FREE MS Bar Essay Questions and Answers

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In Mississippi, which of the following is true regarding the right to a preliminary hearing?

Correct! Wrong!

In Mississippi, a preliminary hearing is held to determine whether there is probable cause to believe that a crime was committed and that the defendant committed it. This step is not mandatory for all cases, but it provides a safeguard against wrongful detention. The timing and procedures for waiving or scheduling preliminary hearings are governed by local rules and statutes.

In Mississippi, what is required for a divorce on the grounds of irreconcilable differences?

Correct! Wrong!

For a divorce on the grounds of irreconcilable differences in Mississippi, the spouses must file a joint petition and reach an agreement on all issues related to the divorce, such as property division, alimony, and child custody. This type of divorce is often considered uncontested because the parties have agreed on the terms.

Under Mississippi law, which of the following is a requirement for a successful claim of intentional infliction of emotional distress?

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To prove a claim for intentional infliction of emotional distress in Mississippi, the plaintiff must show that the defendant's conduct was outrageous or extreme, and that it caused severe emotional distress. Physical injury is not required; rather, the focus is on the nature of the conduct and the emotional impact.

In Mississippi, how many days does a defendant have to respond to a complaint after being served with process?

Correct! Wrong!

Under Mississippi Rule of Civil Procedure 12(a), a defendant generally has 20 days to serve an answer or other responsive pleading after being served with the summons and complaint. This timeframe is consistent with many jurisdictions, though the specifics can vary.

In Mississippi, which of the following statements about joint tenancy with right of survivorship is true?

Correct! Wrong!

In Mississippi, joint tenancy with right of survivorship requires that all tenants hold equal shares of the property. This means that each joint tenant has an undivided interest in the whole property. If a joint tenant sells their share, it typically breaks the joint tenancy, converting it to a tenancy in common, not affecting the other joint tenants' interests.

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