Indiana Bar Examination (Uniform Bar Examination) — Questions and Answers

Question 1: The constitutional guarantee against double jeopardy attaches in a jury trial at what point?

When the indictment is returned
When the defendant enters a plea
When charges are formally filed
When the jury is sworn in (Correct answer)

Correct answer: When the jury is sworn in

In a jury trial, double jeopardy attaches when the jury is sworn in, protecting a defendant from being tried again for the same offense after that point.

Question 2: A husband seeks to rebut Indiana's presumption of equal property division because he inherited a farm before the marriage. Which factor may the court consider under IC 31-15-7-5?

Marital fault such as adultery
Which spouse filed the dissolution petition first
The relative attractiveness of each spouse's post-divorce living arrangements
The extent property was acquired before marriage or through inheritance or gift (Correct answer)

Correct answer: The extent property was acquired before marriage or through inheritance or gift

The statute allows deviation based on factors including acquisition of property before marriage or through inheritance or gift, but not marital fault.

Question 3: A defendant pleads guilty in an Indiana court. He later seeks to appeal the trial court's earlier denial of his motion to suppress. He may:

Appeal the ruling as of right within 30 days
Raise the issue on direct appeal because suppression rulings are jurisdictional
Not challenge the suppression ruling on direct appeal, because a guilty plea waives the right to appeal pre-plea constitutional rulings (Correct answer)
Appeal only if the State consents

Correct answer: Not challenge the suppression ruling on direct appeal, because a guilty plea waives the right to appeal pre-plea constitutional rulings

In Indiana, an unconditional guilty plea waives appellate review of prior rulings such as suppression denials.

Question 4: Under the Presentment Clause, after Congress passes legislation, the President has how many days to sign or veto a bill (excluding Sundays)?

7 days
30 days
10 days (Correct answer)
14 days

Correct answer: 10 days

Article I, Section 7 gives the President 10 days (excluding Sundays) to sign or veto legislation; if the President does neither, the bill becomes law unless Congress has adjourned.

Question 5: The instruction memo says your supervising partner "does not want a separate statement of facts." You have extra time. What should you do?

Attach the File documents as exhibits
Weave necessary facts into the analysis and omit a separate facts section (Correct answer)
Add a statement of facts anyway to show thoroughness
Summarize the Library instead

Correct answer: Weave necessary facts into the analysis and omit a separate facts section

Facts should be integrated into the analysis when the memo expressly forbids a separate facts section.

Question 6: In Indiana, what is the statutory waiting period between filing a petition for dissolution of marriage and the earliest date the court may enter a final decree?

60 days (Correct answer)
120 days
90 days
30 days

Correct answer: 60 days

Indiana Code 31-15-2-10 requires a minimum 60-day waiting period after filing before a final dissolution hearing may be held.

Question 7: A treating physician's testimony about a patient's statement that 'the pain started when the forklift hit me' is admissible because:

It is a present sense impression
It qualifies as a business record
All statements to doctors are admissible
It is a statement for medical diagnosis or treatment (Correct answer)

Correct answer: It is a statement for medical diagnosis or treatment

FRE 803(4) admits statements about the cause of a condition when reasonably pertinent to diagnosis or treatment.

Question 8: A landowner sells the back half of his parcel, leaving it with no access to a public road except across the retained front half. The deed says nothing about access. What right does the buyer most likely have?

An easement by necessity over the seller's retained land (Correct answer)
No access right absent an express easement
A revocable license to cross
A prescriptive easement effective immediately

Correct answer: An easement by necessity over the seller's retained land

Severance of a commonly owned parcel that landlocks one portion creates an easement by necessity over the retained land.

Question 9: A task memo asks you to draft only the argument section of a brief and notes that another associate will write the statement of facts. What should you do?

Draft the facts first and skip the argument if time runs out
Write the full brief including facts to be thorough
Write a memo instead because it is faster
Follow the instructions and draft only the argument section (Correct answer)

Correct answer: Follow the instructions and draft only the argument section

Following the task memo's specific instructions is essential because points are awarded for the assigned task only.

Question 10: Under the Commerce Clause, Congress may regulate activities that substantially affect interstate commerce. Which Supreme Court case established the 'substantial effects' test?

Gibbons v. Ogden
Heart of Atlanta Motel v. United States
Wickard v. Filburn (Correct answer)
United States v. Lopez

Correct answer: Wickard v. Filburn

Wickard v. Filburn (1942) established that even purely local activities can be regulated by Congress under the Commerce Clause if they have a substantial effect on interstate commerce in the aggregate.

Question 11: The Dormant Commerce Clause restricts state laws that discriminate against interstate commerce. When a state law facially discriminates against out-of-state commerce, it is:

Reviewed under intermediate scrutiny
Per se invalid unless the state can show it is the least discriminatory means to achieve a legitimate local purpose (Correct answer)
Presumptively constitutional
Subject to rational basis review

Correct answer: Per se invalid unless the state can show it is the least discriminatory means to achieve a legitimate local purpose

Facially discriminatory state laws are virtually per se invalid and can survive only if the state demonstrates a legitimate local purpose that cannot be achieved through less discriminatory means.

Question 12: What constitutes a fixture in real property law?

Personal property that has become permanently attached to real property (Correct answer)
Only structural elements like walls and roofs
Any item found on the property
Government-installed improvements only

Correct answer: Personal property that has become permanently attached to real property

A fixture is personal property that has been attached to real property in a manner suggesting permanence, becoming part of the realty and transferring with the property.

Question 13: An agency reverses its longstanding position with no explanation and ignores an important aspect of the problem. A court would most likely find the action:

Moot
Ultra vires per se
Arbitrary and capricious (Correct answer)
Harmless error

Correct answer: Arbitrary and capricious

Unexplained departures from prior policy and failure to consider important aspects of a problem are hallmarks of arbitrary and capricious action.

Question 14: A buyer under a requirements contract suddenly demands quantities far exceeding any prior demand to resell at a profit. Under UCC 2-306, the seller must supply:

Whatever the buyer demands in good faith or bad faith
Only quantities not unreasonably disproportionate to stated estimates or normal prior requirements (Correct answer)
The exact quantity of the previous order only
Nothing, because requirements contracts are illusory

Correct answer: Only quantities not unreasonably disproportionate to stated estimates or normal prior requirements

Requirements are measured by good faith, and no quantity unreasonably disproportionate to estimates or normal prior requirements may be demanded.

Question 15: What is a material breach of contract?

A breach by a materials supplier
A breach so substantial that it excuses the non-breaching party from further performance (Correct answer)
Any minor deviation from the contract terms
A breach that occurs on a material (physical) object

Correct answer: A breach so substantial that it excuses the non-breaching party from further performance

A material breach is a failure to perform a substantial part of the contract, going to the essence of the agreement and depriving the other party of the expected benefit.

Question 16: Under the Indiana Trial Rules, a defendant served with a complaint in Indiana generally has how many days to respond?

30 days in all cases
14 days, plus 3 if served by mail
20 days, plus 3 if served by mail (Correct answer)
21 days in all cases

Correct answer: 20 days, plus 3 if served by mail

Indiana Trial Rule 6(C) allows 20 days to respond, extended by 3 days when service is by mail under Rule 6(E).

Question 17: A buyer signs an installment contract for monthly deliveries of grain. One installment is slightly nonconforming but can be cured. Under UCC 2-612, the buyer may reject that installment only if:

The seller has been late before
The buyer gives 30 days written notice
Any defect exists, under the perfect tender rule
The nonconformity substantially impairs the value of that installment and cannot be cured (Correct answer)

Correct answer: The nonconformity substantially impairs the value of that installment and cannot be cured

Installment contracts are an exception to perfect tender; rejection requires substantial impairment of the installment that cannot be cured.

Question 18: What is required for a warrantless search of a vehicle to be considered lawful under the Fourth Amendment?

The owner of the vehicle must consent to the search.
The search must be conducted immediately after the vehicle is stopped.
The vehicle must be in a public place at the time of the search.
The police must have probable cause to believe the vehicle contains evidence of a crime. (Correct answer)

Correct answer: The police must have probable cause to believe the vehicle contains evidence of a crime.

Under the 'automobile exception' to the Fourth Amendment's warrant requirement, police may conduct a warrantless search of a vehicle if they have probable cause to believe it contains evidence of a crime. This exception is justified by the vehicle's inherent mobility, which creates an exigency, and the reduced expectation of privacy in a vehicle.

Question 19: A commercial tenant installs bolted-down display counters for its store. Absent contrary agreement, may the tenant remove them at the end of the lease?

Only with the landlord's written consent
No, all attached items become the landlord's property
Only if the lease is longer than five years
Yes, trade fixtures may be removed before the lease ends if removal causes no substantial damage (Correct answer)

Correct answer: Yes, trade fixtures may be removed before the lease ends if removal causes no substantial damage

Under the trade fixtures doctrine, a commercial tenant may remove business-related fixtures before the tenancy ends if the premises can be restored.

Question 20: A defendant charged with sexual assault seeks to introduce evidence of the victim's prior sexual behavior with third parties to show consent. Under the rape shield rule, this evidence is:

Generally inadmissible, subject to narrow exceptions (Correct answer)
Admissible if the defendant testifies first
Admissible only in civil cases
Always admissible if relevant

Correct answer: Generally inadmissible, subject to narrow exceptions

FRE 412 generally bars a victim's other sexual behavior, with limited exceptions such as prior conduct with the accused to show consent.

Question 21: A driver negligently strikes a pedestrian, who suffers a broken leg. Because the pedestrian has brittle bone disease, the fracture is far worse than normal. The driver is liable for:

Only the medical bills, not pain and suffering
Only the injuries a healthy person would have suffered
The full extent of the pedestrian's injuries, even if unforeseeable in severity (Correct answer)
Nothing, because the condition was a superseding cause

Correct answer: The full extent of the pedestrian's injuries, even if unforeseeable in severity

Under the eggshell plaintiff rule, a tortfeasor takes the victim as found and is liable for the full extent of the harm.

Question 22: While analyzing a case file, you find conflicting evidence from different witnesses. What is the most appropriate approach to address this issue in your analysis?

Evaluate the credibility and relevance of each piece of conflicting evidence. (Correct answer)
Conclude that the case is unwinnable due to the conflicting evidence.
Ignore the conflicting evidence as it complicates the case.
Focus only on the evidence that supports your client's position.

Correct answer: Evaluate the credibility and relevance of each piece of conflicting evidence.

When faced with conflicting evidence, a thorough legal analysis requires evaluating the credibility of each witness and the relevance of their testimony. This involves considering factors like witness bias, consistency, corroboration, and how each piece of evidence fits into the overall factual narrative. Ignoring or selectively focusing on evidence would lead to an incomplete and potentially flawed analysis.

Question 23: An easement holder stopped using an easement for 15 years but took no other action. Has the easement been terminated by abandonment?

Yes, because 15 years exceeds the statutory period
No, because easements can never be abandoned
No, because mere nonuse does not constitute abandonment without an act showing intent to abandon (Correct answer)
Yes, because nonuse alone terminates easements

Correct answer: No, because mere nonuse does not constitute abandonment without an act showing intent to abandon

Abandonment requires nonuse plus a physical act demonstrating intent to permanently abandon; nonuse alone is insufficient.

Question 24: What is a deficiency judgment in foreclosure?

A court finding of title defects
A judgment that the property is worth more than the mortgage
A penalty imposed on the lender for improper foreclosure
A judgment for the balance owed after the foreclosure sale proceeds are insufficient to cover the debt (Correct answer)

Correct answer: A judgment for the balance owed after the foreclosure sale proceeds are insufficient to cover the debt

When a foreclosure sale produces less than the outstanding mortgage balance, a deficiency judgment allows the lender to pursue the borrower for the remaining amount owed.

Question 25: In a UCC Article 9 essay, two creditors have perfected security interests in the same collateral: Creditor A filed first but attached later; Creditor B attached first but filed later. Who has priority?

