ordinance prohibits any person from soliciting contributions in a public park. A charity challenges the ordinance as violating the Ohio Constitution's protections for speech and assembly. Which standard should the court apply to the restriction?

  1. Rational basis review, because parks are public property
  2. Intermediate scrutiny, because charitable solicitation is commercial speech
  3. Strict scrutiny, because the ordinance restricts protected expressive activity in a traditional public forum Correct answer.
  4. No review, because the state constitution does not protect solicitation

Explanation

Parks are traditional public fora, and charitable solicitation is expressive activity protected under Article I, Section 11. Content-based restrictions on speech in a public forum are upheld only if narrowly tailored to serve a compelling state interest.

Question 22Constitutional Law

A defendant in an Ohio felony case was convicted after trial. Under the Ohio Constitution, where does the defendant first seek appellate review of the conviction?

  1. Directly to the Ohio Supreme Court
  2. A federal district court
  3. The Ohio Court of Claims
  4. The court of appeals for the district in which the trial court sits Correct answer.

Explanation

Ohio's intermediate appellate courts, organized by appellate districts, hear appeals from common pleas court judgments as of right. The Supreme Court generally exercises discretionary review afterward, and federal courts are a separate system.

Question 23Constitutional Law

Ohio's Constitution requires that the state provide a system of common schools. Which provision addresses this obligation?

  1. Article IV, Section 4
  2. Article I, Section 2
  3. Article VI, Section 2 Correct answer.
  4. Article II, Section 1

Explanation

Article VI, Section 2 directs the General Assembly to make suitable provision for the thorough and efficient system of common schools throughout the state. It is the constitutional foundation for Ohio school-funding litigation.

Question 24Constitutional Law

An Ohio statute requires candidates for a local office to file a nominating petition but exempts candidates who have already served one term. A newly eligible candidate challenges the exemption as violating equal protection under the Ohio Constitution. Which analysis is most appropriate?

  1. The court applies strict scrutiny because the classification involves wealth
  2. The court refuses review because elections are a political question
  3. The court applies rational basis review because ballot-access rules are generally upheld unless they impose a severe burden Correct answer.
  4. The court applies strict scrutiny because candidacy is a fundamental right

Explanation

Ohio courts generally review ballot-access and candidacy regulations under a deferential standard, upholding them if they are reasonable and nondiscriminatory. Strict scrutiny applies only where the regulation severely burdens voters' or candidates' rights.

Question 25Constitutional Law

Under Article I, Section 14 of the Ohio Constitution, which right is guaranteed in criminal prosecutions?

  1. The right to counsel only in capital cases
  2. The right to a speedy public trial by an impartial jury Correct answer.
  3. The right to a free transcript on appeal in all cases
  4. The right to indictment by information in every felony

Explanation

Article I, Section 14 guarantees the accused a speedy public trial by an impartial jury of the county or district where the offense occurred, along with related procedural protections. The other listed rights are not the guarantee stated in that section.

Question 26Constitutional Law

The Ohio General Assembly passes a bill and sends it to the governor. The governor does not sign or veto it, and the legislature remains in session. What happens to the bill under the Ohio Constitution?

  1. It dies automatically at the end of the session
  2. It must be repassed by a two-thirds vote
  3. It becomes law only if the governor later signs it
  4. It becomes law after ten days, excluding Sundays Correct answer.

Explanation

Article II, Section 16 provides that if the governor neither signs nor returns a bill with objections within ten days (Sundays excepted) while the General Assembly is in session, the bill becomes law as if signed. A pocket veto occurs only when the legislature adjourns before the period expires.

Question 27Constitutional Law

A state agency adopts a rule restricting an activity. A challenger argues the agency exceeded the authority the General Assembly delegated to it. Under Ohio law, how is such a delegation analyzed?

  1. Delegations are valid only if the governor personally approves each rule
  2. Delegations are reviewed under strict scrutiny as infringements on liberty
  3. Delegations are always invalid because legislative power cannot be delegated
  4. Delegations are valid if the legislature provides reasonable standards to guide the agency's discretion Correct answer.

Explanation

Ohio follows the nondelegation principle that the General Assembly may confer rulemaking authority on administrative bodies so long as it supplies adequate standards and limits to guide the exercise of that discretion. A delegation without meaningful standards may be invalid.

Question 28Constitutional Law

Article I, Section 7 of the Ohio Constitution protects against unreasonable searches and seizures. Which statement best describes its relationship to the Fourth Amendment?

