©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
Multistate Bar Exam Questions Answers
Updated 2024/2025
Four conditions to create joint tenancy - answer✔Time, title, interest, possession
Tenancy at sufferance - landlord's options - answer✔Sue to evict or impose a new periodic
tenancy
Tenant's duties at CL - answer✔Duty to repair, duty to pay rent, duty to not use property for
illegal purposes, liability to third parties (in tort)
Landlord's duties and warranties - answer✔duty to delivery possession, implied covenant
of quiet enjoyment, implied warranty of habitability, tort liability
Constructive Eviction Elements - answer✔substantial interference, notice, vacate
Tenant's remedies for landlord breach of implied warranty of habitability - answer✔move,
repair, reduce or withhold rent, or remain
Easement by prescription requirements - answer✔continuous, open and notorious,
actual, hostile
easement by implication requirements - answer✔1. easement exists prior to division of a
single tract of land
2. common grantor's use is continuous and apparent
3. use is reasonably necessary for enjoyment of the dominant tenement, and
4. parties intended the ue to continue after division of the land
requirements for burden of covenant to run with land - answer✔writing, intent, touches
and concerns the land, horizontal and vertical privity, notice
requirements for benefit of covenant to run with land - answer✔writing, intent, touches
and concerns the land, vertical privity
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
requirements for burden of equitable servitude to run with land - answer✔writing, intent,
touches and concerns land, notice
requirements for benefit of equitable servitude to run with land - answer✔writing, intent,
touches and concerns land
reciprocal negative servitudes created through implication if: - answer✔common scheme,
notice
adverse possession requirements - answer✔continuous for the statutory period, open and
notorious, actual and exclusive, hostile
land sale contracts must be: - answer✔in writing, signed by the parties to be bound, and
articulate essential terms
land sale process - answer✔contract, escrow period, closing, conveyance
implied promises in land sale contracts - answer✔promise to provide marketable title
promise to disclose and make no material false statements
deeds requirements - answer✔lawfully executed and delivered
general warranty deed covenants - answer✔seisin, right to convey, against encumbrances,
quiet enjoyment, warranty, further assurances
when character evidence is admissible in civil case - answer✔character at issue or prior
acts of of sexual assault or child molestation in cases for similar claims
methods of impeachment - answer✔contradiction prior inconsistencies statement; bias or
interest; sensory deficiencies; reputation and/or opinion of untruthfulness; prior acts of
misconduct; prior criminal conviction
competency qualifications - answer✔personal knowledge; memory; communication;
sincerity
recorded recollection requirements - answer✔1. W once had personal knowledge of facts
comprising the recorded recollection
2. document was written or adopted by W
3. W wrote or adopted the document when its contents were fresh in W's memory
4. W's memory is insufficient to testify as to the document's contents; and
5. document was accurate at the time it was made
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
lay opinion testimony requirements - answer✔rationally based; helpful; not expert
expert opinion testimony requirements - answer✔helpful; qualified; reasonable certainty;
proper factual basis; reliable principals reasonably relied upon
A/C privilege protected communication - answer✔protected if: intended to be confidential
and made to facilitate legal services
physician patient privilege protected communication - answer✔protected if: made for
purposes of obtaining diagnosis or treatment; pertinent to diagnosis or treatment; and
intended by the patient to be confidential
common non-hearsay out of court statements - answer✔statements of independent legal
significance; statements offered to show their effect on the listener or reader; statements
offered to show speaker's knowledge; statements offered to show state of mind
non-hearsay exemptions - answer✔admissions (judicial admissions; adoptive admissions;
vicarious admissions); prior inconsistent statement given under oath; prior consistent
statement; prior statement of identification after perception
hearsay exceptions - unavailability required - answer✔former testimony exception;
statement against interest; dying declarations; statements of personal or family history;
statements offered against party procuring declarant's unavailability
hearsay exceptions - unavailability immaterial - answer✔present state of mind; excited
utterances; present sense impressions physical condition (for medical diagnosis or
treatment); past recollection recorded; business records; public records or reports;
judgments and prior convictions; ancient documents; documents affecting property
interests; learned treatises; family records; market reports
unavailability - answer✔privilege; death or physical/mental sickness; refusal to testify
despite a court order; lack of memory; absent
former testimony requirements - answer✔1. declarant is currently unavailable
2. declarant's prior testimony was given under oath; and
3. party against whole testimony now offered was either: (a) a party in the previous action
and had an opportunity o cross-examine declarant; or (b) a predecessor in interest of a
party in the previous action, in which there was an opportunity to cross-examine declarant
and a similar motive for doing so
statement against interest requirements - answer✔1. declarant is currently unavailable
3|Page
ALL RIGHTS RESERVED.