Neither; the debtor's trustee takes the collateral
They share pro rata as equal perfected creditors
Creditor B, because attachment always controls priority
Creditor A, because priority goes to the first to file or perfect (Correct answer)

Correct answer: Creditor A, because priority goes to the first to file or perfect

Between perfected secured parties, priority goes to the first to file or perfect, whichever occurs first, so an early filing wins even if attachment came later.

Question 26: In Indiana, which rule pertains to the admissibility of character evidence in a criminal case?

Character evidence is inadmissible to prove conduct except in specific circumstances. (Correct answer)
Character evidence is always admissible to prove the defendant’s conduct.
Character evidence is admissible if the defendant introduces evidence of their own good character.
Character evidence is admissible only through witness testimony.

Correct answer: Character evidence is inadmissible to prove conduct except in specific circumstances.

Under Indiana Rule of Evidence 404(a), character evidence is generally inadmissible to prove that a person acted in accordance with that character on a particular occasion. However, there are specific exceptions, such as when a criminal defendant opens the door by presenting evidence of their own good character, or when the evidence is offered for another purpose like motive, opportunity, or intent.

Question 27: To authenticate a voice on a phone call, a witness may testify that she recognizes the voice based on:

Only hearing it before the events in dispute
Hearing it at any time under circumstances connecting it to the alleged speaker (Correct answer)
Hearing it at any time, including after litigation began solely to prepare testimony
Only a voiceprint analysis

Correct answer: Hearing it at any time under circumstances connecting it to the alleged speaker

FRE 901(b)(5) allows voice identification based on familiarity acquired at any time, but not familiarity gained solely for litigation.

Question 28: An attorney inadvertently produces a privileged memo during discovery in a federal case. Under FRE 502(b), the privilege is not waived if:

The memo was marked confidential
The holder took reasonable steps to prevent disclosure and promptly took reasonable steps to rectify the error (Correct answer)
The disclosure was intentional but limited
The opposing party agrees to return it

Correct answer: The holder took reasonable steps to prevent disclosure and promptly took reasonable steps to rectify the error

Rule 502(b) preserves privilege for inadvertent disclosures when reasonable precautions and prompt corrective steps were taken.

Question 29: A seller ships nonconforming goods and the buyer rejects them within a reasonable time. Under UCC 2-508, the seller may cure if:

The time for performance has not yet expired, or the seller reasonably believed the goods would be acceptable (Correct answer)
The goods were sold as-is
The contract price exceeds $5,000
The buyer is not a merchant

Correct answer: The time for performance has not yet expired, or the seller reasonably believed the goods would be acceptable

A seller has a right to cure before the performance deadline, and beyond it when the seller had reasonable grounds to believe the tender would be accepted.

Question 30: A plaintiff is injured when a product she purchased malfunctioned. The plaintiff alleges that the manufacturer was negligent in its design of the product. Which of the following must the plaintiff generally prove to establish a claim for negligence?

The plaintiff was aware of the potential risks associated with the product.
The product was defectively designed and caused harm.
The manufacturer had a duty to inspect the product regularly.
The plaintiff suffered damages as a result of the malfunctioning product. (Correct answer)

Correct answer: The plaintiff suffered damages as a result of the malfunctioning product.

To establish a claim for negligence, a plaintiff must generally prove four elements: duty, breach, causation, and damages. While the product being defectively designed (breach of duty) and causing harm (causation) are crucial, the plaintiff must also demonstrate that they suffered actual damages (e.g., injuries, financial loss) as a direct result of the product's malfunction. Without damages, there is no actionable negligence claim.

Question 31: On which day of the Indiana Bar Exam are the two MPT items administered?

The second day with the MBE
Either day at the examinee's option
The first day, in the morning session alongside the MEE day (Correct answer)
A separate third day

Correct answer: The first day, in the morning session alongside the MEE day

The UBE written day pairs the two 90-minute MPTs with the six MEE essays, while the MBE fills the second day.

Question 32: The Privileges and Immunities Clause of Article IV prevents states from discriminating against citizens of other states with respect to:

Fundamental rights related to national unity such as the right to practice a profession (Correct answer)
Property owned by nonresidents
All civil rights including voting
Corporations doing business in the state

Correct answer: Fundamental rights related to national unity such as the right to practice a profession

The Article IV Privileges and Immunities Clause prohibits states from discriminating against out-of-state citizens with respect to fundamental rights related to national unity, such as the right to pursue a livelihood or practice a profession.

Question 33: What is the best evidence rule?

Only the strongest evidence in a case is admissible
The party with the best evidence wins automatically
Original documents must be produced to prove their contents unless an exception applies (Correct answer)
Physical evidence always takes priority over testimony

Correct answer: Original documents must be produced to prove their contents unless an exception applies

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.

Question 34: A defendant swings a bat at the plaintiff intending only to scare him, but accidentally makes contact. In a battery action, the intent element is satisfied because:

Recklessness alone always establishes battery
Battery requires no intent at all
The defendant intended to injure the plaintiff
Intent to cause apprehension transfers to the resulting harmful contact (Correct answer)

Correct answer: Intent to cause apprehension transfers to the resulting harmful contact

Under transferred intent, intent to commit an assault suffices for battery when harmful or offensive contact actually results.

Question 35: Which constitutional provision limits Congress's ability to compel state legislatures to enact or enforce federal regulatory programs?

The Supremacy Clause
The Necessary and Proper Clause
The Equal Protection Clause
The Tenth Amendment anti-commandeering principle (Correct answer)

Correct answer: The Tenth Amendment anti-commandeering principle

The anti-commandeering principle, derived from the Tenth Amendment and articulated in New York v. United States and Printz v. United States, prohibits Congress from directly compelling state legislatures or executive officers to implement federal programs.

Question 36: An Indiana testator's will leaves 'my farm to my brother Ben.' Ben dies before the testator, leaving two daughters. Under Indiana's anti-lapse statute, the farm passes to:

The testator's heirs by intestacy
Ben's two daughters, because the anti-lapse statute protects gifts to descendants of the testator's grandparents (Correct answer)
Ben's estate, to be distributed under Ben's will
The residuary beneficiaries, because the gift lapsed

Correct answer: Ben's two daughters, because the anti-lapse statute protects gifts to descendants of the testator's grandparents

Indiana's anti-lapse statute saves gifts to a predeceased devisee who is a descendant of the testator's grandparent, passing the gift to the devisee's surviving issue.

Question 37: A seller of goods repudiates a delivery contract. The buyer purchases substitute goods in good faith at a higher price. The buyer's damages under UCC 2-712 are measured by:

Cover price minus contract price, plus incidental and consequential damages, minus expenses saved (Correct answer)
Contract price minus salvage value
The full cover price paid
Market price at the time of contracting minus contract price

Correct answer: Cover price minus contract price, plus incidental and consequential damages, minus expenses saved

A covering buyer recovers the difference between the cover price and the contract price plus incidental and consequential damages, less expenses saved.

Question 38: In a secured transactions essay, a bank perfects a security interest in a debtor's equipment by filing. The debtor then sells the equipment to a buyer who knows nothing of the lien. Who prevails?

The bank, but only if it repossesses within 10 days of the sale
The bank, because a perfected security interest generally continues in collateral after sale (Correct answer)
The buyer, because good-faith purchasers always take free of security interests
The buyer, because filing gives no notice to individuals

Correct answer: The bank, because a perfected security interest generally continues in collateral after sale

Under UCC Article 9, a security interest continues in collateral notwithstanding sale unless the secured party authorized the disposition free of the interest, and the buyer-in-ordinary-course exception does not apply to equipment sold outside inventory sales.

Question 39: What privilege protects spousal communications?

All conversations between married people are privileged forever
Only written communications between spouses are protected
Spousal privilege only applies in divorce proceedings
Confidential communications between spouses during marriage are privileged and cannot be compelled (Correct answer)

Correct answer: Confidential communications between spouses during marriage are privileged and cannot be compelled

The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.

Question 40: A federal diversity case is filed in Indiana. Which law governs the substantive issues and which governs procedure?

Federal law for both
Federal substantive law and Indiana procedural law
Indiana law for both
Indiana substantive law and federal procedural law (Correct answer)

Correct answer: Indiana substantive law and federal procedural law

Under Erie, a federal court sitting in diversity applies state substantive law and federal procedural law.

Question 41: Absent an emergency, due process ordinarily requires that before an Indiana agency revokes a professional license, the licensee receive:

A jury trial
Appointed counsel at state expense
Notice and an opportunity to be heard (Correct answer)
A unanimous vote of the agency board

Correct answer: Notice and an opportunity to be heard

A license is a protected property interest, so revocation requires notice and a meaningful opportunity to be heard before deprivation absent emergency circumstances.

Question 42: During settlement negotiations, a defendant says, 'I know my brakes were bad, but I'll only pay half.' At trial, the plaintiff offers this statement. It is:

Admissible because factual statements are severable from offers
Admissible only to prove bias
Inadmissible under Rule 408 as a statement made during compromise negotiations (Correct answer)
Admissible as a party admission

Correct answer: Inadmissible under Rule 408 as a statement made during compromise negotiations

Rule 408 excludes both offers to compromise and statements made during compromise negotiations when offered to prove liability.

Question 43: Under the Fourteenth Amendment's Equal Protection Clause, a law that classifies on the basis of gender is subject to which standard of review?

Heightened rational basis
Strict scrutiny
Intermediate scrutiny (Correct answer)
Rational basis review

Correct answer: Intermediate scrutiny

Gender-based classifications are subject to intermediate scrutiny, requiring the government to show the law is substantially related to an important governmental interest.

Question 44: In Indiana, what standard applies when determining if a defendant breached their duty of care?

The defendant's personal standard of conduct
Whatever the plaintiff considers reasonable
The reasonable person standard — what a prudent person would do under similar circumstances (Correct answer)
A standard based solely on industry custom

Correct answer: The reasonable person standard — what a prudent person would do under similar circumstances

The reasonable person standard is an objective test measuring the defendant's conduct against what a hypothetical prudent person would do in the same situation.

Question 45: A manufacturer sells a lawnmower with no guard over the blade. In a product liability claim under the Indiana Product Liability Act based on a design defect, the plaintiff must generally prove the manufacturer:

Failed to exercise reasonable care in designing the product (Correct answer)
Is strictly liable regardless of care because the design caused harm
Breached an express warranty in the manual
Acted with malice toward consumers

Correct answer: Failed to exercise reasonable care in designing the product

Indiana applies a negligence standard to design defect and warning claims, reserving strict liability for manufacturing defects.

Question 46: A party seeks to impeach a witness with a 15-year-old felony conviction for which the witness finished serving her sentence 12 years ago. The conviction is admissible only if:

Its probative value substantially outweighs its prejudicial effect and reasonable notice is given (Correct answer)
The conviction was for a violent crime
The witness is the criminal defendant
It involved dishonesty of any kind

Correct answer: Its probative value substantially outweighs its prejudicial effect and reasonable notice is given

Under FRE 609(b), convictions over ten years old require probative value substantially outweighing prejudice plus written notice.

Question 47: A defendant seeks post-conviction relief in Indiana claiming ineffective assistance of trial counsel that was not raised on direct appeal. The claim is:

Cognizable only in federal habeas corpus
Properly raised, because ineffective assistance claims may be brought for the first time in post-conviction proceedings (Correct answer)
Barred by res judicata
Procedurally defaulted for failure to raise it on direct appeal

Correct answer: Properly raised, because ineffective assistance claims may be brought for the first time in post-conviction proceedings

Indiana permits and generally prefers ineffective assistance claims to be raised in post-conviction proceedings where a factual record can be developed.

Question 48: Under Indiana law, punitive damages must be proven by what standard of proof?

Preponderance of the evidence
Clear and convincing evidence (Correct answer)
Beyond a reasonable doubt
Probable cause

Correct answer: Clear and convincing evidence

Indiana requires clear and convincing evidence that the defendant acted with malice, fraud, gross negligence, or oppressiveness to support punitive damages.