  1. The state provision applies only to state officers, never to local police
  2. Ohio courts may interpret the state provision to provide greater protection than the federal Constitution Correct answer.
  3. The state provision has been held unenforceable
  4. Ohio's provision is interpreted identically to the Fourth Amendment in every case

Explanation

State constitutions may serve as independent sources of individual liberties, and Ohio courts have at times construed Article I, Section 7 to afford broader protection than the Fourth Amendment. Federal constitutional guarantees operate as a floor, not a ceiling.

Question 29Constitutional Law

Ohio's Constitution addresses the right to keep and bear arms. Which statement accurately reflects that provision?

  1. It prohibits all firearm regulation by the state
  2. It does not exist in the Ohio Constitution
  3. It applies only to members of a militia
  4. It guarantees an individual right subject to reasonable regulation for safety Correct answer.

Explanation

Article I, Section 4 protects the right of the people to keep and bear arms for defense and security, but Ohio courts have recognized that the right is subject to reasonable regulation under the police power. The provision does not bar all regulation.

Question 30Constitutional Law

A criminal defendant in Ohio argues that the state constitution's protections against self-incrimination should be construed more broadly than the Fifth Amendment. Which principle supports considering that argument?

  1. Federal courts have exclusive authority to interpret state constitutional provisions
  2. State constitutional rights are subordinate to statutory enactments
  3. State constitutions may independently guarantee rights beyond federal minima Correct answer.
  4. The Supremacy Clause requires state courts to follow federal precedent exactly

Explanation

Each state constitution is an independent charter that can protect individual rights more expansively than the federal Constitution. Ohio courts may construe Article I, Section 10 to provide greater protection than the Fifth Amendment.

Question 31Constitutional Law

The Ohio Constitution's Article I, Section 2 protects religious liberty. Which statement best describes the standard Ohio courts apply to a neutral, generally applicable law that incidentally burdens religious practice?

  1. The law is invalid unless the state shows a compelling interest
  2. The law is generally upheld if it is neutral and generally applicable Correct answer.
  3. The law is upheld only if the affected religion is formally recognized
  4. The law is invalid because it touches religion at all

Explanation

Following the neutral-and-general-applicability approach, Ohio courts generally uphold facially neutral laws that incidentally burden religious exercise, absent animus or individualized exemptions. A compelling-interest test applies where a law targets religious conduct or creates discretionary exceptions.

Question 32Constitutional Law

Ohio's Constitution provides for the election of judges. Which statement correctly describes judicial selection under the Ohio Constitution?

  1. Judges are appointed by the governor for life
  2. Judges are selected by a nonpartisan commission without elections
  3. Judges are chosen by the General Assembly
  4. Judges are elected by the voters for specified terms Correct answer.

Explanation

Article IV provides that Ohio judges are elected by the electors of their districts or counties for fixed terms. This distinguishes Ohio from states that use appointment or merit-selection systems.

Question 33Constitutional Law

The Ohio Constitution requires that the state's finances be conducted through a budget and prohibits the incurring of debt beyond specified limits. Which Article primarily addresses state finance and taxation?

  1. Article III
  2. Article VIII Correct answer.
  3. Article V
  4. Article IX

Explanation

Article VIII of the Ohio Constitution governs public debt and works, imposing limits on state indebtedness and specifying when voter approval is required. Articles III, V, and IX address the executive, elections, and counties respectively.

Question 34Constitutional Law

A county official is accused of misconduct in office. Which body under the Ohio Constitution has authority to remove certain state and county officers?

  1. The Ohio Supreme Court alone
  2. The House of Representatives by impeachment and the Senate by trial Correct answer.
  3. The governor by unilateral order
  4. The board of county commissioners

Explanation

Article II, Section 24 vests the House of Representatives with the sole power of impeachment and the Senate with the power to try impeachments, with conviction requiring a two-thirds vote. This mirrors the federal structure.

Question 35Contracts

A landlord and tenant sign a one-year lease for an apartment. Under the Statute of Frauds as applied in Ohio, which circumstance would require the lease to be in writing and signed by the party to be charged?

  1. The lease term is one year or less but rent exceeds $500 monthly.
  2. The tenant pays the first month's rent in cash at signing.
  3. The lease term exceeds one year from the date the agreement is made. Correct answer.
  4. The lease contains an oral promise to make minor repairs.

Explanation

Ohio's Statute of Frauds requires leases that cannot be performed within one year from the making of the agreement to be in writing and signed by the party to be charged. A one-year lease measured from the date of agreement falls outside the statute, while a term exceeding one year falls within it.