Multistate Bar Exam Questions Answers
Updated 2024/2025
Four conditions to create joint tenancy - answer✔Time, title, interest, possession
Tenancy at sufferance - landlord's options - answer✔Sue to evict or impose a new periodic
tenancy
Tenant's duties at CL - answer✔Duty to repair, duty to pay rent, duty to not use property for
illegal purposes, liability to third parties (in tort)
Landlord's duties and warranties - answer✔duty to delivery possession, implied covenant
of quiet enjoyment, implied warranty of habitability, tort liability
Constructive Eviction Elements - answer✔substantial interference, notice, vacate
Tenant's remedies for landlord breach of implied warranty of habitability - answer✔move,
repair, reduce or withhold rent, or remain
Easement by prescription requirements - answer✔continuous, open and notorious,
actual, hostile
easement by implication requirements - answer✔1. easement exists prior to division of a
single tract of land
2. common grantor's use is continuous and apparent
3. use is reasonably necessary for enjoyment of the dominant tenement, and
4. parties intended the ue to continue after division of the land
requirements for burden of covenant to run with land - answer✔writing, intent, touches
and concerns the land, horizontal and vertical privity, notice
requirements for benefit of covenant to run with land - answer✔writing, intent, touches
and concerns the land, vertical privity
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
requirements for burden of equitable servitude to run with land - answer✔writing, intent,
touches and concerns land, notice
requirements for benefit of equitable servitude to run with land - answer✔writing, intent,
touches and concerns land
reciprocal negative servitudes created through implication if: - answer✔common scheme,
notice
adverse possession requirements - answer✔continuous for the statutory period, open and
notorious, actual and exclusive, hostile
land sale contracts must be: - answer✔in writing, signed by the parties to be bound, and
articulate essential terms
land sale process - answer✔contract, escrow period, closing, conveyance
implied promises in land sale contracts - answer✔promise to provide marketable title
promise to disclose and make no material false statements
deeds requirements - answer✔lawfully executed and delivered
general warranty deed covenants - answer✔seisin, right to convey, against encumbrances,
quiet enjoyment, warranty, further assurances
when character evidence is admissible in civil case - answer✔character at issue or prior
acts of of sexual assault or child molestation in cases for similar claims
methods of impeachment - answer✔contradiction prior inconsistencies statement; bias or
interest; sensory deficiencies; reputation and/or opinion of untruthfulness; prior acts of
misconduct; prior criminal conviction
competency qualifications - answer✔personal knowledge; memory; communication;
sincerity
recorded recollection requirements - answer✔1. W once had personal knowledge of facts
comprising the recorded recollection
2. document was written or adopted by W
3. W wrote or adopted the document when its contents were fresh in W's memory
4. W's memory is insufficient to testify as to the document's contents; and
5. document was accurate at the time it was made
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
lay opinion testimony requirements - answer✔rationally based; helpful; not expert
expert opinion testimony requirements - answer✔helpful; qualified; reasonable certainty;
proper factual basis; reliable principals reasonably relied upon
A/C privilege protected communication - answer✔protected if: intended to be confidential
and made to facilitate legal services
physician patient privilege protected communication - answer✔protected if: made for
purposes of obtaining diagnosis or treatment; pertinent to diagnosis or treatment; and
intended by the patient to be confidential
common non-hearsay out of court statements - answer✔statements of independent legal
significance; statements offered to show their effect on the listener or reader; statements
offered to show speaker's knowledge; statements offered to show state of mind
non-hearsay exemptions - answer✔admissions (judicial admissions; adoptive admissions;
vicarious admissions); prior inconsistent statement given under oath; prior consistent
statement; prior statement of identification after perception
hearsay exceptions - unavailability required - answer✔former testimony exception;
statement against interest; dying declarations; statements of personal or family history;
statements offered against party procuring declarant's unavailability
hearsay exceptions - unavailability immaterial - answer✔present state of mind; excited
utterances; present sense impressions physical condition (for medical diagnosis or
treatment); past recollection recorded; business records; public records or reports;
judgments and prior convictions; ancient documents; documents affecting property
interests; learned treatises; family records; market reports
unavailability - answer✔privilege; death or physical/mental sickness; refusal to testify
despite a court order; lack of memory; absent
former testimony requirements - answer✔1. declarant is currently unavailable
2. declarant's prior testimony was given under oath; and
3. party against whole testimony now offered was either: (a) a party in the previous action
and had an opportunity o cross-examine declarant; or (b) a predecessor in interest of a
party in the previous action, in which there was an opportunity to cross-examine declarant
and a similar motive for doing so
statement against interest requirements - answer✔1. declarant is currently unavailable
3|Page