Question 49: A testator's will leaves "my car" to his nephew. At death, the testator no longer owned a car because it was destroyed and never replaced. What does the nephew take under the doctrine of ademption?

A replacement car purchased by the estate
Nothing, because the specific gift adeemed by extinction (Correct answer)
A share of the residuary estate equal to the car's value
The cash value of the car

Correct answer: Nothing, because the specific gift adeemed by extinction

Under ademption by extinction, a specific bequest fails entirely if the property is not in the estate at death.

Question 50: An expert witness bases her opinion on inadmissible hearsay reports. Her opinion is:

Admissible if experts in the field reasonably rely on such data (Correct answer)
Inadmissible unless the reports are authenticated
Inadmissible because it rests on hearsay
Admissible only if the reports are separately admitted

Correct answer: Admissible if experts in the field reasonably rely on such data

Under FRE 703, an expert may rely on inadmissible facts or data if experts in the field would reasonably rely on them.

Question 51: At a contested relocation hearing in Indiana, who bears the initial burden of proof?

Neither party; the court investigates independently
The relocating parent must show the move is made in good faith and for a legitimate reason (Correct answer)
The nonrelocating parent must show the move is in bad faith
The child's guardian ad litem must recommend the move

Correct answer: The relocating parent must show the move is made in good faith and for a legitimate reason

The relocating parent must first prove good faith and a legitimate reason; the burden then shifts to the nonrelocating parent to show relocation is not in the child's best interests.

Question 52: What is joint and several liability?

Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage (Correct answer)
Only the primary defendant is liable
Liability is split equally among all parties
Each defendant pays only their proportional share

Correct answer: Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage

Under joint and several liability, each defendant is independently responsible for the full amount of damages, allowing the plaintiff to collect the entire judgment from any one defendant.

Question 53: Under Indiana law, punitive damages in a tort case must be proven by:

Substantial evidence on judicial notice
Clear and convincing evidence (Correct answer)
A preponderance of the evidence
Proof beyond a reasonable doubt

Correct answer: Clear and convincing evidence

Indiana statutorily requires clear and convincing evidence to support an award of punitive damages.

Question 54: A wife is called to testify against her husband in a federal criminal trial about events during the marriage. Regarding spousal testimonial privilege:

The privilege applies only in civil cases
The privilege belongs to the court
The wife alone holds the privilege and may choose to testify (Correct answer)
The husband may prevent her from testifying

Correct answer: The wife alone holds the privilege and may choose to testify

Under Trammel v. United States, the witness-spouse alone holds the testimonial privilege and may waive it.

Question 55: Which of the following is NOT a protected right under the First Amendment?

Freedom of speech
Freedom of religion
Right to privacy (Correct answer)
Freedom of the press

Correct answer: Right to privacy

While the right to privacy is a recognized constitutional right, it is not explicitly enumerated in the First Amendment. The First Amendment specifically protects freedoms related to speech, religion, press, assembly, and petition. The right to privacy, though fundamental, has been interpreted by the Supreme Court as emanating from various other amendments, such as the Fourth, Fifth, Ninth, and Fourteenth Amendments, creating a "penumbra" of rights.

Question 56: Can grandparents obtain visitation rights?

In limited circumstances, courts may grant grandparent visitation if it serves the child's best interest (Correct answer)
Grandparents always have automatic visitation rights
Grandparents can never obtain court-ordered visitation
Only paternal grandparents have visitation rights

Correct answer: In limited circumstances, courts may grant grandparent visitation if it serves the child's best interest

Courts may grant grandparent visitation in specific circumstances, typically when the parents' marriage has been disrupted and visitation serves the child's best interest, balanced against parental rights.

Question 57: The MPT Library includes a statute and two cases from the fictional state of Franklin. What should an examinee assume about outside law?

Real Indiana law controls over the Library materials
Only the law provided in the Library should be used to analyze the problem (Correct answer)
Restatement provisions may be freely substituted
Federal law always supplements the Library

Correct answer: Only the law provided in the Library should be used to analyze the problem

The MPT is a closed universe, so only the legal authorities supplied in the Library may be relied upon.

Question 58: An Indiana agency circulates an internal guidance document it calls a nonrule policy statement. What is the key legal limit on that document?

It cannot have the binding force of law like a properly adopted rule (Correct answer)
It binds the public but not the agency
It expires after 30 days
It must be approved by the state budget committee

Correct answer: It cannot have the binding force of law like a properly adopted rule

A nonrule policy statement is not adopted through rulemaking and therefore lacks the force of law of a duly promulgated rule.

Question 59: In Indiana, to be entitled to record, a deed generally must be signed by the grantor and satisfy what additional formality?

The grantee's signature
Approval by the county assessor
Acknowledgment before a notary or other authorized officer (Correct answer)
Attestation by two subscribing witnesses

Correct answer: Acknowledgment before a notary or other authorized officer

Indiana requires a conveyance to be acknowledged (proven) before an authorized officer for the instrument to be recorded.

Question 60: After executing her will, an Indiana testator marries. She dies without updating the will and without providing for her new husband. The husband is entitled to:

Only the elective share, with no pretermitted-spouse rights
An intestate share as an omitted (pretermitted) spouse, unless the will shows the omission was intentional or he was provided for outside the will (Correct answer)
Nothing, because the will predates the marriage
The entire estate automatically

Correct answer: An intestate share as an omitted (pretermitted) spouse, unless the will shows the omission was intentional or he was provided for outside the will

A spouse who marries the testator after the will's execution generally takes an intestate share unless the omission was intentional or compensated by nonprobate transfers.

Question 61: A tavern continues serving a visibly intoxicated patron who then drives and injures another motorist. Indiana's Dram Shop Act imposes liability on the tavern if it:

Merely should have suspected intoxication
Served any alcohol to the patron that evening
Had actual knowledge the patron was visibly intoxicated and the intoxication proximately caused the injury (Correct answer)
Failed to provide a ride home

Correct answer: Had actual knowledge the patron was visibly intoxicated and the intoxication proximately caused the injury

Indiana's dram shop statute requires actual knowledge of visible intoxication plus proximate causation.

Question 62: Under Article III standing requirements, a plaintiff must demonstrate all EXCEPT which of the following?

Injury in fact
A constitutional violation by the government (Correct answer)
Causation between injury and defendant's conduct
Redressability of the injury

Correct answer: A constitutional violation by the government

Standing requires injury in fact, causation, and redressability; a constitutional violation is not required — statutory, regulatory, or common law injuries may also confer standing.

Question 63: A merchant seller shipped nonconforming goods to a buyer with a note offering them as an accommodation. Under UCC Article 2, this shipment constitutes:

A rejection of the offer
An enforceable acceptance of the original terms
A counteroffer, not an acceptance or breach (Correct answer)
An acceptance and simultaneous breach

Correct answer: A counteroffer, not an acceptance or breach

Shipping nonconforming goods with a seasonable accommodation notice is a counteroffer, not an acceptance and breach.

Question 64: A landowner conveyed property "to my daughter for life, then to her children who survive her." At the time of conveyance, the daughter had no children. What interest do the daughter's unborn children have?

An executory interest
A contingent remainder (Correct answer)
A reversion
A vested remainder subject to open

Correct answer: A contingent remainder

Because the takers are unascertained (unborn) and survival is a condition precedent, the children hold a contingent remainder.

Question 65: A mortgagor defaults, and the lender forecloses. A second mortgage was recorded after the foreclosing first mortgage. What happens to the second mortgage after a valid foreclosure sale on the first?

It converts to an unsecured claim against the purchaser
It automatically becomes a first mortgage on the property
It is extinguished as to the land, leaving the junior lender to claim surplus proceeds (Correct answer)
It survives and binds the foreclosure sale purchaser

Correct answer: It is extinguished as to the land, leaving the junior lender to claim surplus proceeds

Foreclosure of a senior mortgage wipes out properly joined junior liens, which then attach only to any surplus sale proceeds.

Question 66: In Indiana, a will must be signed by the testator and witnessed by at least how many competent witnesses?

One
Four
Two (Correct answer)
Three

Correct answer: Two

Indiana Code 29-1-5-3 requires the testator's signature and attestation by two witnesses in the testator's presence.

Question 67: The Free Exercise Clause protects individuals from government interference with religious practices. Under Employment Division v. Smith, a neutral law of general applicability that burdens religion requires:

Rational basis review (Correct answer)
Intermediate scrutiny
Strict scrutiny
Compelling interest balancing

Correct answer: Rational basis review

In Employment Division v. Smith, the Supreme Court held that neutral, generally applicable laws that incidentally burden religious practices need only satisfy rational basis review.

Question 68: A witness testifies that she heard the defendant say, 'I ran the red light.' Under the Federal Rules of Evidence, this statement is admissible as:

A declaration against interest requiring unavailability
A present sense impression exception to hearsay
A statement by a party-opponent, which is not hearsay (Correct answer)
Inadmissible hearsay with no applicable exception

Correct answer: A statement by a party-opponent, which is not hearsay

Under FRE 801(d)(2), a party's own statement offered against that party is excluded from the definition of hearsay.

Question 69: A dying declaration is admissible under the Federal Rules of Evidence in:

Civil cases only
Homicide prosecutions and civil cases only (Correct answer)
Any criminal case
All cases without limitation

Correct answer: Homicide prosecutions and civil cases only

Under FRE 804(b)(2), dying declarations apply only in homicide prosecutions and civil actions.

Question 70: Under the First Amendment, which standard of review applies to a content-neutral government regulation of speech?

Compelling interest test
Rational basis review
Strict scrutiny
Intermediate scrutiny (Correct answer)

Correct answer: Intermediate scrutiny

Content-neutral regulations are subject to intermediate scrutiny, requiring the regulation to be narrowly tailored to serve a significant governmental interest and leave open alternative channels of communication.

Question 71: A city ordinance bans all leafleting in public parks to reduce litter. The ordinance is most likely:

Unconstitutional because it is not narrowly tailored in a traditional public forum (Correct answer)
Constitutional because parks are nonpublic forums
Unconstitutional as viewpoint discrimination
Constitutional as a content-neutral regulation

Correct answer: Unconstitutional because it is not narrowly tailored in a traditional public forum

Parks are traditional public forums, and a total leafleting ban fails narrow tailoring because less restrictive litter measures exist.

Question 72: An Indiana testator executes a valid will, then writes 'VOID' across every page and signs it, intending revocation. The will is:

Revoked only as to the pages actually marked
Still valid, because only burning or tearing revokes a will
Revoked, because cancellation with intent to revoke is a valid physical act of revocation (Correct answer)
Still valid, because revocation requires two witnesses

Correct answer: Revoked, because cancellation with intent to revoke is a valid physical act of revocation

A will may be revoked by a physical act such as cancellation performed on the will with contemporaneous intent to revoke.

Question 73: Which doctrine allows federal courts to decline to exercise jurisdiction over a case involving an unsettled question of state constitutional law?

Mootness doctrine
Abstention doctrine (Correct answer)
Standing doctrine
Political question doctrine

Correct answer: Abstention doctrine

The abstention doctrine (particularly Pullman abstention) allows federal courts to defer to state courts on unresolved questions of state law that might make a federal constitutional ruling unnecessary.

Question 74: In a criminal trial, the defendant offers testimony from his pastor that he has a reputation for honesty. The prosecution may respond by:

Calling witnesses only about unrelated character traits
Cross-examining the pastor about specific instances of the defendant's dishonesty (Correct answer)
Nothing, because character rebuttal is prohibited
Offering evidence of specific dishonest acts as extrinsic proof

Correct answer: Cross-examining the pastor about specific instances of the defendant's dishonesty

Once the defendant opens the door with character evidence, the prosecution may inquire into specific instances on cross-examination under Rule 405(a).

Question 75: A premarital agreement in Indiana is unenforceable if the challenging spouse proves what?

The agreement waives spousal maintenance in any respect
It was signed fewer than 30 days before the wedding
The parties did not each retain separate counsel
The agreement was not executed voluntarily, or it was unconscionable when executed and the spouse lacked fair disclosure of assets (Correct answer)

Correct answer: The agreement was not executed voluntarily, or it was unconscionable when executed and the spouse lacked fair disclosure of assets

Under Indiana's version of the Uniform Premarital Agreement Act, enforcement fails only for involuntariness or unconscionability at execution combined with inadequate disclosure and lack of knowledge of assets.