Question 36Contracts

A homeowner emails a contractor: "I offer to pay you $8,000 to remodel my kitchen per the attached specifications." The contractor replies: "I accept, but I will need to start two weeks later than your schedule." Under common law contract principles, what is the effect of the contractor's reply?

  1. It is an acceptance because the UCC fills the gap.
  2. It is an invitation to negotiate rather than a response.
  3. It operates as a counteroffer because it adds a new term. Correct answer.
  4. It forms a binding contract because the change is minor.

Explanation

At common law, an acceptance must mirror the offer exactly; a purported acceptance that adds or changes a term is a counteroffer that operates as a rejection of the original offer. The start-date change is a material term, so the reply is a counteroffer rather than an acceptance.

Question 37Contracts

Which of the following is required for a valid mutual assent to arise through an offer and acceptance under Ohio contract law?

  1. The offeree must promise to perform in writing.
  2. The offer must specify a liquidated damages clause.
  3. The offer must be communicated to the offeree. Correct answer.
  4. The offer must be notarized before acceptance.

Explanation

An offer must be communicated to the offeree before it can be accepted; without communication, there is no power of acceptance. Notarization, a written promise, and a liquidated damages clause are not general prerequisites to contract formation.

Question 38Contracts

A buyer sends a purchase order for 500 widgets at $10 each. The seller ships 500 widgets but includes an invoice stating "$12 per unit." The buyer accepts the goods. Under the UCC, what price term governs?

  1. The purchase order price of $10 per unit. Correct answer.
  2. The invoice price of $12 per unit.
  3. A reasonable price set by a court.
  4. No contract exists because the terms conflict.

Explanation

Under UCC 2-207, a definite and seasonable expression of acceptance operates as an acceptance even though it states additional or different terms, and between merchants the different term is a proposal for addition. Where the parties have already formed a contract and the buyer accepts the goods, the price in the original offer controls unless the different term was expressly agreed.

Question 39Contracts

Which of the following promises is enforceable without consideration under the doctrine of promissory estoppel?

  1. A promise on which the promisee reasonably and foreseeably relied to their detriment. Correct answer.
  2. A promise to pay a debt barred by the statute of limitations.
  3. A promise to make a gift to a friend who expresses gratitude.
  4. A promise to give a charitable donation with no reliance.

Explanation

Promissory estoppel enforces a promise without consideration where the promisor should reasonably expect the promise to induce action or forbearance, and injustice can be avoided only by enforcement. Detrimental reliance must be reasonable and foreseeable.

Question 40Contracts

A tenant enters a two-year lease and then assigns the lease to a third party with the landlord's written consent. The landlord later sues for unpaid rent. Who is liable?

  1. Both the original tenant and the assignee may be liable. Correct answer.
  2. Only the assignee, because the assignment transfers all obligations.
  3. Only the original tenant, because assignment ends privity of estate.
  4. Neither party, because consent extinguishes the obligation.

Explanation

An assignment transfers the assignee's privity of estate, making the assignee liable for rent covenants running with the land, but the original tenant remains liable on privity of contract unless expressly released. Consent to assignment does not release the original tenant.

Question 41Contracts

A party seeks to enforce an oral agreement for the sale of land. The buyer paid part of the purchase price and made substantial improvements to the property with the seller's knowledge. Which doctrine is most likely to allow enforcement?

  1. The parol evidence rule.
  2. Part performance. Correct answer.
  3. Promissory estoppel.
  4. The doctrine of merger.

Explanation

The part performance doctrine permits enforcement of an oral land contract where the buyer has taken possession, paid part of the price, or made substantial improvements in reliance on the agreement, which would otherwise be barred by the Statute of Frauds.

Question 42Contracts

A seller and buyer agree orally that the seller will sell a used car for $5,000. The buyer pays $1,000 as a deposit. The seller later refuses to deliver. Under the UCC, which statement best describes the buyer's rights?

  1. The contract is enforceable only if the buyer sues within 30 days.
  2. The contract is unenforceable because cars require a notarized writing.
  3. The contract is unenforceable because it exceeds $500 and is oral.
  4. The contract is enforceable because the buyer made a partial payment. Correct answer.

Explanation

Under UCC 2-201, a contract for the sale of goods over $500 must be in writing, but a partial payment accepted by the seller satisfies the writing requirement to the extent of the payment. The buyer may recover the $1,000 paid or enforce the contract to that extent.

Question 43Contracts

A company offers a job to a candidate, who resigns from a current position and moves across the country in reliance. The company then revokes the offer before the start date. Which theory best supports the candidate's claim?

