FREE NM Bar Multistate Bar Questions and Answers
In a criminal case, which of the following best describes the "exclusionary rule"?
he exclusionary rule prohibits the use of evidence obtained through violations of the defendant’s constitutional rights, such as illegal searches and seizures, in the prosecution’s case-in-chief. This rule is designed to deter unlawful police conduct.
Which of the following types of evidence is generally considered inadmissible under the rule against hearsay?
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. While there are many exceptions to the hearsay rule, a statement made outside of court by a party is still considered hearsay when used to prove the truth of the assertion made.
Which of the following would likely constitute a valid acceptance of an offer in a contract?
Under the mirror image rule, an acceptance must match the terms of the offer exactly. However, under the UCC (Uniform Commercial Code), an acceptance that includes additional terms is generally valid as long as the terms do not materially alter the original offer.
Under the doctrine of adverse possession, which of the following is a requirement for a claimant to acquire title to property?
To claim adverse possession, a person must possess the property continuously for a period defined by state law. The possession must be open and notorious, meaning it is visible and known, not secret.
Which of the following statements best describes the standard used by courts to determine whether a law violates the Equal Protection Clause of the Fourteenth Amendment?
The standard used by courts to evaluate whether a law violates the Equal Protection Clause depends on the classification involved. For most classifications, the rational basis test applies, which requires that the law be rationally related to a legitimate government interest. More stringent standards apply for laws that classify based on race or fundamental rights, which require a compelling government interest (strict scrutiny) or an important government interest (intermediate scrutiny).