Question 76: In a contract for the sale of goods, which of the following best describes the "mirror image rule"?

The offeror must provide a written acceptance for the contract to be enforceable.
The acceptance of the offer must exactly match the terms of the offer. (Correct answer)
The offer must be accepted within a reasonable time to be valid.
The acceptance of the offer can include additional terms without affecting the contract.

Correct answer: The acceptance of the offer must exactly match the terms of the offer.

The 'mirror image rule' in common law contract formation dictates that for an acceptance to be valid, it must be an unequivocal and unqualified assent to the terms of the offer. Any change, addition, or qualification to the terms of the offer constitutes a counteroffer, not an acceptance, and thus no contract is formed under the original offer.

Question 77: The Establishment Clause of the First Amendment prohibits the government from doing which of the following?

Funding private religious schools for secular subjects
Displaying religious symbols on private property
Establishing an official state religion (Correct answer)
Opening legislative sessions with a nondenominational prayer

Correct answer: Establishing an official state religion

The Establishment Clause's core prohibition is against government establishing an official state religion or giving preference to one religion over others.

Question 78: When citing authority in an MPT answer, what level of citation formality is expected?

No citations at all are permitted
Full Bluebook citations with pincites and parallel cites
Informal but clear references identifying the authority, such as the case name (Correct answer)
Citations only to real Indiana cases

Correct answer: Informal but clear references identifying the authority, such as the case name

Graders expect identification of the authority relied on, but perfect Bluebook format is not required.

Question 79: A farmer grants a utility company the right to run power lines across his field. The grant benefits the company itself rather than any parcel of land. How is this interest classified?

A profit à prendre
A license
An easement in gross (Correct answer)
An easement appurtenant

Correct answer: An easement in gross

An easement that benefits a person or entity rather than a dominant parcel is an easement in gross.

Question 80: A buyer and seller sign a written contract for the sale of land. Before closing, the seller dies. Under the doctrine of equitable conversion, who bears the risk of loss if the property is destroyed by fire before closing in a majority jurisdiction?

The seller
The seller's estate
Neither party; the contract is void
The buyer (Correct answer)

Correct answer: The buyer

Under equitable conversion, the buyer holds equitable title once the contract is signed and thus bears the risk of loss in majority jurisdictions.

Question 81: In Indiana, which of the following is true about the statute of limitations for filing a personal injury lawsuit?

The statute of limitations is 2 years from the date of the injury. (Correct answer)
The statute of limitations is 3 years from the date of the injury.
The statute of limitations is 1 year from the date of the injury.
The statute of limitations is 4 years from the date of the injury.

Correct answer: The statute of limitations is 2 years from the date of the injury.

In Indiana, the statute of limitations for most personal injury lawsuits is two (2) years. This means a plaintiff must file their lawsuit within two years from the date the injury occurred, or they will generally be barred from bringing the claim. This rule ensures timely resolution of disputes and prevents stale claims.

Question 82: A criminal defendant offers evidence that he offered to pay the victim's medical bills after a bar fight. Offered to prove he was not the aggressor, this evidence of paying medical expenses is:

Inadmissible to prove liability for the injury under Rule 409 (Correct answer)
Admissible only in civil cases
Automatically admissible as an admission of fault
Admissible as evidence of the defendant's good character

Correct answer: Inadmissible to prove liability for the injury under Rule 409

Rule 409 excludes offers to pay medical expenses when offered to prove liability for the injury.

Question 83: What is the double jeopardy clause?

The right to two appeals
The Fifth Amendment prohibition against being tried twice for the same offense (Correct answer)
Protection against receiving two sentences
A requirement to face two juries simultaneously

Correct answer: The Fifth Amendment prohibition against being tried twice for the same offense

The Double Jeopardy Clause of the Fifth Amendment prevents the government from prosecuting a person twice for the same offense or imposing multiple punishments for the same crime.

Question 84: In an agency essay, an employer is sued for an employee delivery driver's negligent driving during a personal errand far off the assigned route. The employer's best defense is that the driver was:

Insured personally, which shifts all liability
Acting intentionally, which is never imputed
On a frolic, a substantial deviation outside the scope of employment (Correct answer)
An at-will employee, which eliminates vicarious liability

Correct answer: On a frolic, a substantial deviation outside the scope of employment

A substantial personal deviation, or frolic, takes the employee outside the scope of employment and defeats respondeat superior liability.

Question 85: In Indiana, a mortgagor whose home is sold at a sheriff's foreclosure sale generally has what right after the sale is confirmed?

No statutory right of redemption after the sale; redemption must occur before the sale (Correct answer)
One year to redeem by paying the sale price plus interest
An automatic right to lease back the property
Six months to redeem from the purchaser

Correct answer: No statutory right of redemption after the sale; redemption must occur before the sale

Indiana permits redemption only before the foreclosure sale; once the sheriff's sale occurs, there is no statutory post-sale redemption for the mortgagor.

Question 86: Police attach a GPS tracker to a suspect's car without a warrant and monitor it for 28 days. Under United States v. Jones, this conduct:

Is a search only if the monitoring exceeds 30 days
Is a Fourth Amendment search because the physical trespass to the vehicle was for the purpose of obtaining information (Correct answer)
Is not a search because movements on public roads are exposed to the public
Is lawful under the automobile exception

Correct answer: Is a Fourth Amendment search because the physical trespass to the vehicle was for the purpose of obtaining information

Jones held that physically installing a GPS device on a vehicle to gather information is a search under the trespass theory.

Question 87: Under Indiana's Comparative Fault Act, a plaintiff is barred from recovery in a negligence action against a non-governmental defendant when the plaintiff's fault is:

Any percentage of the total fault
Greater than 75% of the total fault
Greater than 50% of the total fault (Correct answer)
50% or more of the total fault

Correct answer: Greater than 50% of the total fault

Indiana's modified comparative fault system bars recovery only when the plaintiff's fault exceeds 50%, so a plaintiff at exactly 50% may still recover.

Question 88: In a partnership essay, a partner dissociates from an at-will partnership by express notice. Under RUPA, what is the effect on the partnership?

The dissociating partner keeps sharing profits for five years
The partnership dissolves and its business must be wound up (Correct answer)
The partnership converts into a limited partnership
The partnership automatically continues with a mandatory buyout only

Correct answer: The partnership dissolves and its business must be wound up

Under RUPA, a partner's express-will dissociation from an at-will partnership triggers dissolution and winding up unless remaining partners waive it.

Question 89: The Fourteenth Amendment's Equal Protection Clause requires strict scrutiny when a law discriminates on the basis of which classification?

Sexual orientation
Race (Correct answer)
Wealth
Age

Correct answer: Race

Race is a suspect classification that triggers strict scrutiny, requiring the government to show the law is necessary to achieve a compelling governmental interest and is narrowly tailored.

Question 90: Does Indiana recognize common-law marriages?

Yes, if the couple holds themselves out as married and files joint taxes
No for marriages formed in Indiana after 1958, but it recognizes valid common-law marriages formed in states that permit them (Correct answer)
No, and it refuses to recognize any common-law marriage from other states
Yes, after seven years of cohabitation

Correct answer: No for marriages formed in Indiana after 1958, but it recognizes valid common-law marriages formed in states that permit them

Indiana abolished common-law marriage effective 1958 but, under comity, recognizes common-law marriages validly created in other jurisdictions.

Question 91: What is notice-and-comment rulemaking?

A rule that takes effect immediately without public input
A process where agencies publish proposed rules, accept public comments, and issue final rules with responses to comments (Correct answer)
A legislative process for passing new laws
A procedure where only affected businesses are notified

Correct answer: A process where agencies publish proposed rules, accept public comments, and issue final rules with responses to comments

Notice-and-comment (informal) rulemaking requires agencies to publish proposed rules in the Federal Register, allow public comment, and consider those comments before issuing a final rule.

Question 92: Which constitutional doctrine holds that courts will not decide political questions that have been committed by the Constitution to another branch of government?

Non-justiciability doctrine
Abstention doctrine
Political question doctrine (Correct answer)
Ripeness doctrine

Correct answer: Political question doctrine

The political question doctrine bars federal courts from hearing cases involving questions committed to the political branches by the Constitution, such as the conduct of foreign affairs or the process for impeachment.

Question 93: A leading question is generally permitted during:

No stage of trial testimony
Only redirect examination
Direct examination of any witness
Cross-examination of a witness (Correct answer)

Correct answer: Cross-examination of a witness

Rule 611(c) permits leading questions on cross-examination and with hostile witnesses, but ordinarily not on direct.

Question 94: What are the grounds for contesting a will?

Filing after the probate deadline has passed
Lack of testamentary capacity, undue influence, fraud, or improper execution (Correct answer)
The beneficiary's belief they deserve more
Disagreement with the distribution amounts

Correct answer: Lack of testamentary capacity, undue influence, fraud, or improper execution

Wills can be contested on grounds including the testator's mental incapacity, undue influence by a beneficiary, fraud or forgery, or failure to meet formal execution requirements.

Question 95: A city rezones a parcel, eliminating all economically beneficial use of the land, and no background principles of state law prohibit the owner's intended use. Under Lucas v. South Carolina Coastal Council, what result?

No taking, because zoning is a valid police power
A taking only if the owner proves discriminatory intent
A per se taking requiring just compensation (Correct answer)
No taking unless there is a physical invasion

Correct answer: A per se taking requiring just compensation

A regulation depriving land of all economically beneficial use is a categorical taking unless the restriction inheres in background principles of property or nuisance law.

Question 96: A newspaper publishes a false statement about a private individual on a matter of public concern. Under constitutional defamation principles, the plaintiff must prove at least:

Intent to destroy the plaintiff's business
Nothing beyond publication of the statement
Negligence as to the falsity of the statement (Correct answer)
Actual malice by clear and convincing evidence

Correct answer: Negligence as to the falsity of the statement

Under Gertz, private-figure plaintiffs suing on matters of public concern must prove at least negligence regarding falsity.

Question 97: Which duty does an Indiana trustee breach by purchasing trust assets for the trustee's personal account, even at fair market value?

The duty to inform and report
The duty to earmark trust property
The duty of impartiality between income and remainder beneficiaries
The duty of loyalty, under the self-dealing (no further inquiry) rule (Correct answer)

Correct answer: The duty of loyalty, under the self-dealing (no further inquiry) rule

Self-dealing violates the duty of loyalty regardless of the fairness of the price, triggering the no-further-inquiry rule.

Question 98: In Indiana, a paternity affidavit executed at the hospital may generally be rescinded within what period?

Six months after execution for any reason
One year after the child's birth
It may never be rescinded once signed
60 days after execution, absent fraud, duress, or material mistake of fact (Correct answer)

Correct answer: 60 days after execution, absent fraud, duress, or material mistake of fact

A properly executed paternity affidavit becomes conclusive after 60 days unless challenged on grounds of fraud, duress, or material mistake of fact.

Question 99: An Indiana agency issues an emergency order under IC 4-21.5-4 suspending a license to protect public health. What must the agency then provide?

Compensation for lost income
A prompt opportunity for an administrative hearing (Correct answer)
Nothing; emergency orders are unreviewable
A full trial in circuit court within 10 days

Correct answer: A prompt opportunity for an administrative hearing

Emergency orders take effect immediately, but the agency must promptly afford the affected party an opportunity for review through an administrative proceeding.

Question 100: Police interrogate a jailed defendant about a burglary after he was appointed counsel on an unrelated robbery charge. He waives Miranda and confesses to the burglary. The confession is:

Admissible only if his robbery counsel consented
Inadmissible, because his appointed counsel was not notified
Admissible, because the Sixth Amendment right to counsel is offense-specific and did not attach to the uncharged burglary (Correct answer)
Inadmissible under Edwards v. Arizona

Correct answer: Admissible, because the Sixth Amendment right to counsel is offense-specific and did not attach to the uncharged burglary

Under McNeil and Texas v. Cobb, the Sixth Amendment right is offense-specific, so questioning on an uncharged, factually distinct crime is permitted after a valid Miranda waiver.

