Bar Exam — MEE Bar Exam — MEE Practice Test 2025

The statute restricts speech in a traditional public forum (public sidewalk) based on content-neutral criteria (time and place, not viewpoint). Content-neutral restrictions on speech in public forums are subject to intermediate scrutiny: they must be narrowly tailored to serve a significant governmental interest and leave open ample alternative channels for communication.

Under the Statute of Frauds, contracts for the sale of land must generally be in writing. However, the doctrine of part performance provides an exception. Most jurisdictions require at least two of three elements: (1) payment of all or part of the purchase price, (2) possession, and (3) valuable improvements. Here, the buyer has satisfied all three: payment (0,000 deposit), possession, and improvements (5,000 renovations).

Under MPC § 5.01, a person is guilty of attempt if, acting with the purpose of committing a crime, he does an act constituting a substantial step strongly corroborative of criminal purpose. The defendant drove to the store, donned a disguise, and approached with a loaded firearm — these constitute a substantial step. Under the MPC, abandonment is an affirmative defense only if voluntary and complete. Abandonment motivated by the presence of police is not voluntary.

Under FRE 609(a)(2), crimes of dishonesty or false statement (such as fraud) are automatically admissible for impeachment regardless of whether they are felonies or misdemeanors, and without any balancing test. A three-year-old conviction is within the 10-year time limit of Rule 609(b). The objection should be overruled.

Under this conveyance, A has a life estate. B has a contingent remainder in fee simple absolute (contingent on surviving A). C has an alternative contingent remainder in fee simple absolute (contingent on B not surviving A). These are alternative contingent remainders because they are subject to conditions precedent that are logical opposites. C’s interest is a contingent remainder, not an executory interest, because it follows a life estate and will take effect at the natural termination of the prior estate.

Res ipsa loquitur allows an inference of negligence when direct evidence is unavailable. The plaintiff must establish: (1) the injury would not normally occur in the absence of negligence, (2) the instrumentality causing the injury was in the defendant’s exclusive control, and (3) the plaintiff did not contribute to the injury. A retained surgical sponge is a classic res ipsa case.

Federal courts have subject matter jurisdiction under 28 U.S.C. § 1332 when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Here, the plaintiff is a New York citizen and the defendant is a New Jersey citizen (complete diversity), and$100,000 exceeds the $75,000 threshold. The court has diversity jurisdiction.

Under the best interests of the child standard, courts consider the child’s wishes, mental and physical health of parents, the child’s adjustment to home and community, and each parent’s ability to provide stability. The relative income levels of the parents is generally NOT a primary consideration because child support can equalize any financial disparity. Courts focus on the quality of the parent-child relationship rather than wealth.

The manufacturer’s February 15 statement constitutes anticipatory repudiation. Under UCC § 2-712 (cover), the buyer may purchase substitute goods in good faith and recover the difference between the cover price and the contract price, plus incidental and consequential damages. Here: ($14 −$10) × 1,000 = $4,000 in cover damages.

Under FRE 803(3), a statement of the declarant’s then-existing physical condition (such as pain, illness, or bodily health) is admissible as an exception to the hearsay rule, regardless of declarant availability. “I’m having the worst chest pain of my life” is a present sense impression of the declarant’s physical condition at the time it was made.