CONNECTICUT BAR EXAMINATION - July 29, 2004 - Question 1-4 Liability, admissibility, spoliation, and legal representation

Sep 21, 2026

Connecticut Bar Examination questions (July 29, 2004) present four legal scenarios requiring full analysis. Question 1 tests partnership liability across a loan, inventory credit purchases, and a pedestrian accident involving a delivery truck. Question 2 examines admissibility of incriminating statements under Miranda and constitutional protections for illegal gambling and marijuana-related drug charges. Question 3 addresses product liability, Daubert reliability for expert testimony, evidentiary spoliation sanctions, and a dismissal motion involving alleged sexual harassment. Question 4 involves attorney-client engagement, contingent fee scope, and related obligations.

LanguageEnglish

CategoryExam

FormatPDF

Pages14

Reading Time35 min

AccessFree to download

Question 1

Partnership liability (Bank One, High Point Furniture, pedestrian)

Question 2

Miranda and admissibility of statements

Question 3

Daubert reliability, spoliation sanctions, and motion to dismiss

Question 4

Contingent fee agreement scope and representation issues

CONNECTICUT BAR EXAMINATION 29 July 2004 QUESTION \#1 Len and Jerry's (L&J) is a duly formed limited partnership. Len is the sole general partner. Jerry and Sue are the limited partners. L&J operates a retail furniture store. L&J borrowed $25,000 from Bank One. Len signed the loan documents on behalf of L&J. L&J also bought $50,000 of inventory on credit from High Point Furniture. Sue chose the inventory, negotiated the price, and signed the contract on behalf of L&J. Ralph delivers furniture for L&J. Last Monday at 3 p.m., Ralph hit a pedestrian while driving L&J’s truck. Ralph was returning to L&J’s store after making a delivery and stopping to pick up flowers for his wife. 1) Analyze what liability, if any, L&J has to Bank One, High Point Furniture and the pedestrian. 2) Analyze what liability, if any, Len has to Bank One, High Point Furniture and the pedestrian. 3) Analyze what liability, if any, Jerry has to Bank One, High Point Furniture and the pedestrian. 4) Analyze what liability, if any, Sue has to Bank One, High Point Furniture and the pedestrian. © 2004 CBEC CONNECTICUT BAR EXAMINATION 29 July 2004 QUESTION \#2 Just last Tuesday, Dan was indicted for illegal possession of marijuana stemming from a time he was caught with contraband at a baseball game. Dan was as yet unaware of his indictment when, on Wednesday, Dan visited a local illegal betting parlor to place a bet on his favorite baseball team. Dan was about to depart the betting parlor when Officer Paul burst in. “Where do you think you’re going?,” Paul asked Dan“Just leaving,” Dan answered. “I lost money today.” With that, Paul placed Dan under arrest for illegal gambling and read him his Miranda warnings. “Maybe I should ask for a lawyer,”Dan said to Paul after hearing his rights.“Dan,” asked Paul,“which horses did you bet on today?” “I bet and lost on Speedy in the fifth,” Dan replied. “I want a lawyer,” added Dan. A brief silence ensued. Dan broke it. “C’mon, betting on horses isn’t that bad!”“I agree,” said Paul,“but that’s the law. Do you bet here often?” “Yes, I do,”Dan answered. Now Paul again read Dan his Miranda rights. “Dan, let me ask you this,” Paul continued.“Do you often bet on horses here?” Continued on other side Dan answered,“I already told you, Officer. I often bet on horses here. And, I want a lawyer.” Then Paul said,“Dan, yesterday you were indicted for illegal drug possession.”“What, indicted!,” said a surprised Dan,“I can’t believe a little bit of marijuana could lead to that.” Under federal constitutional law, will each of Dan’s incriminating statements be admissible against him in his subsequent trial for illegal gambling and illegal drug possession. Analyze fully. © 2004 CBEC CONNECTICUT BAR EXAMINATION 29 July 2004 QUESTION \#3 Arrow Co. sold to Hospital a sheath inducer used to insert catheters produced by third parties. Arrow’s inducer was used to insert a catheter into Bill’s artery. Bill died. Bill’s estate sued Arrow for wrongful death. The estate alleged that Bill bled to death because of the separation of two pieces of the catheter caused by the inducer. Arrow’s defense is that Bill died because of a defect in the catheter: a tiny hole in a side tube of the catheter. The estate called a doctor at trial, who sought to testify–contrary to the testimony of Arrow’s witnesses–that he did not think there was any way the deceased could have bled to death from a tiny hole in a side tube of the catheter. Arrow objected to admission of the doctor’s testimony, on the grounds that the doctor had no expertise in fluid mechanics and that his opinion lacked a reliable scientific basis as required by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). The doctor was an emergency room physician with approximately 15 years’ experience in using various types of catheters. Plaintiff’s estate examined the remains of the sheath inducer that allegedly caused the death of th

FAQs

What issues are raised in Question 1 regarding L&J and the pedestrian accident?

The question asks what liability, if any, L&J has to the bank, the inventory seller, and the pedestrian, based on Len’s signing of loan documents and Sue’s role in the inventory transaction and the accident involving the company truck.

Under Question 2, which incriminating statements may be admissible after Miranda warnings?

The analysis focuses on whether each incriminating statement Dan made after Miranda warnings will be admissible in the subsequent trial for illegal gambling and illegal drug possession, considering the timing and his requests during interrogation.

How does Question 3 address expert testimony and sanctions for losing or destroying evidence?

It asks whether the doctor’s testimony is admissible under Daubert reliability standards, whether sanctions are appropriate for spoliation of the inducer evidence, and how to rule on a salesman’s motion to dismiss an alleged sexual harassment claim.

Sep 21, 2026

Uploaded by Caleb Sterling