Question 101: A buyer signs a contract to purchase a home, and before closing a tornado destroys the house through no fault of either party. Under the majority equitable conversion doctrine, who bears the risk of loss?

Neither party; the contract is automatically rescinded
Both parties equally
The buyer, because equitable title passed at contract signing (Correct answer)
The seller, because legal title has not yet transferred

Correct answer: The buyer, because equitable title passed at contract signing

Under equitable conversion, the buyer holds equitable title once the contract is signed and therefore bears the risk of loss before closing in majority jurisdictions.

Question 102: Before an Indiana agency adopts a legislative rule with the force of law under IC 4-22-2, it generally must:

Secure consent from all regulated parties
Provide public notice and an opportunity to comment (Correct answer)
Obtain approval from the Indiana Supreme Court
Hold a statewide referendum

Correct answer: Provide public notice and an opportunity to comment

Indiana's rulemaking statute requires public notice and an opportunity for comment before a rule is adopted.

Question 103: The fictional MPT jurisdiction of Franklin sits within which fictional federal circuit?

The Fifteenth Circuit (Correct answer)
The Ninth Circuit
The First Circuit
The Twelfth Circuit

Correct answer: The Fifteenth Circuit

MPT materials place Franklin, Columbia, and Olympia in the fictional Fifteenth Circuit.

Question 104: The doctrine of incorporation applies provisions of the Bill of Rights to the states through which constitutional provision?

Tenth Amendment
Fifth Amendment's Due Process Clause
Fourteenth Amendment's Due Process Clause (Correct answer)
First Amendment

Correct answer: Fourteenth Amendment's Due Process Clause

The Supreme Court has selectively incorporated most Bill of Rights provisions against the states through the Due Process Clause of the Fourteenth Amendment.

Question 105: In drafting an MPT persuasive brief, point headings should generally be written as what?

Single-word issue tags
Complete argumentative sentences combining law and favorable facts (Correct answer)
Neutral topic labels such as "Negligence"
Questions posed to the court

Correct answer: Complete argumentative sentences combining law and favorable facts

Effective persuasive point headings are full sentences that assert the conclusion using law applied to the client's facts.

Question 106: A defendant confessed after police continued questioning him despite his clear statement, "I want a lawyer." The confession is:

Inadmissible because questioning must cease after an unambiguous request for counsel (Correct answer)
Admissible if the confession was voluntary
Inadmissible only if the defendant was under arrest for a felony
Admissible because Miranda warnings were given initially

Correct answer: Inadmissible because questioning must cease after an unambiguous request for counsel

Under Edwards v. Arizona, once a suspect unambiguously invokes the right to counsel, all interrogation must stop until counsel is present or the suspect reinitiates.

Question 107: At a lineup conducted after indictment, the defendant has no lawyer present and a witness identifies him. At trial, the witness identifies him again in court. The in-court identification is:

Admissible only if the State shows by clear and convincing evidence an independent source untainted by the lineup (Correct answer)
Automatically admissible because it occurs in court
Admissible if the lineup was not unduly suggestive
Automatically inadmissible under the exclusionary rule

Correct answer: Admissible only if the State shows by clear and convincing evidence an independent source untainted by the lineup

Post-indictment lineups without counsel violate Wade-Gilbert, but an in-court identification survives if it has an independent origin shown by clear and convincing evidence.

Question 108: Which of the following is a commonly recommended time split for a 90-minute MPT?

About 10 minutes reading, 80 minutes writing
About 80 minutes reading, 10 minutes writing
About 30 minutes reading, 60 minutes on citations
About 45 minutes reading and organizing, 45 minutes writing (Correct answer)

Correct answer: About 45 minutes reading and organizing, 45 minutes writing

NCBE guidance suggests roughly half the time on reading and outlining and half on drafting.

Question 109: In a civil case tried in federal court under diversity jurisdiction, the competency of a witness is determined by:

Federal common law in all instances
State law when state law supplies the rule of decision (Correct answer)
The judge's discretion alone
The law of the witness's domicile

Correct answer: State law when state law supplies the rule of decision

Under FRE 601, state competency law governs when state law supplies the rule of decision for a claim or defense.

Question 110: A witness refuses to comply with an Indiana agency's subpoena during a contested proceeding. How is the subpoena enforced?

The agency jails the witness directly
The ALJ holds the witness in criminal contempt
The subpoena is self-executing and needs no enforcement
The agency applies to a court for an enforcement order (Correct answer)

Correct answer: The agency applies to a court for an enforcement order

Agencies lack contempt power, so subpoena enforcement requires application to a court, which may compel compliance.

Question 111: A general warranty deed contains six covenants of title. Which covenant is breached, if at all, only when the grantee is actually or constructively evicted by superior title?

The covenant against encumbrances
The covenant of seisin
The covenant of quiet enjoyment (Correct answer)
The covenant of the right to convey

Correct answer: The covenant of quiet enjoyment

Quiet enjoyment (like warranty) is a future covenant breached only upon disturbance of possession by one holding paramount title.

Question 112: A testator's will leaves 'my car' to a nephew, but the testator sold that car and bought a new one before dying. Under the ademption doctrine tested on the MEE, what does the nephew most likely receive?

The cash value of the original car
Nothing, if the jurisdiction applies traditional ademption by extinction to the specific gift (Correct answer)
The replacement car automatically in all jurisdictions
A share of the residuary estate equal to the car's value

Correct answer: Nothing, if the jurisdiction applies traditional ademption by extinction to the specific gift

Under traditional ademption by extinction, a specific bequest fails if the item is not in the estate at death, though some UPC states create replacement-property exceptions.

Question 113: In determining child custody, what is the primary consideration for the court under the best interests of the child standard?

The length of time each parent has spent with the child
The wishes of the child
The ability of each parent to provide a stable and nurturing environment (Correct answer)
The financial status of each parent

Correct answer: The ability of each parent to provide a stable and nurturing environment

When determining child custody, courts prioritize the 'best interests of the child.' This standard encompasses various factors, but the overarching goal is to ensure the child's well-being, safety, and development. A parent's ability to provide a stable, safe, and nurturing environment, including meeting the child's physical, emotional, and educational needs, is a primary consideration in this assessment.

Question 114: What is the standard for probable cause?

A mere hunch by law enforcement
Evidence beyond a reasonable doubt
Absolute certainty that a crime occurred
Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed (Correct answer)

Correct answer: Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Probable cause exists when there are sufficient facts and circumstances to lead a reasonable person to believe that criminal activity is afoot or evidence will be found.

Question 115: During a bar fight, a defendant swung a bottle at one person but missed and struck a bystander. Regarding the bystander, the defendant is liable for battery under which doctrine?

Transferred intent (Correct answer)
Respondeat superior
Assumption of risk
Comparative fault

Correct answer: Transferred intent

Transferred intent applies when a defendant intends a tort against one person but commits it against another.

Question 116: Under the Confrontation Clause as interpreted in Crawford v. Washington, testimonial hearsay is inadmissible against a criminal defendant unless:

The statement falls within any hearsay exception
The statement was made under oath
The declarant is unavailable and the defendant had a prior opportunity for cross-examination (Correct answer)
The judge finds the statement reliable

Correct answer: The declarant is unavailable and the defendant had a prior opportunity for cross-examination

Crawford requires unavailability plus a prior opportunity to cross-examine for testimonial statements.

Question 117: After reviewing a client’s case, you need to draft a letter informing the client about the strengths and weaknesses of their case. What should you ensure is included in the letter?

A guarantee of winning the case
A detailed explanation of the legal process and potential outcomes (Correct answer)
Personal opinions about the opposing party
Information unrelated to the client's case

Correct answer: A detailed explanation of the legal process and potential outcomes

When informing a client about the strengths and weaknesses of their case, it is crucial to provide a clear and comprehensive explanation of the legal process involved and the range of potential outcomes. This empowers the client to make informed decisions about their case, understand the risks, and manage their expectations. Avoiding guarantees and personal opinions ensures professional and ethical communication.

Question 118: What are prior inconsistent statements used for?

To impeach a witness's credibility by showing contradictory earlier statements (Correct answer)
To establish a witness's qualifications
To prove the truth of the earlier statement in all cases
To introduce new evidence through a witness

Correct answer: To impeach a witness's credibility by showing contradictory earlier statements

Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.

Question 119: What is arbitrary and capricious review?

A type of review that gives complete deference to agencies
A standard that applies only to agency budget decisions
A review available only for criminal administrative proceedings
A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors (Correct answer)

Correct answer: A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors

Under arbitrary and capricious review, courts assess whether the agency considered relevant factors, made a clear error of judgment, or acted in a manner not based on rational analysis of the evidence.

Question 120: A skydiving customer signs a clear, conspicuous waiver releasing the company from liability for its own negligence. In Indiana, such an exculpatory clause is generally:

Valid only if approved by a court in advance
Enforceable even against claims of intentional wrongdoing
Enforceable if knowingly and willingly signed, unless it violates public policy or covers reckless conduct (Correct answer)
Void in all circumstances

Correct answer: Enforceable if knowingly and willingly signed, unless it violates public policy or covers reckless conduct

Indiana enforces clear exculpatory agreements for negligence absent a public policy violation, but not for willful or wanton misconduct.

Question 121: What is a prenuptial agreement?

A contract entered before marriage that defines property rights and obligations in case of divorce or death (Correct answer)
A custody arrangement made before having children
A post-divorce settlement agreement
A marriage license requirement in all states

Correct answer: A contract entered before marriage that defines property rights and obligations in case of divorce or death

A prenuptial agreement is a contract between prospective spouses that sets forth terms for property division, spousal support, and other financial matters in the event of divorce or death.

Question 122: In a negotiable instruments essay, a holder in due course takes a note subject to which of the following defenses?

Real defenses such as infancy, duress voiding the obligation, and fraud in the factum (Correct answer)
Ordinary breach of contract by the payee
Failure of consideration
Fraud in the inducement

Correct answer: Real defenses such as infancy, duress voiding the obligation, and fraud in the factum

A holder in due course takes free of personal defenses but remains subject to real defenses like infancy, void duress, discharge in bankruptcy, and fraud in the factum.

Question 123: A federal-jurisdiction essay asks whether supplemental jurisdiction covers a state-law claim by a plaintiff against a nondiverse third-party defendant in a diversity case. Under 28 U.S.C. § 1367(b), such a claim is:

Barred only in federal question cases
Allowed whenever the claims share a common nucleus of fact
Allowed only if damages exceed $75,000
Barred, because plaintiffs cannot use supplemental jurisdiction to defeat complete diversity (Correct answer)

Correct answer: Barred, because plaintiffs cannot use supplemental jurisdiction to defeat complete diversity

Section 1367(b) withholds supplemental jurisdiction over claims by plaintiffs against parties joined under Rule 14 when it would be inconsistent with diversity requirements.

Question 124: Under Indiana law, an interested witness (a beneficiary who also attests the will) causes what result?

The witness's gift is unaffected because Indiana abolished the interested witness rule
The entire will is invalid
The witness must forfeit any fees but keeps the bequest
The will remains valid, but the witness-beneficiary's gift is void unless two other disinterested witnesses attested or the witness would take by intestacy (limited to that share) (Correct answer)

Correct answer: The will remains valid, but the witness-beneficiary's gift is void unless two other disinterested witnesses attested or the witness would take by intestacy (limited to that share)

Indiana purges the gift to an attesting beneficiary unless the will is otherwise properly witnessed by disinterested witnesses, though the witness may keep up to an intestate share.

Question 125: In Indiana, a person claiming title by adverse possession must, in addition to the common-law elements, generally prove what statutory requirement?

