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1. A seller contracts to sell Blackacre to a buyer. Before closing, seller
conveys Blackacre to a third party without the buyer’s knowledge. The
buyer files suit for specific performance. Which is the buyer’s best
argument?
A. Seller’s conveyance is void because real estate contracts must be
recorded.
B. Buyer has equitable right to specific performance because land is
unique.
C. Seller committed fraud by selling to third party.
D. Buyer can rescind the contract and recover damages only.
Answer: B
Rationale: Equity often grants specific performance for land sales
because each parcel is unique and monetary damages are inadequate.
2. Under the Fourth Amendment, which of the following generally requires
a warrant supported by probable cause?
A. Brief investigatory stop (Terry stop).
B. Search of a home for evidence of a crime.
C. Search incident to arrest of a consenting adult in public.
D. Inventory search of property at police impound.
Answer: B
Rationale: Homes receive the highest protection; searches of a home
generally require a warrant based on probable cause.
3. In a negligence case, the plaintiff proves that the defendant breached a
duty and that injury occurred, but it is unclear whether defendant’s
, breach caused the injury. The plaintiff should rely on which doctrine?
A. Res ipsa loquitur.
B. Strict liability.
C. Proximate causation.
D. Assumption of risk.
Answer: A
Rationale: Res ipsa allows inference of negligence when the event
normally doesn’t occur absent negligence and the defendant had
control.
4. Which of the following is an element that must be proven for a valid
formation of a contract?
A. Consideration, offer, acceptance, and legality of subject matter.
B. Offer, acceptance, promissory estoppel, and consideration.
C. Mutual mistake, offer, acceptance, and performance.
D. Written instrument, offer, acceptance, and consideration.
Answer: A
Rationale: Contract formation requires offer, acceptance, consideration,
and legality; writing is required only for certain contracts.
5. A prosecutor obtains a confession by promising the defendant immunity
from prosecution for the offense in question. At trial, the prosecutor
uses the confession to impeach the defendant’s inconsistent testimony
about the same offense. Is impeachment allowed?
A. No — use is barred because of the immunity promise.
B. Yes — the statement can be used to impeach inconsistent trial
testimony.
C. No — Fifth Amendment prohibits any use of compelled statements.
D. Yes — but only if the defendant testifies voluntarily.
Answer: B
Rationale: Use immunity bars using the statement in the government’s
case-in-chief, but generally allows impeachment if the defendant
testifies inconsistently.
6. Under the UCC, which of the following will NOT necessarily make a
contract unenforceable for lack of consideration?
A. A promise in a signed writing modifying a contract for the sale of
, goods.
B. A modification made due to unanticipated difficulties and fair in
amount.
C. A later promise to pay more for already completed performance.
D. A firm offer by a merchant in writing.
Answer: D
Rationale: A merchant’s firm offer under UCC §2-205 (signed writing) is
irrevocable for the time stated without separate consideration.
7. Which of the following is required for a valid will under Illinois law
(statutory formalities)?
A. The testator’s signature and two witnesses who sign in the presence
of the testator.
B. The testator’s signature, notarization, and one witness.
C. Only the testator’s signature and a notary’s acknowledgment.
D. The testator’s signature and three witnesses.
Answer: A
Rationale: Most states (including Illinois) require the testator’s
signature and two attesting witnesses for a valid formal will.
8. A defendant is charged with first-degree murder. The prosecution offers
evidence that the defendant has a prior conviction for a similar violent
offense. Under the rules of evidence, when is this evidence admissible?
A. Always admissible as character evidence to prove propensity.
B. Admissible only for impeachment if the defendant testifies.
C. Admissible to prove motive, intent, identity, or absence of mistake if
relevant.
D. Never admissible under any circumstances.
Answer: C
Rationale: Prior acts may be admitted for non-propensity purposes
(motive, intent, identity, etc.), subject to balancing under Rule 403.
9. Under Illinois landlord-tenant law, a residential tenant has withheld rent
due to conditions rendering the property uninhabitable. Which defense
should the tenant assert if landlord sues for unpaid rent?
A. Tenant’s right to self-help eviction.
B. Breach of implied warranty of habitability / constructive eviction.