Pieper Bar Review

CONTRACTS On May 1, a seller and a buyer entered into a written agreement in which the seller agreed to fabricate and sell to the buyer 10,000 specially designed brake linings. The contract required the buyer to pay half of the purchase price on May 15, and, in turn, the seller would deliver half of the brake linings on May 31. The buyer was to pay the balance of the purchase price on June 15 and seller was to deliver the balance of the brake linings on June 30. On May 10, be...fore the first payment was tendered, the seller notified the buyer that he might not be able to timely produce the brake linings. Which of the following correctly states the buyer’s rights and obligations immediately after receipt of seller’s notice on May 10? (A) The buyer can treat the notice as an anticipatory repudiation and immediately commence a cause of action for breach of the entire contract. (B) The buyer can treat the notice as an anticipatory repudiation and sue to enjoin an actual breach by the seller on May 31. (C) The buyer has no cause of action for breach of contract, but can suspend its performance and demand assurances that the seller will perform. (D) The buyer has no cause of action for breach of contract, and must pay the installment of the purchase price due on May 15 to preserve its rights under the contract. Click Here to Answer https://hubs.ly/H0yNTzt0 #barreview #lawschool #barexam #UBEQotD

CONTRACTS A homeowner contracted with a builder to construct a home for the price of $68,000. The homeowner provided the plans and specifications for the construction, which included the installation of an Airflow heating system. About a week before the heating system was to be installed, the builder discovered that the Airflow system was backordered for four months, but that the Flowheat system, which possessed the same style, quality and cost of the Airflow system, was imme...diately available. Unable to contact the homeowner, the builder installed the Flowheat system and completed construction. Unhappy with the substitution, the homeowner refused to pay the builder for his services in constructing the home. The cost to replace the Flowheat system with the Airflow system is $5,000 and the decrease in the value of the building due to the substitution is $300. In an action by the builder to recover for his performance, how much should the court award the builder? (A) $68,000. (B) $63,000. (C) $67,700. (D) Whatever it cost the builder to construct the home. Click Here to Answer https://hubs.ly/H0yHsr10 #barreview #lawschool #barexam #UBEQotD

The NY Board of Law Examiners released additional details about eligibility for the remote UBE being offered in February. It amounts to good news for people who have taken the exam within the past four years, but there's still no word on when foreign trained attorneys will be able to sit for the exam. Good luck! https://www.nybarexam.org/

CONTRACTS A contractor orally agreed with a marina to erect a boathouse and dig a channel from the boathouse across a neighbor’s property to a lake for the price of $10,000. The marina previously had entered into an oral agreement with the neighbor, whereby the neighbor gave the marina permission to dig the channel across his property. The marina agreed to pay the contractor in three installments: $2,500 before commencement of construction; $2,500 when the boathouse was compl...eted; and $5,000 when the channel was completed. The marina tendered the first installment of $2,500 to the contractor but the contractor refused to accept it or perform. In an action by the marina against the contractor, will the contractor be able to successfully assert a Statute of Frauds defense? (A) Yes, because construction contracts for $500 or more must be in a writing signed by the party to be charged with breach. (B) Yes, because the agreement between the marina and the neighbor invokes a real property interest. (C) No, because there is no privity of contract between the contractor and the neighbor. (D) No, because the oral agreement between the marina and the contractor is not required to be in writing. Click Here to Answer https://hubs.ly/H0yB0LF0 #barreview #lawschool #barexam #UBEQotD

CONSTITUTIONAL LAW A newly enacted criminal statute provided, in its entirety, No person shall utter to another person in a public place any annoying, disturbing, or unwelcome language. A man followed an elderly woman for three blocks down a public street, yelling in her ear offensive four-letter words. The woman repeatedly asked the man to leave her alone, but he refused. Is the man likely to prevail if prosecuted for his actions?... (A) No, he will be convicted under the criminal statute. (B) Yes, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments. (C) Yes, because, although his speech may be punished by the state, the state may not do so under this statute. (D) Yes, because the average user of a public street would consider the man’s speech and actions to be amusing and ridiculous rather than annoying, disturbing, or unwelcome. Click Here to Answer https://hubs.ly/H0yss4z0 #barreview #lawschool #barexam #UBEQotD

CONTRACTS An electrician orally agreed to work on a building site for a weekly salary of $500. The term of the contract was for four months or until the building is completed. On the last day of his second week, the electrician quit. The homebuilder refused to pay the electrician’s salary for his second week of work. Can the electrician prevail in a suit against the builder for $500?... (A) Yes, because the contract is divisible. (B) Yes, because he has substantially performed the contract. (C) No, because the electrician’s conduct constitutes a material breach. (D) No, because of the Statute of Frauds. Click Here to Answer https://hubs.ly/H0ynrz30 #barreview #lawschool #barexam #UBEQotD

NY will hold its bar exam online again in February. Fingers crossed that there won't be so many restrictions on who is allowed to sit for it (they are promising details on that front by November 1). Good luck!