Payment of property taxes on the disputed land during the possession period (Correct answer)
Recording of a quitclaim deed
A survey filed with the county recorder
Written notice to the record owner

Correct answer: Payment of property taxes on the disputed land during the possession period

Indiana Code 32-21-7-1 requires an adverse possessor to pay the taxes and special assessments falling due on the land during the possession period.

Question 126: Congress passes a law banning firearms within 1,000 feet of any school, citing no connection to commerce. Based on United States v. Lopez, the law is most likely:

Constitutional under the Necessary and Proper Clause
Unconstitutional because it violates the Second Amendment only
Constitutional as regulation of interstate commerce channels
Unconstitutional because it exceeds the Commerce Clause power (Correct answer)

Correct answer: Unconstitutional because it exceeds the Commerce Clause power

Lopez held that possessing a gun near a school is not economic activity substantially affecting interstate commerce, so such a law exceeds the commerce power.

Question 127: The Supremacy Clause provides that federal law preempts state law. Express preemption occurs when:

A state law stands as an obstacle to federal objectives
Federal law so thoroughly occupies a field that no room remains for state regulation
Congress explicitly states its intent to preempt state law in the statute (Correct answer)
Federal and state law conflict directly making compliance with both impossible

Correct answer: Congress explicitly states its intent to preempt state law in the statute

Express preemption occurs when Congress explicitly states in the statute its intent to preempt state law in a particular area, as opposed to implied preemption which courts infer from the statute's structure and purpose.

Question 128: Indiana recognizes which standard for dissolving a marriage?

Mutual consent required from both spouses
Mandatory two-year separation
No-fault based on irretrievable breakdown (Correct answer)
Fault-only grounds

Correct answer: No-fault based on irretrievable breakdown

Indiana allows dissolution upon a finding of irretrievable breakdown of the marriage, a no-fault ground.

Question 129: A plaintiff in a slip-and-fall case offers evidence that the store installed warning signs after her accident. This evidence is generally:

Admissible to prove the store's culpable state of mind
Admissible to prove negligence
Admissible only in criminal cases
Inadmissible to prove negligence as a subsequent remedial measure (Correct answer)

Correct answer: Inadmissible to prove negligence as a subsequent remedial measure

Rule 407 excludes subsequent remedial measures when offered to prove negligence or culpable conduct.

Question 130: A plaintiff sues a defendant in federal court based on diversity jurisdiction. The defendant moves to dismiss for improper venue. Venue is proper in a federal district where:

The plaintiff resides
Any defendant resides, if all defendants reside in the same state (Correct answer)
The defendant owns any property
The contract was negotiated by phone

Correct answer: Any defendant resides, if all defendants reside in the same state

Under 28 U.S.C. § 1391, venue is proper where any defendant resides if all defendants reside in the same state, or where a substantial part of the events occurred.

Question 131: Under the Indiana Tort Claims Act, a claim against a political subdivision must be filed within how many days of the loss?

90 days
180 days (Correct answer)
365 days
270 days

Correct answer: 180 days

The Indiana Tort Claims Act requires notice to a political subdivision within 180 days of the loss.

Question 132: An MPT File contains a client interview transcript where the client's statements conflict with a police report. How should the examinee treat this conflict?

Invent additional facts to resolve the conflict
Assume the client is lying and drop the case theory
Acknowledge the factual conflict and address how it affects the analysis (Correct answer)
Ignore the police report as inadmissible

Correct answer: Acknowledge the factual conflict and address how it affects the analysis

Strong MPT answers identify factual conflicts and explain their impact rather than ignoring or inventing facts.

Question 133: A defendant falsely tells a woman her husband was killed in an accident, as a cruel prank, and she suffers severe emotional trauma. Her best claim is:

Negligence per se
Intentional infliction of emotional distress based on extreme and outrageous conduct (Correct answer)
Assault, because she feared imminent contact
Defamation of her husband

Correct answer: Intentional infliction of emotional distress based on extreme and outrageous conduct

Extreme and outrageous conduct intended to cause severe emotional distress that actually results supports an IIED claim.

Question 134: An Indiana testator's will gives 'my house at 12 Oak Street' to her niece, but the testator later sells that house and buys one at 45 Elm Street. Which doctrine could the niece invoke to argue she should receive the Elm Street house, and how would it likely fare?

Acts of independent significance; she takes both houses
Incorporation by reference; she automatically takes the new house
Ademption analysis; she likely loses because the specific devise adeemed and no replacement-property exception clearly applies (Correct answer)
Dependent relative revocation; she likely wins the new house

Correct answer: Ademption analysis; she likely loses because the specific devise adeemed and no replacement-property exception clearly applies

The sale of specifically devised realty generally causes ademption, and courts applying the identity theory will not substitute after-acquired property absent statutory exceptions.

Question 135: A trustee invests the entire trust corpus in a single speculative stock, which loses value. Under the Uniform Prudent Investor Act frequently tested on the MEE, the trustee most likely breached the duty of:

Impartiality, by favoring the remaindermen
Loyalty, by engaging in self-dealing
Prudent investing, by failing to diversify trust assets (Correct answer)
Disclosure, by failing to publish annual reports

Correct answer: Prudent investing, by failing to diversify trust assets

The UPIA requires trustees to diversify investments and evaluate risk as part of an overall portfolio strategy unless special circumstances justify concentration.

Question 136: A woman petitions for an Indiana protective order against her ex-boyfriend, alleging domestic violence. Which statement about the ex parte order is correct?

The court may issue it without notice upon a showing of domestic or family violence, and the respondent may later request a hearing (Correct answer)
It requires a pending criminal charge against the respondent
It automatically expires after 72 hours
It cannot issue without the respondent first receiving notice and a hearing

Correct answer: The court may issue it without notice upon a showing of domestic or family violence, and the respondent may later request a hearing

Under the Indiana Civil Protection Order Act, courts may grant ex parte relief on a sufficient showing, and the respondent is entitled to request a hearing afterward.

Question 137: A witness is impeached with a prior inconsistent statement made in a deposition. That prior statement may be used substantively because:

All prior inconsistent statements are substantive evidence
Impeachment evidence is always substantive
It was given under penalty of perjury at a proceeding, making it non-hearsay under Rule 801(d)(1)(A) (Correct answer)
Depositions are business records

Correct answer: It was given under penalty of perjury at a proceeding, making it non-hearsay under Rule 801(d)(1)(A)

A prior inconsistent statement given under oath at a trial, hearing, or deposition is defined as non-hearsay and admissible substantively.

Question 138: You are asked to draft a contract clause concerning dispute resolution. Which of the following is an important consideration for the clause?

The clause should be written in complex legal jargon to ensure enforceability.
The clause should avoid detailing the process to avoid future disputes.
The clause should exclude any mention of legal fees.
The clause should specify the type of dispute resolution method (e.g., mediation, arbitration). (Correct answer)

Correct answer: The clause should specify the type of dispute resolution method (e.g., mediation, arbitration).

A well-drafted dispute resolution clause should clearly define the agreed-upon method for resolving future disputes, such as mediation, arbitration, or litigation. Specifying the method, rules, and venue helps streamline the process, reduce uncertainty, and potentially avoid costly court battles, making the clause effective and enforceable.

Question 139: You need to prepare an opening statement for a trial. Which of the following is a key element to include in your statement?

A promise to the jury that you will present all evidence without omissions
A lengthy history of the legal issues unrelated to the current case
A detailed examination of the opposing party’s weaknesses
A clear summary of the evidence you will present and how it supports your case (Correct answer)

Correct answer: A clear summary of the evidence you will present and how it supports your case

An effective opening statement provides the jury with a roadmap of the case, outlining the evidence that will be presented and explaining how that evidence will prove the party's claims or defenses. It sets the stage for the trial, introduces the key players, and helps the jury understand the narrative from the attorney's perspective.

Question 140: O conveys "to A and her heirs so long as the land is used as a farm, then to B." What future interest does B hold?

A contingent remainder
A possibility of reverter
A vested remainder
A shifting executory interest (Correct answer)

Correct answer: A shifting executory interest

A future interest in a third party that cuts short a fee simple determinable is a shifting executory interest.

Question 141: What is the maximum duration of rehabilitative maintenance an Indiana court may order following dissolution?

Until the recipient remarries
Three years from the date of the final decree (Correct answer)
One year from the date of filing
Five years from the date of separation

Correct answer: Three years from the date of the final decree

Indiana Code 31-15-7-2 caps rehabilitative maintenance at three years from the date of the final decree.

Question 142: In a civil procedure essay, a defendant fails to raise lack of personal jurisdiction in its pre-answer Rule 12 motion asserting improper venue. The personal jurisdiction defense is:

Waived, because it was omitted from the initial Rule 12 motion (Correct answer)
Preserved because jurisdiction can never be waived
Preserved if raised within 21 days of the answer
Preserved until trial begins

Correct answer: Waived, because it was omitted from the initial Rule 12 motion

Under Rule 12(g) and 12(h), personal jurisdiction is waived if omitted from a pre-answer motion raising other Rule 12(b) defenses.

Question 143: Under Indiana law, a court may award spousal maintenance after dissolution in which of the following circumstances?

The spouses had a significant disparity in income at the time of filing
The marriage lasted more than 20 years
One spouse committed adultery during the marriage
The spouse is physically or mentally incapacitated to the extent that self-support is materially affected (Correct answer)

Correct answer: The spouse is physically or mentally incapacitated to the extent that self-support is materially affected

Indiana permits maintenance only in limited circumstances: incapacity of a spouse, a caregiver for an incapacitated child lacking sufficient property, or short-term rehabilitative maintenance up to three years.

Question 144: An examinee finds that a fact needed for the analysis is missing from the MPT File. What is the best course?

Assume the fact favors the client without comment
Skip the issue entirely
Note the missing fact and explain how its resolution would affect the conclusion (Correct answer)
Fabricate a plausible fact to complete the analysis

Correct answer: Note the missing fact and explain how its resolution would affect the conclusion

Identifying factual gaps and explaining their significance demonstrates the fact-analysis skill the MPT rewards.

Question 145: An MPT Library case includes a footnote stating a rule was superseded by a later Franklin statute also in the Library. Which authority should the examinee apply?

Both equally, letting the grader choose
The statute, because it supersedes the earlier case rule (Correct answer)
Neither, because superseded law cannot be discussed
The case rule, because cases outrank statutes

Correct answer: The statute, because it supersedes the earlier case rule

A statute that supersedes earlier case law controls, and the Library signals such relationships deliberately.

Question 146: A government employee is fired after speaking on a matter of public concern. Under Garcetti v. Ceballos, the employee's First Amendment claim is barred if the speech was made:

Pursuant to official duties (Correct answer)
On social media
Outside of working hours
Anonymously

Correct answer: Pursuant to official duties

Garcetti held that when public employees make statements pursuant to their official duties, they are not speaking as citizens on matters of public concern, so the First Amendment does not protect them from employer discipline.

Question 147: Under the Eleventh Amendment, a federal court generally cannot hear a suit against a state brought by:

The federal government
The state itself
A citizen of another state (Correct answer)
A foreign nation

Correct answer: A citizen of another state

The Eleventh Amendment bars federal court suits against a state by citizens of another state (or foreign nation) without the state's consent, protecting state sovereign immunity.

Question 148: Which of the following marriages is void ab initio under Indiana law?

A marriage between first cousins who are both 25 years old (Correct answer)
A marriage between second cousins
A common-law marriage formed in Ohio in 1985 by an Ohio couple
A marriage entered after a 3-day license waiting period

Correct answer: A marriage between first cousins who are both 25 years old

Indiana voids marriages between relatives closer than second cousins, although first cousins may marry only if both are at least 65 years old.

Question 149: A grandmother in Indiana petitions for visitation with her grandchild over the objection of the child's fit married parents whose marriage is intact. What is the likely result?

Denial only if the grandmother previously abused the child
Granted, if visitation is in the child's best interests
Denial, because Indiana's Grandparent Visitation Act does not authorize petitions when the child's parents are married and the family is intact (Correct answer)
Granted automatically because grandparents have constitutional visitation rights

Correct answer: Denial, because Indiana's Grandparent Visitation Act does not authorize petitions when the child's parents are married and the family is intact

Indiana's Grandparent Visitation Act permits petitions only when a parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born out of wedlock, and fit parents' decisions receive special deference under Troxel.

