IN Bar Multistate Essay 4

Question 1

In a partnership essay, a partner dissociates from an at-will partnership by express notice. Under RUPA, what is the effect on the partnership?

Accepted Answer

The partnership dissolves and its business must be wound up

Answer

The partnership automatically continues with a mandatory buyout only

Answer

The dissociating partner keeps sharing profits for five years

Answer

The partnership converts into a limited partnership

Question 2

A conflict-of-laws essay involves a car accident in State A between two domiciliaries of State B; suit is filed in State B, which uses governmental interest analysis. Whose loss-allocation law likely applies?

Accepted Answer

State B's law, because it is the shared domicile with the dominant interest in loss allocation

Answer

State A's law, because the place of injury always controls

Answer

Federal common law of torts

Answer

The law of the state where the car was registered

Question 3

In a trusts essay, a trust instrument gives income to A for life, remainder to B. The trustee receives a large cash stock dividend. Under the Uniform Principal and Income Act, the distribution is generally allocated to:

Accepted Answer

Income if it is an ordinary cash dividend, while stock dividends go to principal

Answer

Principal in all cases regardless of form

Answer

Income in all cases regardless of form

Answer

Whichever beneficiary requests it first

Question 4

A federal-jurisdiction essay asks whether supplemental jurisdiction covers a state-law claim by a plaintiff against a nondiverse third-party defendant in a diversity case. Under 28 U.S.C. § 1367(b), such a claim is:

Accepted Answer

Barred, because plaintiffs cannot use supplemental jurisdiction to defeat complete diversity

Answer

Allowed whenever the claims share a common nucleus of fact

Answer

Allowed only if damages exceed $75,000

Answer

Barred only in federal question cases

Question 5

In a family law essay, an unmarried father seeks custody after the mother's death. The strongest constitutional principle supporting his claim is:

Accepted Answer

A parent who has established a relationship with his child has a due process liberty interest in its care and custody

Answer

Grandparents always have superior statutory rights

Answer

Custody automatically passes to the state upon a parent's death

Answer

Biological fathers have no rights absent marriage

Question 6

In a secured transactions essay, a creditor takes a purchase-money security interest in a consumer's new refrigerator. How is the PMSI perfected?

Accepted Answer

Automatically upon attachment, because it is a PMSI in consumer goods

Answer

Only by filing a financing statement within 20 days

Answer

Only by taking possession of the refrigerator

Answer

Only by noting the lien on a certificate of title

Question 7

A decedents' estates essay involves a beneficiary who murders the testator. Under slayer statutes tested on the MEE, the killer:

Accepted Answer

Is treated as having predeceased the testator and forfeits the inheritance

Answer

Takes the inheritance but pays a fine to the estate

Answer

Takes only if acquitted in criminal court, regardless of civil findings

Answer

Forfeits only real property but keeps personal property