CONSTITUTIONAL LAW A city enacted a zoning ordinance forbidding theaters showing sexually explicit material to be located within 1,000 feet of any other such theater. Just prior to the effective date of the ordinance, the owner of a chain of adult shops and theaters signed a contract to lease a gas station, which was within 500 feet of an existing adult theater. He planned to convert the gas station into an adult theater, but when he applied for a license to exhibit adult fil...ms in the building, the license was denied pursuant to the new zoning ordinance. What is the strongest argument by the city in favor of the constitutionality of the ordinance? (A) The plaintiff has no standing to attack the constitutionality of the ordinance. (B) Zoning ordinances are constitutionally permissible under the police power. (C) The city’s concern for the character of the neighborhood outweighs the specific limitation on free speech. (D) Sexually explicit movies are obscene and can be prohibited entirely. Click Here to Answer https://hubs.ly/H0yj3rS0 #barreview #lawschool #barexam #UBEQotD

CONSTITUTIONAL LAW A state statute required all teachers in the public school system who taught any theory of human origin based on Darwinian theory to also teach theories based on established religious doctrines. A public school teacher in the state, who satisfied the requirements of standing and who refused to teach religious theories of human origin, challenged the constitutionality of the statute. Is the statute constitutional?... (A) Yes, it is constitutional because there is no entanglement of church and state. (B) Yes, it is constitutional because the state has an obligation to present to students all sides of a field of learning as important as human origin. (C) No, it is unconstitutional because the state has no right to control school curriculum. (D) No, it is unconstitutional as an establishment of religion. Click Here to Answer https://hubs.ly/H0y3V9M0 #barreview #lawschool #barexam #UBEQotD

CONSTITUTIONAL LAW A state statute required parents of minor children to submit their children to a specific vaccination in order to protect children from contracting a deadly strain of the flu and prevent an epidemic. A group of parents belonging to a certain religious group refused to have their children vaccinated, citing grounds of free exercise of religion. The state commenced an action to enforce the statute. What is the strongest argument in support of convicting the p...arents? (A) To permit these parents to successfully defy the state law would constitute an establishment of religion (B) The Free Exercise of Religion Clause protects the freedom to believe and the freedom to act. (C) The state must have a compelling interest in protecting the health of the children in the state. (D) The state has a legitimate interest in protecting the health of the children in the state. Click Here to Answer https://hubs.ly/H0y0rpN0 #barreview #lawschool #barexam #UBEQotD

CONTRACTS A seller and a buyer entered into a written agreement in which the seller agreed to fabricate and sell to the buyer 1,000 specially designed, custom and unique widgets. The contract required the buyer to pay half of the purchase price upon signing the contract with the balance to be paid upon delivery. The buyer tendered half of the purchase price to the seller on signing, but two weeks prior to the delivery date, the seller notified the buyer that he would not perf...orm the contract. Which of the following is NOT a correct statement of the parties’ legal status immediately after seller’s notice of non-performance? (A) The buyer has a cause of action for total breach of contract due to seller’s repudiation, but that cause of action will be lost if the seller retracts his repudiation before buyer either changes his position or manifests to the seller that he considers the repudiation final. (B) The buyer can bring suit to rescind the contract even if he elects to await the seller’s performance for a commercially reasonable time. (C) The buyer can await the seller’s performance for a commercially reasonable time, but if buyer delays beyond that period, it cannot recover any resulting damages that it reasonably could have avoided. (D) The buyer has a cause of action for breach of contract, but it must afford the seller a commercially reasonable time to perform. Click Here to Answer https://hubs.ly/H0xY4_90 #barreview #lawschool #barexam #UBEQotD

CONSTITUTIONAL LAW A state’s retirement system provided for a fixed percentage of an employee’s pay to be deducted each payday. Retirement benefits were paid at age 65 for the life of former state employees. The state obtained reliable actuarial statistics showing that the life expectancy of a man at age 65 was less than the life expectancy of a female at the same age. Accordingly, it paid higher monthly retirement benefits to males than to females. A female employee of the s...tate commenced an action to challenge the constitutionality of the state’s retirement system. What is the appropriate burden of proof? (A) The female should be required to demonstrate that the benefit standards are not rationally related to the public interest. (B) The state should be required to demonstrate a compelling state need for the benefit standards. (C) The state should be required to show that the classification serves important governmental objectives, and is substantially related to the achievement of those objectives. (D) The state should be required to show a rational purpose for the benefit standard. Click Here to Answer https://hubs.ly/H0xTgGG0 #barreview #lawschool #barexam #UBEQotD

EVIDENCE A plaintiff sued the defendant for damage allegedly done to his crops by a horse owned by the defendant. At the trial, the plaintiff took the stand and sought to introduce in evidence a photograph of his cornfield in order to depict the nature and extent of the damage done. Is the photograph admissible as evidence?... (A) Yes, if the plaintiff testifies that it fairly and accurately portrays the condition of the cornfield after the damage was done. (B) Yes, if the plaintiff testifies that the photograph was taken within a week after the alleged occurrence. (C) No, if the plaintiff fails to call the photographer to testify concerning the circumstances under which the photograph was taken. (D) No, if it is possible to describe the damage to the cornfield through direct oral testimony. Click Here to Answer https://hubs.ly/H0xNw6q0 #barreview #lawschool #barexam #UBEQotD