Question 150: Which of the following is required for a valid holographic (entirely handwritten, unwitnessed) will in Indiana?

The testator's handwriting throughout and a dated signature
Material provisions in the testator's handwriting
Nothing suffices; Indiana does not recognize unwitnessed holographic wills (Correct answer)
Two disinterested people who can verify the handwriting after death

Correct answer: Nothing suffices; Indiana does not recognize unwitnessed holographic wills

Indiana does not recognize holographic wills; all wills (except nuncupative wills in limited cases) must be witnessed by two attesting witnesses.

Question 151: In Indiana, a surviving spouse who is dissatisfied with the will may elect against it and take an elective share of:

One-half of the net estate, reduced to one-third of net personal property plus a life-estate-equivalent limit if there are surviving children of a prior marriage (Correct answer)
The entire probate estate
The intestate share in all cases
One-third of the gross estate in all cases

Correct answer: One-half of the net estate, reduced to one-third of net personal property plus a life-estate-equivalent limit if there are surviving children of a prior marriage

Indiana's elective share is generally one-half of the net estate, but a subsequent childless spouse's share is reduced when the decedent left children by a previous spouse.

Question 152: An MPT task memo asks you to draft a closing argument for a bench trial. What adjustment should the examinee make compared to a jury argument?

Address the argument to opposing counsel
Focus on the legal standards and how the evidence satisfies them, since the audience is a judge (Correct answer)
Avoid discussing evidence altogether
Use more emotional appeals since judges expect drama

Correct answer: Focus on the legal standards and how the evidence satisfies them, since the audience is a judge

Arguments to a judge should emphasize legal standards and record evidence rather than emotional jury-style appeals.

Question 153: An MPT Library contains a case from the neighboring fictional state of Columbia. How should a Franklin trial court treat it?

As persuasive authority only (Correct answer)
As binding precedent
As controlling only if it is more recent than Franklin cases
As void because it is out of state

Correct answer: As persuasive authority only

Out-of-state decisions are persuasive, not binding, on Franklin courts.

Question 154: A decedents' estates essay involves a beneficiary who murders the testator. Under slayer statutes tested on the MEE, the killer:

Takes the inheritance but pays a fine to the estate
Takes only if acquitted in criminal court, regardless of civil findings
Is treated as having predeceased the testator and forfeits the inheritance (Correct answer)
Forfeits only real property but keeps personal property

Correct answer: Is treated as having predeceased the testator and forfeits the inheritance

Slayer statutes bar one who feloniously and intentionally kills the decedent from inheriting, treating the killer as predeceased, and a civil-standard finding suffices.

Question 155: In Indiana, a claim for breach of an oral contract not involving the payment of money is subject to what limitations period?

Six years (Correct answer)
Ten years
Two years
Four years

Correct answer: Six years

Indiana Code 34-11-2-7 applies a six-year statute of limitations to actions on unwritten contracts.

Question 156: On the MPT, what is the primary purpose of the "File" provided to examinees?

It contains the legal authorities the examinee must apply
It contains model answers from prior administrations
It contains the factual materials for the client's case, such as memos, transcripts, and correspondence (Correct answer)
It contains the grading rubric used by examiners

Correct answer: It contains the factual materials for the client's case, such as memos, transcripts, and correspondence

The File holds all case-specific factual documents, while the Library holds the legal authorities.

Question 157: In Indiana, punitive damages are capped at the greater of three times compensatory damages or what amount?

$25,000
$50,000 (Correct answer)
$250,000
$100,000

Correct answer: $50,000

Indiana Code 34-51-3-4 caps punitive damages at the greater of three times compensatory damages or $50,000.

Question 158: A grand jury indicts a defendant based partly on hearsay and illegally seized evidence. His motion to dismiss the indictment on these grounds will:

Fail only if the prosecutor acted in good faith
Fail, because grand juries may consider hearsay and evidence that would be inadmissible at trial (Correct answer)
Succeed, because hearsay cannot support probable cause
Succeed, because the exclusionary rule applies to grand jury proceedings

Correct answer: Fail, because grand juries may consider hearsay and evidence that would be inadmissible at trial

Under Costello and Calandra, grand jury indictments may rest on hearsay and illegally obtained evidence.

Question 159: Under Indiana's simultaneous death rules, when a devisee fails to survive the testator by the statutory period (absent contrary will language), the devisee is:

Deemed to have survived, so the gift passes through the devisee's estate
Treated as having predeceased the testator, so the gift passes as if the devisee died first (Correct answer)
Entitled to half the gift, shared with the alternate taker
Required to have survived by at least one year

Correct answer: Treated as having predeceased the testator, so the gift passes as if the devisee died first

A beneficiary who does not meet the survivorship requirement is deemed to have predeceased the decedent, preventing double administration of the same property.

Question 160: During deliberations, a juror researched the case online and shared findings. On a motion for new trial, jurors may testify about:

Whether extraneous prejudicial information was improperly brought to the jury's attention (Correct answer)
Their internal thought processes during deliberation
How each juror voted
Whether the verdict was a compromise

Correct answer: Whether extraneous prejudicial information was improperly brought to the jury's attention

Rule 606(b) bars testimony about deliberations but permits testimony on extraneous information or outside influence.

Question 161: In Indiana, when a jury allocates fault among the plaintiff, defendant, and a nonparty, the defendant may name a nonparty in its defense primarily to:

Convert the case to joint and several liability
Reduce its own percentage of fault by attributing fault to the absent actor (Correct answer)
Obtain contribution from the nonparty after judgment
Force the nonparty to pay damages directly

Correct answer: Reduce its own percentage of fault by attributing fault to the absent actor

Indiana's Comparative Fault Act allows a nonparty defense so fault can be allocated to an absent actor, lowering the named defendant's several share.

Question 162: The task memo directs you to write a letter to an unrepresented opposing party. Based on professional conduct principles in the Library, what must the letter avoid?

Identifying yourself as the client's lawyer
Describing the relevant deadline
Giving the unrepresented party legal advice other than to secure counsel (Correct answer)
Stating your client's position

Correct answer: Giving the unrepresented party legal advice other than to secure counsel

A lawyer may not advise an unrepresented adverse party except to recommend obtaining counsel.

Question 163: A 911 call made during a home invasion describing the intruder is offered at trial. The strongest hearsay exception is:

Statement against interest
Ancient document
Excited utterance (Correct answer)
Business record

Correct answer: Excited utterance

A statement made under the stress of a startling event qualifies as an excited utterance under FRE 803(2).

Question 164: What is the statute of frauds?

Only oral contracts are subject to fraud claims
All contracts must be in writing
Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year (Correct answer)
Fraud automatically invalidates any contract

Correct answer: Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year

The statute of frauds requires a signed writing for certain categories of contracts including land sales, contracts not performable within one year, surety agreements, and contracts for goods over $500 under the UCC.

Question 165: A grantor delivered a deed to a grantee, who never recorded it. The grantor then sold the same land to a bona fide purchaser who recorded first. In a notice jurisdiction, who owns the land?

The bona fide purchaser, because she took without notice of the prior conveyance (Correct answer)
The first grantee, because delivery completed the conveyance
The first grantee, because recording is optional
The grantor, because the first deed was never recorded

Correct answer: The bona fide purchaser, because she took without notice of the prior conveyance

In a notice jurisdiction, a subsequent bona fide purchaser without notice of a prior unrecorded conveyance prevails.

Question 166: O conveys "to A for life, then to A's children who reach 21." A has one child, X, age 5, at the conveyance. What interest do A's children hold?

A contingent remainder (Correct answer)
A springing use
An executory interest
A vested remainder subject to open

Correct answer: A contingent remainder

Because no child has yet satisfied the condition precedent of reaching 21, the remainder is contingent.

Question 167: In a family law essay, a premarital agreement waiving spousal maintenance is challenged. Under the Uniform Premarital Agreement Act, the agreement is unenforceable if the challenging spouse proves:

That no attorney reviewed the agreement, which alone voids it
Involuntary execution, or unconscionability at signing plus inadequate financial disclosure (Correct answer)
Only that the terms now seem unfair after changed circumstances
That the agreement was signed less than 30 days before the wedding

Correct answer: Involuntary execution, or unconscionability at signing plus inadequate financial disclosure

Under the UPAA, a premarital agreement fails only if executed involuntarily or if it was unconscionable when signed and the challenger lacked fair disclosure, waiver, or knowledge of the other's finances.

Question 168: A photocopy of a contract is offered at trial. Under the best evidence rule, the copy is:

Admissible only with the opponent's consent
Admissible only if the original is destroyed
Inadmissible because only originals are allowed
Admissible as a duplicate unless there is a genuine question about the original's authenticity (Correct answer)

Correct answer: Admissible as a duplicate unless there is a genuine question about the original's authenticity

Rule 1003 makes duplicates admissible to the same extent as originals absent a genuine authenticity dispute or unfairness.

Question 169: Which strategy best handles a Library case whose facts are unfavorable to your client in a persuasive MPT brief?

Omit the case and hope the grader misses it
Concede the entire issue
Argue that the court should ignore its own precedent without reason
Distinguish the case on its facts or limit its holding (Correct answer)

Correct answer: Distinguish the case on its facts or limit its holding

Persuasive writing requires confronting adverse authority by distinguishing it or narrowing its reach.

Question 170: What does the Fourth Amendment protect against?

All searches regardless of reasonableness
Unreasonable searches and seizures by the government (Correct answer)
Only searches of private homes
Searches by private parties

Correct answer: Unreasonable searches and seizures by the government

The Fourth Amendment protects individuals from unreasonable searches and seizures by government actors, requiring warrants based on probable cause for most searches.

Question 171: What is eminent domain?

The power to zone property for commercial use
A landlord's right to evict tenants
The government's power to take private property for public use with just compensation (Correct answer)
A property owner's right to expand their land

Correct answer: The government's power to take private property for public use with just compensation

Eminent domain allows the government to acquire private property for public purposes, but the Fifth Amendment requires payment of just compensation to the owner.

Question 172: The MPT may test tasks other than memos and briefs. Which of the following is a plausible MPT assignment?

Taking a live deposition
Negotiating in real time with opposing counsel
Drafting a client opinion letter (Correct answer)
Arguing orally before graders

Correct answer: Drafting a client opinion letter

The MPT can require written work products like opinion letters, contract provisions, or discovery plans, but never live performance.

Question 173: Under AOPA, when an administrative law judge is not the agency's ultimate authority, the ALJ's order is:

Automatically stayed for 90 days
Void unless ratified by the governor
Immediately final and enforceable
A nonfinal order subject to review by the ultimate authority (Correct answer)

Correct answer: A nonfinal order subject to review by the ultimate authority

The ALJ's order is nonfinal and becomes final only through the agency's ultimate authority absent timely objection and review.

Question 174: You are given a file with documents about a client's potential negligence claim. Your task is to draft a memorandum analyzing the potential claims based on the facts provided. What is the primary purpose of this memorandum?

To provide a detailed summary of the client's case history
To prepare a brief for a judge to use in a pretrial hearing
To argue for a specific legal outcome in court
To offer an objective analysis of the client's potential legal claims and defenses (Correct answer)

Correct answer: To offer an objective analysis of the client's potential legal claims and defenses

A legal memorandum, especially an objective one, serves to analyze the relevant facts and law to predict the likely outcome of a legal issue. Its primary purpose is to provide an unbiased assessment of the client's position, outlining potential claims, defenses, and legal arguments without advocating for a specific outcome. This helps the attorney advise the client effectively.

Question 175: A manufacturer breaches, and the buyer claims lost profits from a resale contract the manufacturer never knew about. Under Hadley v. Baxendale, the lost profits are recoverable only if:

They were foreseeable to the breaching party at the time of contracting (Correct answer)
The buyer mitigated by covering
They are proven with absolute certainty
The contract disclaimed consequential damages

Correct answer: They were foreseeable to the breaching party at the time of contracting

Consequential damages are limited to losses arising naturally or that were within the parties' contemplation when the contract was made.

