FREE ND Bar Multistate Bar Questions and Answers
Which of the following is NOT considered a fundamental right protected by the Due Process Clause of the Fourteenth Amendment?
The Due Process Clause of the Fourteenth Amendment protects certain fundamental rights such as the right to marry and the right to privacy in personal decisions. The right to vote and the right to privacy are considered fundamental. However, the right to a jury trial in civil cases is not classified as a fundamental right under the Due Process Clause but is guaranteed by the Seventh Amendment in federal cases and by state constitutions in state cases.
Which of the following statements about consideration in contract law is correct?
Consideration in contract law refers to something of value exchanged between the parties. It does not need to be of equal value or tangible; it merely needs to be something of legal value. A promise to do something that one is already legally obligated to do generally does not constitute valid consideration.
Under the Fourth Amendment, which of the following is required for a search warrant to be valid?
The Fourth Amendment requires that a search warrant be based on probable cause and must clearly specify the place to be searched and the items to be seized. This is to ensure that searches and seizures are conducted in a particular and limited manner. The other options are not requirements for a valid search warrant.
Which of the following is true about the hearsay rule?
The hearsay rule generally prohibits the admission of statements made outside of court to prove the truth of the matter asserted. However, there are numerous exceptions to this rule where hearsay statements may be admissible, such as statements made under certain conditions of reliability or necessity.
In the context of real property law, what does "adverse possession" refer to?
Adverse possession allows a person to gain legal title to land by possessing it continuously, openly, and exclusively for a statutory period, even if they do not hold legal title. This doctrine is meant to encourage the productive use of land and to resolve disputes over land ownership.