FREE SD Bar Multistate Essay Questions and Answers
In a divorce proceeding, how do courts generally divide marital property in states that follow the equitable distribution approach?
In equitable distribution states, marital property is divided in a manner that is fair and equitable, which may not necessarily mean an equal division. Courts consider factors such as the duration of the marriage, each spouse's contributions (both financial and non-financial), and the economic circumstances of each spouse.
What standard of review is applied when evaluating legislation that restricts a fundamental right?
When evaluating legislation that restricts a fundamental right, courts apply strict scrutiny review. This is the highest level of scrutiny and requires that the government show that the law serves a compelling state interest and is narrowly tailored to achieve that interest.
What is the primary fiduciary duty that corporate directors owe to the corporation and its shareholders?
The primary fiduciary duty of corporate directors is the duty of loyalty, which requires them to act in the best interests of the corporation and its shareholders. This duty involves avoiding conflicts of interest and self-dealing.
What must a plaintiff demonstrate to obtain a default judgment when the defendant fails to respond to a complaint?
To obtain a default judgment, the plaintiff must demonstrate that the defendant has been properly served with process and that the defendant has failed to respond within the required timeframe.
What is a common ground for contesting the validity of a will?
A common ground for contesting the validity of a will is that it was not signed by the testator. A valid will generally requires the testator’s signature, along with signatures from witnesses (usually two) who observe the testator signing the will.