Question 176: Which of the following is NOT a statutory ground for relief on judicial review under IC 4-21.5-5-14?

The action is arbitrary, capricious, or an abuse of discretion
The action is unwise as a matter of policy though lawful and supported by the record (Correct answer)
The action exceeds the agency's statutory authority
The action is unsupported by substantial evidence

Correct answer: The action is unwise as a matter of policy though lawful and supported by the record

Courts may not set aside agency action merely because they disagree with its policy wisdom; review is limited to the statutory grounds.

Question 177: An MPT File includes a document marked as a draft contract with blanks. The task memo asks you to redraft a clause. What skill is primarily being tested?

Legal research using outside databases
Transactional drafting that implements the client's objectives within the Library's legal constraints (Correct answer)
Memorized contract law from the MBE
Trial advocacy

Correct answer: Transactional drafting that implements the client's objectives within the Library's legal constraints

Drafting tasks test the ability to translate client goals into precise language consistent with the supplied law.

Question 178: In a conveyance of real property, which of the following is NOT required to create a valid deed?

A written document
The grantee's signature (Correct answer)
Delivery of the deed
The grantor's signature

Correct answer: The grantee's signature

A valid deed requires a written document, identification of the grantor and grantee, a description of the property, words of conveyance, the grantor's signature, and delivery to the grantee. The grantee's signature is not required because the deed conveys an interest *to* the grantee, and their acceptance is typically implied by taking possession or recording the deed.

Question 179: An Indiana court may deny a noncustodial parent parenting time only upon finding what?

That parenting time might endanger the child's physical health or significantly impair the child's emotional development (Correct answer)
That the custodial parent objects to visitation
That the parent is behind on child support
That the parents cannot communicate civilly

Correct answer: That parenting time might endanger the child's physical health or significantly impair the child's emotional development

IC 31-17-4-1 entitles a noncustodial parent to reasonable parenting time unless the court finds it might endanger the child's physical health or significantly impair emotional development.

Question 180: In a negotiable instruments essay, a check is payable 'to the order of John Smith.' A thief steals it, forges Smith's indorsement, and cashes it at a bank. As between Smith and the bank, who bears the loss?

The bank, because a forged indorsement is ineffective to negotiate order paper (Correct answer)
Smith, because possession of a check transfers title
The bank and Smith share the loss equally
Smith, because he should have used electronic payment

Correct answer: The bank, because a forged indorsement is ineffective to negotiate order paper

A forged necessary indorsement prevents anyone from becoming a holder, so the payee retains rights and the bank that paid over the forgery bears the loss.

Question 181: An employer threatens to fire an at-will employee unless she signs a release of valid legal claims, leaving her no reasonable alternative. The release is most vulnerable to attack on grounds of:

Economic duress (Correct answer)
Statute of Frauds
Mutual mistake
Lack of capacity

Correct answer: Economic duress

A wrongful threat that leaves the victim no reasonable alternative supports rescission for economic duress.

Question 182: What is the mailbox rule in contract law?

An offer expires when placed in the mailbox
An acceptance is effective when dispatched by the offeree, not when received by the offeror (Correct answer)
All contract communications must be in writing
Contracts must be mailed to be valid

Correct answer: An acceptance is effective when dispatched by the offeree, not when received by the offeror

The mailbox rule provides that an acceptance becomes effective at the moment of dispatch (when mailed), creating a contract even before the offeror receives it.

Question 183: How is the MPT scored in UBE jurisdictions like Indiana?

Graded pass/fail only
Scored by NCBE staff in a national center
Machine-scored against a fixed answer key
Graded by the jurisdiction's graders using NCBE point sheets, then scaled to the MBE (Correct answer)

Correct answer: Graded by the jurisdiction's graders using NCBE point sheets, then scaled to the MBE

Jurisdiction graders apply NCBE grading materials and raw scores are scaled to the MBE distribution.

Question 184: What is relevance in evidence law?

Evidence that has any tendency to make a material fact more or less probable (Correct answer)
Evidence that proves a fact conclusively
Only direct evidence of the crime
Evidence that the judge personally finds interesting

Correct answer: Evidence that has any tendency to make a material fact more or less probable

Relevant evidence is any evidence that has a tendency to make a fact of consequence to the case more or less probable than it would be without the evidence.

Question 185: A judge in a bench trial takes judicial notice that Indianapolis is in Marion County, Indiana. This fact is:

Improper because judges cannot notice geography
Proper only if a party requests it
Proper because it is generally known within the jurisdiction and not subject to reasonable dispute (Correct answer)
Improper without expert testimony

Correct answer: Proper because it is generally known within the jurisdiction and not subject to reasonable dispute

Rule 201 permits judicial notice of facts generally known in the jurisdiction or accurately verifiable from unquestionable sources.

Question 186: In Indiana, a revocable trust can be revoked by the settlor:

At any time, because all Indiana trusts are presumed revocable
Only with court approval after notice to beneficiaries
Only with the trustee's written consent
Only if the power to revoke is reserved in the trust instrument, since Indiana trusts are presumed irrevocable absent contrary terms (Correct answer)

Correct answer: Only if the power to revoke is reserved in the trust instrument, since Indiana trusts are presumed irrevocable absent contrary terms

Unlike the UTC default, Indiana presumes a trust is irrevocable unless the settlor expressly reserves the power to revoke or modify.

Question 187: Under Indiana law, the Comparative Fault Act does NOT apply to negligence claims against which defendant?

Private hospitals
Retail corporations
Governmental entities (Correct answer)
Individual landlords

Correct answer: Governmental entities

Claims against governmental entities under the Indiana Tort Claims Act remain governed by common-law contributory negligence.

Question 188: Neighbors A and B share a common driveway under a written easement benefiting A's parcel. A sells his parcel to C. May C use the driveway?

Yes, because an appurtenant easement passes automatically with the dominant estate (Correct answer)
No, because easements are personal to the original parties
Only if B consents in writing
Only if the deed to C expressly mentions the easement

Correct answer: Yes, because an appurtenant easement passes automatically with the dominant estate

An appurtenant easement runs with the dominant estate and transfers automatically to successors regardless of whether the deed mentions it.

Question 189: Under Indiana's Administrative Orders and Procedures Act (AOPA), a petition for judicial review of a final agency action must generally be filed within how many days after notice of the action?

60 days
30 days (Correct answer)
90 days
15 days

Correct answer: 30 days

IC 4-21.5-5-5 requires the petition for judicial review to be filed within 30 days after notice of the agency action.

Question 190: Which of the following most commonly causes examinees to lose points on the MPT?

Using headings to organize the answer
Citing the Library cases by name
Applying the facts from the File
Failing to follow the specific format and task described in the instruction memo (Correct answer)

Correct answer: Failing to follow the specific format and task described in the instruction memo

Ignoring the task memo's instructions on format, audience, or scope is the most frequent and costly MPT error.

Question 191: A contractor agrees to build a barn for $50,000 but midway demands $10,000 more due to unexpected rock in the soil that neither party anticipated. The owner agrees. At common law, the modification is:

Unenforceable unless the owner received new consideration
Unenforceable, because of the preexisting duty rule in all cases
Enforceable only if in writing
Enforceable, because unanticipated circumstances make it fair and equitable (Correct answer)

Correct answer: Enforceable, because unanticipated circumstances make it fair and equitable

Courts enforce modifications without new consideration when they are fair and equitable in light of circumstances not anticipated when the contract was made.

Question 192: A witness cannot remember details of an accident report she wrote. Counsel shows her the report, and she still cannot recall the events. The report may be:

Admitted only as impeachment
Admitted as an exhibit by the proponent
Excluded entirely because memory failed
Read into evidence as a recorded recollection (Correct answer)

Correct answer: Read into evidence as a recorded recollection

Under FRE 803(5), a recorded recollection may be read into evidence but received as an exhibit only if offered by the adverse party.

Question 193: Under the Due Process Clause of the Fourteenth Amendment, which of the following is NOT considered a fundamental right requiring strict scrutiny?

Right to privacy in reproductive decisions
Right to education (Correct answer)
Right to marry
Right to interstate travel

Correct answer: Right to education

The Supreme Court has not recognized education as a fundamental right under the Constitution, so laws affecting access to education are generally reviewed under rational basis.

Question 194: The Takings Clause of the Fifth Amendment, incorporated against the states, requires just compensation when the government takes private property. A regulation that denies an owner all economically beneficial use of land is called a:

Partial taking
Per se taking (Correct answer)
Physical invasion
Regulatory taking

Correct answer: Per se taking

Under Lucas v. South Carolina Coastal Council, when a regulation deprives an owner of all economically beneficial use of land, it constitutes a per se taking requiring just compensation.

Question 195: A settlor creates an irrevocable spendthrift trust in Indiana for his daughter. Which creditor can nonetheless reach the daughter's interest?

A credit card company with a judgment
A claimant holding a child support order against the daughter (Correct answer)
The daughter's landlord for unpaid rent
A tort judgment creditor from a car accident

Correct answer: A claimant holding a child support order against the daughter

Spendthrift protection in Indiana generally yields to claims for child support (and certain other exception creditors), but not to ordinary contract or tort creditors.

Question 196: An MPT task memo instructs you to write a persuasive brief. Which approach best fits this instruction?

Advocate for your client's position using favorable framing of law and facts (Correct answer)
Recommend the client settle to avoid litigation
Summarize only the facts without applying law
Present both sides neutrally and let the reader decide

Correct answer: Advocate for your client's position using favorable framing of law and facts

A persuasive brief requires advocacy that frames the law and facts favorably for the client.

Question 197: What is assumption of risk as a defense to negligence?

Insurance companies assume all risk in negligence claims
The defendant assumed the risk of being sued
The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery (Correct answer)
The court assumes risk allocation between parties

Correct answer: The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery

Assumption of risk applies when the plaintiff was aware of a specific danger and voluntarily chose to encounter it, which may reduce or eliminate the defendant's liability.

Question 198: Police obtain a confession after a deliberate two-step interrogation: they question first without Miranda warnings, get a confession, then give warnings and have the suspect repeat it. Under Missouri v. Seibert, the post-warning confession is:

Admissible, because warnings were ultimately given
Admissible under Oregon v. Elstad in all circumstances
Inadmissible, because the deliberate question-first tactic rendered the midstream warnings ineffective (Correct answer)
Inadmissible only if physical coercion was used

Correct answer: Inadmissible, because the deliberate question-first tactic rendered the midstream warnings ineffective

Seibert condemns the deliberate two-step strategy because midstream warnings cannot effectively convey the right to remain silent.

Question 199: What is the hearsay rule?

Hearsay is always admissible
Only written statements can be hearsay
Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible (Correct answer)
All spoken testimony is hearsay

Correct answer: Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.

Question 200: A party learns mid-hearing that the ALJ has a financial stake in the outcome. What should the party do to preserve the issue?

File a police report
Demand a jury instead
Wait and raise bias for the first time on judicial review
Promptly move to disqualify the ALJ (Correct answer)

Correct answer: Promptly move to disqualify the ALJ

Claims of ALJ bias or disqualification must be raised promptly before the agency or they are generally waived.

Question 201: Under the Appointments Clause of Article II, 'inferior officers' may be appointed by Congress to which of the following?

The courts of law or department heads
The full Senate by majority vote
Both A and B (Correct answer)
The President alone

Correct answer: Both A and B

The Appointments Clause allows Congress to vest appointment of inferior officers in the President alone, the courts of law, or the heads of departments — any of these three options.

Indiana Bar Examination (Uniform Bar Examination)

The Indiana Bar Examination is a Uniform Bar Examination (UBE) administered over two days, consisting of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT), testing candidates on core legal subjects and practical lawyering skills. A minimum scaled score of 266 out of 400 is required to pass.

200

Questions

360 min

Time Limit

67%

To Pass

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