  1. The mailbox rule.
  2. Anticipatory repudiation.
  3. Promissory estoppel. Correct answer.
  4. The doctrine of substantial performance.

Explanation

Promissory estoppel can make a promise enforceable where the promisor reasonably expected reliance, the promisee relied to their detriment, and injustice would result without enforcement. The candidate's resignation and relocation are classic detrimental reliance.

Question 44Contracts

A contract contains a clause stating that the buyer's remedy for defective goods is limited to repair or replacement. The goods are defective and repair fails. Under the UCC, what is the likely result?

  1. The buyer may only recover nominal damages.
  2. The buyer must accept repair or replacement regardless of outcome.
  3. The limited remedy fails of its essential purpose, and the buyer may pursue other remedies. Correct answer.
  4. The clause is automatically void because it limits remedies.

Explanation

Under UCC 2-719, a limited remedy may be enforced unless it fails of its essential purpose, such as where repair or replacement does not cure the defect. When the exclusive remedy fails, the buyer may pursue the general remedies under the UCC.

Question 45Contracts

A party to a contract intentionally makes a false statement of material fact about the quality of goods, and the other party relies on it in entering the contract. Which cause of action is most appropriate?

  1. Fraudulent misrepresentation. Correct answer.
  2. Commercial impracticability.
  3. Mutual mistake.
  4. Innocent misrepresentation.

Explanation

Fraudulent misrepresentation requires a knowingly false statement of material fact made with intent to induce reliance, and justifiable reliance by the other party. The intentional nature of the false statement distinguishes it from innocent misrepresentation.

Question 46Contracts

A contract between two merchants contains a merger clause. The buyer later seeks to introduce evidence of a prior oral promise about product warranties. Under the parol evidence rule, how should the court rule?

  1. Admit the evidence only if the buyer can prove reliance.
  2. Exclude the evidence unless both parties are merchants.
  3. Exclude the evidence because the merger clause makes the writing integrated. Correct answer.
  4. Admit the evidence because oral promises are always admissible.

Explanation

A merger clause demonstrates that the writing is a fully integrated agreement, so prior or contemporaneous oral agreements are inadmissible under the parol evidence rule. The merchant status of the parties does not create an exception to the rule.

Question 47Contracts

A party seeks to avoid a contract based on a unilateral mistake about a material fact. Which additional circumstance is generally required for avoidance?

  1. The contract must be for goods over $500.
  2. The other party must have known or caused the mistake. Correct answer.
  3. The mistake must be mutual.
  4. The mistaken party must have acted negligently.

Explanation

A unilateral mistake generally does not permit avoidance unless the nonmistaken party knew or should have known of the mistake or caused it, or enforcement would be unconscionable. The mistake must also concern a material fact.

Question 48Contracts

A seller agrees to deliver goods by June 1 but notifies the buyer on May 1 that it will not perform. The buyer has not yet paid. What is the buyer's best immediate course of action?

  1. Sue for specific performance immediately without any demand.
  2. Do nothing because the contract is automatically void.
  3. Treat the notice as an anticipatory repudiation and pursue remedies now. Correct answer.
  4. Wait until June 1 to see if the seller performs.

Explanation

An anticipatory repudiation occurs when a party clearly indicates it will not perform before the performance date, giving the nonbreaching party the immediate right to treat the contract as breached and pursue remedies. The buyer may also await performance, but the best immediate action is to treat the repudiation as a breach.

Question 49Contracts

A contract includes a liquidated damages clause of $500 per day for delay. A court reviewing the clause finds the amount is a reasonable forecast of anticipated harm and actual damages would be difficult to estimate. What is the likely ruling?

  1. The clause is a penalty and unenforceable.
  2. The clause is enforceable as liquidated damages. Correct answer.
  3. The clause is enforceable only if the delay exceeds 30 days.
  4. The clause is void because it fixes damages in advance.

Explanation

A liquidated damages clause is enforceable when the amount is a reasonable estimate of anticipated harm at the time of contracting and actual damages would be difficult to ascertain. Both conditions are satisfied here, so the clause is enforceable.

Question 50Contracts

A party claims that a contract is unconscionable. Which factors are most relevant to the court's analysis?

  1. The number of pages in the contract and the font size.
  2. The parties' ages and the time of day of signing.
  3. The parties' citizenship and the place of signing.
  4. The parties' bargaining power and the fairness of the terms. Correct answer.

Explanation

Unconscionability analysis focuses on procedural unconscionability, such as oppression or surprise arising from unequal bargaining power, and substantive unconscionability, meaning overly harsh or one-sided terms. Courts examine both factors together.